##VIDEO ID:u_EJ94GdSxQ## I'd like to call the meeting to order at 6:04 p.m. under Mass General Law chapter 30A section 20f this meeting is being video recorded and possibly uh aired on YouTube live I'm not sure uh first up our administrative items uh Bentley Estates two modifications uh 15-9 c-mod release consultant review fees this is the proposal that the planning board had denied the request to remove sidewalks from the subdivision this is just to release the consultant review fees that all the bills have been paid for that um for the consultant review on our end it's $1,500 we'd be releasing right so do we need to hold on to it to have the consultant review the sidewalks we have two different accounts for this okay want a motion please I move to release the inspection fee funds of $1,500 for Bentley Estates 2 modification PL five lot 168 and 50 through 68 second all those in favor I I I uh next is a pre-application consultation file number 24-34 Pac request by alons coka to discuss a definitive subdivision plan for zero Railroad Park section 15 map 5 lot 73 to 76 good evening uh my name is Al Koka with kbm Design Group 77 State Road North dmouth uh so we here uh with a revised uh I mean access plan uh from last time so last time we were here we discussed about uh providing the access driveway through Pine Street from Highland Avenue and um there is a gas uh two gas main two high pressure G gas lines going there and then we reached out after the meeting we reached out to the gas company uh we provided our plans and uh we got an answer that they did not allow any utilities of any form to be placed into the ement everything had to be outside the ement the road I mean the axess driveway was fine but the utilities it was a hard not so um after that we I mean uh we spoke to the electric company to find out uh another alternative way to provide utilities and an access driveway and the best approach was going through Bentley Street which is not complete but that section of over there from the subdivision to that uh Wood Street to the woods paper street it's almost built out so we can access through there and then move the house on the opposite end the proposed house and then bring the gravel road gravel aess right where there and the underground utilities as shown in the plan um same uh setup as before using a uh paper Street to to a uh to provide the access so before we Pro proceed we just want to come up with another pre-application meeting just to discuss with the planning board and hear any thoughts or any recommendations about our proposed uh Rob so just to give you my my two cents um the uh Kori screen um what's the name of it Bentley Lane Bentley Lane uh is is too long already because our subdivision rules and regulations require a dead end Street to be 1,200 feet or less and I believe that's already 2 or 3,000 ft yes and that's supposed to be connected Bentley Street supposed to go all the way back to Highland MH uh but uh Messier and Corey have not Kori have not uh continued it if it were continued uh I wouldn't have any problem with saying you could possibly do that if you can get permission from the ABS but uh unless they do that it makes the street even longer without a turnaround but I'll be happy to let the planner give his two cents or the other board members I don't I guess you pretty much covered my main concern with bringing um you know rural residential Lane down further the length of that road if you look at the um entrance from bentle lane from Highland Avenue with this extension would be approximately 3,3 approximately 3,34 feet and the standard is 1,200 feet so it' be significantly longer than what the subdivision bylaws would allow um I think just due to the the scale of a request for for a waiver and really there's there's a safety need to provide adequate access for the fire department um I don't think I would recommend that waiver and I would also be curious to know I I didn't ask but be curious to know what the fire department would hold to um but then there are a couple of other things that I think would need to be sorted out prior to even submitting this application I think there would need there's there's some issues with the ab buding property owner who owns Bentley um Bentley Street up here in Cedar Street Oak Street um Warren Messier there's some title issues that supposedly have to be sorted out with that that property um and so you know I I would want I know we have a letter from from your attorney spelling out some of those issues but I would want Our Town Council to to review that to get a second opinion um for the board and then I also think that the you would need a modification of the Bentley estate subdivision to show this road um accessing off of of the Bentley Lane um road that was never constructed all the way through to Highland Avenue and with it being um a private road you would also need an easement to provide access um to the subject site through the Bentley estate subdivision you need an easement to get there right right but would you also need an easement or an okay from the owner of the Lots on the east side of this road yeah that that's what they to the center of that Pap of road right right so this is still an issue that we have to work out with uh the applicant for Bentley Estates uh which they're still on the hook for completing Bentley Street all the way out to Highland that was a requirement of the approval of the subdivision uh and they have failed to do that um so I I think that there is I think we'll send uh your attorney's letter to Our Town Council and see what they have to say before we do something like that they would need to open up an an application in order to okay um for us to send that over to KP law and is that worth they doing just to do that there's sure there's there's a risk involved with that as it as it would you know bringing forth an application um and asking for a waiver for um you know a new extension of a road that would be almost two and a half times the the subdivision standard for a dead end road so you know is it worth it I the applicants here so they could they could answer that question better than I can um would that be um when we looked at it it's not missing it's