e e e I'm ready if you are okay uh I'd like to start the Westport planning board meeting for today August I'm sorry April 2nd uh it is 6:02 uh we are being video recorded and video streamed live on YouTube and over the cable channel uh first up our administrative items uh we have a pre-application consultation file number 24-11 Pac request by web Westport solar 0 Division Road owned by web Westport solar LLC map 48 Lot 12 between 663 Division Road and 757 Division Road to discuss a site plan approval for a proposed ground mounted solar installation on 26.13.6 happy to go right to questions um so stop me at any time so as you mentioned we're here to seek preliminary feedback um this project will be seeking site plan review and special permit as we be located at the residential agricultural District um as sized currently it's 2 and half to 3 megaw DC um I say that because there is a range the final panel hasn't been selected at this very moment um but that would be selected prior to full submission of the special permit application for the smart program B battery energy storage will be required as part of this since is Project bigger than 500 KW the ground would not exceed the 15t Z Max height the current Parcels generally isolated with forested area on all sides of the project as you can see from the site area map on the front of the sheet um as the chairman mentioned the closest lot technically is 757 Division Road it's where to be the former Westport Air Park um just to kind of locate you within town right on Division Road there um we do propose 11.6 Acres of clearing within the project parcel under the 12 acres Max dictated by the zoning bylaw um and the Topography of the site slops gently from Northeast to Southwest it's about 5 foot elevation change over 800 ft from the northern limit of work to the southern limit of work the proposed site entrance um is a 20ft wide 25t wide throat which tapers down to a 14t minimum width um we seek guidance from the fire department prior just to get what they would like to see they said 14 ft and we were happy to comply with that um they dictated that this would allow the fire truck to access the major electrical equipment whereas a brush truck would be able to drive around the perimeter of the site um they also ask that knock box KNX boxes for fire department access would be provided that would be specked on the sheet as well a 7t tall chain link fence per National Electric Code would be installed with the 6 in gap above Gade we used to call that a critter Gap but we've kind of moved forward which is the 6 in gap now um the noise generating equipment is primarily located on the equipment pad it's 200 ft from the property line and 800 ft to what would be the closest quote unquote structures um as you can kind of see from the aerial here there's a pool that I considered to be a Quil goat structure because there were people that made be using it that's 800 ft um or The Barn at the air park down to so of the site as proposed it's a 25% storm water design we wanted to seek feedback prior to going through the whole process of doing full storm wire for the site the ground wire elevations that we were able to pull say they're pretty shallow so we have to go with a larger wider Basin as to hit our capacity um we do propose this in the southern portion of the site a filing would be made with the MP um only a small portion of the site the site Access Road touches a small corner of the habitat um we would of course file with them either way and we would provide that determination with the board U one of my colleagues would be filing with the Conservation Commission we would on line as RIS or Ps and overhead wires would have to cross the intermittent stream as to wind needed on site electric utility request a small gravel turnout turnout you can see this on c203 um and c204 uh that's just to get in and out for their equipment it wouldn't be for the developers equipment it was something the utility requested that he put into place just so a bucket truck could pull off the road and access any equipment they had on the PO um through guidance from Amy as well we listed the waivers that we would be seeking as part of this project this is preliminary and might change based on the feedback we get today as proposed we would ask for a waiver from the 250t setback from Division Road the solar panels would be greater than 250 ft and the fence line is proposed at 250 ft um you can see this on the site plan the actually eastern most point would be just for the limit of work for shading purposes and it would still leave 150 ft to Division Road itself I believe it's C11 if you're looking for the overall so this eastern most point would be the limit of clearing and that would still leave 145 to 150 ft out to Division Road which would be trees we would also ask for a waiver from the large scale solar side yard setback of 100 ft and to use the residential agult Al setback of 10 ft instead for shading purposes as primarily there are no direct views from a Butters as for stands um again just for storm water beats and well purposes as well for shading the waiver we' also finally ask for a waiver from the requirement that PL show existing trees of 6 or larger only for the sheer fact that we know we're clearing and it tends to completely clutter plans when you mark every 6in tree Haven lock the site a lot of them are dead or dying 6 in trees for R are out there at the moment we would of course anticipate making a full filing with all the request of documentation of 9.6.2 of your BW however we wanted to gain preliminary feedback and I'm hoping to answer any questions that you may have uh so thank you for that uh when you say you have a lot of dead and dying trees are they all oak trees uh I'm not a perfect arist out there I remember walking the site and seeing it's a lot of like wind blowing trees primarily because of the Wetland areas located in this area over here as well as some of the Wetland area delineated in this area over here it's a lot of what you would see from recent storms or anything like that kind of broken off halfway down um oh not necessarily Pine for my memory but that would be something that I don't want to qualify and upset the board with and the areas between a Butters or the road and the facility do they have a lot of dead trees also you're saying to this area this area is primarily Wetland species it's like 30 to 50t trees in there um it's tough when we get this much rain and stuff decides it wants to blow over but this would remain entirely forested within here our limit of work would only come up to the S line at the buffer and uh do you have to clear further south of the panels than we would so primarily we would hope to clear up to the side yard set back of 10 ft for what would be the res a zoning buffer um not the 100 just because to fit that large shallow Basin in there there's no direct view from an a butter nobody lives on this parcel here it's a big Wetland to the South um and primarily you have to drive by already I drove it the other day the adjacent owner has his trucks kind of parked there blocking the entrance if you were to drive on Division Road now to get a general idea of where you're going there's two new grand colors that you actually installed adjacent here it's a completely gated access so it's not like a public way or anything like that it would be the southern owner who doesn't have a home or anything there so the location of the the drainage basins um or where you're having the the ability to have solar come through without trees right it looks like say that again for me location of the drainage basins or to the South yes exactly we have this larger shallow basin it would be a solo Basin down here um again just because there's no point in digging down to groundwater right you can't get any infiltration or anything off of that so we had to do a large shallow Basin to preliminarily hit the capacity of the site depending your feedback there would be swes that directed water um that tends to want to run from east to west on the southern portion of the site and then direct it around away from the Wetland north to south on the western portion of the site so on this on this map um this big gray area that looks like two stone walls together what is that goes no all the way over here where it goes around the yeah that would be the limit of work for the um underground trenching the utilities said that we have to connect off the hor Neck Road um so that's the current least area from the adjacent owner um the road that they asked SW to potentially take should the project move forward um it's actually open Farmland at the moment until you get all the way out to towards horse Neck Road CH this is so I believe that's what you're saying you're going to tie into the existing utility pole yes out on horse Neck Road what would be the inset of c204 sheet c204 would show you a blown up view of how we would get out to Horse Road and we have preliminary feedback and full layout from the utility of what they would like to see right but from that point on going in it's supposed to be all underground yes correct so there would be a riser pole um or a turning Pole out off of forest Neck Road here and then we would transition down into what would be the utility own poles but after that we're proposing all underground the utility own poles there're still your poles with that's all underground from from the interconnect in once you get into the project yes correct well you're just telling me there's poles there we don't allow poles you don't allow poles off of for neck wrote it all no so um I'm a little confused about why you go travel down horse Neck Road with the interconnect for such a long distance before you connect I believe that's the closest poll they told us we could connect to Mr chairman um that has the appropriate phase for a hookup cuz we would have to jump across Road at some point and that would be her final Design coming from an electric utility I don't want to speak too too much to it because there hasn't been a full one line or three line generated yet um and that would take a little bit of feedback from par Source this is basically just the amount of polls and equipment that they told us they would like to see out that so can you give me a better indication of where you are on horse Neck Road in terms of a number wise I don't have a specific number for you I'm sorry um but out course NE road if you could potentially zoom in on the area why are the poles 25 ft apart I believe that's spacing based on minimum spacing that a source would like to see but what Manny's saying is that uh the one pole that's uh ever sources obviously has to stay but the nine poles that get you to where uh you move in an easterly Direction those nine poles uh should give way to an underground uh wiring right that's yeah ground ground mounted equipment yeah but you know CU poles every 25 ft I mean it looks like you building it tall fence yeah I can understand that again we we based this off of feedback that ever Source gave us of what they would like to see for equipment out there um based on my experience there's customer owned switches and then there's the utility own switches and you kind of have to have both out there um is my understanding of it we would propose other than what you're seeing is this north south primarily Direction I guess it's would be Northwest to Southeast here this would be where the poles come up and that would be the location of the poles there would have to be one turning pole here and then we would go underground all the way back out to the site until there is a rise and P um for the inter connect out towards the site we would come back above ground yeah but we we've we've come across this before okay so we have an underground bylaw and so so that segment continues underground until you get to the pole need to cross the PO and then all of the equipment what we're trying to avoid that the town is rural in character and then we have a bylaw which encourage encourages Solar Development we like to keep that either in former farmlands to help provide a Minal income to Farmers or if they are in a site like this they are hidden away from you and these this standard pole farm that they would like to have and have all the stuff mounted on poles it it just becomes you know an isore in the town that we don't want isour so we have we and we've worked with OS that that this can be all on the ground and you can do ground mon moned Transformers and all of those switch gear and then then the the only pole the new pole that comes up is the one you need to cross the road certainly so if I'm interpreting the board correct work with urce to see if there's any options potentially to move this underground and try and keep poles out of here minimize poles to the maximum extent possible so ever ever source again that you're they're going to be owned in in an easement by uce but you're the one that's building it and our bylaw says it has to be underground so everu obviously when everybody whoever's paying for it would prefer to have it overhead but we have a byla for it to be underground you got it so so does this uh require this leg that you've got from the Turning pole going south to the interconnect does this do does this require clearing from the uh right away from the public Road in a certain distance into the property it wouldn't necessarily be into the property but yes there would be some brush that would have to be cleared in that area there is a wellons over there and we would be mindful of that and that's part of what would be proposed as the noi when we file an noi with the town well is it brush or are there trees that you're having to clear to create this uh that's underground line whether it's underground or or a line of poles you have to do a clearing along horse Neck Road and doesn't say how what the distance is but um it's it's a considerable distance plus this uh what is the ever Source called this little layby for their trucks yeah just a little turnout for what would be a bucket truck for it's not so little I mean it's it's a considerable