and are we going out live or not okay we're doing both um first up is a administrative item for Coastal healing uh extension request for work within the route 6 Corridor um Coastal healing is the marijuana dispensary on Route 6 and they have a in order to fix Route Six where the driveway was put in um so what's what's the how much of a extension y so uh I believe Diego is here tonight uh he provided me with an update this morning that he has um Century Paving to do the final Mill and pave job out on the site in the route six Carter so they're tively scheduled for late June or early July um currently the planning board had set a date of March 31st of 2024 for the work to be done within the route six Carter but that date has came and gone um so I would suggest an extension through the end of July of 2024 for the work to be done okay uh I'd entertain a motion to extend it to August 1st so move Mr chair second all those in favor I I uh next is approval not required an anr for 1429 Main Road file number 24- 013a request by applicant for endorsement of a two lot plan of land located at 1429 Main Road assessors map 84 lot 21b do we have anybody here hi there I'm the applicant Jo could you come to the podium hi there I'm the applicant um Joselyn gambone I am expecting our engineer Sean leech to be presenting on our behalf okay he's obviously not here yet so we we could pass over that for the now um what is your address it is 777 East Broadway Boston Massachusetts okay thank you we'll be back to you uh next would be a pre-application consultation file number 24-12 Pac request by James Burke to discuss a site plan approval for a residential slh home business motorcycle Restoration located at 146 State Road map three lot 40- 40a um yeah we can go back so we haven't started that process yet so again we're doing approval not required a anr for 1429 Main Road file number 24- 013a request by applicant for endorsement of a two lot plant of land located at 1429 Main Road assessors map 84 lot 21b good evening uh Sean Le Northeast Engineers represen the applicant uh this is a lot that spans between two roads between Main Road and what's known as Macy's Lane which is an ancient way which was established uh some time ago on a previous plan what we're doing tonight here is dividing up the existing lot which consists of one hole in two pieces by this line here both Lots which contain Frontage area and uplo requirements uh by the town of Westport sing bylaws this is just south of Cornell Road that's where this is located you see here Cornell Road be right up here this is just down so uh you're splitting up uh lot the lot into 3A and 3B yes and 3B will get its Frontage in the wetlands from Macy Lane which it can't drive down you can drive down it it's tough yes I agree we plan on coming in with a common drive to access the up area on these two lots and would you have enough Frontage to do that we got 150 ft of Frontage Common Drive doesn't count with is 150 ft of Frontage on Main Road we plan on putting a standard 20t common driveway to access to two buildable areas on the L that way we don't have to do anything as far as disturbance of weap is okay so this is the same way that Gil's way subdivision was approved is that correct well gel's way that was kind of a separate thing the gel's way they had 1 2 3 four l one lot which had Frontage but had a common drive going down to a gel's way the other two lots had Frontage on the actual gel's way right okay any comments or questions from the board so the the question I wasn't on the board when Macy's Macy Lane was used for Frontage on those lots uh and determined to be an ancient way do we need to revisit that or do we just take your word for it it it's probably I I need to take my word for it but uh the book in page is 14921 I believe uh of which this is uh there's several Lots going down suddenly on May way the house is on them already uh this is the access from Cornell Road coming down through that plan created a 40t easement right away as part of Macy's Lane uh Macy's Lane was improved at that time uh to be better with great construction to provide such access for those lots I don't think there's anything on these lots and there's none on those lots up here uh but it's you can drive down Macy L All the Way Beyond uh this is uh former Fredy uh Whipple Whipple yeah so and they drive down that to access the house oh yeah time okay do you come in off Cornell how do you get in here yeah this is opening on Cornell Road down probably about A4 mile down the road from Cornell almost probably 100 ft north of judge's way oh way up there well um so uh Sean did you say you're coming back before us on this uh Common Drive yes one of the problems we have just in front is there's a pinch point at this point right here that's 83 ft wide you're proposing a bylaw that would not allow a subdivision that on this particular lot because it would have 100 so that's why you're here before exactly I mean the ideal ideally uh two flexible Frontage Lots mhm but to put another road in like J's way just to create Frontage for two lots is I think is kind of foolish it's not worth the this way we have two very nice buildable lots that have an act will have access off a nice way coming on to main road yeah I and I I think we shouldn't run to subdivision roads side by side 50 ft apart or something why not we do it all the time okay well is there anybody here for this in the audience no okay so then uh if there's no more comments or questions I'd entertain a motion uh Mr chair I U move to approve the endorsement of the plan entitled AP 84 l 21b 1429 Main Road Westport Mass because the plan complies with the provisions of Mass general laws chapter 41 Section 8 second all those in favor I thank you thank you okay now the pre-application consultation file number 24-12 Pac request by James B to discuss a site plan approval for residential slome business motorcycle Restoration located at 146 state road map 3 lot 4-4a hi good afternoon could you identify yourselves I'm James Burke uh 146 State Road Westport this is my father I am James BG that's aot James B jamesb okay so working with uh engineer Engineering Group is in his company and um he is worked on the plan and put forth a proposal after cing working with the western Mass circuit Rider to find out what possibilities uh we can present for approval and uh the sheet flow process was one that strong water system from the state that she flow is not a point source and therefore is unregulated by storm B standards and uh you know by putting the building over what's mostly a driveway existing and increasing the the overall nonpermeable for the shop itself is a is a minimal inrease obviously the driveway and the parking spot you bring to a whole another level of non perable but with the you know the process with the sheet flow and the grading and then directing the water from the G the north side out into the the U the field is a a process so hope that you guys will agre substantial amount to take care the local regulations as well as what the state might impose upon us and then if uh you know post storm water must be mitigated um you know you could look at possibly just Chambers underneath if that's required um the land is uh is almost got a natural you know ra down to a low area which you know you know he naturally collect water doesn't it's not visible but it's you know the soil gets moist and it's