say hello. Uh we're being recorded. Uh and we may be going out live. I don't know. >> Yes. Okay. Um we have uh 1 2 3 4 5 six proposed zoning
regulations. Uh and if I could guess, you're here for the scenic roads bylaw mostly. if I could have >> a hand for those that are really here for that.
>> Okay, thank you. So, we're going to take that out of turn. So, if we could start with that. >> Sure. >> So, before we jump into that, I just want to set some of the the context for this. So on December 4th, the planning
board discussed potential zoning amendments as well as the scenic roads bylaw. Um on December 5th, the planning board submitted a public hearing request to the select board. That's for the zoning piece. A a town bylaw is not a um
something that is has a public hearing undertaken before the planning board. That is the select board's job. So, what we'll be doing, the planning board will be doing is taking testimony from the public and then making a recommendation to the select board as to whether to
open a public hearing on a scenic roads bylaw or not. Then they will make their decision on opening that public hearing. Then if they decide to have a public hearing, you all can will be welcome to come attend their meeting on that and then they'll make a decision as to whether or not to add that to the town
meeting warrant for May 5th this year. And so the way we're going to run this is um I will first present the entire article to the board. Um so each section of the bylaw I will read out to the board. Um and then the board will
deliberate amongst themselves or and ask staff questions. Um we also have Chris Gonzal's the highway surveyor here too. So if they have questions they may ask him a question. Um after they have their time to deliberate they will open the floor for public comment. The public
comment the planning board has a policy that um public comment should be five minutes. We're not going to stick hard and fast to that, but in the interest of everyone having some time to to be able to speak, um try to limit your comments. And if your concern has been addressed,
um if you could pass over that and bring up a different issue just so we can have the opportunity for everyone who would like to speak to speak um and have their time to uh talk to the board. And then as I said um they'll they will make a
motion to recommend whether or not the select board should open a public hearing for this bylaw. So again they are not the decision-making body here. It is the select board. Okay. So, the planning board proposed
the scenic roads bylaw to introduce to the town tonight to get feedback on it to see if it's something that is worth considering. there's been some um interest in in having a scenic roads bylaw and they wanted to schedule this
discussion item on their agenda for tonight because public hearings tend to get the most people coming out to the meetings. Um so again, this is not a public hearing. The town bylaw has to have a select board public hearing in order to be placed on the town meeting
warrant um as I said a moment ago. And so what the the board is considering for the scenic roads bylaw is to help it's it it is a tool to help towns preserve historic resources or rural character and desired corridors. Now not all means
to do this is you know appropriate for all towns. So it's but it's just something they wanted to open the floor for discussion with you all. Um, if it is adopted, as I said, uh, if it goes to the select board and they open their own
public hearing and then it's adopted at town meeting under Mass General law, a public hearing is required whenever a stone wall or tree is removed within the public road layout. And in order for this to be adopted at town meeting, it
requires a 50% vote. And so there are 18 different roads you can see up here identified in green on this map. Um if it's kind of hard to see and you have your phone, if you go Google Westport MA
planning board, at the top of that page, there will be this packet with the town bylaw as well as the map that you can view and follow along um for this meeting. And so with that, I'll get into
the content of this bylaw. So sections [clears throat] section one of the bylaw is the purpose section. Um, and let me back up really quick. One thing I forgot to mention for the board is that all of this was reviewed by town council. Um, and town council's comments
have been incorporated into this. So, the purpose of this bylaw [clears throat] is that the town of Westport adopts these provisions to maintain the scenic beauty, aesthetic value, and historic significance of certain roads in the town of Westport by designating them as scenic roads. Um,
this bylaw is adopted in accordance with Mass General Law 40, section 15C. Oh, sorry, skipped ahead. So, there are a couple of definitions that will be added to the town's bylaw if this is adopted.
Um, the following terms contained in this bylaw shall have the following meanings. repair, maintenance, reconstruction, or paving work defined as any such work done within the right of way by any person or agency, public or private, including roadway widening
or construction of a new private driveway within the right of way, but not including utility work and trees not affecting the road itself. A scenic road will be defined as any road or portion of road other than a numbered route unless its entire length is contained
within the boundaries of the town of Westport. And no part of said route is owned or maintained by the Commonwealth of Massachusetts or state highway designated as a scenic road by vote of town meeting pursuant to this bylaw. The boundary of a scenic road shall be the
right of way line of such road and shall include anything touching or located on the right ofway line. Stone wall any structure of natural stones cut or uncut, built to order, enclose, divide or define an area regardless of the condition of that
structure. And a tree will would be defined as any deciduous or non-deciduous wood perennial plant having a trunk diameter of three inches or more as measured 4 feet above the ground. Section four relates to the process to
designate a scenic road. So the considerations that the board will give in determining whether roads or portions of roads should be recommended for designation as a scenic road. The following criteria should be considered. The way's historic significance, scenic
beauty, tree canopy and unique character of natural features. Stonewall age and aesthetic value. Culturally important locations as it relates to the town's historic character and identity. Public safety. consistency with town policies and plans and other
sound planning considerations. Under the procedure section, a public way may be requested to be designated as a scenic road by the planning board, conservation commission, historical commission, or citizen petition. If requested by a citizen
petition, a recommendation that a public way is designated as a scenic road shall be made by the planning board, conservation, or historical commission. such a public way shall be designated a scenic road following a majority vote at town meeting. And so I'll read off the
roads um from the map that are proposed to be designated as scenic roads. Adamsville Road, Blossom Road, Braen Point Road, Cornell Road, Crossroad between Horsene Neck and Division Road, crossroad between Howland Road and River
Road, Division Road, Drift Road, Hicksbridge Road, Horseneck Road, Hotel Hill Road, Main Road, south of Schwarz's Way, Old Harbor Road, Old Pinehill Road, Pineh Hill Road, River Road, Sodom Road,
the section from Adamsville to Charlotte White Road, and West Beach Road. Um, just one thing to note is that town council did recommend that these would be separate warrant articles in a proposed bylaw at town meeting. So, you
don't have to go back and modify the entire bylaw each time you need to add or remove a road. So, that's just a little caveat. doesn't really have any bearing on the discussion here tonight, but it is something to keep in mind should it move to a public or should it
move to annual town meeting. >> What was the last road you said? I don't see it on the list. West Beach. >> Oh, excuse me. That was It didn't make it up there, but West Beach Road. >> Okay. [clears throat] It was cut off.
Section five relates to planning board public hearings and actions affecting scenic roads. The the planning board has proposed that the planning board would be the regulatory authority for these public hearings. A public hearing and the written consent of the planning
board is required when any repair, maintenance, reconstruction, or paving work to be done within a scenic road boundary will involve cutting or removing trees or tearing down of stone walls or portions thereof. When a dispute as to the boundary of a
scenic road arises, it will be presumed that the tree or stonewall in question is within the boundary until otherwise demonstrated by a land survey submitted to the planning board. It shall be the responsibility of the person seeking the planning board's written consent to file a written
request to the planning board for a public hearing and pay a filing fee and the cost of advertising said hearing and a filing fee is required by general law section 40 section 15 C. Following the conclusion of the public hearing, the
planning board shall issue a written decision. And if permission is granted to cut trees or remove trees or tear down or destruct stone walls within a scenic road boundary, the planning board shall give consent in writing. Sorry, I didn't pull up these slides.
A public hearing and the prior written consent of the planning board is not required for dead trees or trees determined to be a hazard by the town tree warden, provided that the requirements of GL87 section 3 shall still apply.
A public hearing is not required when emergency conditions necess necessitate work to protect public health and safety. So long as the work done within a scenic road boundary shall be limited to that necessary to remediate the emergency conditions. The work shall be
reported to the planning board within 24 hours of the emergency work. And lastly, the planning board may adopt rules and regulations for carrying out its duties under and consistent with this bylaw. And then as it relates to enforcement,
enforcement of this bylaw shall be by the building commissioner. Any person who fails to obtain written consent to cut or remove trees or tear down or destruct stone walls as required by this bylaw prior to doing so shall be punishable by a fine of $300, provided
that each week such violation shall constitute a separate offense. To remediate the violation, a public hearing must be held with the planning board per the requirements of this bylaw. The planning board may impose reasonable provisions for tree plantings or stonewall reconstruction as
applicable. And with that, I'll open up the floor for the board. >> Thank you, Mike. Uh I have a couple of questions that just occurred to me as you're reading this uh numbered row of 28
that would be included because it's all >> uh let me go back to the definition. So So Jim's question was, would Route 88 be considered a scenic road under the scenic roads bylaw because it is completely contained within the town of
Westport? And the answer to that is no because that route is maintained and owned by the Commonwealth of Massachusetts. And uh secondly, I'd just like to reiterate the reasoning behind our proposal to have this bylaw. We've been
we've had people ask us for years why Westport didn't have a scenic byway and it to have one. Uh, and I'm not sure that this is, you know, will be the one
that's completely voted without amendment at time that um, everybody that we've asked about planning issues. They want to retain the character of the rural and agricultural
community that we are. And that's the intention. uh that I think we have used to to do this. So, open it up to other point holders. >> Mr. Chair, I just want to emphasize that
uh this has to do with the public way. It has to do with trees and stone walls that are in the roadway that are common ownership. it in no way restricts what any person wants to do with their own
land. Uh so in some cases stone walls are on private land. In other cases they're in the roadway in the public way and in some cases they may be over that property line and and on both. Uh and as
Michael said, you know, if there needs to be a determination about where a Stonewall lies, then you know, we should get it surveyed. But this is intended only to restrict what someone might do
in the public way regarding trees or stone walls. not what anyone wants to do with stone walls, trees, or anything else uh on your own private property. Doesn't affect your own private property at all.
>> I think >> Okay, hold it. >> We're talking over here. >> Hello. [clears throat] >> Thank you. The uh the critical thing we tried to do in this is that
the the triggering effect you know what you know is the way it's written is not it's some work maintenance paving all that stuff that takes down a tree or takes down a wall.
