okay it's 6:30 March 20th I'm going to the board of appeals United States of America the stands na God indivisible withy and justice for all General 3 this meeting is being recorded first order of business is petition continuation hearing on application of teny applicant and Julia craft owner for a to and it's shown on accessor map 88 17 Again U the way this this meeting will be held is uh we'll allow the petitioner petition representative to provide information the board will then ask questions I'll open up to the public but there's no public here uh before I start Cynthia you you voted previously on the original and the continuation the other one you already took care yeah so yes one on is done yeah so this must be mine must be your okay according to our the zoning rules and procedures uh the five regular members are supposed to be the voting members however there's also a provision that if theard by uh uh by majority vote votes to allow an alternate to be a voting member then uh then we can do that and so I am open to a motion from the board to allow Cynthia to continue since she has been the voting member for the previous do I have a motion to do that and on second all in favor I I so the voting members will be Cino barbert Pono con e Ray Elias and Cynthia Kaz and name and address Tim 137 orog in the continuing drama of this particular project um L Potter is designing a drifing septic system but the issue of the well being closer than it should be well not closer it but it's it's got a nitrogen level that is in the state standard but not in the town of Westport Bida eler and so if we have to we're going to drill a new well too but what we're doing now we suspect that the water in their well we're going to test it again we'd like to test some of the neighbors Wells as well because we're not sure if whatever the reading is in their well is a result of Their Own septic or one nearby we don't know but what what ultimately is going to happen is we're going to get some water tests we're going to try and make a judgment there with the help of the Board of Health and if necessary we're going to drill a new well as well as build a new setic system so we're requesting another continu and we figure we might as well go out at least two months because we don't know how soon this is all going to happen so I've got a form the signed I got a check for $100 and all I need to do is put a date on it and what will work for you guys well first of all you have to request a continu because continuances do not have to be granted oh okay I'm requesting a continu I think he has valid reason to get that continuance it's not because anybody's Dilly ding to do the right thing so support age yes we make a motion and then and then and then decide date okay I make a motion to break the continu for the case of 10 Hillside Road take the phones I would say some some give yourself enough time because we don't want to be doing this no we don't want to do it again either end of May sometime hopefully we'll be all settled by then so 29th is the end of May works for everybody now only has to have an approved plan to come before us doesn't have to be constructed all we have to have is a letter from the health department he doesn't have that I watch I yeah they're going to try to understand they're going to try to use existing tests that are already in the area for people put in yeah we went around and we couldn't find anything that was useful some of them were so old that they weren't meaningful um and there's one property in particular that is just to the South it's very close and we're going to see if we can get the neighbors to agree to let us test their Wells I don't know how to that one way or another we'll get what tests we can do we're going to retest their well to see what the situation is there if the if the water test comes in better than it did last time then they say well okay let's use that well then we'll just go ahead and build system the rain hasn't helped either the rain we've had hasn't helped yet yeah that's true yeah so we'll see we'll see how it goes May 29th 29 so you want to repeat the motion okay I make a motion to Grant the continuance for the case of 10 Hillside Road until May 29th 2024 all in favor unanimous so see you again great than do I sent everybody copy of articles that are going to go in front of the town for no let's do meeting minut first February 7's Doe uh Maria put together the meeting minutes they've all been reviewed for February 7 2024 so a motion to approve the meeting minutes for February 7th 2024 motion February 724 second all in favor I oppose now that's unanimous okay so now we can get on to zoning changes for the next time meeting now it's actually a fairly lengthy document that I sent to everybody but put it out yes um there's only about one page that's really pertinent to what we do the rest of it is planning board stuff because it all has to do with group six it's it's rezoning group six which is which is a planning board issue not a zoning board issue the plan the the zoning board is essentially the the short-term rental U and what has happened on that of course I mean I give you the Brief History of Time uh we have a subcomittee with members from the health department the planning board and the zoning board of appeals to develop regulations for short-term rental because the town doesn't have any regulation for short-term rental which technically makes um so U we did that and we we approved a set to go in front of the planning board now the process is it goes to the planning board they have open hearings then they send it to the select board the select board then sends it back to them to say