you know a pretty good distance you know from where he wants to you know do sheet flow and just go over the burn this whole area here is all you know wide open grass there a lot of area for that water to to dissipate and not create uh flooding there's also you know rock wall a lot of vegetation and stuff that kind of picks up that flow and my background I was a general contractor in New York city so I'm not super well versed in these areas um so I said his engineer is working with me on building the house up in birkshire and it turns out this is his thing and uh you know so you said you trying to come up with the way that it's agreeable and uh you know hopefully we won't have to do a whole you know series of Tanks to slowly release storm water um he indicated that uh he felt that you'd like to go for a you know return events mitigation over a 2year 10e 25 year event um just to you know address whatever concerns are are for major storms and other than that I'm just kind of read from what he said any kind of feedback can give us to help us get there appreciation okay so uh question just from looking at the the plan uh it looks like the low area in the back is right where that back building is is that correct uh yes well this building up here is not the the lowest area and this area here is in the lowest area the original uh firm that we had on the job came in you know with some jargon which kind of said you know like this is where a biod detention area something along those lines which I kind of I wasn't familiar with where that um so this here was a lower area this here is up a little high and this uh septic system that was put in uh I don't know 10 15 years ago that's built up as well kind of helps roll it out mhm I was talking about the square building in the back is is that about this here yeah oh yeah I was pointing here I'm sorry this this building here like I said most of the the wetness is over here over here is still pretty dry MH and then you know the neighbor is way over here and uh they actually they were know family owned both prop she's very agreable make an issue of if you get a lot of rain where where do it must Pond back there it doesn't Pond it just gets moist there's actually there's an area beyond our property line there's a rock wall at the at the back of the property line and just beyond that is is I don't want to say wetland but it's an area that the neighborhood behind us used to push water to mhm um and that was something that they had pointed out early on when we started looking around CU that area behind you looks in a higher elevation than on your lot right one on the back it does it kind of goes you know this way here and that's why he's saying that you know beyond the stone wall on the neighbor's property is where sometimes you'll see some public so um planners what are your thought as far as storm water I I would think that during the site plan approval process that the consultant would handle the storm water I'm not I'm not comfortable commenting on storm water yeah that's standard for what we do we R out all of the all of our applications to a Consulting engineer to review it for the do the storm Water Analysis um so myself as well I I don't want to you know provide them guidance on how to design the storm water just because that's not my background um but as far as this this plan goes it it would require interview um and would have to go through the Normal public hearing process for them right so would they need a a variance to have a business and residential in the same lot so they were before us for a minor site plan um last about a year ago about a year ago and I think that would be that would be Ralph's determination on the relief they would need or or something for um the business and residential district now it is commercially zoned already it's it's right on Route Six right yes yeah so you're in the commercial District um but it would be and you can have residential and you can have commercial but I'm just not sure if you can have both on one lot but you can ask Ralph the building inspector I mean that's not that said do with that as as the building is done commercially with the pl everything else we actually came for a preliminary a little over a year ago with a site plan with the building set in the back of the property Y and that was cleared as far as a variance and to move forward with the drawings however we learned that putting the building in that area of the property um would not be efficient as as far as storm water and and everything together um so then I applied for a minor change and variance M on the property as it sits without any new building uh cuz I was in the process of purchasing the property um and that was cleared uh in accordance with getting parking set up for the new variants since then we decided to work with another engineer and come up with a site plan that seems a lot more feasible so I I think the question that we're not prepared to answer for you as in this prea is whether or not um you have to do some storm water mitigation or not that's pretty much our main question you know if uh you guys have a circuit Rider that you used specifically or is it from a a pool within the state I know the circuit Riders cover different counties what's the city's I I'm unfamiliar with circuit Riders uh in this area uh with de I assume is what you're talking about so um I would I have no idea so but I would if you're looking to contact the EP I'd contact them in Lakeville at the southeastern regional headquarters um they might be able to help you in that regard or you could go to where whoever's doing this this plan for you and ask them whether or not they think you need um storm water mitigation so so what happens what happens is you normally is that you file a regular application with storm water mitigation included if it's required if they think it's required and then we charge you to have a second engineering company for us to determine whether that's correct okay what's the few schedule for that how we get started the fee schedule um to answer one of your questions I can I don't have a direct contact with the Southeast regional office for the circuit writers but I can for you website and there's um a general help line for their office on this our engineer can connect with him and then you know he knows how to design it so it'll meet approvals and thank you for taking this call app well this a this this is going to require a State Highway Road opening permit yes we got an application in already and and they're going to want to see the drainage to make sure it's not draining back out to the street so um and and this is you know this is a reasonably I I think there can be simple drainage designs Solutions but this is they've got you've got to be able to show to them that the drainage is not headed back out towards the street then number two that that you're you know you you've got great rating on this and I think if you if you sort of Follow The Contours here um I mean if you there is there is only a single driveway going up to that garage so it's only whatever whatever that is 10 10 ft wide or something and now we've got this big loop in here I I know it's relatively small but on the Frontage of the property it's a pretty big section so I think somewhere behind that those parking spaces you need to do something to get the the storm water controlled so it isn't it isn't running back