If you have to do that, then you need our approval. If you're doing paving or maintenance or installing a drain or anything that doesn't take down the tree or doesn't change the stone wall
>> in the public way in the public way, then you just do what you need to do. you need to get a road opening permit or something, you know, but but you don't need to come to the planning board for a permit. I got u a call
this afternoon and I I think several members did and and particularly about Adam Road and my mechanic Rob's Auto has a big wide paved area. People pack in front of that. I look at the brains,
you know, and how they run their operation sitting right close to this to, you know, in both of those cases, there are neither trees or stone walls there. But but the concern is that would would
them repaving their parking lot affects, you know, would require us to to do something or or the the coffee shop, those kind of existing businesses that have um you know that that that have
movement in and out of the right way. I think we should make this if this bylaw goes to town meeting, we should make it perfectly clear that those things are not affected by this bylaw
that, you know, it it's only taking down things primarily stone walls. And we we think of of of some of the the streets in which they are really bound and characterized.
I live on drift road and drip road has stone walls along most of its boundaries. We were all old farms along the along the river and and the horse neck road has beautiful cutstone walls in its lower
cap. What we're trying to do is to make sure that that someone doesn't come in and build something on their property, which they have the right to do. But in doing that, they tear down those walls
to gain access or to to increase their view of the water. If it's a tree in the public way or a stone wall in the public way, that would require a permit. So that's that was the
the purpose and that was the the threshold that we tried to set. >> Um my question would be on the stone walls since like many of these are boundary walls. >> So like when you have a neighbor and I'm assuming it's the same with the town. If
it's in a public way the owner and it's a boundary wall then the town and the owner own it. So, you need both people already to remove the wall or repair the wall or whatever. So, I mean, I don't see the [clears throat] need for that. If the wall's completely on the town
property, then it's the town floor and they could say you could keep it there. You don't have to negotiate off. It's all the way on the on the homeowner's property. It's it's the same. Um, so I I don't know about the stone walls where there's a need for that. Um I just I
mean typically who takes care of the in front of your property the grass >> you know like we opening this up and now we're going to highway is going to have to cut all the grasses going down the road >> I don't think that's part of the
>> I'm just seeing what's going to happen >> and for instance um I've seen people who have been putting new stone walls like 5 ft off the road. That's filling in the town right away. >> Well, that's obviously not they don't have a right to do that.
>> I don't think anybody's complaining about that. Um if you take for example Sil Road from Address Road, uh the home the owner of that came and took all the stone all the
way for a long big stretch of saw as it leaves Adam. Uh and while it wasn't a pristine looking stone wall, it was basically a rubble wall. um it changes the whole character there.
And secondly, um you know, I know that Chris was involved. I think they called and asked if it's okay and he said yes. The question to me also is it's one of the worst snow drift places
that I encounter on my regular daily. And I'm sure Chris has been there multiple times clearing that from wind blowing snow because there's no walls. There's nothing to stop it. There's no bushes.
There's no walls. It goes right on the road. And to me, that takes away the character that area has. Some people may like it. It's clean. It's neat, but still it
takes away from what it looked like before, which was an old farm, and now it's a new farm with no walls at all, no fence, no nothing. Um, I mean,
if you continue that all around town, you'd get rid of half the stone walls of town. And I don't think that's a good idea. No, I mean I I've built I've I've built thousands of feet of stone walls on my own property. I I like stone walls. Um I'm just saying that if it's a
boundary wall, I mean I don't I don't see the need for the bylaw. If it's if it's on town property, it's the town responsibility. If it's on private property, I mean I think you think that the difference is that if it's in front of your place, you think
it's yours, right? So you might >> if it's a boundary wall, it's both. It depends where it is. Where's the layout of the road? >> You might take it away even though it's on the town property. And I think that's that's >> Well, if it's on the town property, then that's that's an issue with the with the
building perspective. It's only enforcement. >> He doesn't have anything to go by right now. So, but what what I would like I would like to ask a question is if for the bylaw
I have a lot and I want to build a house and I want to put a driveway but to do that I got to go through the wall. Do I need to get permission to do that? >> You do. Yep. Under the the definition repair, maintenance, reconstruction, or paving work. um a new private driveway
within the right of way that disturbs a stone wall or a tree of three inches in diameter, four feet above the ground, that would trigger a public hearing. >> And if I want to put a driveway in and not cut a a big tree and not cut not go
through a stone wall, I don't need to do that. >> That's correct. I just want to um also add well reiterate that a as Mr. Bullard said as for saying this applies to
trees and stone walls only. Um like Mr. the Daylor. I had a call from Rob's garage and I was pleasantly surprised that he was not informing me of the cost to repair my 24 year old
Jeep. Uh but he would he had the same concerns that he reiterated to you, Bob. Um, and beside the concern about could he do anything, you know, would was his sign going to be affected, was his
parking along the street going to be affected again um because they had nothing to do with stone walls or trees. Obviously, they're not affected. But I think another key um
issue here is that we we should make a diagram of a typical you know road section so that people understand what is the public uh right ofway because public right the
roaded the actual paved roaded sits within that right of way and it can vary a a little bit from it's not dead center. And so it's important um if you're considering that you have a you
have a lot on on you want to cut through a stone wall, it may or may not be in that public way. You need to get that verified [clears throat] by a by a surveyor because uh there are many stone walls which are actually outside of the
the public way and uh you know we have a certain we have a prescribed typical width and uh and the roaded takes up a certain amount and there's there's I think some misconception that there might be 15 feet or 20 feet of uh you
know into their where the pavement ends, the edge of the pavement into someone's property, it doesn't go that far. So, I think do do you think if we had with this presentation, we had a cross-section
drawn so people know how wide a typical town lightway is. And uh that could help alleviate some people's fears that their property or their wall or the trees uh
may or may not be on that right away. >> How much would that be? What the center of the pavement? >> So it's we'll get to that. So, um I think typically if you measure 20 ft
from the center of the road towards your property, it's a rough estimate of where the road weight of the right of way is. The road may be 20 ft wide, maybe 16 ft, maybe 22 or 24,
but if you go in most cases, the rightway is 40t wide. In some special cases, it may be 50 ft wide, but it is a general thing on the major part of our small roads around
here, it's 40 ft. So the middle of that is uh 20 ft and you go 20 ft from the center towards your property and it could be 8 ft of town property beyond the pavement
or 10 or six. It really depends on how big the road is. >> Mr. Chair Chris. >> Um, one of my concerns with that is cuz when these roads, a lot of them are laid out like yet, you know, typically they're going to laid out it's going to be a 50ft [clears throat] layout. It's going to be a 40ft layout. Um, you know,
the new subdivisions that we do now, I mean, typically, um, I know things have been changing and downsizing the asphalt, but, you know, they were, you know, 50 foot or 40 foot layouts with 26 foot of pavement, backup burn, backup burn. um some of these roads when they were laid out and they were constructed,
you know, was a cop path and the layout the roads all the way to one side of the layout. So again, it still falls into the same thing as is some of the people the walls might belong all to the town, but I think on a typical cross-section of a 40ft layout road, it's not supposed to include include a stone wall. It's
supposed to be able to to maintain the side of it. So, I think most of these stone walls that would want to preserve would be on personal property. Um, and I and I know of a situation just before I got on the board where a person was in a subdivision that was unac wasn't
accepted at this at the time and it was a hammerhead and he actually constructed a wall and the hammerhead will service this road service two house lots and they actually made him come down and take the wall down because it was it was
built in the in the town layout. So, I mean I mean a typical town layout doesn't really include a stone wall because it's supposed to be clearance for the roadway and and I understand this is an old you know like we said cop paths that sometimes were laid out by the highway surveyor back in the day. Um
so I I I think a lot of this stuff is going to be all individual and I kind of think the protection is there already to certain stone walls if it's a boundary wall you need to deal with it with the neighbor. I think you're right. And as an example, uh, East Beach Road, I don't
know if anybody's here in East Beach, but the pave surface has migrated to the north edge of the rightway as they've gotten inundated by storms. So, in that case, the center of the road uh is way
on one side and the edge of the road is actually on the edge of the rightway on the north side of that road. in most areas and the the rightway I think Chris can tell
us that it isn't always right in the middle. It's >> speak. >> Do you want to open the floor for public comment? >> Yeah. Well, Chris is >> okay. We'll >> let Chris
go from the highway. >> Um, just over this passway, sir. >> You're stand audo. I'm the highway surveyor. Just this past winter and spring, we have 20 trees that need to be taken down. They're dangerous
to the public. They're in the right away. That's just a little of what we do. I just don't understand why you're restricting the highway department for general maintenance, um, tree wardens. I mean, there's there's so much stuff that's going on right now that that
really restricts what we can do at the highway department. I mean, I have pictures here of stone walls that we we built on Brain Point Road that that needed to get done. It's it's it's in the town layout. We did some work for
the fire department for a uh a water to suck some water out of a stream. So if they have a fire, they can just quickly get down there, connect to it, and put out fires. So we never tore down a stone wall at the
highway department. We built stone walls. We encourage people who leave stone walls. We I have my guys go out on the mower to cut to the stone walls to expose them because a lot of them are hidden. I personally don't like this bylaw because it restricts the highway
department and everything we do. Um, and that that's what I feel. Can >> you can you explain what I don't understand is how do you how do you think it constricts what you want to do? Because if there's a a safety hazard with a tree,
go for it. You don't have to get permission. So, for instance, >> there's dead trees. >> If you want to trim a tree >> on, we have that mower that we have, and there are some trees that are 4 in and 5 in that we do tear down. They they cut
them down. Um, we have a gentleman on Adamsville Road, a matter of fact, that has a tree that's dangerous to to the public. It's an old tree. It's a very big tree, and he asked me to cut it. It's in the road layout, and the tree is probably 200 years old. I haven't done
it yet. But with this bylaw, I'll have to come in front of the planting board for every tree, every maintenance thing that I do in town. Um, people are going to have to get a surveyor to survey their walls and know where the property lines are. That's going to cost people money to for
that. And I think we should our department should be here to serve the people and see what they need. That's that's my opinion. I'm not a very good speaker. I'm not very good at at THIS STUFF, BUT [applause] MICHAEL, YOU WANT to talk about what he
said? What what part of what he does would that have to come before? >> What part of what Christa? So, if if there were a you know, the town's building any new driveways or something like that, that would need to come before the planning board. If there's
any sort of um utility work on the side of the road, that potentially would need to come to the board. There are exceptions such as, as you had noted, um emergency conditions. Um if there are ever any
emergency conditions, the highway department could take care of those trees as could private property owners. Um and then dead trees or trees determined to be hazard um by the tree warden
would uh be able to come down as well. >> Another question on this section five in the planning board public hearing and actions. Um it says here even at paving work I would have to come in front of the planning board. So I'd have to ask your permission to do
paving also >> if it affected the tree or a stone wall. If it's if it's in the vicinity y of it then that's okay. >> Yeah. >> But I think if you're you know you're having to move a section of a stone wall then it would be subject to a public
hearing as as this is written. >> So I would have to come in front of you. Let's say the stone walls in the roadway layout. It's somebody's in front of their property and we do have to widen the road maybe a foot or so. I moved the stone wall. I would have to come and ask permission. We build a wall. >> That's correct. Yes.