okay you know clean this up and and make it ready for a warrant u in the meantime what the plan originally was going to be that the health department was going to oversee and be the uh where the applicants would would go to to get an applicant for an application for short-term rental it turned out that it was going to be more manpower than they could support So at the last minute all that changed and uh went back to the planning board they readjusted it so it's it's U it's trimmed down a a bit there were some things that were uh eliminated and the major provision is that the um well not the major it's the the no owner shall operate a short-term rental without first registering with the building department so it's going to be the building department that will be responsible for the application for short-term rental um again it's only uh it's a through J requirements kind kind of like our our accessory Department a through J as well um it is a little bit trimmed down from what we what we had proposed as part of the U the subcommittee however because it's we're trying to do a balance between protecting our neighborhood and allowing short-term rental and that's a kind of a tricky balance to do what is in here I think is reasonable one of the things that they added uh that um I think is really really important since we trimmed a lot of other things off is a minimum sday stay what what um all the issues we've had recently and and the health department has had several have mostly weekend parties so eliminating weekend party people uh we're hoping will will make the the uh the neighborhood [Music] more you know would be you know less impact on on the neighborhoods because now you essentially probably have more like a family stay rather than just college kids for a weekend got college kids for week mondes 20 something but the other things you know there's a a lot that is very cut and dry you have to have sufficient parane you I mean it's just all the basic necessities of of having short-term rental um there's also violation Provisions that say Hey you know if we find that you're not complying with any of these then then we can take your license your application away for six months at a time you know that all that it's not I mean it's a fairly that part of it is actually fairly short so that's what's going to go in front of the of the town and I don't know if everybody has read it or if they have comments on it um I guess I will probably be the one speaking on it as part of the uh at the T meeting um I think it's I I think it's reasonable uh with without having a lot of extra resources you know having somebody just overseeing short-term rentals in the town just can't afford to have one person just to do this um you know I I I think it's it protects the the neighborhood enough and yet it allows U short-term rentals you know by right and essentially it's going to be a by right for all districts so that's you know if anybody else has any issues with it I can know that before before the U before we get to the meeting so that know when I get up I can talk I I you know it's not necessarily something we have to vote on here it's just you know I do want to know how everybody feels about it because eventually if this passes we're going to have to administer so if we have any issues be the time to talk about is so we you know we do have you know we do have another you know at least one more meeting before that so we can so I appreciate if you're a look at at section 9.10 and you know let me know you know if you have any you know strong feelings one way or the other and again it's it's a tough think balance the rights of the neighborhood versus the rights of the renters you know like I said personally I would have I would have liked better the the the um the provisions that that the subcomittee had had developed I think they were much more detective but I think but we didn't have the sday stay and I think that actually adds protection you you know some of the other things this is being all over restricted days and also says that no commercialfor it and and just like enforcement of any of our zon bylaws it's by discontent if somebody complains then we'll take care of it because we don't have a zoning enforcement officer we have a zoning enforcement officer building inspector just going out looking for violations Zing by neighbor zoning by neighbor correct think s keeps to the spirit of the history of I we get an opposition on that think we need to something so know I know we've done onee last year that they made changes am so I think maybe decide if we're willing to do a two night minimum if that's the only way it's going to pass because it has to pass if not the town is collecting money from illegal activity so they're going to have to stop collecting they're going to have to stop collecting the fees because it's illegal so so it has to pass so I think we I think the they made the biggest discussion is would we be willing to go back to a two day or 3 whatever if that's where it takes pass it if it doesn't pass we're going to be in big trouble right because everybody is illegal so everybody's illegal and the town is and what the town should do at that point is get the list from the state and send a letter to everybody saying cease and assist yep and we can't collect the money the tax money that we're pay that's significant but you know over $100,000 a year so personally I wouldn't you know seven days is fine I wouldn't want to go L five personally because even three just that's just long week just a long weekend and that's still that still is pertinent to a party house so and you're right we have to worry about what happens with