everything is May 1st at 6:30 I'll start the zoning board of appeals with the Pledge of Allegiance Pledge of Allegiance United States of America the stands Nation indivisible andice for all Accord Mass General W chapter 38 section 20f this meeting is being recorded first order of business is uh a continuation of 1253 horset Road application of Bayside Restaurant Incorporated applicant and NM Carol trustee owner for a finding that expanding the outdoor seating area to include non deck sheld area proo 1800 ft in front of the existing wooden deck where seeding has existed for a long time shall not be substantially more detrimental than the existing unconforming use to the neighborhood as mandated by zoning by law Article 5 Section 523 sub property is located at 1253 Horseneck Road Westbard mass and is shown on assessors map 76. 40 so with the applicants uh presented have come forward and again I'll just reorient you uh this is a continuation so the appli will provide um uh whatever further information they have board will ask questions and um and after that then I'll open it up to the audience I am going to though read into the record some letters in support of uh of the applicant um this is a a an email from Jim kman uh 663 Street what Port Mass as an 8-year resident of Third Street I can personally vou for the fact that uh cat spy and the base wi restaurant our neighbors anyone would be happy to have on their street they actively participate in the upkeep of this owner mandated Street they continue to invest in the property raising its value and ensure that their guests are never a problem for our neighborhood my understanding is that they're seeking to continue to utilize outdoor space that was allowed under the state's Co ordinances but not to add additional seating for the past three years they have successfully utilized the space without any adverse effect on on the neighborhood parking is plentiful even during the business times and noise has never been an issue I am fully supportive of their ability to continue to use this outdor space and look forward to enjoying one of westport's oldest and courageous traditions this summer best regards Jill kman 663 Street this is uh next one is Kathleen um okay how would you say santonian senonian 140 West uh Beach Road Westport Mass I'm writing to give my support to the Bayside petition that will be discussed at J May 1 20124 meeting because I am unable to attend in person as my husband is having surgery that day the bayside's petition to allow seating where the shells and fire pit R should not pose a problem or safety issue is they're not asking for an increase and seating so capacity and parking should not be a concern because those things are not changing I've never had a problem getting a parking space when I dine there and that is quite often with regard for the possibility of vle traveling on Horseneck Road losing control and injuring pain patrons I believe you would have a better chance getting stuck struck by lightning while waiting for a table in my experiened vehicles tend to slow down when traveling by the restaurant because drivers are looking at the activity and the energy at the restaurant excuse me the Bayside restaurant has been run by the Carol family for 50 years and they provide jobs from many residents the restaurant also provides a beautiful view while patrons enjoy a fantastic meal I personally would love to sit and look at that view and have a glass of wine while waiting for a table it is the seasonal business and we should support the local business that provide jobs and give back to the community which the base IDE routinely does I strongly urge you to approve the petition submitted by the Bayside Restaurant so we all can enjoy our visit to this fine family run business that is no so much a part of the fabric of our beautiful town the next is an email from Lisa and Robert Whitaker Third Street Robert NY Third Street residents three houses away from Bayside for the past seven years we have lived here and have thoroughly appreciated being so close to Bay side The Establishment is an icon patrons come patrons come for the amazing seafood and beautiful views the management of the restaurant ensures that the environment is maintained and the atmosphere is Pleasant friendly and courteous Bayside is a family friendly place it closes by 8:00 or 900 p.m. and the noise level has never been an issue as folks go there for an amazing meal and beautiful views we support the owners the ownership and management uh basite and all of its endeavors as we know their goal is always have the best in mind for all the surrounding neighbors and the community getting D to the end here next uh Chris Slinger as long as a longtime president of Third Street I am writing in support of the basite request to maintain their covid seating in addition to this SP being one of the great news in Westport basite has always been good neighbors over the years they have been repeatedly been sensitive to to any neighborhood issues communicated clearly and quickly responding to any neighbors concern besides serving outstanding food the restaurant supports the features and features local farms that are important for westport's uniqueness over the 30 years I've had a house on Third Street I've always felt that Bayside has been a benefit to the neighborhood lastly uh Ronald and Betsy small 1233 Horseneck road we are sending this message in support basid petition that will be discussed on May 1st 2024 basid petition to allow seating near the fire pitch should not change anything they are not expanding the deck and as far as I am aware that part does not affect parking the restaurant has in the