>> One other thing, Chris. >> Yes. >> You mentioned the I can't remember the number you had of of a list of trees. >> Yes. >> But that's town wide, right? That list. >> Yes. Whereas the scenic roads, now I'm sure some of those are on.
>> Oh, sure. Yep. >> But some of them aren't. This only pertains to the roads that are named. And the list that's up there now is a draft list. And it's quite possible that
some of those roads will be deleted if this goes through the process that Michael talked about of the select board public hearing and then town meeting that there may be amendments to delete this road or that road. But it's not
every stone wall or tree in Westport. It's the ones on the named scenic road. >> Okay. Well, pretty much half of Westport south side is going to be a scenic road. Yeah. >> I I mean it's just I mean [applause] I I just you know I've been here a
little bit and we maintain the road the best we can. I mean we have a a fireman that's retired that even helps us out and you know I don't know why it's so difficult to get things done in town. All these departments are kind of overreaching for
power. I mean I mean just [applause] you know there's a saying that Jack Sison said got us the soul. He said if it ain't broke don't fix it. And you know what I'm just trying to get a job done take care of the people in town. I don't take
any stone walls down. I don't I don't want the town to change in any way cuz that's why I moved here. I like the character of the town and I personally and my department do not destruct or tear down tree uh trees that don't need to walls that we don't do that and if anyone does it
I really don't see anyone if it's on private property I mean they have a right to do what they want with their property. YES. [applause] >> SO, I would like to agree with Chris that if it's on private property, this has no effect at all. Whether it's on
the scenic road or not, if it's on private property, it's up to you. And >> Chris says that he he doesn't take stone walls down. So that part of this bylaw doesn't affect him. And uh I know Chris
is under a lot of pressure because we severely underfund his his section. Um and we shouldn't. But we're not here. I wish we could increase his budget, but we we can't at this.
So uh I'd like to open it up to the to the public now. Um and one by one story questions or anything come up to the podium only >> and identify yourself.
>> Yes, please state your your name and address before speaking. Um particularly and say it towards Naen at this side of this the room so she can hear you cuz she's taking her minutes. >> Sure. I'm gonna come right near you. Get
close. Hi, Naen. I think that's you. Uh, my name is Kristen Batello Prior. I was born in this town. Uh, I'm just going to >> your address, please. >> Excuse me. >> Your address? >> Uh, my public address to everyone. Sure.
434 Pine Hill Road. >> You can come visit if you'd like. Um, I first will find this a little bit ironic. So, I've respectfully listened to everyone on this board. I sat here and listened though to someone read off
some of the roads that you all are deeming as historic or beautiful. Some of those roads weren't even pronounced correctly. So, if you don't know how to say Charlotte White Road, I don't really want to know what your opinion is.
>> Is right. >> Yes. But does anyone in town actually say that anymore? No, >> we have one speaker at a time. >> Thank you. No one in town that goes to Lee's or goes to partners is calling it charlotty route route anymore. Um, so
let's go back to this though. We stood here and we started with a pledge of allegiance, right? The pledge of allegiance highlights freedom and unity uh and the rights that we have. Yet, I'm standing here talking about having less rights and less freedoms in
our own town, our own little small town that we all love. You're going to penalize the people of the town that have homes on the roads that you all have deemed beautiful. And subjectively, you think they look historic or rural looking, but the rural
character was created by the people in this room. The rural character was created by their families and generations of living on this land. We created and made it up because we're part of a community. Um, and it didn't just happen on its own. It's through these people, not anyone dictating it to
happen. The beauty of the town is what we've created without anyone's approval. So, the fact that now these roads made up of what you deem beautiful and some aren't beautiful enough, uh, and our families before us have put this work in now will have stipulations at all and
need anyone's approval. No matter if it's 15 ft or 20 ft or it's from the middle of the road or the edge of the road, doesn't really matter. What we have to say is that it's our property and it's our town and we're not getting any concessions. Manny's not going to cut our grass, although we would love it. um we're not going to get any
reprieve on our taxes and instead we're just going to get bureaucracy in a town that's not known for that. This is completely against what I believe our town culture is. The reason why I moved back here after years of schooling to raise my family here because I love this town. I love what it stands for. It
doesn't stand for red tape and people telling us what to do. There's so many farms on these roads that they're not going to want to go in front of you if they want to cut down a tree. This is our community. This is a quick way though. If you all want to break trust
in our community, this is a quick way to do it because it starts with walls. It starts with 15 or 20 ft. It starts with trees and it's a gateway to control at least in the actual community feel and the credibility of our town and the
trust that we have in all of you as our officials. Uh, it's a quick way for families that have lived here for generations, especially young ones, to leave and find other ways to find freedom and not red tape. [applause]
>> Anybody else? Yep. >> My name is Karen Gonzalz. I've lived on Horseneck Road for 71 years. My grandfather bought this land in 1920 and I've been here a long time. Um, first of all, I want to applaud everybody. This town is beautiful and we've made it that
way. I don't think that we need to be micromanaged in order to do that. We've done a pretty good job remaining a good character in this town. Secondly, well, for many things, when you go Google the right of way in the state of Massachusetts, it says 10 to 20 feet
from the edge of the pavement. So, before any of this is passed, you have to be very definitive as to what the right away is. Okay? It can't be well maybe from the center of the line. Nope. 10 to 20 feet from the edge of the pavement. That's what it says.
Secondly, you said this is only about trees and stone walls. That right there says repair, maintenance, reconstruction or paving work. So, does that mean sealing my driveway? I got to get I have to have a hearing and I have to what advertising the paper, which is about 70
bucks, by the way, everybody, just for the newspaper ad. So, how does that how are you telling me that that's not to do with my driveway when I can read it right there? Okay. Uh and also will the town meeting be the final say on this?
You all probably remember the animal uh thing with the a few years ago we voted at town meeting and what happened? The state overrode our vote. Will our vote be a final vote or is that going to be overrid also? Um also if you look at how many scenic
roads there are in Massachusetts, there's almost freaking none. Okay? They either have a view of like I don't know the ocean quabbin reservoir a historic like battlefields and conquered do you actually think that division road has scenic it it's you can't see anything
you can smell the ocean [laughter] you can smell the ocean right but honestly this is not what this designation was for first of all uh let me say uh and also suppose somebody wants to clear the stone wall I mean I have a lot of
stone phone walls on my property and we maintain it, you know, diligently. It's a lot of work. Suppose my neighbor says, you know, I'd like to clear their wall. You, Mr. Bullet, said 3 in in diameter for a tree. You know how tiny a tree that is? So, if you want to cut your
tree down to make your stone wall nice and it's 3 in in diameter, you're talking about a really tiny tree in order to maintain your own property. Okay? So, I don't see anybody in town getting rid of the stone walls. Uh, I had somebody go through my wall about 10 years ago. The car went right through
it. So, what do I have to do to fix it? Do I have to come to you and say, "Gee whiz, uh, somebody went through my wall. Wow. We got to have appeals process and advertise it. How does that work? There's too many variables here." Okay. So, before you propose all this, it's got to be honed down a little bit. It's not a bad thing. Westport's beautiful
and we might need regulations, but this is so heavy-handed really. So, that's about it. [applause] THIS PERSON. I can't see the person. I see the hand. >> Yeah, you I'm behind the podium. >> Hi, Patricia Ganon. I'm speaking for and
with the family from 601 Old Harbor Road. Um, we've got quite a bit of land and we're in between Mullen and and Howland and along that route of Old Harbor, we have
all Stonewall that's been there who knows how many years. Um, part of that section was called Smuggler's Road. It went all the way down to the beach at one point and they came through our property and off.
Uh stones are missing from that wall that's along Old Harbor. We've noticed, you know, people have pilt for it. The utility company has knocked down part of it by one of the telephone poles that they wanted to replace. That has all
been destroyed down. Do I will we need to come here for a permit to repair that wall? Right. >> I'm constantly repairing our walls. We have deer and whatnot coming through
knocking down my entire rock garden almost every single day. They can move rocks and people have been moving them. So, I would have to come for a permit to do that. Only one very small section. I have a tenth of a mile long driveway. You can't
even see anything except the beginning of the driveway from Old Harbor Road. You can't see my house from Old Harbor Road because it's all tucked behind. So, I would have to come here for a permit in order to get clamshells maybe dumped
on my driveway. Again, I know I' I've had product problems with FedEx who would not come up my driveway to deliver packages. They were leaving them at the road because they told me that we had a gate going across the
driveway. I said, "Oh, is that next to the guard shack?" Because I don't remember putting that in either. But this is the problem we have with trucks coming down that road. I have 1
foot deep ruts after they had replaced all the utility poles for the phones on Old Harbor Road because I had them coming into my driveway turning their trucks around. I had half one foot deep
ruts in the mud. So now I have to get more dirt and drop that in to level my driveway off because all it's doing is ripping out the undercarriage of the cars. So, I would need that. I would have to come for a permit for
that. But you can't see that part of my driveway. All you're seeing is my beginning part of my driveway. So, the beginning part of my driveway, that's gravel. If I want to add more gravel, I have to ask for a permit. You know, within if you're saying that
this right of way is 20 in from the center, you're you're now at my stone wall. You're now in the middle of Simon Brook, which is on my property. You're You've now gone over the guard rail that's
there. That's metal and not wooden on the scenic byway. You know, this is my problem with it. You know, we're trying to maintain and keep things well along along the roads. I don't want
more traffic on that road. We have enough trucks going down that road, you know. Now it's it's like you have to shuffle around, you know, let this car pass so that you can go around and get get this way.