indentation off of Horseneck Road and you know again this would be quite a departure from the current you know scenery if one would call it along this section of Horseneck Road um if you have to clear from what is the current road uh the RightWay in Inland East a little bit to to have this uh this underground line so I would have a concern about that okay and what its visual appearance uh would do to the road it's a huge Wetlands Crossing isn't it we do propose um HD HDD horizontal directional drilling for that portion so that there wouldn't be a disturbance it' be about a 700t run of HDD where we would go ground obviously would be underground up into the proposed Wetland area but it would minimize any sort of clearing out there any sort of impact to the Wetland as a whole M except for along the road except for on whereas currently proposed the board is telling me differently and to go back and work on it but it's currently proposed yes we do have it coming above ground and that's where the primary impact would be and the property that you're going across here is that the same property that you're putting the solar panel on or somebody else's property that's owned by the BL chunk property so it's old Air Field and signed by Mr Gay before he sold the property to chunk and he authorized an easement that ran along that property line that gets us okay and what is this big gray line that's parallel almost to this electrical trench which page are you on uh c203 the thick gray line um this line here Mr chairman that's the abing neighbor um their access drive to the north when you calculated the area to be cleared are you including this whole utility way yes correct it's 11.6 Acres total it's a full full calculation off of AutoCAD we calculated the limit of work right and you're and you're including the access road yes the thing that jumped out to me is U is this issue of uh clearing inside the the setbacks the number one on the division road side where this supposed to be a 250t uh solar setback you're you're clearing inside of that and uh and you're also doing the same thing on the south side of this array where you're clearing right as you said earlier right to the property line and um you know I know you said well there's nobody living there but you don't know that that may be sold someday and divided and there might be a house right there the whole intent of this bylaw and providing these setbacks is that we and particularly in the case of the road we don't want we're trying to as Mr dor was saying we're trying to preserve what's left of our uh agricultural image as it were and to see an industrial array of solar panels from the public way from a road like Division Road or horse Neck Road whatever um the reason we're we're trying to we're trying to discourage that by ruining that Vista by having this 200t setback so you're I think you want to find a way to just my my personal suggestion is that you find a way to avoid clearing inside these setbacks they're there for for a good reason and uh you're also doing it on the North side you're clearing to the Mr melo's property line I don't know how he feels about it or who he is but any event my point is that in doing these in asking for waivers to clear inside these set facts there there're very good reasons why we require them in the first place certainly and if I may I think just pointing to the Mr melow aspect of it it is a landlock parcel based on what I've seen there I'm not fully sure the full zoning of it um but it is completely forested as is obviously you made the point of potential in the future um we can certainly propose renderings or anything like that I think that's certainly something we would provide for off of Division Road where we do propose potentially going into the setback just for clearing as I said that eastern most point where it kind of comes to a Crux there is still 150 ft of woods that would be left there um so I think that it would be minimal visual impact off of Division Road and we can certainly discuss different options um it's more to just gain the courts feedback on how they would feel about it since there's no visual impacts as it is as what we're proposing to the project certainly 150 ft of of Woodlands left along the uh Division Road is that what you're saying yes certainly and that's that eastern most point where it comes to kind of that OD Pentagon triangle shape that's the closest point that you would be able to see and again there would still not be any solar in that setback the fence and everything still 250 ft that's just for shaving purposes as it is yeah purpose then I'll be quiet but the purpose of having a full 250 ft of of uh vegetation is to provide really adequate screening from the road and adequate green buffer would the board be amenable at that point to some sort of potential Landscaping if we were to go in there arbites or something of that nature I know obviously in this NE the woods we hear about that's the wrong word don't use I'm sorry Leeland Cyprus I believe is what folks like to hear the deer don't like eating it oh yes they do we do what we can I do what the landscapers tell us to do sometimes um but I'm hopeful that potentially the board would hear something along those lines what you mean inside of that cleared area yeah so if we were to propose potential screening along that fence line so that we could clear the trees for shading purposes to minimize the visual impact from Division Road let me put Mark's question with his permission in a slightly different way you know when you ask for waivers one way to think about it is what's the hardship that justifies the waiver that you want us to Grant you and the hardship isn't uh justified by um the property line or the condition of your neighbor um and as Mark said you know the setbacks are there for a reason and uh you can't create your own hardship so what is it you know if if the lot is too small to do what you want to do then you're trying to do something too big for what fits on the lot and you should rethink what you're trying to do on the lot but think about it certainly thank be back don't try and put you know 10 pound of peanut butter and a 5B jar and then ask us to help you with that you wouldn't be the first by the way to try and do that but so could be the elevations but I I don't see the purpose of clearing so close to Division Road where it but juts out where the clearing juts out closest to Division Road primarily meant to follow the nsv line the rule of thumb that we like to use for quote unquote shading purposes is 2 to one um so if there's a 50ft tree you want to clear to 100 ft out for shading purposes um for solar production anyways any more comments questions planners I don't have any additional comments I you know I do underscore the Chairman's point or John B point that we don't often recommend waivers out of um you know that particular regulation might be a little bit of of an inconvenience or um you know maybe a little bit challenging to meet the letter of the bylaw but typically what we recommend is that there would would need to be some sort of demonstrated hardship in order to Grant those way request so um I just want to underscore what John said Financial considerations are generally not a hardship right um this is not a public hearing but it is anybody here for this that would like to ask a question or comment no we do appreciate you're coming in in advance that's that is helpful and we do appreciate that no it's helpful to us too completely thank you for hearing me out and you know I'm hopeful we can get something into you guys and make it a nice easy process down the road that's what we would all like to see I'm sure so thank you very much for your time tonight and one thing I'd like to just mention is that it would be very helpful if as you're traveling how how long of stretch is it coming down hem Road um just based on the 25t spacing and 9t poles you're talking 175 to 200 ft approximately right even if you put it underground I would hope that you could do it that would show little or no disturbance that's one that's one of our best scenic roads and we don't want it we don't want it mucked up but I'm also interested you said that it was the eversource who required you to go to horse neck rather than division Rod but we have other solar arrays large scale solar on division rows wonder what you have any idea what their reasoning was I I can't speak to ever Source or the utilities sometimes they're creatures of their own design I think as any developer or engineer would tell you sometimes a lot of times it has to do with the available capacity at the time or what the lines can take out there so they do those studies on their own and then they come back to us and say you shall do this you shall not do that essentially is what we try to have to work on of okay thank you very much thank you very much for your time yeah thank you more okay next is a approval not required an anr for 269 narrow Avenue file number 24-0 10A request by the applicant for endorsement of a two lot plan of land located at 269 narrow Avenue assessors map 63 Lot 8 yes sir thank you Mr chairman hman CC1 um representing the owner applicant basically this is in our plan uh sh proposed two lots lot one and lot two both of which contain the existing dwellings on the entire property all OTS perform both in front area and um we seing ouring um so that go ahead and record the plan okay so the the entirety of of the lot that's being divided is the one outlined on the outside yes sir okay and this currently one dwelling unit on one lot or two there's actually two dwelling units on it in a garage okay so this is actually making it more zoning conforming um and the ability to to S each [Applause] for okay so comments from the board questions planners um so lot one and two front on narrow AB which is a public way that's certified by the town clerk Lots one and two also have more than enough Frontage to be considered for thisr plan and narrow AB has sufficient width and suitable grades and adequate construction to provide for the needs of the vehicular traffic um he is correct that there are two houses on the current one lot right now and a garage so um dividing these into two lots does make it conform more the only thing that I would that I would say is that currently from GIS it looks like there's one driver way that is servicing both of the homes I believe that's correct yes so um do you know that when they do um if this is endorsed and they do split the LW into two if there will be an additional driveway on on the other lot know at this time um they have IAL buyer for lot one and the existing house and garage um they want to go ahead and convey that and um believe he is going to reconstruct a driveway uh to service the existing in or get an EAS until such time as okay as that's done he can they control um both Lots one and two so before conance they may retain an easement in order to continue to access okay which you're absolutely correct yes um both lots have over 60,000 Square ft of area and over 30,000 sare ft of contiguous Upland so that is okay um the only comment I have on the plan is that the zoning um requirements have the um the wrong minimum Frontage on it it should be 150 ft and then the minimum area should be 60,000 square feet instead of 80 um so I would recommend and endorsement of the plan as it meets the intent and the it meets the threshold for an an anr um that just contingent Upon A corrected myar plan that has those corrected on it you want a motion Mr chair I Mr chair I move to approve the endorsement of the plan entitled approval not required plan of land 269 narrow Avenue map 63 Lot 8 um provided that the myar is uh modified uh according to the corrections given by the assistant planner because the plan complies with the provisions of Mass General Law chapter 41 section 81 second any comments all those in favor thank you very much for your time have a pleas me okay uh next up is Rosewood Lane Endor form C1 and plans yep so this was um approved by the planning board maybe two months ago maybe a month ago um however the form C1 just needs to be signed and we have the plans for you to endorse okay do we need a motion or not um we've already approved we've already approved it it's just signatures do you want us to sign those now or or after the meeting I think after it's probably best okay while we're signing that next up is inheritance Lane the applicant is requesting to release lot seven from the Covenant for definitive subdivision plan entitled definitive subdivision inheritance Lane Westport m Mett so this item was before the board at our last meeting for the reduction in charity and the applicant has brought that check in so we have that we have the charity um in the correct amount um the applicant is just now wanting to release one of the Lots lot seven and I had been in contact with Derek of SW Cole and he has been overseeing that project and since substantial work has been done and the applicant is very um forthcoming and and all the work that's being done and is in touch with Derek a lot he um is recommending that lot 7 can be released and has no problem with that okay are there any questions comments you want a motion Mr chair please I move uh to approve the release of only lot seven from the restriction of the form F Covenant dated June 27th 2023 for the definitive subdivision plan entitled definitive subdivision in heritance Lane Westport Massachusetts second all those in favor I I okay uh next up is the 6:30 public hearing for 7:20 and 726 Old County Road file number 24-3 3 sp- CD the applicant is requesting a modification to the special permit common driveway good evening uh for the record Steve josa uh with scitech engineering representing the applicant this evening um as was read to the record this is a request to amend a Comm driveway special permit that was granted about 7 years ago uh for a piece of property located on the north side of Old County Road and uh as part of the initial um project this was a special permit for common driveway and also an anr special permit for flexible Frontage