in the small family for many years and the Carol family for 50 years and has always had the public and customers best interest in mind since Betsy small I wanted to read that into record rather than just submitting into records so that everybody understands you know exactly where the neighbors stand uh voting on this will be um uh our oh what's his name the are regular members of Jerry Barbera myself uh Constance and Ray so with that uh you can provide uh any updates to what you had provided uh recently thank you uh Mr manard um so first I want to introduce here today with me uh in addition to cat is Bob fold who had originally submitted the petition as well as our engineer Peter Cruz he's here to go over the plans and answer any technical questions that you may have we did submit a plan within you at the normal time period before um that included a a boulder wall and otherwise was was similar here but in response to some feedback and questions that we received um through email from the board we have revised that a bit to try to address some of the questions that were still outstanding to add labels to the plan and to see you know what more we can do to um address the concerns that were raised at the last meeting so I'm just going to summarize that briefly and then I'll turn it over to Peter to go through the specifics and answer questions if you have any on those specifics so the parking area here is the existing conditions plan it's not adding or changing the existing parking uh it's just laying out um the number of spots that's available there in terms of the expanded outdoor seating area we came up with a plan to move that farther back from the road uh than was on the original revised plan that we had submitted and rather than a boulder wall surrounding it we made it more contiguous with the patio area and used what is in essence like the jersey barrier type cement uh barriers to enclose that space more and rather than leave them plain the plan would be to beautify them a bit uh you know do some artwork something decorative and maybe flowers along the top kind of like the railing that you might have over a deck post that you can plant flowers around it so is that something like similar to like what's it like Lexi lose I haven't seen what's at Lexi lose I have to confess I no I was just there yesterday and I didn't notice what she has there they have barriers cuz they also have outdoor seating M uh and they have barriers for their for their outoor seating does it look kind of like a jersey barrier like you would see on a highway they're blue with they look it's concrete MH yeah yeah and the the detail is on the plan for the dimensions the you know rough dimensions of the barriers and how they would be put in and Peter can address that more uh the other thing in moving it back and making it slightly wider um we also created a space and added a couple of bicycle racks to encourage bicycles you know to be used rather than additional cars in the area and the green area on the plan is just indicating uh where existing Landscaping is um it's not going to be painted green or anything like that but it's it's the landscaping area there um so with that in mind Peter do you want to go through details did you guys have any questions for me before I no I mean it's good that we' got to this point because um you know Jerry and I had talked about this after the last meeting um we we it was good that that you provided these early enough that we could review them and provide comments so that you could clear those comments in this meeting rather than dragging out to a uh to another continuation I think it's to all of our benefits to you know to clean this up as quickly as possible absolutely and we we appreciate the uh opportunity to do so okay thank you he uh so the first page I just wanted to go through is show the overall site um I know there was a one of the comments was to sort of label all the the existing property line for the the restaurant which starts down at the uh pack Road follows this da line all the way through and down Third Street that is the actual property line for the actual uh restaurant uh what we have here um this is the existing condition parking plan um as you can see we we Supply 70 parking spots one of the parking spots in an accessible parking spot um I think one of the questions you you guys asked was what was the required um parking for the facility um and the calculation is down low um is 36 parking spots so we have almost double what is needed uh and that calculation was based on um the 82 82 seats that are um what they're authorized to have and per your bylaws it's um uh for every uh uh one space for every three seats so that calculates out to be 28 spots and then uh the employee parking it's one spot for every two employees uh roughly 16 employees at the peak height of uh season uh so that all calculated out to be 36 parking spots you agree with that Ralph it's just the handicap spots I notic he's only got one and the architectural access book it's one for every 25 so you are correct so we we we can add another uh access parking spot how many spots already already there 70 there is 70 total 69 9+ one accessible one accessible so you need two more accessible I think the M is5 up to 75 between 51 and 75 is 25 I'll check but I thought it was um one one for every 25 so we we can definitely show that excuse me but Ralph did you ever up till now did you have a formalized parking plan okay no so with that said we we can definitely so can we uh can we mark this on this plan so we can move forward yeah uh right there we would we would add uh I I believe it's one but I'll double check MB uh if it is two