And the next storm that comes through, we'll have another 30 trees down across, you know, but the trees aren't my concern because whatever falls in Old Harbor Road, the town's going to have to take care of that. Whatever falls on my property, we take
care of that. But for for my walls, I want to be able to take care of them. I don't want to have to ask permission to add a rock or take away a rock or move a boulder from the middle of my yard down to the beginning of my driveway.
You know, that's my that's my main concern. Thank you. [applause] >> [applause] >> Somebody else Bob Carri uh Horsene Neck Road 702 Horse Neck. [clears throat] I agree with the previous speaker. I've got stonewall
issues, [clears throat] but I got confused when I was reading the definitions. So, I was wondering if maybe you could clarify something. In the definitions, it says that the
um right away is it. The boundary of the scenic road shall be the right ofway line of such road and shall include anything touching or located on the rightway line.
So that's that's section three in the definitions. So well first off I would assume that you guys all know what the rightaways are for every road that you have listed. So somewhere in the town the layout for
every one of these road is you have right >> I think we had it for both >> of them we had okay so if I'm doing something within the rightway in my case
I have a stone wall it abuts the layout line of the roadway but the stone walls on my property so I'm not working within the rightway, but my wall touches it. So, you've confiscated that and you've
said that now it's within the rightway because it touches it, which it's my wall. So, it's it's it's not it's not the town's, it's the private property owner's wall.
And I have the same situation. I have stones fall off, I have to pick them up. This says I'd have to get it surveyed. It's It's your bylaw. If I have a problem with it, the town should have to survey it to prove that
the wall is within the layout and then pay for it and whatever else is required. I don't know why you would push that onto a homeowner that wants to I have to pave my driveway. So, I'm going to pave up to the edge of the existing asphalt. So, I have to contact
the planning board. I have to advertise, pay for advertising, all for repaving broken asphalt that's already there down the road. These things are all meant to be good and they're, you know, some good ideas,
but I can see these things expanding 5 years, 10 years from now. Someone says, you know, these are scenic roadways and I don't like asphalt. They should have the aprons made out of cobblestone just because that would look nicer. And
then all of a sudden the $300 apron at the beginning of the driveway now is 2500 or 3,000 bucks because you guys aren't here. It's somebody else and that's the way they'd like to see it. So they always expand. They grow. The
bylaws always grow. When I started doing stuff in this town, I think it was about nine pages. I think we're on 280 pages now. So, it just keeps growing. So, anyway, so I just Is it within the
layout of the roadway or is it it if it's touching the layout, it's subject to the regulation. >> So, if your neighbor's wall touches your property.
Is it his or yours? >> Shed >> share. >> I would assume if it's going to end on the property line, right? >> If it is the property, right? >> Yep. >> Isn't that the same with the town? >> Well, then you should share in the cost.
[laughter] >> If if you want to go that way, Jim, then you should share in the cost. Provide the survey work. And if something has to be repaired, provide some of that also. So it's like, you know, there's no give or take yet.
>> So I I would like to ask Michael a few questions about how he interprets this pile. uh with the previous speaker um if she wanted to take stones that had fallen down because deer hit them or the
utility company removed them. Does she have to come before us? >> We do not. Um under Mass General Law 40 section 15C, it enumerates what one would have to do um to you're making any
modifications. I don't want to say any modifications. If you're removing or deconstructing a stone wall or a tree, cutting down a tree, um then you could be required to have a public hearing. Um some municipalities do it differently.
Trees don't apply. Some municipalities stone laws don't apply. So, there are different ways to do it. >> Um but if you're It only applies to deconstruction of those amenities. It doesn't >> or
>> That's correct. And so and so yes, I guess that's the answer to your question, >> Mr. Chairman. Section 551, >> a public hearing is required when any repair, maintenance, reconstruction, or paving work to be done within the
scenic. [applause] So what it's saying is that if you are doing this kind of work that will involve the cutting or removing of trees or tearing down the stone walls, then the public hearing applies. If you're
doing any sort of repair or paving of your driveway, this bylaw does not apply unless a tree that meets the criteria of the bylaw, which the size is something that can be changed as well. Um, or if
you're removing a stone wall. >> I have a question. >> Can I give you an example? Would that be helpful? >> Excuse me. We're having a discussion here one person at a time and it really doesn't help that everybody stops at one. >> So just just an example. So I'm not a
very good driver. I've hit everything. I mean with my truck. So the entrance way of my driveway is fairly narrow and there's pretty goodized stones on either side. I need to widen it up or I'll be buying a new car every couple of
years because that's how bad I It's just It's like 10 feet. If it's If it's 10 feet, it's it's probably not even. So, if I take a couple of these stones out to widen it up to maybe make it 12 feet, where would that fall?
>> The So, if it's if it's within the road rightway, then the board you'd have to submit an application with the board. >> It's not in the rightway. It's touching the rightway because I've had my property surveyed so I don't what's >> Yeah, I understand. >> But it is abuing
the way this is is written is that if it's touching the public hearing portion would would apply. >> So it doesn't seem like a little bit of an overreach. >> We have yet I'm just asking. I'm just bringing stuff up. It's just common sense sort of
stuff, you know. I don't don't get me wrong. I live in a nice part of town right now. It's pretty nice to look over the stone walls and see the sunset over the farm field and everything. Um, it'd be nice if that stays like that for a long time. It's not my property. I have
no say over what gets done there. So, I'm not I'm not critical of this what you're trying to do. I think that a lot of refining or at least some refining should be done so it doesn't become just a burden on people that own property along these roadsways. That's all.
>> Common sense. Thank you. >> YOU BET. >> [applause] >> HI, CARLY SAMSON. Sodom Road. Um, be patient with me. I'm not good at this either. [laughter] Uh, somebody had mentioned about the drifts on the edge of Sodom Road. I've
been living here for 36 years. my husband his entire life. And that has always drifted, stonewall or no stonewall. And the greatest thing they could have ever done for this town was take that stonewall down because when you come around that corner now and you
see that beautiful open field, you want to talk about scenic. I have people that come to my shop and they say how much they love that open space. >> You know, this bylaw is just another way to try to control, direct, and take over. We are not children. We do not
need to be micromanaged. We do not need to be told how to take care of our land or anything like that. These people, we love our land. We want the very best for it. We're not going to take down something if it doesn't need to be taken down. Okay? If a stone wall needs to be
repaired, we want to just be able to repair it like my husband's getting ready to do with our stone wall because nature is a funny thing. It has a way of knocking walls down. There's another wall on stone on Sodom Road. I would love to see that road wall taken out and
maybe rebuilt, but to have government because you are government and I'm a veteran, okay? To have government come in and tell us how we are to live our lives and to put in a bylaw where some neighbor can move in and say, "Oh,
that's near the road. They have to have that checked and we got to take money out of our pockets to have it inspect it and everything else. And then you say, "Oh, no. You can't do that because it's on town property." The highway department has more than
enough on their plate. They do not need to have more put on their plate. One of my neighbors, out of the grace of God, they had made an agreement that he would maintain the grass strips on that part of Sodom Road. and he's been doing it
ever since and he does a beautiful job which one saves the town a lot of money. Gives him time to go take care of other things that really need attention. To me, this is just another form of
control trying to tell us how to live our lives. We live in a free country. We don't need government to tell us what we can and cannot do. Enough is enough. This bylaw is just, excuse me, no disrespect, a bunch of BS. It's just
somebody trying to tell us what we can and cannot do. And there's an old saying, the more you try to control it, the more out of control it becomes. And I'll leave it at that. [applause] >> Anybody next? >> I just have a question. Um, how scenic
designation affect our taxes? >> It doesn't. >> It doesn't. >> Okay. Well, we should get a tax break, >> right? You should get a tax break if you're going to put another CO. [laughter] [clears throat] >> Uh Randall Richard, Horsene Neck Road.
So, Commissioner, I guess Commissioner Manuel, you said something before which I wrote down which you said, I think the protections are already in there, but I didn't quite hear everything you said. Could you say all that again?
>> What what I was saying is is um that they're basically boundary walls. I mean, that that layout of the roadway is supposed to be the reason they laid the roadway up there is for clear line of sight. And I think we we might they might the board might have got a little
confused and say when you put a new lot, you know, we've had these problems and they just blow the wall out where it's supposed to be. Don't take care of drainage and stuff like that. But in my opinion, >> this scenic, by the way, I don't think we need it. >> Do we need maybe a cup permit for
new construction? >> Yes. >> But as far as what's existing there and it's in the layout, yeah. Okay. It might be in the town's property, might be belong to the town, but that might might also be a hazard. You know, we just had that situation with a subdivision on
Drift Road with a line of sight. You know, if you go and look at Mass Highway and the Mass Highway curb cup, you're supposed to be able to see down the roads a certain amount. Now, if we're going to try to save a 3-in tree in the line of sight when you're pulling out your driveway and you can't see a couple
hundred feet down the road, that might be a problem, too. So, I just think we're getting a little confused. And I mean, people Looks like they're trying to restrict looking into your property that they want to see the view of whatever's on [snorts] the other side. >> My next question for
>> Oh, thanks very much. >> Just my opinion. >> Mhm. I like hearing it again. Helps me. Uh my next question is from would someone on the board or one of the staff people or maybe both answer this question. What is
the most important complaint that this is trying to solve? the >> I think that it is an effort to preserve what everybody wants about Westport.