not shown on the plan because there's no room but the existing dead end continues and ends up further down so is that still considered an extension even though it's not further away from the existing dead end it' still be considered an extension yeah I mean the the the lineal feet of the entire roadway would be greater than 1,200 feet which already is yes right which it already is yes so what do you suggest Mr planer I think it's a tough spot to make it make it work I mean if the title issues were worked out with this adjacent property I think how are the title issues relevant somebody else's title issues relevant to this well so I I know that an udding property owner has brought up that there are some title issues where they they believe that they don't have clear title I don't I don't have an I don't have an opinion I mean just in like you if you own a house right I own a house if my neighbor if I'm selling my house and my neighbor says hey I have a title issue what concern is you have to be able to demonstrate that you have rights to access your property through that's my deed my deed States you know this map LW on you know 600 ft on o50 on this one you know understood and there's a the budding property owner disputes that so I'm not I'm not taking aside one way or the other I would just want our legal counsel to give us an opinion on that issue um because I think that's really more you know that's more of an correct so if would approach from the opposite end would be Oak Street it's the same thing as going through Pine just just more tree clearing and then possibly Wetland crossing right those yeah that would be a lot easier because you're not going to hit that 1,200 foot correct about 750 I think uh dead end so be on the 12200 but again the same the same approach would be just basically improving the an an existing paper road which they would have the right based on appropriate to although I do believe on um Oak Street there's some Wetlands there as well so I think it's hard to tell but these W right here still so if you do the crossing then there will have to be Wetlands replication correct property on on the uh on the property there so I I don't know know if any of these streets are partially done like oak or cedar or Bentley from Highland I'm sorry that is anybody accessing those lots on Highlands through those paper streets no only uh Pine only pine pine was cleared for the gas easement and alonquin said you can go perpendicular over there but you can't go parallel with utilities with utility so we were thinking okay we can put the road in and then bring the utilities in um from Bentley you know that that's another option but it's now you're still doing the same clearing because ever Source has to maintain their lines underr so no matter what you're going to have to they said it don't have to be a gravel drive or anything but you still need it cleared for Access so it's just trying to find the best not mess up Wetlands on on Pine Street put in a road then clear another 300 ft of trees on this paper street so that's why you know we I mean you guys suggested come in for a pre-application and just kind of figuring out what what's not going to work you know as far as alonquin and Os well if you look at Bentley going in from Highland to Wood uh Bentley's a shorter distance to Wood um but but then you have to go down mid across two lots basically to get to yours so that becomes more 00 ft so that becomes again a long dead end no but if you continued bentle it would connect with CFI and that so it wouldn't be a dead end except from Bentley to your lot so Bentley Kori that was a paper Street correct Street it was approved as a subdivision Road M it hasn't been built yeah that was not of railroad park that was a separate sub okay so he needs permission from the ab to finish that it is unclear to us um on the application for the Bentley Estates uh Warren Messier signed it as well as Kori so does Messier have some liability here to finish this road or or not I don't know we're going to have to ask Town Council okay but I know that cfor doesn't want to do it and I know that that um it's expensive it's like I don't know about a th000 ft 6 600 ft of of road I think one section is one parcel is about 650 ft long so you're close to 1,00,000 ft yeah and that has to be curved and everything to sidewalks too yeah MH and that that's why he's walking that's why he doesn't want to do it and he's hanging his head on the fact that uh Messier is saying he's unsure about the title to his land there and so it'll take an attorney to figure this out um all right so th this proposal is a is definitely a no is that correct I were only three people sitting here I can't imagine uh granting a waiver for an additional 350 350 ft on top of 3,000 3,000 so I mean we're they're already in trouble not not doing what they're supposed to do and I I just can't imagine this right being approved the the the reason the 3,000 was extended was that the original approval for Bentley estates had them then connecting to the old railroad park Bentley street that went out to Highland that was a condition that was approved long ago and and they were allowed to extend with that with that condition but now they say they can't do it so you know we're we're stuck with with that but we but for my vote I couldn't possibly agree just to extend that and and if you if you decided to do Oak Street um I had a question since since Railroad Park predates the subdivision I don't know if it predates the subdivision control law but but it predates our adoption of the subdivision control so what how how would we approve this would we we just is this is this a he's going to file a subdivision application to build Oak Street I believe so because he doesn't have any rights to Railroad Park Subdivision except owning a piece little l so so if you if you if you if you have rights in the Oak Street um and the title issues are really not our issues we we we we uh we actually only approve we operate under the subdivision control law so if you came in to do a subdivision where Oak Street was then you could ask us and we have the ability to wave certain standards and we would consider your application but I think that's the