uh that created uh there's a total of four lots that were created uh the existing house lot with Frontage on Old County and then this common driveway serving three additional lots to head north off of Old County Road into the project um again it was approved as a gravel uh drive and as a gravel drive was approved with kind of a high point here about 100 ft or so 150 ft or so into the property with a portion of the road uh driveway common driveway sloping back towards Old County Road and then the balance of the common driveway sloping into the site so when you look at the original design plans and now you compare it to today that same grading pattern has been maintained um but again the surface of the way was paved so this uh does require and the applicant went ahead and paved it did not realize there was a restriction on Paving uh of the the common driveway as it was approved as you always do there was a paved apron at the beginning and he carried that through to help with facilitating snow removal during the winter U thought he was doing a a positive thing to help the situation the issue in particular in this case is although we've gone out there on a number of occasions I don't see the the common driveway creating a drainage problem but there is a natural low Point here which is about 5 ft into the property is station 5 plus 0 so about 5500 ft into the property there's a low Point um and there is concern about accumulating additional or excess runoff in this area um there's also a some pump discharge which is located roughly here which serves the dwelling to the west of the applicant's property uh that discharges to the fence line here so that adds to a collection of water uh in this corner and so in order to um hopefully have the the board comfortable with approving the amendment for uh allowing the pavement to remain on this uh comma driveway what we are proposing is to install a k cart verm on the west side only of the driveway uh starting at the high point which is roughly here and carrying it all the way down to the end of the common driveway component which is around station 7 and what that would do is keep any runoff that does develop on the common driveway from migrating into that low point and get it down to a controlled area onto the applicant's remaining property the the natural flow from there continues for several hundred feet before it enters a wetland and the applicant owns uh probably about another thousand ft of property heading in that Northerly Direction so it's draining the water onto the applicant's property it's eliminating any potential for Road runoff from migrating into that low point that is there we think that would at least address uh the concern that's been raised to several Town officials in this area um and we'll uh hopefully allow the applicant to maintain what has been completed here so uh we did do some drainage numbers and you'll see that there's a the difference between compacted gravel and a paved surface is almost negligible in a situation like this where we're dealing with a relatively short uh amount of pavement versus compacted gravel uh so that being the case we don't and I've been out here on a number of different rain storm events looked at Water how it's running off this uh common drive I have not seen any excessive water being directed onto a buding Properties or elsewhere but I think to solve this uh I hate to say more from a PR standpoint but to solve the issue or the um the concern that the driveway is contributing to water migrating here that burm would in fact allow the flow to be directed beyond that point where it could not then back flow into the um little low point there so we're looking for one more modification to the common drive to allow a cape card BM to be installed and then allow the applicant to maintain the PVE surface and I'll be happy to try to answer your questions so Steve um if I recall this of course it was seven years ago uh there were issues uh halfway down this driveway with a Butters property to the West whether or not this driveway as it was proposed was going to flood their backyard if if if I recall yeah in fact I came out here and I think I met with the neighbor I don't know if it's the same land owner but I did meet with somebody who I believe was the adjacent landowner in that location and we again we did identify that the abing property is very flat uh there is a pump discharge to this location from the abing property their flow actually enters my client's property as opposed to the other way around uh so there's always been that concern from I think both parties but yes that was something that was discussed early on I think again the burm is something that would I'm not sure it really is necessary but we think we had to do something to hopefully address this concern it is a continuous slope down so we wouldn't be creating puddles in the common driveway there's a gradual slope all the way to the end and the discharge point is on the applicant's property um so we think that that solves the problem um without getting into any extensive regrading or removing of the pavement which we don't think would accomplish any uh net benefit at all here so have we had this looked at by a Consulting engineer or not um so we have not uh because the applicant um I had sent two emails previous to him I had sent him emails stating that we needed more money for the consultant review and he has not been in contact to give that to the office that's needed and so therefore the Consulting engineer will not review the project until we have those funds okay and it's the opinion of you two that we need that in this case we need yes because it's it's dealing with drainage um and so we need we need field engineering to look that over okay the the copy of the plan I have here of the Contours are so light I can't see them so it's hard for me to determine um all I remember is there was a big discussion about this seven years ago um it would be my opinion that we we need to get the consultant to to double check your calculations okay for the benefit of everybody so I don't know what everybody else thinks J I think I agree that we we should have a our consultant review of this but for my own information this lot on the West Side that's designated lot 47f and it shows was their address as Rachel Miss Rachel Trail so do I assume that that lot has Frontage on this driveway Common Road no the the common driveway easement is actually this strip of land here this heavier dash line up to these Lots so this is the common driveway this land is actually part of this lot here so no this this property to the West has no Frontage there's no Road here it really is just an easement and that easement does not come all the way to the property line the easement goes from this property line to this heavier dash line that you see there that's the extent of the easement the property where the driveway is belongs to the far house you see the dotted line that's the eement and the driveway is in the easement but that property belongs to the far housee and the far housee is the applicant's property and can there be further subdivision no this this is the extent of any subdivision what happens is once you get just beyond this house probably another 150 ft or so there's a vegetated pretty extensive Wetland back there all right thank you my inclination is it's possible that it's okay but I'd like to see the the Consulting engineer concur right we'll get the consultant s away Mr CH does the whole Road pitch all the way to the to the back yeah there was a high point here so this portion as originally designed and as constructed does pitch back towards old County but from here and this actually sheds down into the the driveway here but from this point to the end it's a continous slope all the way down with with no low points in the in the driveway at all okay so they could they could if they if they figured that they need to dump the storm water okay back to that Wetland and be okay so this is a public hearing uh anybody here for that would like to speak please so what we'd like you to do is identify who you are where you yes my name is Ron Solomon I am the owner that we are discussing to the west of Mr Rad's property I am the individual who has been here year after with uh the concern for the amount of water um I have had to install pumps in my yard in this last week of rain I have had 13 in that has gone to the foundation and started to enter enter the house unless those pumps are on which is pumping water into I'll say the g because I don't know the appropriate term where when construction of that road originally started and I came here to present it there were drains put in that at that time were not in the plans were not approved was then concerned about what grade the plastic was and why they were there and how it happened if those drains were lower they would be taking the water off of my property so right now if again I'm not an engineer but if you're looking at the road height which was lifted from the natural elevation there is a gully and that water is and has been currently trapped I've lost all my bushes I've lost several trees and at that point now when the water gets to about 6 7 in it is Flowing opposite way it exits my yard down through a burm into the driveway down the almost like a river it is flooding the street as well as a neighbor's property as well so I voiced it you folks have pictures that I have submitted of the pumps on and how it looks like a a Whirlpool sucking that water out of that property in any given day in this amount of rain that yard is completely completely flooded from Foundation to property L that has never happened I've approached here several times I've worked with several people here whether it's you know wherever and I'm here today to say that it is still a problem and I'm looking to resolve that matter some can you point to your house on there I am on number two from here I I can help if you want sure this is the low point I think your house is probably right in this area here okay so you know looking out you can see we've said that there's a natural Swope to the property again you know nether here or there we know that road was never supposed to be paved without drainage appropriately put in and now it's paved and that was my concern and when I voed it it has brought us to this point probably back in November of December where a letter was submitted to gain approval of pitchers you folks have I've got a dozen more of water like a river my driveway is starting to collapse I've lost if I say 20 shrubs and bushes I wouldn't even be on the low side of that um it floods Miss Rachel Trail which is a hazard for the younger children that live on this Rachel Trail as well as the vehicles traveling down there and a neighbor's house is nearly completely flooded whereas they have to pump the base of their driveway themselves to get to a natural drain so pretty much so you're saying that this this floods from this these properties across a no I'm sorry across this roadway across Trail and into through your property or in your neighbor's property into the properties on M Rachel Trail 100% that water looks like a stream coming out you can put a canoe in it and go down there and so your property is on Miss Rachel Trail right correct I built the house 20 years ago we never had that problem until the property in the back was taken over and obviously two homes put on so did you have the problem before the two houses were built I've never had a problem with water we've had you know playground sets back there we've had to take them out uh everything that's there is destroyed we had a fire pit back there two of them they've had to be removed all the shrubs have had to be removed now I'm losing trees in my driveway because of the amount of water it's eroding all of the mulch this goes back to you know quite a while where Gary buad uh tried to resolve the problem put drainage down the property line on the street it just does not take the water enough it's like a pond back there and in your opinion do you think uh this the Cap Cod burm would keep the water on the property I do not think so I believe at this point in time that that water in my property needs to be diverted into that drainage easement whatever you want to call it's the low side I'm true to believe that that was the original intent when they identified there was an issue and they did put drains in again never asked for permission never got it on the plans never did anything and no followup on it after I presented it here we will look into it we will look into it and it's never happened so there were drains put in there I would say they're 6 in higher than the water level so until 6 in hits that pipe the water is staying in the yard okay thank you was there was there a problem before the road was uh paved I would say that the water was still coming there I do have pictures of that and more than happy to present them to you a second um I have since that was developed there has been a problem that road is clearly much higher than the property so uh the reason I asked is that the applicant is coming from for relief from having to return to what was originally a condition that is Paving for the first few feet and then grab uh if we didn't Grant releas he'd have to go back and return it to gravel uh my question to you is if it were returned to gravel would that solve the problem for you it would not solve the problem I think that the asphalt on top of it has definitely added to it but it has naturally flow if we went out there tonight and watched the video you would see car engine if the engineer that we hope to get hired is looking for how do we solve the problem returning it to gravel isn't necessarily A solution that solves the problem no I would again not an engineer but my the is appropriate drainage that would have kept the natural flow down instead of building a road up so the applicant is proposing a burn and your idea that doesn't solve the problem but I think everyone here is is trying trying to focus on what is it that solves a problem that's my intent to solve