Now, maybe it isn't the way to do it. I don't know. It isn't past town meetings but I think uh this is an effort to preserve what we have in terms of character and rural
the rural character. >> Okay. Well, that statement is a statement about the solution. The solution to this problem is let's preserve what we have. What is the problem? Well, I'll take a a crack at it. Um,
I think we were all aware when we heard a lot of complaints from some people on Drift Road that the state had come in uh meeting near state standards and put the steel guard rails
uh down the roads for public safety. and how that in the opinion of the complainers made it harder for people to walk on drift road, made it harder for bicycles, and it was done in the name of public safety. But they said, "Now you can't
see the stone walls. Now, you know, we're looking at what doesn't fit with the character of Westport. uh these uh corrugated uh Chris has got the right name for how they're built, but you know what I'm talking about. And
so, uh, we said, well, here are some people who are upset because the scenic beauty of the road that they drive on every day to get to their house has been um
defiled by well-meaning state engineers who are saying public safety requires we put this uh in. And I think the select board decided a while ago not to have such uh rails because of the
inconsistency uh they had with the character of Westport. So uh improvements that the state was going to pay for are not being accepted because they said it really is interfering. So
>> [clears throat] >> uh we said well people value the existing condition of roads like drift road which have been here which everyone here is right have been created by the people in Westport over hundreds
of years and we said I wonder if there is a way to protect what people clearly value which is uh what these roads look
And uh so we asked Michael to see is there anything like that and he said well there is a state law about scenic roads that provides some protection. Now, the ironic part is it doesn't apply
to, you know, building uh those guard rails. That was the original complaint. But what you asked, was there a complaint? And I'm saying to the best of my recollection, it was provoked when we heard this
outcry of people saying, "We really value what these roads look like, the character, the trees, the old stone walls, and we don't like it when someone comes in and uh doesn't destroy it, but
harms that." That's what I think your question is. Was there a complaint? I think that's what got us thinking about is there a way because we think just as you've all evidenced that people really
care about the character of Westport and some of that is the river, some of that is the beaches, but some of that is also the stone walls, the trees, the 200-year-old trees along the roadways. And so it was how do we go about
protecting what the people of Westport clearly value? Now, uh it's quite possible that this uh uh proposed bylaw doesn't get at uh your original question
about what's the complaint, but the motivation was hearing people uh really angry about uh something that they value being taken away from them. Mhm. I think the way I hear that is that we
had a state imposed project that Westport accepted these guard rails that then the residents didn't like and I've driven by them too and I would agree. But this bylaw affects mostly or entirely the homeowners and
it's a restriction on homeowners more than it is certainly not on a state imposed project. So if the original complaint was like, well, we accepted a state project that then the uh neighborhood didn't like, the solution,
I would say, is not the scenic roads. The solution is something else, more specific, more targeted. So um [clears throat] >> let me let me uh raise one other thing and my experience [clears throat] is um
after you know you need regulations you you can't get them put in you have to try and think ahead that's what planning board is is how do we think ahead and I think all of us are realize that change is a part of reality but how do we
influence chain so that we preserve the character of Westport which begs the question well what contributes to the character of Westport and Stone Wall Street. So, uh, as you all know, the utility companies have been, I think,
uh, very sensitively trimming trees by utility lines. And they've done that because when branches fall on utility lines, people's power goes out. And so, they've said, "Let's go up and down the
roads and see if we can selectively uh, do that." I think they've done a good job. I think they have done the minimum necessary to protect those lines and they haven't willy-nilly gone cutting down trees. But you could
imagine, or at least I can imagine, having been familiar with government my whole life, that a utility company under different leadership might come in and say, you know, the easiest thing to do is just cut all the trees down. and then a road is doesn't you know takes a long
time to recover from that. Now again this law doesn't affect that and that is not a problem right now but can you imagine that at some point a utility company under different
leadership it might be a problem and then it would be something we complain about after the fact but then the damage is done. >> That's the motivation. Now >> you can say this this doesn't address
that. Fair enough. Okay. Um, so Michael, you're a staff person in the town. Um, okay. I guess my my next question was why now? I hear the drift road example doesn't sound too long ago. So I
think you mentioned uh Jim at the beginning of the meeting. You know, we've heard or maybe it was John, you know, for years and years we've heard complaints and things like that. Um but then somehow there's the question of well why is this happening now? And if drift road is the only example and
that's and one of you wants to chime in with complaint number two. Um this seems like overreach like someone else uh mentioned earlier like we're bringing in a boulder for something that we could handle with a hammer. Um,
and so for example, like if Rob's Auto had a wall and trees and he wanted to expand the parking lot out to the road, I could understand where we have a commercial enterprise wanting to change the layout that that would need all sorts of approvals and a whole process.
That would make sense to me. And uh but for homeowners to go through hoops, especially a hearing and all that kind of stuff and the and the cost seems like un unfair to me
[applause] just just to clarify a little bit on drift road. So when we get state funding, chapter 90 funding, we have to follow all the rules that the state pro provides us. That's why the guardrails there. you got a 15oot drop on both ends of that. There was no there was no
barrier. There was no protection of any road going off the road. Um when I did the project, state came down and they said, "Chris, you did absolutely what is correct." So going forward, let's say it's a a scenic route. Can I put guard rails up? If I use the state funding, do I have to come in
front of the board and have all these discussions? But um is that you we still have to follow the state's mandates on on how we use the funding. >> I don't think it pertains unless you're taking down stone walls or cutting trees. >> Okay. But but the guardrails are brought
up as an example of that's okay. I just wanted to I had a couple of comments. Um, several people have asked, well, if I have to put
um crush on my driveway, do I need to come to you under this if this bylaw were adopted? The answer is no. Um, if I wanted to repave the apron my driveway, do do I have to come before you? The
answer to that is no. Um, and I think there are things that we could there are a lot of things we could do in that first sentence. We could say repair, maintenance and reconstruction of paving work that results in removal
of stone walls or removal of trees. Then you know, oh, it's only those things that do these things. Then it's tricky. um when you you ask sir the uh the question of you know what's the
what's the problem we're trying to solve um and and I guess the problem we're trying to solve is is what um uh you when you elected us um asked us
to do which is to think about the town and the future Okay. So that's that's one this we have to do a lot of ministerial things in the planning board. There's approved plans and all that kind of stuff. We also um have to
every five years produce every 10 years produce a master plan and in and we did that and we did a midyear um a few years ago midyear update of the master plan and the first
and foremost thing that every person commented on was make sure that you preserve the character of the Now, it's it's not I have the highest respect for for people that have lived here for
years and built this town and built the walls, all of the stuff that attracted us here. I wasn't born here, but a long, long time ago. I may be one of the few people in this room that wrote out the 1938 hurricane
in my grandmother's house in the bedroom. So [clears throat and cough] I guess I when I get to be uh almost 80 years old, I ought to be wise enough to listen to good comments, which I do. And I also
took notes. So going back to one of the things that you the problem we're trying to solve was people asked us to protect the character of the town. Let's say someone flies in
and the town is really attractive and the billionaire comes in and he decides to buy a big chunk of land and he tears down all the walls cuz he doesn't like walls
and he tears down a thousand feet of you know think about certain areas. Think about lower Horses neck road and Omni Road and someone buys all of that,
you know, towns, great towns, beautiful. They can look out over the ocean. That person comes, he tears down all the wall. People say, "Jesus, and he builds, you know, she builds
a 12,000 square foot house. It can't happen. >> Yeah, those kind of things can happen. >> That's right. >> And in some places it is happening here. So when that happens,
what would I expect sitting here? You'd all come back. >> And what would you say? Why the hell didn't you guys do something about that? >> And and what this is, this is this may be flawed. This may not be a thing we
should do. We certainly got to do some editing. Maybe we exempt from [clears throat] highway departments, public works, and things like that. But this was an attempt just to avoid that kind of thing. Someone
comes in and really does something that changes what it feels like to drive on our >> road. Yeah. We the reason we ask you to go to the mic is is that because it's it's it's televised and broadcast. The people
at home can't hear you unless you're at the mic. Uh Taylor Martin, 315 Sodom Road. Uh you guys when people ask for why this is going on, you keep alluding to people calling in. There's been no petition
guard rails is the real reason the Stonewall on Sodom Road. You guys don't really want to talk about that much. Here and there you are. You're talking about the billionaire that came in and took that wall down. Um he did. He took the wall down. Uh was it on his property? Was it not? Chris gave him
permission. Sorry to throw you under the bus. I love you. Um, but this is a this is an internal town issue. You guys let the wall get taken down. It was a decision by Chris and that's over. I didn't want it to come down. I'm wrong. It looks great. Um,
that this all this doesn't need to be here because of that stone wall. And Manny has stated it the rules are there. The wall was probably that was probably on town property. You guys let it happen. That's over. Wall's gone. Get a tissue.