accessible slots we can put them there is that all right with okay so what we should do then is we'll mark up a master one of these plans that goes to Maria and then you guys sign it so that we uh yep because this could be part of public record okay and we'll double check to see if it's three or two um so this is this is just laid out uh to the better talk about the the actual space itself can you go back to the the first sheet the thing always the confus want to look at it around the um uh the north side that you have double you those double lines all the way around and it was always confused yes all the way around looks like a bicycle path almost so this the double line there's two property lines here okay this is the abd's property line this this is the restaurant's property line and then this is an actual property that's set back out in here it's a it's another lot so that doesn't and their Frontage is on is that right so that that little strip of land is owned by somebody in the back yes it's AET block y oh okay that would make sense okay thank you not right not right okay to talk about us sure come up here I see the new drawing has our property line name and address please uh Norman buck one W turn Circle right over here yep this is our property okay so the the this line is part of our property it's not a line okay so this line should not be on there I see that the updated drawing they put our Cy line marked on there even though there's Dimensions running off of here to the other proper and this this property line doesn't exist okay and this this keep coming around here run we don't have we own the whole field back there is there any contention with that can I speak to this go ahead so uh Catherine's 5 140 Road um my mom Nancy owns the property the lot in question it's zero hor Neck Road um there's they call it a wraps tail um a 10ft wide strip from horse Neck Road with 150 ft of Frontage along horse Neck Road that leads back to our property that's what that is this should end right here it does it does it does so this is your property line the inside and then this this property line is inside this line does not exist for I guess there's some some contention that does it is there is there any contention with their property line their property line as shown on here is correct okay that's I think that's you know this other line is it right now for us that's that's extraneous because it's outside of their property but it's shown connecting to the rat tail going down there which is not correct no okay okay thank you thank you very much clear enough go ahead do you want me to go through the details here yes um so you open it up the uh uh the barer preast concrete single face barrier which is also known as a jersey barrier this is what we're proposing for the outdoor seating y uh in this area so it's going to go it's going to be like a u- shape all around it yep okay hatched area here is the outdoor seating yep which is set back uh 20 ft from the edge of roadway 10 ft off the property line okay um and then we are also proposing uh concrete curb stops um on these six spots here and then along the face um on pnac road the parking here the eight slots were also calling for concrete um curb stops there the Bolder detail uh we're putting that with the bike racks are going so no one actually can pull in and park in there so that will be blocking off that area so that um uh it could be utilize for uh folks that want to show up with their beach bikes to have lunch or dinner and then the other detail is the actual uh the rack that will be used okay uh this is just a more zoomed in uh image of the uh of just the the parking the restaurant and the actual um seating um we so we show the existing uh parking all 70 spots uh we do show uh some table set ups um out in the uh the seating and um we show the bik racks some of the landcaping is in green is there anything specific that you would like to talk about why this one's up um couple of things I see here the waiting area within within the jersey barrier correct okay what does that consist of that's a bench I think that's the uh the intent would be a bench that someone shows up talks to the hostess uh and is looking to to get a table they would be able to sit in that one location designated away from the the travel uh of waitress or weight staff um to be able to serve those tables uh the um is is that sufficient um size to meet the demand of people waiting it looks like it only take maybe four people sitting on that it's pretty wide it's the it's the whole landscape area um so I mean it's almost this area right here is about almost 30 ft long yeah and then what maybe we're looking at two different things there there's one area here that's awaiting uh waiting area Okay and then you have one along the Jersey area Okay so between the two between the two you good enough now will it be people standing and Milling about with their drinks only within the allowance parameters um not outside within the jersey barrier area that is um eventually the intent would be to allow people in that area right now the the alcohol license is only for the patio area that would be we can't seek to amend that until we have a something finalized here so right now we're just talking about the patio area for the drinks under the existing right situation but the intent would be that this EXT area would would also accommodate some of the people waiting yes and and be more constrained and you know than it was in the past corre but that's subject to approval from the select board correct that's not part of the existing you know um petition and then uh I'm curious uh when we spoke on the phone um uh we we were