a problem going on I've got to worry we want to go back to the original we're trying to figure out how do we solve the problem you say that about the farmland and everything else that's going to be my kids house Som day for them to deal with this and what we've lost at this point okay thank you welcome thank you folks I'd like to yes please was next thank you thank you my name's Ken SI I live at One Miss Rachel Trail and uh I don't know exactly the extent of what's been going on on the back there but I I live across the street from Mr Sol's house and since this projects been going on the last two years my driveway which usually gets flooded in the beginning of the driveway which is probably about a foot or two is taken out about 10 to 12 ft of water and now my driveway starting to get eroded because of all the water that's coming off that property so just want to make you guys aware of how it's affecting the whole neighborhood can you point out where you live please well where do r Where Are We R is that one this is right here right beneath it oh right here so my property is right here so the water runs down and across into my driveway right right here and like I said it used to be like one or 2 ft which wasn't too bad but the last two years I'm getting like 10 12 ft in can't even get to my mailbox this this year I actually slipped I'm going to slip the disc in my back flowing on the ice I can't get to my mailbox anymore so so that's flooding the road it's flooding my driveway your driveway and my property it comes across the road M Ral Trail exactly it's almost like a a stream coming straight down and right across my drive and obviously that has some structure to do with the road the way it was built in buha in the past but within the last two years it's gotten much much worse so thank you thanks good evening uh to I'm the owner of the property on the applicant okay can we can we get something on the driveway to show what the issue going on okay so this property here the uh the gentleman did not mention here there's a TR alongside this hole this this this driveway here is about 2 ft higher than this area here which is all these trees planted to provide some privacy from the neighbor from this side and there's a fence alongside here there's like a a su pump here that discharges water onto my property and all the water when it rains there's like a trough that runs alongside this whole thing and this area is lower than there so the water can't go to this gentleman's property the water goes straight all the way across and there's a brook alongside there there's wet area there so all the water that goes on the driveway it runs alongside there and it goes all the way to the end there's no water that comes across nothing you can go there anytime and you can see this 30 ft there's trees here there's no signs of water that can go across none okay I have I have this this one here the the the sun pump here this land for this gentleman is very flat all the water that stays there is the water that's that's produced by the sun pump there's no water that goes from here that goes to this property the water from my property goes all the way to the end nothing goes across so what I really can't tell from the Contours there's so faint the the water would normally go be going from the lower right across your property the the driveway here basically this is 20 ft of black top then there's 30 ft of like dirt most of the property here like the adjacent property is higher so the water can't go anywhere except a small area here so is the is the driveway higher then the surrounding property on both sides yes the the driveway here is about maybe about 20 in higher than than this area here and how about the area above it uh in here it's higher no above it where the ceiling east east east it Dr on way it's it's about level but this cross on both sides here so the water on either side goes across to the other side it doesn't go across this way so what I'm trying to get at is does the when you put the road in you put it in as gravel to get to the two houses in the back built was that higher than the surrounding property on both sides of the road no it's it's about level with with this side but it's higher than here because this property is actually lower than than this whole thing his property line is lower than here okay thank you thank you so I still think we need a Consulting engineer to look at this problem and see if we can get a solution so yeah I think if you field engineering is who you rely on for this yeah they're obviously very qualified so we'll we'll um get the required deposit in get that review and get back in front of you and see what field has to say um and again I I just to reiterate the some pump issue is something that goes back prior to this development so because I remember going out there having it pointed it out to me actually by the neighbor you can see the staining on the fence that staining has been going on for many many years and that discharges predates this development but we'll we'll get a hopefully a read from field and reach a solution that hopefully addresses Mr Solomon's prop problem um if we can but you know at a minimum make sure we're not contributing to it thank you and some Steve some photographs of this site would be yeah I've taken pictures in the rain as well so I do have photographs from my site visits over the last six months so yeah we can do that okay and we'll have the engineer take a look at the site too so we need to have a motion to continue this hearing to a future date May 21st is what AM 645 so uh M Mr chair um I would move that um we uh continue the public hearing for uh 720 and 726 Old County Road uh to May 21st 6 at 6:45 uh for uh the purpose of um having field engineering uh assess the drainage situation uh with an eye towards uh determining not just whether um uh the paving should be removed but what solution should be found for for Paving and drainage second all those in favor very good thank you okay next up is uh the 645 public hearing for su's way solar project file number 24-4 sp-l the applicant is requesting low unpack development site plan approval located zero SS way map 57 luns 19 and 24 good evening Mr chairman um good evening to the member to members of the planning board I just wanted to introduce myself uh on behalf of the applicant I will hand it off to Atlantic Engineers to review the actual site plan this evening um but I wanted to introduce myself so my name is Pier jell um I work uh for CV North America um we have multiple projects that are operating in the state of Massachusetts um and I recently joined the company a few months ago um I think it's always important to put a face to a name so I just want to take the time with my colleague Stephen Engelman who I'll hand up mik two in a second um to just introduce ourselves and so I'll hand you also my business card if you have any questions um happy to answer them this evening or or at a later date as well what did you say your name was my name is Pierre jell p i e r r e Pierre yes sure good evening uh planners my name is Stephen Ang I'm here with CV North America on behalf of the project uh I've been project manager on this for uh a couple of years now and uh we're just here to kind of uh present details that you've seen previously uh with some some updates based on some feedback that we've got from the planning team so uh I'll hand it off to Atlantic engineering here who's been working on the project uh for longer than I have okay so before you continue I just wanted to continue the introduction to this this application was previously approved approved on January 25th 2021 due to utility interconnection delays the site plan approval was set to expire in March of this year this site will be assessed through an existing 40 foot access through an existing 40 foot right away off of su's way with exess rights given by landowner of lot 18d to expand the easement to 50 ft to meet the frontage requirements this will be a 3.99 megawatt AC or 4.99 megawatt DC solar array to include 13,664 panels with Gravel Road access okay great good evening um rich tazinski with Atlantic design engineers and um as you chairman had described uh we've had this project in front of you previously um it obtained its original approvals both a special permit uh for ground mounted solar and a low impact development site plan review received those approvals back in 2001 um just recently the special permit for the solar develop velopment was uh extended uh by you uh this past February in 2024 so um in terms of the two permits or approvals that the support has has granted one of the special permit has been extended uh through through next year um but the liid site plan review approval um needs to be guess reinstated or Revisited and that's why we're here in front of you today um but the plans that you that you have in front of you um along with the application package and the narrative is basically uh the same as what you've seen uh in the previous versions uh several years ago and on on which the approvals were granted um the only changes we've made to the site plan and designed have been to address any of the conditions of your approval from from three years ago um there's a a section in your narrative um section five which is basically an explanation it goes through each condition of approval and explains how we've addressed those uh that relate to the plans themselves um but there's been so those are the only changes to the plans that we've made um the and they really relate to um just several minor uh addendums and changes to the drawings such as some screening uh some limit of clearing changes uh an additional storm water infiltration trench um so there I believe there was about four or five related to the plans that we did address on the drawings that you have in front of you now um but in terms of the the storm water design calculations the whole reports that were originally sub submitted uh those haven't changed they were thoroughly peer peer reviewed at the time uh by SW Cole and they were reviewed again uh This Time Around by uh field engineering and so we have received a um some comment letters from your department heads and from uh uh field Engineering in terms of your peer reviews we and looking at those they're pretty minor uh comments that we we can address with some minor uh changes to the plans um and they that relates basically to um preparing a separate um erosion and settlement control plan we have Roan and settlement control design and guidelines and and details shown on these sets of plans but the field engineering feels it' be better to have that on a on a separate drawing sheet as opposed to just incorporate into the grading PL so we can easily do that um there was a they've noticed a discrepancy between the planting plans uh versus the uh the site plans so we'll clarify that discrepancy in terms of the number of trees that are being planted um the other ones related to uh a storm water operation and maintenance plan they only wanted to see that sign by the owner um so we'll get that taken care of for you and then a couple other conditions they they they suggested for an as built um under and for a Swip be to be prepared during during construction so we'll easily agree to those other items so addressing your peerreview comments would be very straightforward the fire department also has several comments that affect the plans mainly the turnaround um that's in in between the two arrays located in this area here they just requested the geometry of that to be changed um to be lengthened and the radius is made a little bit bigger um so we'll uh make those changes on on on a revised set of plans and and take care of that for them they also wanted some notes added regarding uh some more specifics on the signage in knockbox that's being provided at the Gate entrance so um again we feel we can address any of the comments that were received by the department heads um and the peer reviewer with relatively minor changes um so I can run through the full set of drawings and calculations if you like but again I think we're they're they're basically the same as what you've seen before it's just uh trying to get the LI permit kind rein stated if you will so I'll open it up to any questions anybody have any specific questions yeah specifically um thank you for addressing the issues were brought up by the uh field engineering their peer review one thing that confused me a little bit is uh our conservation commission's comments because they in the print out I have they they say a couple of things they say that the Wetland line is no longer valid and then they mention they recommend that more storm water measures be considered uh it's our opinion the project may cause adverse effects to the surrounding buffer zone but beside that then there's a letter in here from them dated right March 4th says it's fine go ahead right well that did lead to some confusion on our part also um but when we had originally submitted the plans to the town back in 20 20 I believe we had in in anrad completed that uh basically had the Wetland line reviewed by the Conservation Commission and they accepted the line as it was um we then went and designed the project to state stay outside the limits of that buffer zone and didn't need their Conservation Commission approval so the issue is is that in red only lasts for three years so that has expired also um so to to have the Wetland line officially and approved by the Conservation Commission we would have to file a new anrad and get them to officially look at it but in light of us going through that whole process the conservation agent went out and looked at the line and he's he said it's not going to change it's very straightforward and the line that we show on our plans is fine so I would think for the purposes of this review um I think that we're we're satisfying the Conservation Commission in terms of where the Wetland line is we just haven't officially gotten the the whole commission to to accept that uh but we feel and his the agent feels that there isn't going to be any