I don't know. Um, in Manny's, uh, Chris does have his hands tied here. He's got, how many flail m he got? >> Two. >> Two. He's got two flail mowers to do the whole town. >> He's got a 4-in tree in the way that slows a guy down. He has to come to you guys to get that tree cut down. The guy
needs to clip along. How many miles? >> 150 miles >> a day. 150 miles. Oh, the whole town. He's got 150 mi to do with two flail mowers. He's going to have to cut some trees down. A 3-in tree. How long does
that take to grow a sapling? Four years. I got,00 ft of stone walls in front of my property. I got 500 ft I want to clear. I'm not coming here. I am not coming here. What's the fine? How much a week? Is it a week? >> Uh, I got a day that said a week. I
probably got the wrong one, but I'll leave a credit card. Um, and then, okay, so I cut all these trees down. I knock the wall over. It's 300 a week or whatever till I get it fixed. Who decides it's fixed properly? How long do do the trees have to grow back? Is it 300 a week till the
trees grow back? There's a lot of loose ends here. I mean, um, it's really all I got. I just don't see this. You can edit it. You can do whatever you want. I think you should throw it all out. >> Amen. >> I think you should. [applause]
>> Is there one person here who wants it? >> No. >> We spoke. >> Are you listening? >> All right. I think uh I I really appreciate uh the comments we've heard today and and I was going to ask the
question that gentleman asked about is anyone here to speak in favor but you already answered that question. Um, I think uh we've gained a lot of understanding from your presentations
tonight and I hope you've gained some understanding about what motivated us to look at this which is uh an appreciation for the value of uh the roads in
Westport, the the walls, the trees, what we all love about it. And uh our motivation was uh how do we do what guides every decision we make here? And
we've got other decisions tonight if you want to hang around. We're here twice a week, twice a month. Uh you're welcome to attend any meetings. But I think as Michael Burus, our town planner, laid out, the procedure for this, it would be
uh if we supported it, then to recommend to the select board and if they wanted to have a public hearing, they would have a public hearing and then it would go to town meeting. Now, I've been in politics a long time and uh I do know
how to read a room and gauge votes. So, I I think that's really not going anywhere. And I we have asked our staff and you are all uh should feel very good
because we have an excellent planning staff in Westport. It's uh the best I've seen. Um and they put a lot of time in this and I I just don't see the reason
to continue uh taking your time, taking our time, taking staff time to develop something or modify something that I think is uh right now uh just not going
to go anywhere. for asking the select board to to go through another meeting like this which I don't think will uh change anyone's mind and I don't think it really uh uh is is likely to pass
town meetings. So I would uh if you're open to motions, Mr. Chair, uh move to table this uh indefinitely. So, uh, Michael, is that an appropriate thing for us to do here at this table?
We're there proponents, right? >> You can make whatever motion you want. I I would say if you're motioning to table it indefinitely, that's could potentially be >> considered an extremely long time. So, I would just mot you could just motion to
write or you could just motion to table the item. >> Yeah. And then >> we could motion to >> because in you know 50 years from now someone might want to >> well I think what's likely if if this will ever be considered it will be a
scenario like Bob Daylor talked about where somebody comes in and cuts down a lot of trees and removes a lot of stone walls and people say wow that's too bad that happened and can we do something about it but
that isn't the case right now. And uh you know, I hope it's never the case that that that happens. I hope people who are attracted to live in Westport are attracted to live here because they value the same things that we do, you know, which includes stone walls and trees. But
>> so I would move to table and you know, Robert's rules. That's not debatable. It just >> I second. >> Okay. So, all those in favor? All right. Thank you. [applause]
>> Thank you all for coming. We do have to make a comment. Um about 20 years ago, back of my property is uh backs up to Rhode Island. on my dipping my rare
stone wall is what I behind that we had a gentleman who wanted to take that land and develop it into multiple homes. So all of the neighbors got together
and the only way that we were able to stop that development besides coming up with our own we have 200y old stone walls. We have vernal pools. We have wetlands here. You can't build on them.
And the only way that we stop them was a couple of the neighbors chipped in by the way. That is the only way that you can stop somebody with money coming in.
They can do whatever they want. That's okay. >> Oh, yeah. >> Oh, okay. >> Okay. Let's let's advance. So, We have uh six proposed annual town meeting zoning amendments. This is a
public hearing and the first one is assessing dwelling unit which is an amendment or existing assess dwelling unit. >> Jim, we're not hearing you. >> We can't hear you.
Can somebody >> Mr. Mr. Chair, I move >> I move that we open the zoning amendment public hearing of February 10th, 2026. >> Second. >> Excuse me. >> All those in favor? >> I
>> Okay. Uh the first one is accessory dwelling units. Uh >> excuse me. The the door has to stay open. >> I'm sorry. >> It's a public Yeah, it's a public meeting. It has to stay open. >> If they're still out there talking, tell them to move out.
Okay. So, Michael. >> Okay. So, last year we submitted amendment amendments to the towns. It was called an accessory apartment bylaw um due to
changes and uh that this the state had adopted through the affordable homes act. And so we adopted this new accessory dwelling unit bylaw that was approved by the attorneys general office with revisions. And so the revision struck language from the town meeting
approved bylaw, but they didn't go into the bylaw and make changes for readability. So that's essentially what we're doing here. We're modifying one of the criteria where they struck some language to make it more readable, to make it make sense. Um, so this would be
modified to read, if an external staircase is needed to reach an attached accessory dwelling unit, the staircase must to the extent possible being enclosed and not change the general appearance of the principal dwelling. And then in criteria C, this was also
modified for readability. Also, we needed to change um a little bit to to the bylaw because it says to maintain the single family character of the neighborhood. But in the Affordable Homes Act, accessory dwelling units can
be accessory to any kind of dwelling unit. Uh duplexes, apartments, whatever. Um so we we needed to specify later in in that sentence that it's specifically in relation to a principal dwelling. Um, so to read it,
it says to maintain the character of the neighborhood to the extent possible, an attached ADU shall maintain the exterior appearance of the principal dwelling. Do >> you have any comments? >> I need the password for this thing.
They all the same. >> Mhm. Yeah. >> So, Michael, then these uh the the reds are the strikeouts and the blue the new language, right? >> That's correct. [cough] >> Do you need motions on every one of these as we go through them or >> I would like a motion just so I think
it's easier to do everything step by step instead of having one motion at the end. I would move that we approve the changes to the ADU >> 952 >> comments. All those in favor >> I had somebody in the audience.
>> Oh, I'm sorry. >> Sorry. >> I didn't see so quick. >> I just said >> tell Martin 315 on road. Um, so A is saying enclose a staircase. Is C saying if it's only three stairs and it matches the house, it doesn't need to be
enclosed or you were enclosing every staircase to every house, every you know accessory dwelling unit. So you might only have a staircase of three steps. >> It must be to Yeah, I mean to the extent possible. So the the building inspector would review it on a case-by case basis
and if it's determined not to really be feasible for like a three-step situation, >> then they would make that decision. And this also comes with the caveat that if the um attorney general's office finds that the town is is unreasonably using these provisions to restrict accessory
dwelling unit >> development, it could be reviewed by the attorney general's office and struck. So if it's an unfair application, >> um we'll get put on notice for >> seems to kind of address that if it matches the house
>> three steps, four steps or something. >> All right, that's it. Jim, I got one question on that. So, so this is like with two means of regress. You need two means of regress. So, suppose you you have like my house has a deck out back that's not enclosed.
>> Do we have that would be the character of the house? So, your back deck doesn't have to be stairway doesn't have to be enclosed. >> Yeah. >> That would be the building inspector's determination. principles the principal
uh entrance to the ADU. >> Okay. >> Yeah. I mean could we make that clarification though? >> This is access to the ADU. >> Yeah. >> Does your deck provide access to your >> my house? My No, I'm saying you're saying the unit. So I'm just looking at
what the building code would say. So now you're building a freestanding ADU and you have two means of egress and one of them is a deck out the you know some people have made garages underneath and they have a have a deck in the back of the house with stairways going out like I do in my house and I can understand
the one in the front but >> yeah it's just the the entrance to the the >> Okay. Well, maybe it should say then the principal access primary access. >> Well, the board already voted on it, so
you'd have to >> Do you want to amend? >> We can >> amend the motion. >> Sure. Second also I move that we amend the uh the reading of this or the wording of this
uh to say that if an external staircase is needed to reach the principle uh access to an accessory dwelling unit. So to reach the principle access to an
attached accessory drawing unit >> is that >> yes could could you change the word principle to primary because we're using principal also to uh modify dwelling and
I think primary entrance is kind of the same thing as principal say if if if an external staircase is needed to reach >> the primary access
>> to an attached accessory dwelling unit >> second all those in favor >> I Mr. chair that was in >> your second man. >> I just and I think in most cases it's
like that. The one I'm thinking of has a garage underneath and they go in sidewalk and the the entrance is enclosed upstairs but the back has a deck. >> Okay. Next building height definitions. >> Okay. Okay. So, the zoning bylaw has two definitions for height and we really
only need one. And the two definitions don't say the same thing. So, at the board's last meeting to discuss this, board decided to go with the first definition up here, which is the older one. The smaller one would be struck
from the zoning bylaw. Um and so this definition as amended is that the height is described as the vertical distance between the highest point of the roof and the average elevation of the naturally existing mean grade. The measurement is taken at the
corners of the building or structure prior to any excavation, leveling, grading or filling at the building foundation exclusive of chimneys, air shafts, ventilators, vents, lightning rods or similar items which may be the height required for proper operation or
use. Height applies to all buildings and/or structures. The building or structure shall remain in compliance with the height requirement after final grading. Now, we did need to add in another definition to the word
structure. The structure is defined in relation specifically to flood plane management. Um, but town council raised the issue of, well, you're not specifically describing what a structure is. So, to cover your bases, bring in a
a definition for structure. So that definition is anything constructed or erected except a boundary wall or fence the use of which which requires location on the ground or attachment to something on the ground um for the purposes of his bylaw buildings or structures.
>> So this is a general definition. >> Yes. >> Yes. >> It isn't just pertaining to the definition. >> I mean you're explaining it, >> right? So this is this it's it's to build on the height definition. Council
had flagged that if you don't define what a structure is, >> that could be left open to interpretation. So it's kind of a two-parter. We're changing the definition of the height, but then within that is a need to define a structure. >> So but the structure definition is
independent of this height discussion, >> right? So it's it would be across our whole zoning bylaw what a structure is. >> Yes. >> Okay. >> Could you explain the the problem that I'm solving here?
>> Well, originally the problem was that there are two definitions for height and the zoning bylaw. And so the issue is when the building inspector gets an application, which building height definition is he supposed to use?
>> And this is this is a common sense practical thing as well. Move approval. >> Second. >> Any more discussion? >> All in favor? >> I.