out on the street and to make sure that it's not sitting up against your garage or something so your engineer should take uh if you've got to come back to us for a site plan review and and you've got to have a state permit so I'd have your engineer look at just that grading and and how he would infiltrate that water right off the back of that packing area so is it going to be required for low impact development on this I don't think so um I don't think they going to disturb too small yeah it's it's less than an acre of disturbance cuz if you're going to do that or even if you're aren't you might consider a bio retention spot uh right that's the initial engineer had created bio retention down in this area here right are there a lot of trees right there will you talk about the retention uh no there no it's open you can see this one tree is here this is where it was but down here where the rock wall is it's all trees bunch of trees in the here okay cuz when I pulled it up on the map it seemed like there were a lot of trees but that's over your property line yeah corre J towards us I mean this this tree here is a nice size tree here cor and so was this one here but the rock wall kind of almost goes like right over here I'm surprised it's not sure this we also had a recent survey done by Farland engineering so we got topographical as far we're confident from what we we saw our engineers you know it won't be back flowing into the street because of yeah it's a steady Radiance all the way back from from the street I mean this site is a pretty easy site you don't have difficult problems to solve right but you still have to solve it your engineer still has to solve it but it's not a complicated problem the way this uh slopes away from the road and the way it slopes down and the way that don't appear to be Wetlands you've got something that's pretty straightforward for your engineer to work with but he still got it generated yeah of course yeah I I can Envision a small bio retention Bas and there it's not a problem the question that we didn't answer is how much it's going to cost for the our engineer right and uh planners any idea yep so I actually just emailed you the fee schedule um but the site plan it'll be a major site plan it won't fall under a minor so that'll that's 700 and then for the consultant fee we do uh require 2500 up front but anything that's unused goes back to the go by the hour basically or by the job it's by the yeah and that's all part of the major application correct thanks for coming in early yes yeah I mean it helps to get these things out of the way first I just ask sure Mark ju just to clarify the uses that you have envisioned here the uh so the existing building nearest the road yes that's a home and that will stay as a residential use yes and then just behind it is something called an office that's another EX existing building that you will be in office this here no the one close to that you're attaching the addition this is 2 half car garage okay and that will and then it's going to build out most of this is driveway this here is about 12 ft but from here to here is uh I think it's 20 well so the um the addition you envision is a is that going to be a single story um 25x 50 steel building steel building slab on grade yep uh what you doing Frost wall all right and it's going to be a a workshop or yes restoration and uh I assume that that distance separation between the residents and the new building is satisfies okay I think the uh the engine check minimum of 10 yeah all right and then the last thing is that building the square building in the back what what use will that be that's so you'll have two separate dwellings plus an a business use yes and that's why we have a lot of six that's why we got six six places so um has there always been two dwelling on this line yes so is that preate zoning so is there any brothers is there any driveway or to that back residence just have to walk back walk down and uh all all of those buildings including the new addition will be tied to the septic system that's in place or is that being expanded it's currently both both dwellings are hooked into the existing set one of the questions we had on go check with the plumbing inspector to find out if we're required a full toilet or if it just needs to have water but the plan is that if we do if it's required to put toilet in then what we're the original design included adding uh I think uh six days or came up with to tap into the existing system so done I I think the managing the stor water right at right close to the paved area is probably the thing to do because you know there's that hbert Terrace residential street that comes in right right at the bottom I wouldn't put the water down on the property line I'd solve the water problem up where you're generating the water up and you know side Hill should be cheaper too yes the property line uh to the right of the site the rear property back yeah makes sense you you uh plan to restore motorcycles correct yes and do a lot of your customers Drive motorcycles yes so Michael uh is there parking definitions for parking spaces for motorcycles they don't seem to take up the same amount of space as parking space for cars there's there's a cat all requirement for parking for uses that are classified theing by law would be to have yeah standard space based on the area of the the building that they're constructing and in addition to the uses that are already on the site there's no specific regulations for motorcycle parking in the design so even though their businesses motorcycles their customers Drive Motorcycles the requirement is all the parking spaces be sized for cars 10 by 18 well honestly a lot of of the motorcycles we work on are longterm restoration of antiques yeah and they're all typically parked inside at all times and long-term jobs as instead of service in and out yeah as far as customers dropping bikes off and coming in and out I have you know five bikes in my shop for a year working on just them slow traffic but the residence is is a one and a half spot for yeah right there so I assume that the motorcycles arrive in a pickup truck right because they're not going to walk home typically mine yeah yeah and leaving them too more often than not okay all right thank you thank you appreciate it so do you have enough from us so can I just you for minutes and then I'll follow up with the engineer and see Y and you have the contact info for the circuit Rider awesome thank you very which one again is James B senior junior thank you okay uh next up is Buzzards Bay Coalition file number 23-5 sp- FF we need to close close out and release the consultant review balance of $822 56 plus interest this application was approved on April 4th 2023 this plan divided 559 Main Road Petty property into two lots separating the house lot and the remaining land was purchased by Buzzard's Bay M Mr chair um I have a question y uh I'm on the uh board and my preference would be to sit out discussion on this and to vote present but I don't want to uh I think this is more an administrative it don't I don't think it's anything I don't want to get rid of our Quorum no well we still have a quum yeah so I would entertain a motion uh I I moved to release the inspection funds of $822 56 plus the interest for flexible Frontage plan land dividing plan 69 Lot 12 and Westport M second all those in favor I I present okay uh next