only way I I think it's the only way we could approve this the um essentially these you know your property have rights in Old Paper streets that never were never approved by us um and if if we if you came in and approved it it's one of the ways that you get to get a building permit is if you now own a lot that fronts on an approved subdivision you you can get a building barment for that um so that and if if you had the rights to build out Oak Street you could make a subdivision application and we could then we would be open to hearing an argument for waving it and so so you don't have to build sidewalks and all that kind Stu so the other possible way that I could see that you could get access to this lot is to buy the lot to your East and combine them and then you only have to do a very short stub of a road to get to your I think that's on Oak Street Mr Messier owns on that and that might be the title problems that they're talking about but yeah I think I think I have a better chance of getting this done than him siging a lot again the title issue was really on these Railroad Park things is really a little strange I tried to follow the Deeds back this afternoon and it starts like a 100 years ago right and that or more and then goes to eventually to somebody else to somebody else to Warren Messier to his real estate company back to Warren Messier and in one of those transactions it says no title research has been done so what does that mean I I I don't know I'm not a title attorney was a title issues I mean that would pertain to the lot but again and every lot in this area has the right to improve a paper stre to provide access so it just whatever dispute is titles on the other Lots it does not affect if that lot is clear which we're talking about there's no title issues there and that's all so when you were going to propose to use Pine Street you wanted to use that because it's already cleared for gas correct yes it's as opposed to Oak Street because you'd have to clear I mean it will be less impactful like basically they want to clear another uh paper Road for a 20 foot wide country road basically using the uh the regulations from the subdivision rules uh 20 foot wide gravel country road right that's already pre-cleared would do wetland Crossing replication work with conservation same thing on the other side it just like less impactful to the environment that was our first thought but then the gas company they said the gravel road is fine it just like no utilities at all in the rideway and the rway extends on each side of the lot it's more than 40 ft it's 60 ft so it's 10 ft so try to put it outside the right away you have to go on the abing properties which is so the Oak Street right away is 60 ft wide no no Oak Street is 40 That's 40 but the yean is 60 ft wide gas easement gas the road so we try to put something outside the gas easement going to put us into the abing properties which we can't right but if if you used Oak Street correct you only have to come up to your property line right you don't have to go all the way to the other end no no that the house would be on this side like we're going to do on time the house will be on the Middle Street we'll bring in there we'll do a hammerhead turnaround for uh emergency vehicles um on you talking about on Oak Street or the way that you have it written no on Oak Street if if you want to do Oak Street we come around and turn on the street and then access the property and bring the house on the front you turn on Middle Street it's either we to have the house either facing Oak Street or facing Middle Middle Street so put the driveway here or have the driveway end right there amhe turn around but will be less than uh will be about 700 ft either way none of this is cheap so so if if an utter showed up and said hey I I oppose this right which I would I would say uh we anticipate that that that doesn't stand any ground on a right to improve a paper street am I understanding that correctly quite frankly I don't really know for sure uh on these ancient paper sprs over 100 years old I I have no idea what the rights of a Butters are U you'd have to ask your attorney so what we would do is we would get whatever information you can get a assembled from your attorney and then we'd send it over to our Town Council they wouldn't investigate the issue but they let us know if they concur with the your attorney's opinion or not and then we would provide that for consideration to to the board they' answer a question so if you ask us the right question you get an answer but but they're not going to tell you how to do it so sense and so basically I think you need to go back and figure out how to get there besides the one that you've suggested because it may be a long time before that road is connected if ever if ever right well we hold it will so yeah me too so why you withhold Lots from released before they finish well correct we have money but I'm not sure we have enough not for a road so so now do you do you want to see another pre-application meeting like this or do you want to just to submit what what I would suggest is you talk to your attorney and ask him about Pine Street the ABS no we that's why we're here I would have came in for the first meeting if you would have advised otherwise but from so he sits on the planning board in the town that he lives in so he's familiar you know with the how the boards work and he's Like It's tricky because people understand it different ways so it's throw up in the air subject to you know you can't there's nothing that just says hey this is exactly what it is because the way they write these things people can interpret it in different ways so he said hey I I'll write your letter I know what it says and you know I've I've allowed these you know as the chair of the board and you know just part of the old Massachusetts Road what I would think you want him want to ask him is to research case law with regard to really old paper streets on subdivisions that have never been built yeah it's referenced in the attorney opinion letter so we'll just submit that with the application and then you can give it to council and then we'll just go from there and then keep in touch with Michael yeah