still talking about Boulders and smaller rocks and so forth um what um uh what made this change the Jers Jersey barrias I think in discussion with you the safety concerns that you and others had did you find out more about the safety whether there were R so the babaria was really picked for more Aesthetics to sort of be which I'm concerned about yeah which was pick just to fit with the neighborhood you had the stone wall next door it was um being used for aesthetic purposes uh from a safety standpoint it's hard to certify something that you know that what you guys are looking for so we went to a jersey barrier which um is a safet I mean each piece is 10 ft long it weighs about 4,000 lbs it is going to get towed in it's not just going to be left on the existing ground we're going to we're going to tow it in about 10 in uh it does get all pinned together so it's uh it's a pretty to address your safety concern we went with a more robust and that's a pretty standard application and you can always put plants in front of it to beautify it that's Ralph uh we had talked on the phone about it uh to check with you to find out are there any uh safety uh regulation you know like there are building regulations build like this it's more of a safety thing and the engineers address it with these barriers so it's not really a a building part of something I would look at this was being built new see our concern when Roger and I spoke was uh the potential of the Town having any liability if if we formally approve a plan like this uh and then somebody unfortunately happens to get hurt because uh something happens there um we we didn't want the town to become liable so that's why when I spoke with Peter um we would wondering whether they the state or or feds or whatever had any kind of uh RS for that safy not to my knowledge okay unless they're installing on on state property so just just common senseon sense seems to think that this would would be okay personally I don't care for Jersey barious but you know they uh like he says up alxi L I believe they just set on they just sit on the on the pigment that's there and it's not very pretty no so we can make ours pretty you're make I have in that yeah I appreciate that paint plants you know we can we can get get around and that's really up to you right right as a business we've all seen in the news how many times people have run into Dunkin Donuts and people's houses and whatever so it's not a it's it's not a way out Theory I mean this this happens like every day yeah so you know people s you know so we that's the reason why we were concerned about that uh that open area where you know you know within a few feet of worn Road it's not an if it's a when thate it's not an if it's a when it's Happ right right so the Jersey barriers that's I kind I disagree with the contention in one of the letters that said the chances they instruct by light we do see this every weekend on the news so cell phone no no no we'll wait for public until we get through with our comments okay um so just remind remember what you were going to say it would just address your issue that's all Aesthetics okay um so I mean there's really not much more I I'll flip to the next page which is just a more zoomed in image of the uh the expanded outdoor seaing area which um shows that it's only in about uh from from the Jersey Barrier over it's roughly about 23 and 1/2 ft we uh we made it 472 to be able to Encompass the area to sort of keep everyone sort of within this space um coming off the ramp and you're sort of in here and you have a a lot more control with uh the patrons uh coming in and out and getting and grabbing a table um we are going to expand uh this Rock area here uh just to sort of block off anyone from coming into the bike path so the Green Space will stay we'll add some more um uh stones to the uh the pile that's there um this one will actually stay um J you wanted me to sort of label the utility poll the utility poll actually with this the way we have it set up actually uh helps everyone it's sort of out of the way I think there was some concern of it getting hit um and now it's out of the way because you're literally parking at a 90° angle you're backing out and getting out on hornack road so it's a I think this plan the layout where it's very efficient for the site and also for uh the restaurant itself yeah the bigger concern for the utility pole being shown was just a matter of perspective so we can see relative to where things were uh on where the Jersey barriers are going to be can I use your yeah of course I'm uh I'm pleased to see the B question the the top right that's also going to be Jersey Barrier correct you have your me of access into the area here or here no no go back where you were coming in where your figure was right there that right there yep okay okay I mean I can understand the I mean that's that's good I I I like it I think that concludes my presentation unless anyone has some comments now remember that um that what this is is a uh a finding and a finding in accordance with our with our regulations uh is is it more detrimental to the neighborhood from but from our lawyer standpoint it it is it is primarily things like safety and traffic and things like that not architectural so how they want to beautify the their Jersey barriers is is is not really a a finding issue uh it's an architectural issue right but there is a um an effect that need especially there right Mr chairman I just like to make two comments Robert fold um the way this is designed shell area has much more control over the flow of patrons and that's a very positive thing um and Mr Cino there's a Doctrine called sovereign