change to it did he uh reiterate his recommendation that more storm water measures are to be considered the second letter only addressed the Wetland line um the other ones um we feel we can address by responding to the Conservation Commission um with references to our prior calculations because the there is storm water measures on they're talking about the southern array uh this one here um there are storm water measures that were put there it's not a uh detention Basin like we have on the North West corner of the project it's an infiltration trench uh that will um mitigate any runoff from that southern array so uh and the storm water Cal calculations that we did um including all the Watershed plans uh and the pre and post development analysis water quality calculations we did all show that we comply with the D storm water management uh guidelines and the liid guidelines of the Town um so we honestly don't think we have an issue there um in terms of of that southern array the majority of that land slopes away from that Wetland area thank you the majority of this of this area right here slopes in this direction not towards the wetlands so we have a a storm water measure on that Eastern side there's none on the western side basically because there really isn't one needed um from our opinion and I think from the opinions of your PE peer review Engineers too so we'll we'll respond back to the Conservation Commission with those type of explanations on why we feel it's appropriate as designed was it on the uh the report from the engineer on this particular project or something else that I've read recently and I'm sorry I'm screwing it up but there seem to be a question about the erosion from the dripping uh off of the panels was that something that I believe was another comment from the Conservation Commission in their in their comment letter and again we feel that the the panels the lower edge of the panels which would have any drip bed is they're only going to be two feet off the ground um this isn't the a canopy project that's over parking lot where they're elevated 8 n 10 feet above ground so and and the whole area beneath the panels is going to be um seated with a meadow mix so that it's not just going to be like a grass or anything it's going to be pretty high grass Meadow in underneath there and so with that combined with the fact that we're only talking about a couple feet off the ground uh in our experience there really isn't a major issue with um drip edge drainage from a ground mounted solar facility like this we've seen it occur on on the canopy projects but not on a smaller scale ground mounted version like this so again we were going to basically explain that in our response letter to the commission and uh go from there okay uh any more comments can I make one more comment um it's this is along the lines of what we you heard at the previous U uh application the pre pre consultation application this issue of um clearing inside the setbacks and uh I know that whatever it was we did get approval for this uh I made exception to that I I still feel strongly that um overall report after report say that clearing you know citing solar arrays in Woodlands is not a good idea uh that would in fact serve as a tool for water management they provide shading they provide climate benefits such as carbon sequestration but so we can't he on this board we can't say you can't build here but um I do think that asking for waivers to clear inside the this is like the previous application has a small area inside the 250 ft setback from Route 88 um is is not a a good idea you could you could reduce the number of panels and pull that retention V inside the setback or outside of the setback um and that would avoid and that would provide this full 250 foot buffer zone because one of the arguments that was that I read in here was that well you know Route 88 is uh well that it is 450 fet from the nearest solar panels uh the actual traveled way but uh but the right of way is uh and that's what we're talking about is being set set back 20 250 feet from the right away we have no control again it's the same sort of thing we have no control of what will happen in the future I would say almost certainly that Road's going to be widened someday so that it could be that the travel way will no long or part of it will no longer be 450 ft uh so there's a good reason to respect the the bylaw which uh requires a 250 foot setback and uh as I said you could do that I know you'd have to give up some panels but that could be done and the same argument I would submit I would make in where you're asking for a waiver to to on that Southeast corner to uh clear instead of 100 ft from the property line to clear 50 ft and uh the argument to do that was that well it's just another solar array on the other side and uh it's but again that solar array may not I think you own that one too uh but the day may come that that Solar Ray is no longer service is it's uh decommissioned and there might be a house lot there so uh I just think it's important to to keep it's it's only 50 feet but to keep this full 100 feet of setback that's not clear uh would be important and again I realize you'll have to lose a couple rows of pound uh but um I think that uh that that these waivers I I don't find them to be I'm not I'm I don't find your arguments to be compelling and I think we ought myself I think we should uh stick with these uh ask you to comply with these uh existing bylaws and uh come back if you want with a revised plan that would eliminate those waivers Mr chairman if I may the the waivers that are being discussed right now were waivers that were approved under the the special permit and the special permit has been extended um and so what we're looking at um here with this resubmission is just the the site plan criteria we can't make amendments to the the special permit that was already extended a number of months ago Mr chair um did he get a waiver for the overhead there wasn't a requirement when it was approved no it was always a requirement what happened is some of them SLI through three years ago yeah that wasn't requirement yeah we still have to end the problem electric P yeah it appears that the waivers they they received from the special permit were setbacks from the street lines clearing and trimming within the required 100t setback and then some requirements for submitting a photometric plan and provision for water neither of which were necessary because it's not included with the proposal that's kind of what happened over here on Main Road when those polls popped up and then they told us what the utility company requires us to do that that although they remain utility owned equipment it's still should be underground so I I believe that these posts I don't think that our bylaw requires underground the underground part of our subdivision control is one thing I think this is not a subdivision so I don't think it it pertains to that although I would like them to put those underground I mean I don't know I think it does I think that was what what a question was the the provisions for undergrounding too that that's a component of the special permit review know um so I think that can be encouraged to underground that yeah I me so not you but these two guys should consider putting the the connection underground as much as you can get to the pool pole that goes to the street because especially since it's on a residential a real residential street not not on on a drift road so yeah I don't believe that it's a public road though I believe it's a private road that just Services these homes yeah but it looks ugly as hell I mean especially for neighbor a neighborhood it's going to be in a small neighborhood uh and it's going to look ugly as hell and we don't allow it today but and we'd like you to be good citizens and and put them under ground I don't think it I mean it's a big ask so are you clearing for the access way no that's already field yeah there's a there's a cck that runs in but I'm both sides of the C path out the trees oh need it needs to be wi but but what I'm trying to get out is the pole Line's going to be in adjacent to the trees there's already a line there on the roof there's a line comes down SCH way that feeds all the homes that's the that's I understand that I'm talking about your driveway coming in okay but I I kind of disagree with the chair that that we we don't have to put it on the ground it was because when we determined if after this happened um it was based on they were saying the utility company required this oh no no but it still it was approved the way it is on the plan and we reapproved we continued the approval okay a few months ago when they were here for but I would hope that they could consider just doing it to be kind to the neighborhood understood certainly try to do that and and Mr chairman I would just uh I I really disagree with my colleagues but uh I I I reviewed all the original materials the drainage materials I I know the site well I I did many of the inspections on the adjacent uh field and having voted to approve this and having the special permit being in existence I I think this is this is uh nothing to do but you know to approve this as it as we have approved it in the past but with the same token I would say uh there are only a few homes off of s's way and this this this quite a nice home almost directly across from this and uh and I've lived in the neighborhood um so anything you can do to reduce impacts to my neighbors is appreciate understood thank you how will they when when the last one cuz I think one of the conservations questions on the dripping so we've had we've had trouble with them establishing the meadow underneath the right so so if you guys were really good at that that would help too okay and um and we my my colleague and Mr s and I have spent some time and in in the chair looking at these as as these projects get built um the side of and I think this is mostly to the [Music] engineering uh try to keep this brief but but there needs to be care during construction it it seems know this idea that the solar panels can follow the Contours and all of that um but but essentially all of these submissions have the existing conditions you know and those are the Contours that you show here in the plants and the site is is a a a hwood forest all all second growth but mature trees in the in the site clearing and in just the pure mechanics of grubbing the site and all that kind of stuff and then um you know the logging operations with skit is dragging the the the trees up normal construction Stu what what we've discovered is that that U particularly in a site like this where you're at the crest and a lot of the reason that there isn't um uh storm water management on the Eastern side is that is that most of the solar f is draining the other direction um just under of that construction we found that um the the in quotes existing Contours don't get to be put back that once it's cleared and then the solar panels start going in there really isn't a secondary check to go back and look at what the grades are can we round this off so that the the assumptions you made in the drainage design that is the water is flowing in this direction down the con to us um you really need to look at them after you take that initial sight prath I the Contour is really going that direction as opposed to another really flat over Crea a saddle and one of the things that we've we've had some trouble with and we've and we've held people's shity money and um is that there's been enough little ruding created that doesn't get washed out and that you plant your your natural and and and frequently we we specify a flour mix to get open space to to have some ecological function and what happens is you buy this expensive seed and you throw it in the ruts and then they stand full of water and the seed doesn't work and you know next thing you know is you're back here explaining why the seed didn't take and we're saying well you know it's it's like U do you want a good Garden create good soil right and you need you need to do those kind of things I I didn't mean this to be a lecture but it's it it's really care that it makes a difference it's it's not it's not money this is this is not a significant impact on the construction cost it's just after you do after you do the um the the logging and the clearing and Grading you know spend a little time doing that site grading so you make sure that the stuff that you're going to build is going to work we not we know the electrical side works you know we know we we know the sun will shine on the panels does does the site and and that's that's just a a caution that it out of the the lessons we've actually learn doing inspections not to penalize the developers but to have them to get out of the loop of oh no you got to come back next point and SE it again we don't we uh we it's a it's a board that tends to be businesslike we got the regulations we follow the regulations um and and we just don't want to spend time chasing people to do what they should have done in the first place understood and not to be a little bit long-winded but we've learned from some of the past things you know like the things with the pollinators I I mean that came before us where we had a situation where the stuff didn't grow and now trees started growing they had and we can't we're not letting them use pesticides or what whatever that killed the the trees and we get that issue and then we learn from that same person at the pollinators if you PL it you need a PL let it go through a frost for it the take so there was different things like that you know we've had some real success but we've we're learning along the way and we like to give it out to you guys y understood I think that we can condition the approval of the site plan to require a um them to Recon confirm that the the storm water is accurate before they put the panels up y uh I think that's a Mr chair that's a good idea that that when when that site prep is done and You' got it loged you know to get back out there with the with a gun and make