amendments and you know there's some point that we at least again personally you know I would just say you know if we if we don't have some protections for the neighborhoods then I would be in favor of just not passing it IE and shutting everybody down agree because we need to we need to do something be signific economic that could shut lead down really could I mean like you don't if we don't have some people coming in here we don't have like like you know you know I've heard that a gazillion times but what that's going to do then because I don't really believe that because the it's not the houses will will will then be will then be utilized to residential so there's going to be people still buying things doing things whatever if just not going to be rental people it's going to be residents not necessarily it's PL the house isn't going to sit there empty yes it will no they s it not necessarily well anyway that's that's there's going to be a lot of houses in the harb they're not selling they're family houses and they will not sell those houses family they're going to sit empty or you know and they're going to be in disrepair and why don't we just wait and see what Happ no I'm just saying that we need to be prepared that that we need to get this to pass yeah but we have to prot we have to provide some protection for the neighbors right I mean no none of us sitting here no I was I I had in front of me I understand you know but the thing is it's also very it's ingrained in the town and the ingrain in the town is usually a week or actually more likely a month right and that is where I'm okay with the seven I just think we need to pass it because if we don't pass it then yep we're going to have a problem yes I agree town I agree we're never going to enforce it well and I'm hoping that we I don't know how they're going to run uh the uh this this article this it's one article which also includes all the zoning stuff so we we better do it in pieces because I don't want to be lumped in with all the zoning changes for group six because that's going to be a huge discussion right and uh so uh you know I'm going to have to talk to uh to Jim Mar to make sure that when we get to the town that we break this up into pieces I would think so traditionally we're last everybody's and traditionally it's last and too yeah that this that may not be good I'm not sure but anyway we might not get many comments up yeah um okay discussion regarding dog C okay that's simple enough very simple thing U this came from a request from Kristen our town clerk um she has to talk to me and I there was some issues from the wording of our last decision relating [Music] you know where to [Music] find so good Lu thank you so anyway the is a separate issue of our existed to that issue really should be fixed and that is of State us about it Bo anyway anyway this particular one the issue is I think it's a matter of semantics frankly um our decision the most recent hearing Mr T one of the conditions that we put in is the dog to be licensed that liced uh accordingly with the town clerk well with a kennel uh the dogs not so they're not all licensed individually so that word license was concern to my own suggestion is simply that we change words we know what mean just they get register follow theer rules licing yeah Mr T's dogs are always required to be Li they adult dogs mr's dogs are all adult dogs they're all hunting dogs so he has to have all of them just like you do is this who does it as a business for boarding so they might take a dog from ton or Dartmouth which maybe I don't know if anybody doesn't require LIC the dogs that they bre yeah they have right but that's anyway so what I'm saying we can very easily we know what is follow the rules and so if we simply change get rid of the word license and say they follow R rules the same but you want to change it in Mr tb's decision it was highlighted she I discuss it with the board yeah only exact me dogs only need to be licensed by their owner right so if you have a kennel where you're taking in people from other places I know my kennel Connecticut requires actually and that may be something we require of a kennel that all their dogs whom they take in are licensed right because I know when last time I took took my dogs to for for uh kening and training in this place in Connecticut they actually made me show me show them my dog licenses so I think that's something we should do in town that every dog who is in a kennel let's say like American Kine or the one up the one that you know right here yes that all they can't kenel them unless they LIC whole point is that many of the Dos in do not have and do not acquire right because I law they don't right exactly we didn't give him a Ken we didn't give him a Ken license that's right and and and we told him he had to register the dog yeah and he should registered the dog because he owns them I believe that though the town regulation is that you can own three dogs they all have to be licensed yes with a special permit you can own up to six dogs and they all have to be licensed and we let them have seven dogs now anything more than that is a k and that's and that's out that's out of our jurisdiction and then and then it's the licensing is yeah it's not necessarily every in the has and I believe that I didn't look at it the town regulation actually says the dogs have to get license that just well that's well then maybe which is true by their owners right so like there's either there's two types of count there someone's breeding dogs right you may have three or four dogs you know most most of the time right like or sometimes people is Breeders they have they have you