don't have to he can he can say okay we have this answer so then you're able to do whatever you want to do but right and well I mean I don't mean you can do whatever you want to do no I with the information yeah with the information provided you make a decision right and it'll have to be a fully engineered plan you'd want to talk to the conservation agent as well um to address the the wetlands Crossing issue but um yeah I mean seems like that's probably the most feasible way to go about this I don't like I said the Wood Street approach I don't think that would be something this board would be favorable towards so um yeah just once you get that together and the uh drainage for the road um get that together then you can submit an application perfect then we spoke with um I spoke with the uh Conservation Commission regarding Pine Street which is similar to Oak with the Wetland Crossing and then that will require like an an rad and delineation with that one so that would be a separate application with the conservation the only question is if we go in for the uh subdivision is the conservation takes precedent first or is simultaneously you apply for both how does that uh they're separate so you need approval for conservation first before we come here we we can't make anything uh based on another committees or commissions or board's uh decision so they're both separate you can do one or that one or okay but in the end got to M it may be beneficial to do conservations first just in case they require you to move some things around then you don't have to come back to the planning board and amend a subdivision application but you know it's it's up to you it's your call got it appreciate you guys well okay thank you very much have a great night you have both our Nam yeah I can get okay what was your name again Gary gag thank you okay thank you next is uh Ironwood Renewables LLC file number 21-1 H Neck Road special permit extension pro project was approved on May 31st 20022 plaintiffs failed to file the appeal with the town clerk properly failed at the mass appeals court and was dismissed by the court so they're asking for an extension of time they're asking for an extens mention under Mass General law 4A section 17 which says that a special permit granted under the section cell lapse within a specified period of time more than three years which Som not includes such time required to pursue or await the determination of an appeal referred to in section 17 from the grant thereof um and as naen had indicated in that intro um the the special permit was held up in an appeals process for 683 days so therefore they are requesting that the planning board extend the special permit to April 30th 2027 and we also have um H Hamilton carrier he's a representative from the um Solar Company who's on the call if you have any questions for them good evening yeah just Street Qui reminder as indicated by Michael the special use permit was granted by the town of Westport May 31st 2022 and then the UTS appealed that permit and total period lasted 683 days so just looking for an extension from the board uh for the special use permit which the new permit date requesting is uh April 30th 2027 okay any discussion what your recommendation oh it's in the state statute that the planning board ought to do it so you want a motion please I move that we Grant uh an extension for um Ironwood Renewables LLC uh to April 30th 2027 second all those in favor I I uh next is the 615 public hearing for 203 mous Mill Road file number 24-26 Spa this is continued from 92424 the applicant is requesting to construct a 7,200 foot storage building for the manufacturing business located at 6 located at 683 American Legion Highway the engineers requesting a continuance to make adjustments to the plan so I would entertain a motion to continue Mr chair I move to continue the public hearing for 203 mous Mill Road to December 3rd 2024 at 615 second all those in favor I I and for the record just because I think there may be some folks here who are wanted to attend um and listen to this so that the updates that they are being required is to run um a fire Access Lane from mous Mill Road to the propose structure um has to be a 20 foot wide access Lan that's going to impact their storm water generation so they have to incorporate that into their storm water plan in addition to that upon further review of their storm water plans they were found to not be reducing storm water volumes by 20% um and so they have to also redesign their um they have to redesign their plan to achieve that 20% reduction from uh 20 and 100 Year storm events so they have a bit of work to go forward with that um with the motion did you have did you have the date I didn't yeah December December okay yeah but we have a Time 6:15 615 okay okay is that enough time for them to do all that work um I that's that's what they requested so that's what they request um I did ask to see if that was going to give us enough time to have it reviewed by the Consulting engineer and I didn't hear back so that's the day we have to go okay and this and just to reiterate this is separate and aart from the storm water issues from Five Star Collision correct correct which is the neighbor so okay uh next we have uh a request to go into executive session no oh I'm sorry yes plan came here EXC was that on the agenda that was be continu aware that um was it on the agenda it was not on the agenda we just got the continuance requests today from the applicant okay thank you very apologies for making a DFT December 3rd will be continued you can call us just we can call that would be the best thing okay great if they if they bring it if they send it to us late then we don't post it but just give us a call if you if you call the afternoon if you call the office the afternoon we'll we'll know I mean some sometimes we only learn about it the day of the meeting so if you call the office they'll let you know in the afternoon thank you thank you good night planner ort um well we have an update on the assistant planner candidate search that's um an ex needs to be discussed in executive session just because it's a Personnel issue um so I we can hold off on that one and address the other items