sure you know going I think your peerreview engineer had made the same comment um item three they basically proposed that an as built grading plan be done um once the site is grader to make sure the site is graded properly to the storm water bmps and that the bmps have been built properly too so I I believe that that's what we require today this is a new application all of our applications now AB absolutely require that so we require you to do that submitted to us or to our consultant engineer before you get a uh building permit to put in the panels MH and we definitely would accept that as a condition absolutely we appreciate the feedback on that um and you know as uh as Mr jaylor had mentioned it's really doesn't have a lot of cost it's really about finishing the job and finish raing port at the end and then planting and seaing and Landscaping P we've done that ear project we happy to you continue that we hear you and certainly take that a loop of coming back and SE that condition is actually was included in the original approval so it stay in there okay any more questions anybody in this audience yes okay I think I'm probably the most effective all the people here since this is my property here okay could you please identify who you are uh Penny Hatfield okay 1615 drift Road okay could you speak to the microphone so everybody can hear you um anyway I have are you folks cve chis just okay you're this corner of this gray here is 25 ft from the fence to my to my property 25 ft no trees planted I don't even see drainage dishes but this spring I had quite a few dead trees compliments and it was a mild winter apparently um uh herbicides sprayed but trees that have survived for 20 years dead I have 100 down in this field here right here this array there's 110 blueberry bushes they've practically been eaten by 23 deer who now live on my land and what do you think this is going to do to my dear population they've either got to be cold or we got to stop planting side by side solar arrays cuz the deer have no place to go except to come and eat my plantings and I've got an agricultural tax liability and my land is on a conservation restriction I've done all I can I've got a gravel driveway 650 ft I have farmers who hay my fields and this is all blueberries my old Christmas tree planting this was we had five fields of Christmas trees the deer have eaten up to as far as they can reach when they're on their hind legs they pull the branches down and Chomp away they're desperate there's no place for them to eat there's no place for them to live I I you know it's it's really frustrating and this this solar array here is Right downhill from my vegetable garden which is here where the wind blows everything goes and I'm I'm really I'm tired I'm tired of I fought I fought this for a whole year wrote letters talked to you guys and there it is and it's right up to my this is my Woodland right here you know I'm 84 I'm not going to live to see too many more of these I hope thank you anybody else any more comments on the board plers I I recommend the approval of the of the site plan and low impact development um because it was approved previously um and we've already extended the special permit for this project out a year and they they meet the intent of our bylaw and they satisfy the low impact development purpose and design standards okay you want a motion Mr chair if there's no more comments sir uh the first motion I want to make is to close the public hearing for sunrise on su's way LLC can I say one more thing yes ma'am have you any of you seen pictures of what happens to a solar array when a hurricane hits it there was a huge solar array down in Puerto Rico it was hit by a hurricane the panel shattered what who's going to clean up the mess when something like that happens I would hope the people that own it yes they have a decommissioning obligation they have obligations to clean up yeah at the end of 20 years or whenever the yeah at the end of 20 years or when they stop using I won't be around to see it probably I may not I may not either right it would be a good sight to see it [Music] go okay so you made a motion do we have a second second all those in favor uh before I vote just a comment that I guess I erroneous erroneously assume that uh a uh low impact development site plan approval um that in such a process that he could consider the waivers and uh you pointed out Michael that you cannot because they're in they're baked into the special permit and I did not know that uh maybe next time you'll give me some warning and I won't give my whole tree hugging Spiel we appreciate that but uh it it was okay yeah but um with that I uh I vote to approve that that's a motion to close the hearing oh okay you give it twice if you want well then maybe I won't so then I entertain a motion all right you want another motion please uh I move to approve the site plan approval low impact development application for Sunrise On Tools way LLC for property owned by uh Daniel Perry Trustee of the John B hathway real estate trust located south of sus way between Route 88 and drift road assesses map 57 uh Lots 19 and 24 pursuant to Westport zoning bylaws September 6 2017 no that should have been eliminated it's the current zoning bylaw that was the current zoning bylaw article 20 site plan and low impact development subject to conditions and I want to parenthetically say that Amy said that those conditions include what we talked about in terms of uh making sure that after clearance of trees is done that they reassess uh site plan so those conditions include that uh as the plan uh back to the motion as the plan presented reasonably meets the intent and purpose of the low impact uh development by law by reducing the adverse impact TA of soil erosion sedimentation and storm water runoff did you get that motion yes I think she did I I second any more discussion all those in favor I that's five yes okay thank you we thank you very much appreciate the feed sorry have four buiness but if you need to reach out to to us just don't hesitate that's all right back from New York saw I noted sent I sent the one out that you sent I guess [Music] I just okay next is the assistant planter report um so the reports included the review for the solar and also the anr I just have one update on Coastal healing um I believe back in December the board voted to extend the time for Coastal healing to do the work within the route six carer the little patch and March it was extended until March 31st of 2024 and so March 31st has just recently come and gone and the work within the route 6 Carter is still uh not done so I reached out to Diego and he stated that he spoke to Jim Hartnett about this and that his Mass do curb cup permit has been extended until the end of the year and his other permit is valid until July of 2024 um and he's waiting on a few more quotes from companies that can come and come out and do the work and so I asked him for an extension request for the planning board and he has provided us one so that will be on the next the next meeting um but just as an update um it should be done soon if it's not then we still are holding $25,000 in charity and we can complete it from the highway needed I think I think U Mass do went out there recently yeah so I I'd given ad a number cuz I there was a mass D um across the street there was a complaint um from somebody putting storm water into the drains so they were out that way so it looks like there's going to there's a couple of property owners that have a little bit of an issue going on over there they get a fixs and so I have another storm water issue on a project that I did about 8 years ago down the other end that mass deot is causing a problem so they're looking to fix that so there and there's actually a new person in charge of stuff out there so I think and start seeing a little bit of action going on so I know they did go over and looked at that okay hey Michael planner support so I circulated an email with all of you from sured and they're looking to help the town apply for a on stock Grant and we've talked about a couple of different deliverables one could be a townwide economic development plan so you at how to strengthen some of the industries that already exist in Westport and looking forward to new Industries um especially with the route six sewer project um real estate buildout profiles creating a permitting guide for the town promotional marketing materials they did some work for Fall River so have the email in front of you but that that's one option another option is um looking at the entirety of the route well I guess not the entirety of the route 6 area but from Route 88 to the Dartmouth line and getting a long range plan together for those areas in part to inform well to inform future zoning in those areas so they had done previous work between River and Route 888 so this would be a similar type of project just on the subsequent section of town so those are two options I wanted to get feedback from the board on either of those options they are looking to I think hoping apply on our behalf so this to the one program yeah both of them or either of them I think they would probably prefer that we pick one or the other um but I if I can ask some about picking both we already have the one for 88 to C arrows for development I'd be in favor going the other way 88 to Dartmouth right yeah I don't know what everybody else okay the DTA nothing way that that did come through they're they're going to work with conservation update the open space plan and they're going to start working on that I believe Chris said Chris Capon the conservation agent so that was going to start in June and yeah so we did we did make it out for that one okay and the only another update I have is on the quick Chan River Rail Trail extension this is something I applied for Mass Trails Grant and that's still outstanding but I initiated the process to get this on the transportation Improvement program so I met with sered and mastop last week they're really supportive of it even though it's a smaller scale project I guess surpet is looking to support some of these uh key linkages that are smaller in scale you know because this would probably be $2 million project and some of the projects they support much much larger than that um so that the project need request for this was approved and so now I'm going to work on the project scope working to it get submitted for further Rie okay and would that be coming to our railroad white right away that goes between the two Hotel yeah there are some issues yeah there are some issues that need to be SED out with the rail right of way because it's currently leased to a private property owner um from Mass DT rail division so that's something that would be that would need to be sorted out the tip process takes you know four five years so there's some time to to work that out okay that's it okay correspondence main correspondence we have is a letter from the climate resilience committee that has a series of policy recommendations um uh for East Beach following the winter the winter storms soulya storms that hit East Beach pretty hard this year um this is following some public engagement and some meetings that that that uh we've had different stakeholder groups from the uh from East Beach come and talk to the climate resigns committee and the planning board and so there are those seven recommendations there um I can read them if if you want although I know a lot of board is fairly familiar with these I seem to have two different versions of this oh sorry one has John signature on it and the other one they're the same though okay so uh you've worked on a draft report to the select board from us which would include this right it will includ it's not it's not done it's not it's not done it will include this it'll include an analysis of in conditions the types of um the types of predictions that are available for sea level rise Coastal erosion things of that nature draw a lot on the East Beach MVP study as well and it'll also outline the town's diff differ differing um permitting obligations or regulatory obligations I guess I should say because it's not all permitting um and then that'll be submitted to the select board with the plan board's recommendations at a later date um we probably need to have a dedicated agenda item on a on a future planning board meeting for that right and one of those options is to get a manage a a management plan but that's that's a longterm thing we can't wait for that that's part of our recommendation but so I guess the the the issue that that has come up is that if we're going to send our recommendation uh if we're going to work on our recommendation and then send it to the select board that's going to take some time there may be some of the things that we already know that we should transmit to the select board because they're going to be dealing with the new applications for this coming season already and dealing with um the C that's on East on the East Beach Town property um and stuff like that so it's on their agenda when man I'm not sure coming up it's yeah it's on their agenda on the 22nd 22nd of April April and it's just this this letter so you know it's it's not the the planning board's recommendation it's just the the letter that was sent from the climate resiliance committee so I leave it up to the board should should we try to hammer out a short letter to the select board saying that the main report will be coming but these are a few items that you should address right now anybody that would be fair to give them an update I mean I don't want to speak for for the different board members but there has been a bit of a lapse from when the select board initially reached out to the planning board and climate residance committee for um you know for for this report and so would you know wouldn't be a bad thing to reach out and give them an update I I would think that would be an excellent idea because my colleagues seem to are in the belief that this stuff will takes time so the sooner you get it the better I think that um you know uh Jim