immunity we should allay your concerns about the town being sued because it approved the Jersey barriers that should protect the town and I've never heard of a a suit like that but even if there were if got San immunity and the town has insurance so I think you can relax what what does that mean sovereign immunity basically you can't sue the the government unless in with um there are certain exceptions but I don't think this would be a big one and even if you can the amount of money is very small so I don't think you have to worry about it you know how these lawyers are right wied they're awful I'm glad you put together this uh expanded view of this this is really helpful so what's the normal setback 25 ft off the street I for a structure for a structure I don't right this does not apply with the 25 because Roger and I talk spoke about that and uh it's be like putting a stone wall around your property right long as it's not in the layout of the road yeah and um the U another thing that we did with this was show the number of people at per table on here that wasn't before and we did clarify what that square thing was Roger and I that square thing within the seating was just a square thing we didn't know what whether it was a bigger table pic it's a picnic table okay does it indicate it's the old it's the old visual I think you didn't make a note about that being a picnic table first first on oh the first drawing the new drawing yeah she C okay don't well I mean you really didn't have to put that information in there because that's not really perent uh say have 30 seats total you just the whatever 82 seats total for the rest right it's it's intended to be Flex so long as there's 82 seats total for dining right right so you know it's weather adjusted as it's noted there so if something needs to go more back under the awning or outside any uh you've done a really good job of updating this uh I think this has gone long way uh any questions from the uh from the board before we open it up to the public did did we determine what the those two bump outs were these yeah oh that's the existing stone wall That's St so we're going to be EXT extending the stone wall that's here to sort of close off this area and allow just the bike traffic through here we're putting a Boulder Boulder on either side so that folks don't drive into it as like they think it's a parking spot so we're sort of fencing that off with these two Boulders and these two um is it actually a pile of rocks or is it I think it's Stone placed wall like bri and stuff so there's um there's plants and then on each end of the the plants there's like a it's not like a stone wall so it's not as square a pile of stones it's not as Square as that showing you know that showing like a okay well we we we just didn't know what it was yeah okay I went down and you know tried to figure it out but I figured it was just a vegetation yeah it's kind of um on each end of the vegetation that's there yeah I think y'all have done a great job in answering all the questions so if there's no other questions from the board I'll open it up to the public so I know you had a comment yes sir um can you come up and name and address my name is Steve kton and I'm a long time visitor of that wonderful establishment my favorite restaurant in the whole world the Bayside and wonderful family yeah but they're not open all year what do you do in January I know well that's a good point because their business model is is they can make hay when the sun shines right and this is only open to the public um for the period of time when people are willing to sit outside you know and that's just about now when it starts to happen so and that's very weather dependent so otherwise people are trying to get inside but one thing that might have uh maybe been not touched on is the design aesthetic that this gentleman um um brought up and this would be very easily as a base very easily covered with a veneer of stone to address that sort of relationship between the Autobon stonework across the street which is wonderful and sort of match that so was with a base of of the jersey barrier which accomplishes the the safety aspect of it that's what it's for that's what they do so it's design that's it adding Mass to that a small pineer of that Mason could just F that out in no time at all and it would look awesome um on top of that could be planters that cat had mentioned and stuff and such and and the design aesthetic would make it look very like it's been there you know to match the adjacent masonry that's across the street so and that does make a difference because it wants to look at a jersey barrier it's not going to be painted with graffiti and you know something like that but that so just to just ass sure that it would look awesome and being an added it in an addition as opposed to you know an isore you know for the Neighbors in the community oh hadn't been mentioned and I thought maybe that you know might have been better you SE so the jersey barrier okay okay thank you anyone else you again I'm going I live next door one Easter Circle I uh want to say thank you thank you very much for Ling out the drawing for the parking in the way it has been for the last8 years it has worked for us I hope it's worked for you and I hope the restaurant does well I just want to make sure that I don't know who looks at these drawings later but just make sure the rat tail that's on there is reconfigured so that uh there's no question about where the property lines are okay okay thank you it my name is danling from 123d Street and I just like to say that the uh Biz been good neighbors for 35 years that I've lived there and I'm I support