is private Acres W also called Walter's way file number 99-05 c close out and release the consultant review balance of 5 $4.98 plus interest I I move to release the inspection funds of $54.98 plus interest for the definitive subdivision plan private Acres Westport Mass second okay before we vote I just wanted to ask a question of the planners I with Walter's way we used to have a lot more money did we give it to the homeowners no so we're still holding that for charity but as far as the consultant review balance of $54.98 that can be released okay all those in favor I [Music] I next up is uh 795 pin Hill Road file number 21-3 sp- cd- FF close out and release the consultant review balance of 5 $571 and3 plus interest this project was approved on July 13th for David and Paula emilita I moved to release the inspection funds of $571 and3 plus interest for flexible Frontage plan at 795 Pine Hill Road Westbard mass for David and Paula emita second all those in favor I I uh next is sus way file number 24-4 sp- liid endorse site plan approval low impact development decision in Associated plans located at zero SS way map 57 Lot 19 and 24 this is something that we just approved yeah you already approved it it's just endorsement of the decision right um if you want to do at the end of the meeting that's fine well you want want to do it now let's do it now the plans are in the office but you can Endor the decision I move to approve the site plan approval low impact development application for sunrise on su's way LLC for property owned by uh Daniel C Perry Trustee of the John B halfway real estate trust located south of sus way between Route 88 and drift road assesses map 57 Lots 19 19 and 24 pursuant to West zoning bylaw section 8.2 site plan approval low impact development the second all those in favor I I I [Music] next up is approval not required anr map 87 lot 5 for 461 Old Harbor Road file number 24-8 a request by the applicant for endorsement of a something lot two lot plan two two lot two lot plan of land located between 435 and 471 old Harbor Road assessors map 87 lot five so this one's actually tied to the flexible Frontage public hearing at 461 Old Harbor Road at 6:45 um okay so I don't know so let's let's pass this over for now and come back to it uh next would be the 6:15 public hearing for plat 54 lot 20a marot drive file number 23-31 c continued from October 17th 2023 December 12th 2023 and February 6th 2024 there's a request by the applicant for a continuance to July 16th of this year uh at that meeting and what time 615 uh you want a motion please uh Mr chair at the request of the applicant I'm moved to continue the public hearing of plat 52 lot 20a marot Drive uh to our meeting at 6:15 on July 16th 2024 second all those in favor I I uh now we have the 6:30 public hearing for plat 21 lot 8A Mellows way file number 23-28 sp-li continued from October 3rd 2023 November 14th 2023 and February 20th 2024 good evening director Bill Smith civil engineering concepts with me tonight are rich blank the the developer or the applicant and Katherine Carlos was the owner of the property uh this is a continuation of low impact development application uh property is um mow way and shet Street lot size is approximately 15 Acres this is after the fact permit clearing in excess of one acre property clearing was accomplished in this this area of the property there's a vegetated buffer that surrounds the um the exterior of the property um originally the plan was for 39 acre 39 unit independent living facility um that the current plan is no development the applicant is no longer pursuing that project and uh is no longer purchasing the property from um Miss car Carlos um we during the original permitting process we did get an EPA uh nift's permit um there is weapons that are located to the south of the property uh South and South East which is shown here and there's also a weapon over in here that uh that exists the uh we we did uh we're proposing that the um during the development of the process when the clearing was done some gravel had been added to the to Mellows way couple inches in this this area over in here and this uh Stone driveway was also added uh we're proposing that we we bring that back to the original grade so that we don't change the um flow patterns on the property the uh the site was not not graded uh other than through some soil testing that was done when we did our test pits um when some stumps were removed um they were removed by an excavator there's never been a bulldozer on the site that's uh caused the um Contours to change uh with with the exception of you know a few inches as opposed to um large cups and fills um we took uh s Cole um Roger poan um prepared a report for the board um we agree that there are ponding areas on the site uh at some of the test pits um those settle over time um so there's a little bit of depression storage that that occurs there Roger referenced some uh ponding over the gas easement which is uh well beyond the ownership of my client um and it's not anything that's attributed to the work that was done associated with the clearing um there is some ponding that occurs in the Southeast Corner down in this area we have some pting that occurs along inside this driveway and in this area um ponding in here this used to be the old um cart path in and out of the property and um when it was used for some of the clearing and the soil testing that sort of thing that cause that to deepen a little bit and hold more more water than it initially did there is some ponding that's occurring here the roadway is is is higher than the land on both sides of it so we are getting some some depression storage the topography out here is is very flat um so it doesn't the water doesn't doesn't move very quickly uh there's a lot of depression storage on the property when when Lighthouse Lane was established there's uh in 03 I believe it was there's a wetland pocket down in here and I think some of that has uh attributed to some of the some of the water that uh is being seen on the um on the adjacent properties um there is a pile of trash on the property looks like it's uh clay tiles or uh porcelain tiles um which will be removed we were hoping to have that done before the meeting tonight so I can report that but we will get that out of there um one of the the neighbors had reported to Roger that there was a referred to as a Jeep Lane in his report uh mow way and that was actually um higher an elevation than than the road as it stands now um gravel was added to that that gravel there was no cutting of that that land and and I think that that um incorrect information LED lot Roger to believe that by nature of the being the elevation being lowered we were allowing more water to get to the East onto the neighboring properties that's not case we ra we raised it a couple of inches um not significant but a but we admit that it was a couple of inches there um I talk with Mrs Carlos and she said that about 15 years ago that property was was loged so it's it's certainly not an old grow Forest uh or pristine um pristine Forest before uh Mr blank got involved in it a lot of rocks on that property um vegetation if you look at some of the photographs the vegetation is coming back in in a in a very good fashion at least in terms of my uh my opinion um so it is restoring itself um yes we don't have the taller trees there but we do have a a a good