and I and Bob are on the climate resilience committee and so uh we have participated in the uh hours and hours of discussion that have been held through the climate resilience committee with a fairly wide uh uh group of constituents um and that's reflected in the seven recommendations uh that the select board uh has now um and the select board will chew that over I I don't know whether they will just say received and put on file for debate at a future time or whether you guys will want to get into it on the 22nd of April that's something that you can figure out on the 22 I think that the planning board should set aside uh a meeting to talk about this on just ourselves I don't think necessarily that we need to go through another set of public meetings because we've had a whole bunch of public input I but I do think uh because we you know it is complicated there isn't a silver bullet there's a lot of issues there's debate about what facts are I I I think that we should set aside some time not you know at 8:00 in a meeting to really think about what's the best short-term course what's the best medium course what's the best longterm and how does shortterm help you towards medium term how does medium-term help you towards uh longterm and so uh I and I think there is information gathering that Michael can do in the meantime uh to help us with that in terms of sea level rise projection storm frequency Pro things like that yeah so I I I agree with you John but the the things that I was thinking about are things that really have to do with what what problems are today yeah they short so they're really short term because uh the process of issuing permits is going to start or already has um and so one of I'm just going to throw out one of the issues that that we've uncovered is the town bylaw that allows trailer permits yeah uh says that the permit shall expire on June 30th and and the form that they have everybody fill out is for the season and because it's a town bylaw you cannot wave the requirements so they should be aware that they really have a problem maybe they can do something at town meeting this year to to change that but it really for from a legal standpoint uh that's really a a big problem and number to I I think that the town as they're issuing permits should have some way to determine whether or not uh because the continual erosion of the lots and not that all of them or even some of them but some of them may not have enough room for trailer today right and so we shouldn't be issuing a permit when no possibility of them putting a trailer on the property between the town RightWay and the high Tai right so um those are the two main things and you know I don't know how the town can do that but it's their responsibility to come up with a way to do that and perhaps you could ask ask uh applicants to stake out a place for the trailer on their lot that could be inspected by the building inspector before the perment is issued and they also the town bylaw says they have to meet the area requirements for a lot I don't know what that means because the lots are all old they don't I don't think there's maybe one or two that meets the 60,000 ft requirement and does that mean the area that exists or the area that exists on paper where the property go into the water I don't know those questions and they should be asking 10 counsil for these yeah but someone can also say well it does me it as long as you put my sand back you know if you put enough sand back I'll have enough area and we'll get into an argument with people uh but because we're going to have that problem doesn't mean that we shouldn't try to solve problem I I know and I think that's where you're right that there are shortterm issues regarding that where Town Council uh it's imperative is going to have to give earnest money uh in terms of helping the select board out in uh refereeing the kind of arguments that we can all foresee the town has not only you know the permitting obligation to the owners but but it has its own obligation the road is very rough and difficult passable it's if we have summertime traffic uh it's it's almost one lane you know in the in places it's unpaved and other places there's only one lane remaining um the town beach paring lot is is full of Cobble piles and it's not gred you can't you know if at one hand in the town hall nextx Noah they're issuing Beach passes on the other hand they're not you can't park there you can't you can't park there you know like well how is that going to work um so the town has you know is is it in the is it in the budget to to do the road it's you know it would have to come from chapter 90 whatever it is that we get money from I think unless we get some kind of Grant from the state to to fix it so there's there I agree with with John that we need to work SE and I think we should you know at least raise these issues with them these this is not some complex engineering issue this is a common sense issue the road is not is barely passable it's a Town Road are we going to make it pass there plans already to fix that what' you say I think there's plans to fix it to fix it yeah so the other issue is uh the the requirement the town has a bylaw that accepted the FEA flood plane and the FEMA flood plane the FEA regulations for record to that which uh from Michael's input from his experience in Ohio uh you must have a system where you are administering those regulations we've already approved them so they're part of the zoning bylaw and we're not doing anything and if if FEA if we had a big disaster everybody was filing claims for blood insurance not just on East PE but everywhere in town uh they could say okay well let me see what you're doing and if you're not doing anything we could be suspended from those system and which would mean that nobody could get flood insurance or they couldn't get mortgages for areas that that are possibly under flood watch and so we need to have the town address these things in the right way so that I don't know who's going to do it it could be the building inspector but the building inspector is going to do all this all over town it's not just East Beach it's almost everywhere in town has flood possibilities and if you look at the flood maps they're big they cover they cover big chunks of the entire day and so you know and everybody has a not everybody but most people have a Morgan insured by FD or whatever not that all these things can be a real problem if we don't address them and the problem is we are now aware of them so that we have to address them that's one of my Mr chair so that's been one of my dilemas we' been trying you know we did put aside some money for an engineer and we're trying know move forward with creating a Department of Public infrastructure but for some reason nobody seems to want to put it on the warrant and I guess I don't know why chair from the infrastructure oversight committee I mean I think it would have been his job for some reason we can't get it done and uh but we do have a Municipal Light plant going on the warrant and I I don't believe I was told in the meeting that I should have put put this stuff together but I think uh I think KP law probably did the Municipal Light plan so I I I don't know if we can move forward with some kind of motion or request the select board to have KP War draw up a warrant article for for a Department of Public infrastructure I think it's I think for the next town meeting is it's too late for thise I I don't I think if we can't do that maybe we could ask take you off if it's too late because I don't think it is we just have to have a meaning they draw it up just have a meaning of the SEL Point accept it I just with all the things we got going on between East Beach and Route Six drunk l so work um yeah I I agree I agree we're going to need one but I think we still have 6 months to to figure out I don't know about that you get the thema stuff you got you know you know we had the woman talking about the hurricane you know what it does the solar panels um I don't know I I did I did get from the chair of the select board that these things take time but well they they were trying to get a DPW several years ago but what they intended to do was just make the highway department the DPW without any more and that was kind of that was a no no there's no way that would make any sense so uh you really need Engineers but you know I think we're getting away from the question of yeah what do we tell the select board so should we have a when's your next meeting got one coming Monday there's one yeah there's one next week on Monday and then the one that the the CRC letter is on fors the 22nd so the same Mr chair wa one second so perhaps we should have a uh a work session to discuss this um before the their meeting of the 22nd because that's when this is going to be on 22 they're not going to review it on they don't have it yet this this letter is on their this letter is on their agenda I sent it to the Town Administrator already so and he's confirmed that it'll be on the agenda I can also make it um you know if there is a work session and be something over to them we would have to if you would like it to be on the same agenda that just the work session would have to be before um I believe they like to have things in Wednesday 11 yeah Wednesday prior to the meeting so we would have to have it before April 17th okay when's our next meeting April 23rd so is there ready up to their meeting so is there a consensus that we could have a a work session next what day 17th 7 yeah that that would be the last get something together I'll be way Mr chair because I what what's the 16 it says we have a meeting on the 16th is that right or not I me what that's the date on that no the 23rd is the is yellow for a meeting depends on how we look at it there either both of them are yellow or none of them are yellow don't see it so what days are you I'm ailable uh going to be sailing Grenada from the 12th to the 22nd so we have it there yeah all come on board bring some problem yeah okay nice that uh it may be you know I I think this is a important to you know bring the issues to the select board in the 22nd so U even even the absence of a valued colleague maybe at least three of us we get a quum for a work session y on the 16th 17th you have to get the thing it would have to be the 16th 16th I think I can do that I can do the 16th yeah I'm just back on the 15th so you okay 15th no I'm I'm I'm all booked up so you got you got enough with him right or you need me okay so the 16th and what time uh work sessions are usually four for you 16 four four I can make it I'll make it y okay just going to be easy though get it there so you wanted to say something sir yes um I was hoping to interject a little bit while you guys are discussing the 7 that we're going on at the CRC and I know that time has lapsed since the storms hit and well we've thrown this along a little bit and had our various meetings got input from CGM D microphone yeah Tony say who you are hi thank you for uh giving me a moment here Kevin Kurt East be Improvement Association president um like I was say saying and we've been uh working with this now 3 months 3 months plus if you go back to December 18th and um there are some issues as you guys acknowledge yourself you know short-term goals and we've proposed a couple of short-term goals that would obviously help us to protect the beach and protect that part of the road that's vulnerable solve the problem you guys de discussed in regards to the town selling Beach permits and people hav nowhere to park because of mountains of material Etc um at the last border selectman meeting where I was present I had a discussion with the chair and the various members Manny was present and um there was a general consensus that that material at the town beach could be brought back to solve two problems give the town it residents its accessibility to park there cuz now they're parking on private property all the properties that you said are in need of nourishment because we have to worry about sizing and Etc so the discussion at that meeting was can we take that material and bring it back to the most vulnerable spots of the coastline we have areas on that road that are seeing more vulnerable more vulnerability in washover that didn't see them just since those past three songs so something that's critical something that we may first is fast approaching the permit process for those land owners is already in place that material that could be brought back to shore up those most vulnerable areas of the road and give the people the opportunity to do what they can with their properties and reach out to bring in the proper approved material through conservation to make their lot usable as it was in 2023 items one and two or two and three in the resiliency stud in the CC recommendations address a the road clearing process which would put any material back where it came so this doesn't happen again and B get that other material off of town beach the mountain that was put up on Gooseberry I say Mountain a few truckloads and at least give us a starting point to help with the various problems right there in the short term protecting the road renourishing the beach to some extent helping those property owners that have very little to work with at the moment yeah I understand that Kevin the the letter from the CRC is already part and the the office over there at the Town Hall it's it's we have no way to direct anybody to do anything here we're not in that business uh they they have the letter I'm sure they're aware of the problem yes and they can they can do that if they if that's what they want to do I I've been in discussion and we are on the agenda for next Monday right on the on the agenda for not only um the uh removal process that we're hoping to bring up and maybe get a vote on in addition to possibly um getting that material brought back now um I know you guys talk about the CRC letter for the 22nd my thought process and I don't know if that's a possibility but can a portion of that CRC letter be structured or or be emphasized in such