##VIDEO ID:ZvcAPAQmBIE## since it's uh 6:30 I'm going to start the zoning board of appeals meeting of January 28th with the Pledge of Allegiance I pledge of Alle flag United States of America stand na indivisible liberty and justice for all with the Mass General Law chapter 38 section 2th this meeting is being recorded first order of business is a continuation hearing on application of pine Bridge Estates LLC and Bradford Dean for a comprehensive permit issu to Mass General Law chapter 40b for the development off West uh Westport Lakes Drive consisting of 38 single family homes on individual watchs which are to contain two or three bedrooms with 10 of those home being designated as affordable deed restriction homes the subject property is located at zero Westport Lakes Road and is shown on assessor m 31 Lots 3B 3C and 4G the voting members for this will be Jerry coutino Ray Elias myself Raj manard constan ski and Cynthia kazt I'm going to read it's the record a an email that we received from Paul cussen uh good morning thank you for your email this morning I discussed with my client and we believe the most efficient way to proceed is request a continuance for the meeting scheduled for January 19 2025 to February 19 2025 if the continuous is grant that the applicant hereby grants an extension of 21 days to the 180-day period which including the 21 day extension brings a date to June 5th 2025 it is our plan to respond to both peerreview reports as soon as possible I respectfully suggested that the agenda for the February 19th include the following discussion regarding engine ing site plans as submitted by the applicant to the board and review of set Plans by MBL Land Development uh company discussion regarding traffic report submitted by the applicant to the board and review of a said report by Chappelle engineering please apply that the board consultant will be attending the meeting on February 19 20 well it wouldn't be 205 but that's anyway um so uh uh discuss from from the board aren't they supposed to be present no no we actually talked I dou check that with Town Council okay yeah and uh we did this because we got to be president but they don't well right and we didn't want uh Town Council to be driving down here just to continue it I mean that's an awful waste of you know Town Council yeah I'm just talking about the applicants right I mean the applicant I don't care about but we're paying the Town Council to be here just to say we're going to continue it so comments no I we knew this for the last week so right I I mean the whole reason for this is is because uh we did get the rep the uh the reports from our consultant but we got them in like about a week ago and that didn't give the petition enough time to actually review and respond to it so it would the meeting would have been just okay we hold the reports but we haven't you know we haven't actually had time to to digest it yet so you know giving the petitioner time to digest it and potentially going back and forth with our consultant to Iron Out earning issues is probably the most expedient way of doing this without you know wasting an awful lot of time it was in my opinion it was in their best interest and our best just make this happen right so I make a motion that we uh that we Grant the extension uh to um February 19th uh 2025 at 6:30 and also uh the extension of 21 days to the 111 day period bringing the date uh to June 5th 2025 have a second all in favor oh discretion before us now no all in favor say I I I all oppos no let the record show that's unanimous uh uh we have members and the thing is we do have some people from the right is anybody uh before before we close this part of the hearing does anybody want to make a comment before we move before we move on you have to come yeah come up here yeah that's okay we'll give him one of these mics he can see here we have to be very careful about what is said here because we've continued this hearing oh you're right yes time we were here right the developers or whatever they said that everything was going to be ready to go excuse us they just sit here so we can get the mic they said they said that everything was going to be ready to go yes as far as the plans and all that and they don't even show up or anything like that well no the the reason why we're continu is because the plans have been done they've been sent to our consultant the consultant obviously takes time to review the plans and then they provide comments and some of the comments were questions or or or is is this missing or you know some uh information that that needed to be provided that wasn't provided so that was then provided back to the petitioner and then he's going to respond to those comments so what we want to have is one meeting where we go over where uh where not only has the petitioner provided the plans but the consultant has has provided the the comments and they've both gotten together and either resolved any issues or still have issues that haven't been identified so there just wasn't enough time to get all that done yeah because I had a couple other concerns well we need your name and address for the certainly Joe Pico 11 Grand Pineway we cannot get into we can't get depth of any anything your questions may have to wait till the continu I would also like to point out that the the posting of the of this meeting indicated right in it in capital letters that the applicant has requested continu a continuance of three weeks and so forth uh and so uh it was no surprise yeah because there's I have a few other questions CU my neighbor got a uh a registered letter saying that they were going to be bringing in Phil and all of that and I have questions about that to see how high they're going to bring that yeah but that's really it really doesn't have anything to