this this request there okay thank you i' like to go get a lobster roll right now I with extra butter and and a pickle right yeah hi I just my name is Dean Ling from 123d Street I just wanted to touch on the safety concerns that I heard mentioned before um I've got a couple couple of daughters I've been bringing down through the parking lot for a long time for like you know 12 years and longer than that in infant stages I've never had a problem I mean there's never been any issues with safety and it's a very positive thing in my opinion so I'm 100% behind it good thank you thank you anyone else I'd like to uh make it contingent upon them opening throughout the winter Jer what about breakfast yes I mean one of the things when when we were under Co restrictions there a few places you could go and order a lobster salad sandwich and have it and and go pick it up and actually have one I mean it's I mean they were very very uh supportive you know during the the the covid pandemic some of our nicest memories uh uh regarding basai was uh um many times in the winter time when there weren't a lot of people around um and it was stormy and really messy and we'd be down there and and it was like a family just get together it was you know really nice but I missed that you only live a mile away that you only live about a mile away right well I I canc Jerry I used to go uh for Valentine's Day but that's no longer yeah an option so why do you stop the so you have the car stops but you stop the stops after a certain period of time up on especially round number 12 like from 12 like you look at the 12 parking spaces there on the to the right of the patio here yeah I mean you still have you still have seating there so I don't understand why car stops so the original intent for the car stops was it was the first mean right of uh protection if if a car did get loose in uh ended up impacting it so it would be the first impact and then you would had you had the jersey barrier so that's the only reason I only went up six and then on the front we we only went up to the uh the six spot because of deliveries to be able to back down and take deliveries any other comments questions and I believe the other thing is is this this landscape area has tenders all over it so it almost acts as a concrete stop also if there's no comments then I'll entertain a motion to close the hearing I'll make a motion to close the hearing a second second second all in favor say I I I oppose no all that means is now the the board will deliberate uh we don't take any more information from the public unless unless uh we need something uh uh expanded upon or resolved uh I you know I think this has been a really good improvement from the from the original you know uh with the improved uh safety issues which was really our our only main uh concern was that this being so close to horse NE Road and knowing you know watching the news how many times people run into places they shouldn't be uh I think this from my viewpoint this pretty much solves that issue and you know I I don't see any any any issues with it at all I think everything's positive I agree so um any any discussion before no I'll letain a motion then okay I'll make a mo I'll make a motion let me see the um first of all you have no issue then with the uh the additional handicap parking spaces no okay cuz that that will be on the revised plan yes we we'll uh annotate that plan that will be part of clar it's two and three that's the only thing I need Ralph you sure it's three sure it's three one for every 25 they're at 70 spaces so let's mark it as three you got I just want to look on the you could cover that in in the motion by uh indicating that the number of handicap will be as required by regulation hasn't what we want to do is we want to update the plan yeah hasn't the Bing been the same right along so isn't it grandfathered at that point we're we're making we're we're defined the plan we're Define right so are you looking up something up back there or yes that's what he's doing yep threee I got it so is it based on total or is it based on the requir one for every 25 spaces you've got 70 spaces 25 is one space 50 is two spaces and because you went over it's three spaces so let it be written so let it be done so any issues with that no okay okay so I will make a motion to Grant [Music] the um let me see this is to continue uh to to Grant a finding that expanding the outdoor seating area to include a non- deck sheld area proximately 18800 ft in front of the existing wooden deck where seaing had existing for a long time shall not be substantially more detrimental than the existing non-conforming use of the neighborhood as mandated by zoning V Article 5 Section 5.23 subject property located at 1253 Horseneck grow Westbard mass and is shown on cessor map L 76 L 40 and uh the uh uh the only condition being that the uh that the uh that the the plans provided and modified at this meeting become part of the public record second out any comment yes I I would like to uh suggest that you consider revising your um motion to uh the 1270 when they it says it says 1800 I think well that's when they first came in not to exceed or yeah yeah so so so this is the 1270 so so that it matches matches you have any issue with that cuz no okay so rather than what you asked for is approximately 1,800 ft you're really asking for 1270 ft yeah or we could even say approximately approximately 1270 and in conformance with the plans provided today so with that amendment I have a motion do I have a second I second any any discussion uh all in favor say I I I all oppos no record shows unanimous there is a 20-day waiting period so go building stuff