Next is dog cows. >> There was an act passed last year called I forget >> Ali's law. Yes. >> Um an act that increased kennel safety which changed kennel licensing requirements to five or more dogs. And
the way this is stated in our zoning bylaw is kind of with negatives where it's saying not more than four dogs but less than seven. um would require a special permit in the agriculture district or by right in the business
district. Um I think an easier way to think of it as opposed to what's in our our bylaw kind of in a more plain English way is that you can have up to four dogs without a permit. If you have five to six dogs, you need a kennel license um and potentially a special
permit in the agriculture district. and seven and beyond, you have to be located in the business district and be a commercial animal essentially. Um, so this is making the bylaw less restrictive or uh it's making it less restrictive. You're able to own more
dogs on your property under this change and we're creating a consistency from what the state requires licensing for down to what we might require a special permit for. are still by right in the business district. >> Yes, by right in the business district
for five or six dogs >> for five or six. >> And then seven is also still by right. There's no changes to that. There's just different levels in our Yeah. So, I just wanted to make sure I was acknowledging. I just have one question on that cuz I
had a personal issue with this. >> Um when I because I had four dogs and I was told I can only have three >> and then I said, "Well, I'm going to go for a kennel license and then they told me I had to pay $500 to go to the ZBA to get the permit. Is this going to eliminate?" Because I would have I would have went for the permit.
>> Mhm. >> Instead of breaking the law, but I didn't want to pay $500 to go to the ZVA to ask for a permit. >> This would if you have four dogs. Well, if you decide to get another dog from the three or you have four, >> I had two addresses, so it really wasn't the, you know, wasn't the case.
>> This would allow you to have up to four. And then if you get a fifth, then then the license kicks in only um if you're in the agriculture district, if you're in business, you're still fine. >> Yeah. So, so even if you're in agriculture district and you go for a
state permit for a kennel, you don't need this. Um, if you have five or six, you you need the special permit. >> Well, the state I'm I'm going for a state permit for kennel and I can I believe um I can have up to 20 dogs. So,
how does that affect that? >> Are you in the business district? >> No, I'm in agricultural. >> So, that wouldn't be allowed in the in the agriculture district. >> So, I can't get a state permit for 20 dogs in the agriculture district. >> That's correct. uh you have to if you have seven or more
dogs um then you have to be located. >> So this by going to eliminate a state regulation, a state permit for kennels. >> No, it's not eliminating any any state permitting. This is making the low end of things less less restrictive.
>> Okay. >> Um >> so I can still get that permit from the state for 20 dogs. It could potentially be a zoning violation if you operate that way. But I suppose >> that's not making any sense to me then. So you're taking the rights away from my farm to raise dogs.
>> Well, that's that's not the propo that is the existing town zoning bylaw. That wasn't something that was posted for this public hearing. I was just acknowledging that seven dogs or more is a a commercial kennel that has to be located in the
business district. Um, it's not something that is being proposed to change in here. >> So, a farm can't have commercial cattle. >> I I don't I don't know if that's really germanine to this bylaw change because we're just talking about changing from
three dogs to four. And that that's a separate thing that I I don't know the answer. >> By law says we can't be overly restricted by zoning. So, I would think I would interpret that a different way or and >> and that's that's fair. Um, that's some
I mean that's not my call. That would be the the building commissioner's call to determine whether or not there's a zoning violation there. >> Okay. >> I think it would be the agriculture commission because I think you have to put the adcom.
>> I I we we don't do enforcement in at the planning board so I I don't >> Okay. >> Okay. Do I have a motion to >> Yeah. >> move approval? >> Second. >> All those in favor? >> I >> flood plane regulations.
>> Some background on our flood plane regulations. The town participates in the National Flood Insurance Program, which provides federally backed flood insurance. um which is obviously important since we're a coastal town, but I think um some folks don't realize
that homeowner a typical homeowners insurance policy doesn't cover flood damage. So, it's doubly, you know, important that um people have access to this uh which is typically more affordable than finding private flood insurance. Um and the Department of
Conservation Resources, who is the state agency for administering the National Flood Insurance uh permit or program in the state, reviewed the town's bylaw for consistency with the mass model flood plan bylaw. And so we have to make these
updates for continued participation in the national flood insurance program. These amendments are are mostly minor. It's like proof reading and some references, but the language that is being proposed is what's specifically required by DCR.
Oh, and that's some of the background up here. So, we have to make a couple changes in our definition section. The definition for new construction is modified to read, new construction means
for flood plane management purposes structures for which the start of construction commenced on or after the effective date of the first flood plane management regulation ordinance or standard by the authority having jurisdiction including any subsequent
improvements to such structures. New construction includes work determined to be substantial improvement. Um and then it says reference standard ASCE24-14 which is uh so for you all um that is a design manual for construction in the
flood plane. And then the second definition is the deletion of a duplicate definition for special flood hazard area. Um so just a minor proof reading thing.
And then regarding the flood plane district boundaries, I won't read this entire thing, but um what it relates to is the establishment of the flood plane district boundaries. Um correcting the date to July 6, 2011, which is when
>> 21, you said? >> No, 2000 or two, sorry, 2021. um July 6, 2021, which is when the town last adopted updated flood maps. And in the notifications section, um
they had a strike specific addresses offices can move around. So just have a general reference to the offices for when we have to report data to FEMA and our um national flood insurance program coordinator.
in this section. Um, for the administration of the flood plane regulations, there were extra flood zones that were included in our bylaw. So, they had us remove the flood um the flood plane um the flood plane districts
that are not applicable to the town. So, it just struck out those two references. Um, same applies for floodway encroachment. There was an extra reference um in the in the the wording that spells out where this applies. Um,
then in the floodway regulations itself for um dealing with those types of encroachment. Um what this section is essentially saying is that encroachments in the floodway are prohibited unless a
hydraologic and hydraulic analysis is performed showing that the encroachment does not increase any flood levels and uh hydraulics hydraology studies the the uh volume of water and hydraulic studies the rate of flow. So just some
background in you know what those terms are. Um and that these kinds of studies are required for all encroachments in the flood plane including fail new construction substantial improvements and other development. So that's kind of
the plain language of what is up on this screen here. Um and that's it for the flood plane modifications. Move >> approval of flood plan regulations. second. >> Any comments?
>> I just want to comment that I think given what we've heard about the uh kind of concern over regulations and overregulations etc. Something's I don't know as as detailed as this or
this may be lost on I mean not that it's not a good idea but I just wonder how it plays in at a town meeting but here. Well, I think we I'm all in favor of it. >> I think part of the problem is that we
don't approve it. >> Yeah. >> You can't get flood insurance. >> Yeah. >> Well, then maybe we should bring that out. >> You definitely want to present. >> I have a quick question. >> Yes, sir. Yes, ma'am.
>> Um, can you define substantial improvement? Basically, >> could you identify yourself? >> Jessica Turner. >> I hate to make you get up, but >> people are definition.
>> No worries. Hi, Jessica Davis Road. Um, I would just like to see the beginning where it talks about a substantial improvement. Um, can you define what that means? >> I can pull that up. Give me one second. So as substantial improvement as any
reconstruction, rehabilitation, addition or other improvement of a structure that the cost equals or exceeds 50% of the structures [snorts] market value before the start of construction. to market value in the year that it's going to be constructed, >> right?
>> Okay. Thank you. >> And that's only if you're in a flood plane, too. If you're not in a flood plane, none of this applies. >> No, I appreciate that. I understand. >> Yeah, >> that [snorts] was a good question. Thank you. >> Okay. Um,
>> yeah. Next we have table. >> Yeah. >> I just got JVA. >> Yeah, I just >> Oh, not vote. >> Oh, sorry. >> So, >> all in favor? >> I
mean, it's on top of everything. Jesus. >> Okay. So, some revisions to the table of uses. um discussed I think at the last couple of meetings the board has discussed to add um two a couple different new uses to the table uses and
this will be tied into a a zoning map amendment but in the before we move on to that we're going to discuss just adding these uses to the table um cafes and mobile food vendors and so cafe is proposed to be defined as an establishment primarily
engaged in the sale of coffee and tea beverages and bakery goods is and a mobile food vendor as a food service operation permitted under the retail food code that is operated from a movable motor driven or propelled vehicle, portable structure or
watercraft that is able to change location. Um that definition comes straight from the state department of public health. And what we would be doing is making these some of these a little bit easier to do. So mobile food vendors aren't allowed anywhere in town.
And so we're adding this use to allow mobile food vendors as a byite in a commercial district. So what by right means is that there are no additional approvals from the planning board or zoning board of appeals. You just need to get whatever your typical permits would be that apply to this situation.