undergrowth um that that would tend to slow down runoff um cause cause additional infiltration the the uh the fresh and storage that I talked about um would also do that same thing so it it promotes the infiltration as well um so I I guess my my position is that Ro well let me back up Roger's comments and Amy's comments were that um we should install a BM along here and then have a um cut in SW over and through here in the undisturbed portion of the property um I I personally don't see that as necessary I think the way the property is re revetting we're going to have a similar condition to what we had prior to the uh to the clearing and um talking with with the owner she does not want to um have sailes carved into her property or have any more work done on that um and be be happy to answer any questions that you that you may have so uh Michael is it possible are the do you have the pictures on your computer can you put them up [Music] can I Mar on on some of the pictures help sure so the this one uh is kind of a sideways view but it's the end of that gravel laneway or that stone laneway uh and that some of that depression storage that I talked about it's on uh on Mrs Carlos's property it's not along the roadway um the next one is also on the propert uh it's just it's a very flat area there's there is what I call depression storage there and that's that's just another site again on on Mrs Carlos's property and not on the neighboring property or on melo's way so where is this where are these two pictures that one was taken looking towards the north from that driveway um so if I I can swi back and for between so could that sure that'd be perfect so the the first one was taken here looking that way the second one was taken this way and again some of that that depression storage that is on the property it's on on the site third picture is here's the gas easement um that's been cleared for many years uh it's it's appears to to be like that uh and again nothing that's been done as part of the clearing that the developer had done um this is uh melo's way looking that's on the east side so looking we're looking this way this is the uh Carlos property over here you can see there's the road is higher there's water that's ponded here there's water that's ponded over here um you can see a little bit of water crossing over there's another picture that shows that but it actually shows the water going onto the Carlos property as opposed to going the the other way can we go go back to the site plan to show where the top photo is taken sure um so gas easement is here right so look there's there's a little depression right up in here and that's that's what that's looking and you can see the the fence line and I believe it's the fence line for this property um over here this looking down the Gas easement this way this the second one where we've got the ponding on both sides was taken down in this area and this is looking this way this one is looking 90° to that last one that's on private property um um for the lighthouse Lane property those those piles of uh wood are still are still there this one I believe is again uh similar to that uh I don't know if it's nor that that's looking um onto the private property you can see some of the lighthouse Lane houses in the background that's one of the lighthouse Lane properties and um that I I'm not sure exactly which house that is I tried to figure that out this afternoon before I came to the meeting that I I couldn't pinpoint exactly which one it was um again there's some depressions in The Yards where the we've had so much rain this past month or so um seems like there's water everywhere same same thing this is up closer to the houses now the houses are quite a ways away from melo's uh melo's way this is I'm not sure where that one was I had a reference but didn't didn't look like it included that one one um that I believe let see I think that's looking Westerly from mello's way um onto this area in here which was the Old Farm Road if you will where it it comes down and it's created a depression there um this is looking down mello's way this is uh one of the property references the corner there's a stone wall right here that goes this way looking Northerly along meow's way there's some no dumping signs that uh we referred to or alluded to in my my email this is again that that same area South water is ponding here the gravel roadway is a little bit further to the north and it comes in uh you can see that the the water is actually flowing this way you can see the turbulence that's that's cross there so it's coming from the lighthouse Lane the East Side Crossing mows and then coming on to the Carlos property this is down off of um shabot Street and the Oak Ridge Development is down down here uh this was going to be uh a access to the property um and there was some Stone there for construction entrance uh which has has been removed and it's revegetating that would be up in this area over here looking this way so this is on the Carlos property you can see the the vegetated buffer that hasn't been Disturbed um this is this is some of clearing that took place um to the to the bottom of the photograph again looking out uh into some of the cleared area you can see where the vegetation is is coming back in in force and some of the vegetation the vegetated buffer that surrounds that get some more lots of rocks out there um were vegetated before um still aren't vegetated um again here this was an old roadway that uh part of that Old Farm Road that came came through um and it's coming back a little bit slow with the vegetation but if you've got a pretty thick stand of vegetation around that same thing here and here and there as well and this is that this this is the gravel or the stone U Drive that we talk about no's way is running perpendicular to that that's the the the tile that we we will be getting picked up again more rocks more vegetation okay thank you Bill um Mr chair yes to uh Bill and to Michael unless SW Cole uh missed it with all these photographs it it does not seem from the photographs that this open field has turned into an attractive nuisance which is what I was worried about people coming in with ATVs or dirt bikes and uh carving up making a lot of noise uh because you don't see any evidence of any trails that such uh uh bikes and ATVs lead now is that a correct assumption to make I I've tried to go out there after every heavy rainfall uh for the past six months just to better gauge what what all is going on on that property and I've not seen any Trails tracks anybody on an ATV or dirt P so um and you don't know if anybody they go down they go okay so the the gas easement I think is a better um opportunity for them but we did have some pictures of the gas easement it doesn't seem like that's that's running out or or warm so the gas easement would affect all kinds of properties not just one all the way down from tickle all the way up see them you can't get right understand but that would not be unique to this property that would be go on the I off when I first started yeah okay thank you okay um so U Michael or Amy want to go over the Cole report um sure want me to read it please well I don't think you need to read the whole thing but if you could read the basics sure yeah um okay so I'm just going to read is just three paragraphs of his comments okay the first area behind 23 Deval AB at the northeast