a way by the planning board to say we'd like to address these two items in the short term because May 1st people are going to be starting to utilize that property or at least have that opportunity and may not be able to utilize it on May 1 but if we can get that material back and subsequently nourish from other sources whether they take it out of their pocket that would be your short term solution so that's just a suggestion that I have that I thought after conversations with select board members would be something that could be considered tonight or at least recommended recommended by Michael and you know presented that I'll be there Monday I've had a discussion with Chris gonzoles as well and um I think he's waiting for direction from this board so um I don't know that it's going to do any good for us to tell the select board what to do for this next Monday I don't know but um if anybody wants to make a motion to at least put that in a short letter before we get going I think that they're going to have to move the Cobble out of the parking area anyway the question is where do they put it they either put it back on the there or they put it in front of everybody else's place and I don't think it's much of a difference to the town which which way they do it um it I don't think it's much of a difference in cost for the town to do um I was I had offered to help coordinate that process with Chris Etc the town once it's decided big most important thing is if you people use that term loosely if someone can make a decision I'll help coordinate where it goes because I know who needs it most and I know the most vulnerable areas of that road well is anybody feel like we should write a short note to the select board with regard to the the C that exists on the town beach you know the the the problem I I I have with that recommendation know they have to move it it is one thing if the town bulldozes it back on the town beach in front of the town beach and levels that I don't I don't even know if the town has the authority do that you know that it's all coastal wetlands is anybody got to order of conditions and I know I know the board members have have uh emergency orders but you know there's a town doing that then there's what you want can can a public agency take take the material I I know it washed off the sights and I Know It Ro washed in the road I know what that issue is can they pick it up they picked it up and they put it somewh okay now can they take it back and and and put they didn't take it off the Lots nature took it off the lots and and then they did something in the public way you know you know is it a recommendation I don't I don't care what the regulations is I don't care what the law is just go do it no I don't think I don't I I for one will not vote that cuz I don't know I don't know what what that is if if there's if there's no problem with the town putting material back on the Lots you know I think there's no material cost difference that's that's one and the question is can can is is that a recommendation we should make so I I think that what you say has been swimming around my head all the time I mean I I don't think that the town has has the obligation nor the right nor the permission to put it on to private property and but I I do think they could put it in the town right away in front of the Lots which is what they want I don't know what we do with it otherwise and and that's one of the Motions I voted for that motion to say well listen if we have a storm again like this don't truck it away just make a pile on on the street line take the material make a pile on the street line if some of it falls on the lots I'm I'm not fussy about that but there's a big section of town property in front of these Lots that's in the right way you can see where the yellow stakes are they're you know there's there's you know 15 20 ft yeah the next overwash that should be the strategy pilot back there and then the owners get to to to whatever they get for they can do right and and that's that's different than than oh taking it up the time I I would suggest the select board has the information in this letter from the CRC that Kevin just mentioned in terms of priorities about uh shortterm needs I I don't think they need any underlining or yellow highlighting from the planning board we've spent since 6:00 dealing with requests from all over town about things that affect setbacks drainage all kinds of rules that we try and apply fairly all over town e speech can't be the wild west where no rules apply that apply to the rest of town that we just do things uh by the seat of our pants so I I think that we've got to take time and think about e speech because clearly uh what is going on there is not going on in the rest of town and if there are bylaws that have to go before town meeting about setback requirements or other things then some thought has to be taken about what makes this a special uh case because we spent a lot of time on uh uh uh vbos because we know it's been happening for a hundred years and it's part of the character of Westport but they're not legal so we have to make them legal and we have to make sure they don't get out of control and it's very complex how you do that and it's going to go before town meeting and we think we've figured out how to do something that's always been part of the character at Westport but it doesn't happen to be legal now we hope it will be legal and it protect the character West Just the Way East speech in the trailers is part of the character of Westport how do we make sure it stays legal it uh protects this with the of climate change that doesn't get done you know winging it and saying go do this go move the uh Cobble and sand uh I I think the select board can do that in the short term they can direct uh Chris to go move stuff in the short term but we've got to figure out out how to do this in a way that uh is legal and respects what happens so that this is the same as would happen in any other part of town so people in other parts of town aren't saying do you mean I can't have no setback you know these guys are all getting special treatment I don't get this kind of treatment so I I think we've got to take a little more time but I don't think that has to keep anything that you're talking about Kevin from happening I just think the select board can direct all that stuff without us thinking about it but I think the planning the planning board has to think about what are the rules that have to apply here that you can go any place in in town and say these are the rules that apply in East Beach and they're rules that we can stand up in any part of town and say these rules work for these are Westport rules not East speech rules does that make sense to you yes it does it reminds me of the 2010 uh judgment from Judge Maguire when we had a back and forth lawsuit and he had made three arguments in that injunction and one of them was that you couldn't treat e Beach differently than you treated the rest of the town I can't go word for word of it I don't have it in front of me if you guys researched it you could look at some of that validity of of that statement but um at the end of the day you know I respect the fact that you know equal and fair treatment for all that that's the the way it should be in a circumstance like we've got we are in a little bit of a precarious Zone you know I know you may changed the zoning a little bit you had to satisfy FEMA so on and so forth um but I think in in the interest of keeping Westport The Way Westport is yeah um some effort towards that resiliency which we've talked about at the CRC needs to happen and I'm only looking for a couple of short-term Solutions while we work towards those long-term goals that you just discussed yeah and I don't think that's too much to ask even if it's just a a recommendation or or or a letter from Michael saying hey you know or if he just worked with the chair to try and you know get get something moving again you know we've already missed the April 1st deadline which you know deals with the National Heritage so now you got May 1st fast approaching some of those people on the South Side probably won't have the opportunity to enjoy the full six month Lan cuz they've got a lot of work to do okay but this is an effort to try and help yeah CU we also we all want to save the infrastructure that we get another bad storm and the road gets hit and wiped out in the middle not so much where it's damaged but where the water's washing up in that area between address 106 and 142 if you've driven by you've seen the piles of Sea lead we get a bad one that Road's going to puckle right there then you're not going to have a road so I'm trying to do the best I can to satisfy our community and still try to bring something to the table for the town yeah good thank you so um I have two sets of Correspondence things here uh so on one sheet we have the climate resilience and on the other sheet we have chapter 91 for patri Kent on drift Road there's there's a handful of items in the correspondence that um really they they ought to be listed in the agenda we can go over them I mean it's there a couple of chapter 91 notices there's a notice from Dartmouth about um resoning administrative things of that nature okay well can you fill us in on what all these things are just quickly yeah got have a picture of Westport that is West that's the east branch there that's where Bob lives right there that's the up there that that's that's M house in that mountain over there yeah that mountain is sinking chapter 91 notice for this a dock on just road so do you know that I told you this before that between Hicks bridge and the fon main Bridge or the route 88 Bridge as is called which is about 4 miles using Google Maps I counted over 106 Piers Jetties Landings yep along that side of the river on one side of the river just on the drift rad side that's that that averages out to one dock Pier Landing uh Jetty every 200 F feet wow is is there some way that we could really lean on people to share a doc with our neighbors I mean look there's the doc right next door you see the one right next to we don't have the authority to do that what you say you might get into some jurisdictional area overlap with different state departments DP and I would say that you know in our neighborhood we do share a dock I share a dock with uh my wife's cousin so um that's that's what I you know up and said you you drive drift Road and you see from the street you see 50 houses you drive drift Road from the water you see 500 well then a lot of talks I give Mark I say that the water's edge is where opportunity happens because whether people are coming from the water to land or land to water they're always seeking opportunity and therefore the water's edge is the most valuable piece of real estate there is and therefore you take a straight line roughly a straight line which is the water's edge and from the beginning people tried to take that straight line and maximize the water's edge by doing this which is building geers because that line makes it more gets longer and longer because that's valuable real estate so you get peers and peers and peers Darth is holding a public hearing on April 1st so it's passed but it's forther Suite of amendments zoning amendments that are going to go to to their town meeting so so this is this is a notification that that we were reminded of and resing decision last time meeting that we have an obligation to notify the neighboring towns about changes Mike can you send email out to me please without trying to extend the the meeting at all because Wednesday is my day in Boston I be early um but in the light of uh uh my my colleague uh Mr bullet comments um I don't think there is is a need I I I see the wisdom in his remarks about you know we don't need to underline the crc's vote recommendations that that some of us participated in uh the select board have it and and and uh in in the task you know I I I think we're I I think the agreement about the need for planning on on West Beach and to and the idea of getting a czm grant to have a management plan have the all the lot owners participate in that plan so then we have a plan this is what's going to happen this is this is what you know the the I'll say the intermediate I think the long-term plan is Mother Nature may take care of that for us but but but in the intermediate Zone let's get a plan does that so I think that there's that and then you know the idea that I think with the information they have this kind of immediate need of them making decisions the book which perit issue and not issue I think it's in good hands and if they know I you know I the select board select board manages the the highway department they direct the highway department to do something it's okay with me and and I think we should I think John is right you know we don't we don't need to just like Bo are all intelligent people read and they can we don't need to highlight that point they can see what immediate action is necessary and I think we should just in in our we we should make an agenda item as we as we have planning time in our planning board meetings going forward to to think about the kind of steps and get CCM Grant application going and get you know get that plan in place and uh and you know it's not only for this summer but it's for many summers in the future absolutely so I am uh Ed by John's eloquent discussion so I think that's that's good so we have the town of Dartmouth bylaw particles then we have zoning board of appeals M exping the outdoor seating area at the Bayside Restaurant to include a non deck sh area approximately 1800 s ft in front of the existing back that's a good idea they already have it no that hearing is on April 10 okay another notification for 129 Sanford road to convert an existing single family home into a detached one bedroom accessory that is on April 10th and that's all okay uh matters not recently anticipated hearing none uh we don't have a a minutes right no okay I would entertain a motion to adjourn so move second all those in favor I we have to sign these my