do with this petition that has to do with with your ongoing work for for your unfinished Road correct no we okay anyway we really don't want to get into particular this right now because like I said we've we've have you know we've already U voted to continue this hearing unless they're bringing things in and anticipation for our approval that we should know about right so but yes exactly stuff is being brought into the subject property prior to our approval I think the board should know about it yeah because depending on what kind of field they're bringing in how high they're going to bring it up and last meeting we spoke about uh runoff going east going towards mus mus Mill Road what about runoff going towards Grand Pine Way because we'll have mosquito land back there yes well that's that's part of the um uh the Wetland part of this all right I'll be here next time yes next time is going to be a a pretty long meeting cuz good and I hope you're here cover cover I hope you're here covering both the traffic and you know the two major going to be you need a ride you call me I'll go all right thank you okay uh has everybody real quick I got I got a B I didn't realize that we were able to provide documentation so Bren pereira6 w b Lakes Drive I'm just having my wife grab something I could I oh I I thought I thought there was just mentioned that I could could bring something in if that's the case no problem at all I just have one question about the peer review if you might be able to answer it or not do you have any knowledge if they just reviewed just the plan documentation or did they do a site visit they did a site visit okay okay um other other business has any has everybody received the uh proposed changes to bylaws I believe you sent out an email with there should have been like three or four attachment yeah to go before town meeting uh the one that that there plan to go before the town meeting right so there's the the it's actually um a couple of Parts one of them is uh is the zoning bylaw change which is very minor it just says the select board's going to handle it and you got to conform to Mass state laws which you know just means that you have to register with the state uh the uh change to the general bylaw is a little bit more even then even that isn't very specific uh but the gist of it is that the that anybody who was want to do a short-term rental was going to have to fill out an application just like they would if they had a trailer or any other business in the uh in in the town and that application would then just say and it's a self-certifying so that we we're not going to lock up the health department the fire department the police department with 200 applications so they certify under penalty of perjury that yes they have a septic you know an approved septic system they have fire Al they have all the things that the fire department the health department and the building department said that they need in order to run a short-term rental and it will be they will then send that will then go in front of the select board in a meeting that they always have on you know every other Monday uh for for um uh for approval uh and then we we actually developed a sample uh call it a strawman of what this application form would look like so for the for the uh select board consideration because it's really the select board's job to actually write the uh the application permit uh and again it's goes into details of you need to had two forms of it egress you need to have a working fire alarm you need to have parking sufficient for the number of uh bedrooms you have you you know you know all those kind of things uh so anyway that uh that is I think what everybody should have gotten does anybody have have any comment on it I have one comment uh that either I have got to look into more deeply or maybe you know uh one bylaw that we had for very long time indicates that you canot have more than uh one U residence on a lot unless of course you have enough size and front edge and so forth to to do otherwise um but this Adu change blows that blows that right out and what I'm wondering is do you know if if when the planning board was uh reviewing this to make the changes did they address that by law to get rid of it that's a good point point and I don't recall anything in the one I in the meetings that that uh that I was in that that that was even discussed but that's a good point because uh that I mean the whole IDE well actually that doesn't have anything to do with short-term rental that has to do with the other part Adu right there there was another um uh attachment that was sent for a change to what we called uh accessory Apartments which the state calls adus which is uh essentially additional housing uh the state law mandates made mandates that essentially VI that that our bylaw uh does not comply with so we had to put in uh a change to our bylaw to comply with the state rule state rule says by right you have a right to have a an accessory apartment on your property and to rent it out as a as a house a long-term rental uh with with very little restrictions other than yes it still has to meet septic I mean there you know there are still those normal things about having an accessory apartment but it does not require a special permit it is a by right and you don't have to live there anymore and you don't have to live there anywhere that's correct that and again it's also some size constrictions too and there were size restrictions of 900 sare ft or one nor or one half of the size of the main house exactly well they could end up in front of us with a fa they can always after a variance that's you know that's what you do with variances what we did what uh what the planning board did was essentially they took the state law and they embedded it in our zoning