for 20 days and you know and uh hopefully in a while we'll be we'll all be there and having watch the salad sandwiches at at your restaurant all right thank you thank you good luck thank you very much thank you Peter make sure she so Jerry for what it's worth before before I did this work I was a Tor lawyer in Rhode Island and worked on catastrophic injury cases drunk driving cases dram shop cases Station nightclub fire was one of my first cases that I worked on and so I understand your concern about about that and was definitely wanting the safety issue to be concerned to be addressed a matter I think it worked out okay right can we clear the area please we have more business good night good night good night okay um next order of business is approval meeting minutes for April 10 2024 Maria's put together Mee minutes uh we've all reviewed them commented on and I and assume Mar you You' Incorporated the comments so I will make a motion to approve the April 10 2024 meeting minutes as provided by by Maria do I have a second all in favor say I I I I'll oppose no that's unanimous I'll sign this and on I have one here from February but I assume I I signed that and gave it to you already yeah that's I think that's your copy yeah okay well it's one that's usually you give me a u Oh I thought I did and this one's yeah okay you probably took okay um there any other there um I assume we all realize that next Tuesday is the U pound meeting uh is the uh the articles for the town meeting that really have copies of of which there are some some drawing issues the one is the shortterm rental and the other is the res Zoning for essentially the six Corridor uh that's next Tuesday at U 7 at the uh High School 7:00 new high school or old High School Middle High School whatever they call the new Middle High the new yeah um there any other any other business that uh oh I there is one thing Ralph um can you give us an update on whatever is happening with the Emeral property on drip road if anything nothing have we I mean we've been through this with them now a couple of times are they still under a stop order the building is supposed to be empty I can do a status on it yes would you please do that okay the only way we're going to get him to do anything is to start finding them yes yes yeah so if you can if you can do that there somebody in it that has his Z Val yes right so we're having another meeting at the end of May so maybe we can report that at the end of May thank you could I ask Ralph a a question just so we we can all be educated on on Sat Ralph in the past you've indicated that um if I owned a vacant piece of property and I came to you to get a building permit for a barn or a workshop or something and there's no residence on this property right uh I understood that um you couldn't issue uh that that's that's what I got at a meeting in this room there was a a a question of a piece of property because it had no it had no residence on it it couldn't be um built on unless it met the requirement of 154 to 460,000 Ft okay so if the lot was undersized they have to come before this board the way I understood it from you people now this is going back ways now yeah uh but it have to come to this board so pretty much on variance or finding that they could do it provided something was going to come so the in the um in the instance that I just mentioned assuming there's setbacks and all that you could do that if if you if you had 154 460,000 foot lot and you came to me and you said I want to build a garage on that lot I could give you a perit because the lot conforms to the lot size as long as the structure that's going to go on it meets the setbacks okay the problem arose when a predecessor of mind issued a permit to a property on the Stanford Road area that was a vacant lot that might be mine it was a vacant lot and it caused commotion because they put a garage on it the TR what it was was the garage Drew other stuff to it drew like the guy wanted to be do because he thought he was within the range of Route Six he thought he was in a commercial Zone see they most people think sord road is mostly all commercial but it's not right only comes in both 177 6 that's it the rest of it is pre-existing nonconforming whatever commercial is in there okay so I there's a few places on Sanford Road I have problems with once a while there's two of them I'm watch it right now but in general in general you can do it and then if the person chooses to build a house on the property later that's okay but but it's also not necess not necessary stru because a lot doesn't meet the requirements yeah because we the reason I'm bringing it up is because um we've had a lot of times even with u when when our attorney Town attorney's here um that um uh you a garage or such building is considered to be an accessory to the property prop and he's indicated to us if there's no house it can't be accessory nothing to be accessory to uh so I'm trying to get get that clear in my mind I got a piece of property that my T record card says accessory dwelling and that's all I've got on I mean you can't put a house on there's no se there's no place you can put a sep so yeah what what what I've been doing is if if they've got something like that they apply for a pyramid I deny it they can appeal me to this board sure and then let this board decide well we'll let them have that structure and that's all you can have sure go do it that way all right it was it was a thing part up a while back it was a while back thank you okay Harrison was a chair any other business or discussion I make a motion toing this meeting I second we're going to go out for a little bit train practice right and