Um maybe electrical, maybe something from your board of health, things of that nature. And then cafes would be allowed uh with a site plan and commercial districts. And then we're also proposing to make retail a
standalone use. It's currently lumped into um wholesale bu it's here's how it's currently written in the bylaw. Wholesale b business or retail research laboratory service or public utility. And then it kind of goes on um a little
bit. But when we're talking about retail, we're talking about we're we're trying to give some degree um of scale between a wholesale business which is like Costco and like a little furniture
store like antique store or something like that to allow some you know difference in scale. Um so that would be allowed for by site plan. I move approval of definitions and use regulations in section five, three and
five. >> Second. >> All those in favor? I >> I >> buildings commercial district zoning and zoning map amendments. >> All right. So
where this is coming from is that the town has multiple small commercial areas that were historically Westport's kind of village centers um centers of commercial activity and over time they've been reszoned residential
agriculture and so I think the board hears that these are valued areas in the community people like to go to these businesses but the zoning can become an administr ative burden. When someone needs to, you know, change the use of
the building or expand onto the building or maybe even make some changes to the site plan, they might need to go and get a variance at the zoning board of appeals, which is an uncertain process and it adds expense and time and and so we we wanted to make it easier for small
businesses um and the spaces where they're located to evolve over time. Um and so in the background of all of this, we are working on a more comprehensive analysis of the town's village centers um like
the head of Westport and Adamsville that will do some community engagement for later on this year and hopefully for zoning articles and town meeting 2027. But in the in the meantime, we're just looking at the Adamsville area. And the reason why we're look just looking at the Adamsville area is that um there is
a business that's looking to expand here. Um, and there was a lot of uh public support for the expansion of the business a year ago, but the town zoning was did not allow for them to have that flexibility and it's been a barrier um
in that regard. And also at the same time in the Adamsville area, there have been a couple local businesses that have closed. And I've also heard that um the loss of these businesses has really been felt in the area. And we want to make sure our zoning is at least enabling
people to bring new activity to the area. Um and we've also met with little uh leadership in Little Compton and they were supportive of this as well. So that's where this bylaw amendment is coming from and it's also a zoning map
change. So the it's a very very small area at Adamsville Road or on Adamsville Road right at the border um of Rhode Island with Little Compton and it's this area outlined in um green. It's just five small parcels and the re oops
excuse me sorry >> so small I disappeared. >> [laughter] >> Um, and the reason why we selected these five parcels is because they reflect the historic village commercial activity um
on the Westport side of of Adamsville. So, these parcels include there's some offices, there's some retail, there's a coffee shop, um there's a parking lot, um there's a single family home that was once a a shop. I forget what kind of retail it was. I think it was a lamp
shop. Yeah, lamp shop. Um, so that's how we we narrowed it down just to these, you know, these five parcels. And so the regulations for this is that this is I think the best way to think about this without going over the entire
table of uses line by line is that this is an enhanced residential agriculture district. That that is what I started with as the baseline assumption for adding on um adding on commercial uses. So really the only thing that would
change from the residential agriculture district is that there will be a couple more uses allowed. Um by right would be mobile food vendor and then by site plan it would be offices, retail and cafe. The retail piece, this is why we
separated out the retail from the wholesale. um because we didn't want to reszone this area for retail and I don't think you'd ever see something as at the scale of a Costco down there but like we just want to make sure that you know something like that doesn't come to
pass. So retail and cafe by site plan and then um special permit would be a restaurant. And then in doing the analysis of this area, we have to make some adjustments to the the land size requirements. And so um to that's kind
of a a spatial match with what's present in the area. So it's a 75 ft of frontage, 30,000 square ft of area and 50% of upland. No other changes to the town bylaw. same sort of height restrictions, same setbacks.
Um, so yeah, those are those are the only changes in the in the bylaw. Um, so there's the map amendment and the the zoning bylaw. >> So is there a reason we have to require 30,000 square feet?
You have to get if you want to see reuse or allow for these parcels to change over time and be reused or be added on, you need to have the parcel size be kind of have a spatial have a match with
what's actually on the ground. So that's what these parcel sizes pretty much are are about 30,000 square feet. Now, you you'll note that some of these are split zone, like we didn't extend it all the way down to here. This is a split zone
right here. This parcel and this parcel um because you're getting a lot closer to the river and there's flood plane down there. >> And you're for the uses, you haven't allowed for the uh car mechanic is what
the the last one on the right >> corner is the garage. Um, do we need to do that? I mean, it's grandfathered now because it was existing way before zoning, but >> you don't have to. Um, it can still
continue to exist there. I guess the question is for the board, that's not something we had discussed in in previous meetings if you thought that that would be a desirable use in the in the area. If it is, that's something that could be added into the bylaw. Um, but it was I left it out because it
wasn't something that was discussed. It was kind of focused around this um kind of a smallcale food businesses, retail, art, boutiquey kind of uses.
>> Move approval of the village commercial zoning district changes >> and the um zoning map amendment. >> Yeah. and the map in the map and uh the regulations >> second
>> any comments questions >> yeah I sorry I don't want to be here but again just my thought was similar to Jim's about just thinking about this uh frontage requirement and the lot size
really looking at applying this to other parts of town if we really want to have You think of small villages, the buildings are literally next to each other. They they might have five or 10 feet between >> So,
>> yeah, this is not to say this won't be revisited in the future. We just wanted to get we haven't had any public engagement for this yet, and we didn't want to um there are some needs in the area that we would like to address
sooner rather than later. Um but and we didn't want to bring this to town meeting without having we didn't want to bring a full bylaw that was a little bit undercooked in terms of public engagement. We didn't want to do something like that. We just
wanted to change some things at the margins to try to help um the situation over in Adamsville and the way that we can through zoning. Um that will be something that will be part of the conversation later on. But if we were to go to, I don't know, a 10,000 square
foot lots, I don't think that's something that I would really feel comfortable bringing to town meeting without further public engagement to see if people wanted that. >> Okay. So, really pertaining to this this particular area and as long as >> yeah,
>> we again at the presentation at the town meeting explain that. Yeah, it'll be a it'll be a consideration in the future and we'll be doing, like I said, be doing public engagement over the next year to look at other village centers in
town. >> All those in favor? >> I want Taylor, 315 Z. Um, this is just never zoned commercial. So, you're making a village commercial zoning district to help the people out. Is that what's
going on? >> I It was reszoned residential agriculture. I I can't say for sure that it was never commercial, but So, anyways, >> it hasn't been commercial for >> this village commercial zoning district. This is the first one in town. >> Yeah. >> And I I I can't say you can do a cookie
cutter one like he's saying. There's some villages at a 10,000 square ft. This one isn't. You might have to put Adamsville Village commercial zoning district and then when you go to another village, rewrite it and change it. You can't ball them all in one. >> Exactly. >> I would start with Adamsville, change
that. >> Yeah. >> And then when you move to the next one, you're going to have to call it the head or whatever. >> Yeah. And that's a really good point because each each village area kind of has its own >> everybody different. I mean, you got >> the kayak shop that doesn't even sit on its own land, you know? It's you're talking about
>> many different rules in many different villages. It's great though. >> We just bid off a small piece >> that I think you know is is manageable and then we're going to do a full-fledged analysis protect somehow. >> So we had planned to do this >> the following year. >> Yeah.
>> But we said why don't we just get our feet wet with this one? This one is simple. >> Yeah. >> Protect braking somehow for just >> I think we need to >> they've been there a long time. >> Yeah. I brought my first car there for service
>> which is again you do just for that song. >> So I think we need to >> take a vote. >> You did take a vote. >> Uh you can amend. Yeah, you can amend it to have uh let's just let me get the exact land use
if that's something you'd like to amend it to have because the the you haven't closed the public hearing yet. So you can still amend that. I think auto body shop/auto repair shop would probably be the best >> category for it. >> Okay.
>> So, if someone would like to make a motion to add that to the village commercial. >> Second. >> All those in favor? I >> I >> I think everybody's familiar with Joe Alber now,
but they used to work for Frankie Brings and then split and went up and built that facility. So, next is uh key action items. hearing
run form file number >> I move to close >> you have to close you have to close the public hearing >> second all those in favor >> I >> and then um >> nothing's getting by her tonight
>> and that's it for >> that's it for >> bylaws so next is a key action item herring run farm file File number 0505C endorsed new farm act. >> Yes. So this was a subdivision devel
development from 2005 um which it's basically two lots on Hershey's way and >> Hershey's way. >> Yeah. Hershey's way. It's called Hermanitz on Hershey's way off of Charlott light extension. >> Uhhuh. Um so they built the first half
of the road that serves us as the first lot and then they built didn't build the second half. So, they would like to build that second half. We might need to We're going to re-review it for drainage um to because it's probably subject to LI. It might be subject to L. Um and then they want to begin new
construction. So, we submitted a new form F to start that construction again. Um and I apologize. I actually left it in the office. I'm going to bring it back. But yeah, that form F will be filed and then I'm going to have a pre-construction meeting with them to discuss. So, this is talking about
constructing a road that was previously approved in the plan. >> Yeah. >> But never constructed. >> Never finished construction. Half of it's constructed. >> Yep. >> So, they're going to finish that up and they'll bring the format. >> All right.
>> Mr. here. Uh, as Dia explained this, she said Charotti White. And I I want to express my preference that the woman's name that that road is named for was
Charlotte White. Y >> and to honor her, I think the name of the road should be pronounced correctly. Uh, I don't care how many people do it incorrectly. Her name was Charlene White
and we should call it Charlott. >> Yes, sir. >> So, you don't need action on this? No, I'll bring the form if you don't mind hanging out for one extra minute and I'll have you all sign it. Thank you. >> You want a motion on the minutes, Mr. Chair? I've read the minutes of January
13th. Uh I wanted to make sure that uh my uh ausive praise of the staff work on the uh uh
planning board report was included and it was so I think the uh they did a great job. It's in the minutes now which means it'll be there forever. I I move >> we only accept money too.
>> I I move approval of the January 13th amendment. >> Second. >> Any comments, amendments. >> All those in favor? >> I next is correspondence. Uh there's a notification from the
zoning board of appeals that there's a variance requested from the use regulations at um a property kind of off of Hicksbridge Road um to allow
parking of commercial vehicles, equipment, trucks, trailers, excavators, and loaders. Um it's something that could potentially come to the planning board under low impact development. So, we'll see what they submit to the zoning board and um
if they get their approval, then we'll take a look at it and let them know. >> You don't know when that meeting is? >> It's February 11th at 6:30. >> Okay. And a Wabond Mortgage that the same date?
Yes, there is one from Wabon Mortgage asking for a variance to allow for the storage of 12 buses and a construction of 7,000 uh
7,000 foot building. Um if if that's something that the ZBA grants, it would have to come to the planning board for a major site plan application. So those are maybe on the horizon.
>> I doubt that one is. >> Just want to remind everyone that on Wednesday there's going to be tomorrow is the meeting public meeting on the old high school >> redevelopment
company. So, and I know that's a uh it's been a long road and I don't they're looking for public comment again. >> Is it the uh the new high school? The new middle high school 6:00. >> Is that the new high school? >> Yes.
>> Okay. Yeah. >> And I'll remind people that the climate resilience committee meets here Thursday at 5:00. >> Busy week. >> Busy week.
Okay. Move to adjourn. Anything else? >> All those in favor? >> I