and then you want to go into executive session at the end okay so um an update on our coastal zone management Grant and Municipal vulnerability program action Grant the coastal zone management Grant was awarded for $1 174,175 and from the MVP program which was an application to um secure resources to purchase lots that would come up for sale at East Beach um they didn't fund that as we know but they funded um a public engagement piece um to inform Beach management plans in Westport and so we have a total of $234,000 towards developing Beach management plans in Westport 60,000 of which will be the be go towards um probably finding in part a um a facilitator for some of the public engagement that we'll need to have um at these barrier beaches so we met with the um czm staff and MVP staff just to go over some of their initial expectations and and uh what they recommended The Next Step should be so we'll have to pull together well we have to revise the scope of the work based on these two Grant funds now being combined together um well they're not formally being combined together but they're going to be used for the same project and um so we have to come up with a revised scope for both of the grants and then put it out to an RFP time line this is a really fast turnaround it has to be done by June 30th I think so including the the Outreach part yes oh my so it's going to be a very intensive probably six seven month period I but that's that's that's the that's the way the the czm grant is is structured is that we have to done by speaking of intensive seven month period just as a curiosity you do have candidates for assistant planner you've interviewed them we do and we've interviewed them and um having someone hired so I can focus on some things like this would be great we're going to talk about that at the end executive session yeah we'll talk about that in an executive session I and then we'll come back out and make public what her decision is yeah um I guess we can do that now if that's fine we just have to stop okay do you want to do you want to go through the rest of the meeting before yeah why don't we do that okay so correspondence uh looks like there's a setback variance [Music] for a new single family home on name Ro area has been discovered virtually every hous is being rebuilt so what you're supposed to do when you get house guests from out of town is say don't tell anybody about this place when you [Applause] lose this is an old Butters notice this is for 1180 American Legion Highway for um the storage buildings so this is an old one that's this has already been approved at the zpa and a notice of decision oh this is the front yard setback one that was just referenced so I'm guessing this was approved oh there's no variance required that was their finding there was no variance required okay uh minutes of October 15th for [Applause] Mr chair I uh moved to approve the minutes of October 15 2024 again I like the new format second all those in favor I I and I concur I like this new format a lot so um next is uh matters not reasonably anticipated within 48 hours I happening okay so um uh can I mention a couple of quick things one I'm not going to be here on November 19th laor and I are taking a trip down to Mississippi and um I'm going to meet tomorrow uh morning with uh Michael Goodman at UMass Dartmouth and I think three other faculty members who have expressed some interest in helping us out on the climate resilience committee good and uh I'm not sure what form that help might be but uh uh this is the first meeting and so it's just me and I just want to hear what their ideas are and after I hear that I'll communicate with Michael and maybe Jeff Canton uh to see but what I'm hoping is that uh the task that Jeff has have taken all of these drafts uh and trying to get it into a single report is a pretty big one and if there's a way that there's some resources at the University fa or students uh that uh it would be useful to us that that something to take advantage of so I just want to find out I've sent Michael sent all of the first drafts and Jeff's outline to Mike Goodman so he's had a chance to review it as I think uh Professor Maguire and I don't know the other two I can't remember the other two so so I'll I'll let you know how that goes but it's tomorrow at 9:00 and and anything in real computer skills graphic skills those kinds of things of integrating we've got figures and drawings of all the different formats integrating them into the text of report that kind of skills are are really something that we need to produce something that's readable anyone who can spruce up a document and make it look nice we don't we don't have it in our we probably make it work in our budget but we don't want to spend the extra money on Adobe and design and illustrator and well they're interdisiplinary there everything sure they research to you know writing reports layout Graphics data management all that kind of stuff they can do good uh so um we are going to go go into executive session uh to discuss a uh the results of interviews for the assistant planner position and then we're going to briefly come back out of executive session and uh announce if we've made a decision so so I would entertain a motion to go into executive session under Mass General Law chapter 30A chapter 21 it's not chapter section 21 A3 to discuss the applicants who have been interviewed for the assistant plan position as an open meeting may have a detrimental effect on the negotiating position of the board the board will return to open session so move second all those in favor I I uh has to be a roll call vote tlor I white and I bullet I okay so we are now in exective session uh 7:02 p.m. uh during executive session we discussed the applicants that were interviewed for the position of assistant planner and we have uh we're going to recommend to the offer offer to the applicant and recommend to the select board that they uh offer the job to her her name is uh anory Patel and she is uh has a master's degree in planning and the interview went well and looks like she would be a good fit for a small office so with that I would entertain a motion to adjourn so moov second all those in favor I I