know a bunch of girls I will use the the proper term um and they get them knocked off and then they have a lot of puppies now they have more than seven because the puppies they don't need to be liced too young dog's under six months old right they're like but those whoever the the the breeding dogs need to liced as and I think when it says that if you have a penel that all dogs need to be licensed sort of goes to my previous comment that my boarding facility requires that proof that my dogs are licensed and I think maybe that's what we make have to make clear to the people who have boarding facilities in the town that not only like they have to ensure that the dogs they're boarding are LIC in Westport Timon wherever their their owners are which I think is probably you know not a bad idea yeah the zoning board appeal our only effort is for the dogs the three dogs that you can own and up to six that you can own kennels are out of our jurisdiction okay good so they can figure out that kennels according to the state it's managed by the town clerk that's that's what that's what the state want say what by the town clerk's officer she asked to talk to me okay she brought this up it was as far as I know it was this decisioning of that decision about license and she discuss with people but I my opinion Mr T go and register his dogs this year CU he he already had him registered before he's registering again this year and this comes up cuz we said he had to register dogs now that's why yeah right and he probably went for seven and she said who I can't right but he has to have them all he not a have more discussion ask myself the I don't no I'm not changing the decision no I'm not you keep pointing to this that's no I'm saying that word license sorry do you have the key to lock the door or I'll okay but isn't that isn't that the requirement for Westport I think the word is license not for a dog under oh they know yes yes for dogs under you don't need a license so she saying she like license as a condition well it should be so so put the license according in the town unless they're under six months old he's not allow to have I mean where where do you want to change this because you keep pointing to this thing and not that's what brought it up right where does she want to change but where does she want to change in the future any future decisions that you make about dogs she would like to not have the word license well what I would rather just say is all dogs over the age of six months must be LIC I think this is special in this case that's what that's what a regulation is even that weak what's that if at the next town meeting they change it from six months to that's the by the way St Law whatever legisl changes you got change you just put down must abide by the rules I don't but this decision is very specific to Mr test because he had dogs that were pre-existing he didn't we didn't feel the6 month old on and and basically you can you can continue to register license seven dogs in without a kenel license but you can't register anyone's that you new dogs thator that that was a temporary condition too yeah but if we were one di it say could keep yes what we would what what you say would make sense if if we could then just identify the in accordance with rather than just the town clerk we say to well the town diw section whatever so I don't think we're ever going to have a situation where we give a special permit to seven when we really should only give a we allow them to have seven instead of six somebody else came the six that we get the special permit rep are not penals so therefore anything that we would write we would still write that they need to be licensed because they're not a kennel anything that we offer a special for right after special after the six it's a you get the seven and it's a Kenn and it's somebody else Jiggy in town right I think she saw this as being because she said when the zoning board I think see Miss red we're saying that he's allowed to have this according to the zoning laws right special permes required for between four to six dogs all right he has seven seven are requir analyzes we decided to be nice and say you don't have to get we also told them is is that if one of them when one of them dies he can't get he you know he has to be down to six right exactly what he said was we don't want you destroying the yeah right so so I think the C clerk is misreading this decision that because we did not Grant a kennel license to Mr T so I don't think I think that's where she's having a problem she thinks oh he's got he's a kennel I got I can't this shouldn't have to be licensed but no he's not a kennel and it's very clear in this if he would read if she would read the whole decision we did not give him a Kenn license well the the next time this comes up we'll have to um make sure that we word it such that it's um everybody understands it yeah like it's not hopefully it never comes up again right it's have had two yeah but that's six right out of the 10 years I've been here but that's have we ever gone above the number of six dogs no no right so six so but six is not a kenel and therefore they all have to be licensed I think this one had special circumstan yeah I think yeah right that's why we made the decision we did I mean we weren't mean they older dog he has them we're not going to have give one dog up and not going to run him euthanize one dog right right that any other any other business I think I was just saying probably here we should have said we'll allow Mr T to temporarily keep dogs without a Kel license right that would have been clear yes yeah I make a motion to the meeting second all in favor