corner where drainage would be impacting neighboring properties is noted to be as predicted for drainage area 2 pre-development conditions have the flows from the smaller of the three dra areas flowing toward the southeast corner of 23 Deval ab and no change is noted currently the last work that was done impact at that site would have been when the gas pipeline was installed the second impact area is behind numbers 42 4650 and 54 Lighthouse Lane based on pre-development storm water map these flows are predicted to flow in that direction the removal of the vegetation that once slowed and held back much of the flows and the removal of the deep way that once existed flows on to said impacted areas has increased the applicant's recommendation to allow the cleared areas to revegetate themselves to create the required vegetation area as once existed to hold back in slow flows as a plausible but extremely time and but extremely time consuming the vegetation that was there probably took decades to establish unfortunately the impacts are being felt today by the affective neighbors one consideration to mitigate this problem caused by the pre-approval Construction C work would be to install a small BM of porest gravel starting at the stone wall at the southeast Corner then going southernly paralleling mello's way for about 200 ft until it ties into the elevation 235 Contour point a sell running from this low area toward the southwest corner of the property should be created bottom of this sale should be the elevation of 234 and will end when it meets the Contour of elevation 234 the included photo now so do you have any response I I do so the uh 23 dayall is up in here that's the gas easement um Pond that was shown on that pH photograph that was not um not not attributable to the to the work that was done for the clearing that was done when they back filled the gas SE and they left low low spot there the other properties are uh mentioned the lighthouse Lane that's these properties down here um that's the one where we we talked about the water is Flowing this way in the photograph um and that the road was not cut out to divert the water this way was actually actually filled a couple of inches um and it is low on both sides of the road and they to uh tend to collect water there um there is there is a wetland for the the uh um Lighthouse Lane subdivision that is down in here so it's it's certainly um a damp area to to begin with and again the the topography up in here is extremely flat so there's not there's not a lot of slope to to push water around there's a lot of small depressions of that is evidenced by the photographs the the BM now Roger talks about U porest grael BM and he's his sketch showed that being installed in here on on the west side of the roadway with a uh Swale coming down through here if I can just bring to your attention you have a weapons line down here this is all vegetated um I hate to have to take more vegetation out of the mix um to do that and again a a porest gravel burn is really not going to the water's going to move through it anyways um I I don't I don't know if that would I don't think that that would be as as function of as he he would like it to be so uh with mello's way in that area you raised the level of that anyway we brought that up a couple inches of gravel over top of it and our our our position was let's try and restore what the original drainage pattern was there U by removing the gravel um if the gravel itself could act as a burm to provide that same function that Roger was talking about a porest gravel um and it is it is higher than the uh than the neighboring properties so it would would in fact act like a bur and we'd be we'd be happy to remove it we'd be happy to to leave it there um whichever the board is is most comfortable with well it's with the two of you disagreeing on what the mitigation strategy should be uh perhaps you ought to meet with him out there and try to Hash it out I know um their report came in um didn't give me a lot of time to to U formula response and had to consult with my client and that sort of thing so I haven't been able to uh and I think Roger is semi-retired so I'll have to go to Derek to to get back to Roger but but i c certainly would uh be be available to to chat with him if if the board doesn't mind me going around the you know not doing it through the board but just doing it directly be out there if he wants to or or what Happ so I'm going to go to the board first any questions comments I'll get to you planner being okay so this has been going on for for a while and I think there's two there's two issues at hand here I think that something needs to be done for mitigation for the water that's going on to you know the abing properties but I also think that and what you're proposing sounds good but I would I'm in favor of of going more towards what DK's recommended I I think that a lot of it also is just because we had like an insane amount of of precipitation but I think that going the more conservative route with the burm and the Swale um would be would be better for the site only because we've seen from the pictures the massive amounts of water that are pooling on the property and then going off the property as well and the revegetation it is re it is growing back but you know a lot of large trees with root systems were taken out so that won't properly revegetate back to its you know preconstruction status for years and years just to have one follow question as as we said with when Mr Burke was here we do rely very heavily on our Consulting Engineers to provide us these recommendations and typically that's that's the way you go with theom I think in this case that that would be our recommendation because that's what was recommended by a St but ultimately decision well the the question in my mind is with the pictures uh Mr Smith is contending that in some of those pictures the water is going from the neighboring properties onto this property not the other way around and I I think it could be that it's the low point right at the PO line and sometimes it goes one way and sometimes it goes the other I don't know I mean so it was just my thought that perhaps if they got together they could come back with us with a solution that would be that would work and be acceptable to all parties I just don't know yeah that would be my inclination to ask Mr Smith and our consultant to meet one more time on the site and together together together together any other comments we have we have theant and property on your hand too yeah interested I'm going to hear from Neighbors I think also there's almost no harm in I think there's no harm in in taking the the stone Gravel Road that was created on Millway if that were graded down someplace so that the water whatever trapping that does and it's pretty flat as you know and I haven't been out there recently but I was out there quite a few times um and and getting getting that lower to its original grade even if it's if it's just a you know a couple hundred feet with the water seems to want to run into that little pocket that's uh that's just there right in there you know if you got that out at least the the water the road itself is not creating a dam for the properties that are on the Lighthouse Road now that might might mean that they continue to drain but before all this was done I I I suspected it was the water was flowing ultimately there's