bylaw and that's what that's what everybody but you're right I don't and I I wasn't involved in those meetings but I don't recall seeing it in any where they changed any other part of the BW that said you can't have multiple in actuality that should have been changed yes way back when we started doing Adu in the first place yes but I don't believe it was that's why I said I even have to look to see where that's located I know it's exists it's buried somewhere it's really buried somewhere but that's something that yeah um and that would be a simple change but we ought to really and almost with with our original one when it was an Adu and you had to live in one of them I'm not sure needed a quite of because quite of a change because the change was you can't have two separate units and in reality the way we structured it it was two separate but it was still controlled by the the primary owner now it's different now it's right and the other yes thing I'd say is that personally I think they're making a big mistake uh when they're saying that uh you're allowed to have more than one Adu you can never I think that's that requires a special permit by special permit you can do that I just think that's wrong unless you've got you know 25 acre well we can't exactly I don't think it's going to become much of an issue because I don't think there's going to be many properties in Westport that'll actually be able to accommodate it to accommodate it by either by setback or total coverage or septic or septic yeah but I do think there is that possibility and maybe it would be a good thing maybe you have 100 Acre Place D and you just want to put a whole bunch of cabins up just sort of how we all started here in Westport yeah I me then you rent them all out as short-term rentals and just sit back relax sort of how it really started right anyway uh so everybody has a copy if you have any comments then uh we can send them back to the pling board but I will contact uh Mike burus about that other point yeah I just want to know if they because I don't recall and again I wasn't involved in that those part of the meetings the other thing I want to ask is U um when we do uh the calculations for an Adu in the past uh uh we uh we exclude unheated areas and so forth uh tell me what you think uh is gross uh gross square footage and net square footage I know what do you think yeah what's the definition what what what have we been using we've been using non-liable yes well we've been we've been using the interior so don't you don't even CL any walls right but would be net or gross that's the language yes views right it could go to town meeting Pastor Town me go to the attorney general she could say right I want it the way it is yeah which no one voids everything we just did yeah yeah um well anyway we're saying we all are saying that the square footage is the same as what we have so no issue okay 900 but they they clearly say I believe they say grow grow yeah and uh and to me that would mean all areas including including unheated right and so forth right that is a big difference from what we've been doing right so I I really don't like it when the planning board or anyone else says oh it's the same as what we've had yeah you be you'll be able to get to the you'll be able to get to the mic Tommy I mean that's going to be well that's going to be an issue for building inspector that's right doesn't come us anymore yeah they're going to have to figure out the square footage and then he'd also have to figure out the square footage of the main house yep yeah because that's that's part of the calculation as well hope he's good at math yeah so anyway that's what's going on uh any any other is real any other uh uh issues or business I have a a minute we have to do I have a question on uh uh procedure Town procedure uh is um the current moderator going to be moderating no no have a new one right yes finally someone put their hat in the the ring so I guess looks like a very good candidate well and it's only one so I think that's what we're g to get well it wouldn't I don't know the person yeah but from what I've read I think it'd be a very good choice anybody who wants that job can for the amount of money we pay him yeah well the amount of money we get paid yeah uh okay um just moving on meeting minutes uh we have a Maria provided meeting minutes for the December 11 2024 meeting uh everybody responded and and she's Incorporated comments so I make a motion that we uh approve the meeting minutes for December 11th 2024 have a second second all in favor I I I'll oppose no okay that's granted uh any other do we have any other um meetings coming up besides the one that we just yes February 19th Y and the 266 oh that's that's for the you just okay that's that's that's almost like a continuation right except asking for a variance to this time oh okay parking spes and um and then I'm waiting something to on Monday and I'm sign that on the 26th of March hopefully I get at people 26th of March and the just generally speaking what's what's that going to be about that's on the season de at Daily Grind there Road adenville Road Daily Grind right beside the the little food truck what's that the food for the food truck they're under a cease and desist the the the party submitted material today but they didn't have a check oh right so it was not it was refused and uh so that's I might not be here then but that's okay some can take care of that we got we got these uh in the the side wings here that need some new 26 we got a good back bench yeah yeah we do okay any any other Co any other business no no I make a motion to adjourn that's her job yeah but I'll second it you sorry didn't mean to usurp you that's fine you can esurp but I will second the emotion to adjourn all in favor I I we are adjourned