a little Crest right on that site that is it's there's a little flat Ridge at the top but but basically the water is the water wants to run to the west and and down that slope so taking taking whatever the the the dam effect of the road out res to the conditions it was when it was a natural catp and then we can see the water gets relieved from the back of the neighbors's Lots so yeah I I think that's a good idea CU if the water wants to flow in this direction and the road is preventing it from it it it seems to the neighbors like they're being impacted by your water and even though it's probably coming out of their ground it's could be I I don't know in in all the lots to the South along mow Lane the the the immediate Southern lot has a has quite a large F land on and the lot below that it has a construction yard or something in it it has a lot of water standing right alongside the road that's a w one from the 2003 subdivision plan so it's it's it's not um unfamiliar with with water and standing water there that that Wetland is is down in here and it used to relieve itself across Mellows way down down here and that's been that's been raised a little bit too which could cause some of that water to build build up here and then have to to reach a elevation to allow it to releve itself so you're creating you know the the Lots on Lighthouse probably during their construction we bounded a little bit so what what a sort of a flat just sitting at the top of this this hill you know no it's just a place where the water standing I think getting the road back to its natural shape and see what that does and that's that's a pretty easy piece of work should should we one one suggestion I have is maybe that that sounds like a reasonable solution and maybe we should just ask Amy or Michael to propose that to Roger and see what his reaction is and maybe don't need a site meeting yeah good thing I think the site meeting would would be helpful because and I can bring my level up we can check grades and things like that that that you know to ascertain Which Way water is moving where it's moving you know that kind of thing I'll try and scrape back some of the gravel so we can see what the original grade was um and and hopefully um we can agree on what what makes the most the most sense in in terrain like this it's not easy to determine which way is going down the road so John um my my first reaction I confess is you take down all the trees without permission put them back but I think uh that's not uh where I end up on this I think as others have said the main issue here is water and how it affects uh neighbors and and that is where the focus would be with uh grading burms or whatever it takes to do that I I think if they is not uh an incursion on this I would call it a meadow by uh destructive forces like mountain bikes and ATVs with the exception of the uh gas eastmen then what's going to happen here here are the four stages of forest development it'll start as a meadow and then you'll get uh the second stage which is you know small shrubs and then you'll get the third third stage which is uh softwood Pines and then you'll get the fourth and final stage which is Hardwoods and that will take some time but it's also kind of the way uh Forest develop and every one of those uh ecosystems attracts different animals and has different benefits and it happens by itself without a lot of heavy equipment coming in digging big holes to plant Big Trees uh and it and so people who are there see it and it's uh gentle on on the environment and we do have the the latter stage around around the property and the the area that's been cleared is is starting to vegetating the first stages okay so you would like to speak yes first of all could you identify who you are yes I will than my name is Tom lochman I 54 Lighthouse Lan and uh I own the property for this is 2013 haven't had one problems until they changed uh start developing the back and this winter I had a flow of water from middle of January about the 10 of January somewhere March and I sent pictures all the time to the U the town of the water coming through meows Lane and I walk the property in the back and I met the to engineer and um um the water isn't flowing on their property the water is starting up here it's flowing there and the water used to flow out and you stay on no's Lane now there's a a ridge of dirt and boulders in here that is higher than those Lane and that's trapping the water as it flows down and the water is flowing every direction up in here there's a puddle in here up in in here the puddle off of the gravel here show so pictures and then it floods through here and it goes over Ms way and the reason why it goes over mows away is that the back over here where it used to flow out this part now was higher and I came down few months back and Michael corrected me he said this area was cleared and graded at was your words and I said okay so now we have a comment said that it wasn't gred and so I don't the if you look at the map in here I suspect it in here it doesn't match the M the map this map doesn't match reality but uh we have neighbors here who have walked here and if water is Flowing there the water isn't flowing from here over the um in here it's dry okay the along there's a stone wall here and the water and it's sloping down so the water if you you stand on those Lane and you look down the property line of the stone wall you can see it slopes down and even if it came in here it would flow down this way it wouldn't go out here okay so you can see all these ping and you see the flow of water going down it's running okay so uh uh John testified to the same thing it's running down out here and we've never had this before and the what's happened here is first I thought that melo's lane was getting worn down what's happening is thebr dirt is coming down and it's filling this Pond up so it's getting a little bit higher so the amount of water that's being held back is less more water is throwing across the whole thing but in the past these the water went that way and the I can remember going up and walking down to a over development and when Ste off mow Lane you Ste down about um 8 in onto was a a trail a roadway a dirt road or whatever a path down this way and there was another one coming in here cantic and as you walk down you were going downhill and felt like I can recreate it but the slope was there down and if you come now you go in here this is higher than here and that's what's creating the problem and when I was out there the engineer would walked through this whole area was boots look down here and he can see it I don't know tell you okay thank you um yes hi my name is Kelli I did you talk more into the thing oh sorry um my name is Patty lucarelli I live at 42 Lighthouse Lane and I'd like to address a couple of the comments that were made first there are ATVs in motorcycles that travel along the back of the property they're not going through now because it's too cold but in the warm weather they're constantly back there I hear them because my property abuts that so I hear them all the time and that's just happened in the past year or two years so it's happened recently so there are that there is that nuisance back there second the the water flow that's traveling through Mr longman's property is actually flooding parts of the sidewalk and the street um I know because I walk my dog in that direction every day but that's where the kids wait for the buses so they're not able to stand and wait for the buses on those flooded sidewalks instead they're having to stand away from the bus stop or on the road area of the road that it hasn't flooded my last can you point to where they are standing or trying to stand it's not going to be on this plan I I can't I it won't be on this plan in front of in front of your house I don't know where so here's here's the lighthouse L right here yeah so it's it's all in here gotcha thank you through the last comment that I'd like to make is that the the town engineer that um that authored the report that was provided to you has no financial interest in anything that he's recommended as AOS you with all due respect to this gentleman here he's representing the owner and the developer he does have they have a financial interest and not wanting to spend money or how much money to resolve this issue so I would employ the board to give the weight due to the your engineer that you could get to your engineer and I I don't know if you have any other questions for me but I I am concerned with the amount of water and I looked that late house for I believe 11 years now we've never had this issue before thank [Music] you could I just respond so the the question about this area and through here being regraded there's there's rocks the size of cars in there uh we dug test those we pulled some stumps and but we never got in there with a dozer we never changed the grading other than the cleaning up the the work that was done so there was never never a an intent or to raise this Gra that was never in the accomplishment it's fairly close to what we had when we we did the Tok depending on where we take our shots so um the backyard down here is a wetland um we had probably with the wetest March um on record we pretty close to it so uh and and and I know this has been going on for a while and I've seen the photos and I agree with the photos i' I've seen the same the same pictures and such but um but I just uh as far as US changing the grade on that property to deflect water in a different direction we haven't done that thank you thank you anybody else yes sir hey my name is John Danforth I live at 50 Lighthouse Lane I've only lived on Lighthouse Lane for a couple of years so I don't have the historical perspective that my neighbors have offered um but talking with them as well as other neighbors who are not here tonight um it's clear that there's a um a correlation in time between the development and uh a change in patterns of what the water is doing um I think that's important because it doesn't show up in pictures I also want to say that if we're going to look again you know uh together or however at the site it might be useful um to go out while it's pouring and I'm saying I'll say why I'm saying that um because um as Tom was saying how the water um does flow across from west to east at the point of I think you called it a cartway the the lower the Southward driveway kind of thing is that what you called it a cart way a cartway is that what you call there a c yeah thank you I just want to make sure I got the word right um when it's raining I've definitely observed um easily visible flow from west to east um as well as from north to south along melo's way but it's easiest to see when when the water's really coming down I mean I know we've said the the the lot is really flat that we're talking about um and there is in fact a a fairly deep depression just off of melo's way to the west of that um where the cart way is it's after a good rain it's it's more than 2 feet deep there um but the land to the west of that pooling is higher than melo's way is even if melo's way is say an inch or two higher than it used to be I could you know I saw it before it was was reg grappled but I couldn't tell you you know I'm not an engineer well I am but not that kind of engineer um but it's um it's easy to see how even though there's a bathtub there if the rim of the bathtub on one side is higher than the other it's going to overflow the lower lip of the bathtub first if that makes sense um I think that's all I have to offer other than to support what my neighbors have said thank you thanks anybody else so Mr Smith do you have anything else uh no I don't um one second please I think getting out there with the two Engineers they can see when it's raining or after just after it's raining un this thing is a Sunday tomorrow every other day but unfortunately it's happened this has happened at the same time we've had more rain than we ever had and everybody could be right including the home runers and everybody could be right yes sir I couldn't season but I wanted to point out that U the folks on the lighthouse Lan and those been problem since uh I think very early 2023 um well since since that time we've had more rain than we've ever had in that period of time so I'm not saying that that's the reason I'm just saying that there's been a lot more rain than normal no denying so could could I um impose on the board to allow me to try and with Derek or Roger and then uh get back to the to the board at your next next month and try and come up with a solution that's um satisfactory to them I I would approve that so yes I agree so do we need a motion no we need a motion to continue this hearing so I would I would suggest that we continue to June 4th instead of May 21st since we have already three public hearings on that note okay what time is 63 want a motion Mr chair please um Mr chair I move that we continue the public hearing for clat 21 lot 8A meow's way uh to June 4th at 6:30 for the purpose of the applican conferring with s SW Cole on the uh uh to to resolve the issues of uh water runoff primarily I second that any discussion all those in favor I I thank you okay next up I'm going to go grab Sean yeah is he where is he um we had a conservation meeting in D at 7 so think he's taking that here in a minute if you okay let's move on to something else um well assistant planner report so my update is on the accounts that we have that we have lingering money in so we just released pin hill 559 Main Road and Walter's way so we're still holding charity for Walter's way which is fine that's $24,000 plus interest um isidoro Court I believe we can probably close that out at the beginning of next month since there's been a dismissal with that case but there's an appeal theod for it Coastal healing we're still holding shity for for $25,000 and that's for the paving within the route six Carter but I'm sure we can hopefully release that by the beginning of the summer um and then we're just holding some shity for some solar arrays for the completion but that should knock out a lot of the lingering accounts that we have okay and talk about uh it brings up a point since we have a minute or two um what is happening with Walter's way nothing no I I would I would think that we probably need to move on that um I think that because we didn't have a lot of snow this year the neighbors or not the neighbors the people that live on Walter Way didn't you know call or make any complaints but I think that we should use that charity at some point in the near future to to to improve that so that so the point um and I I had um with having Amy report out on the shity accounts is that with these different shity accounts that are outstanding and happen outstanding for some time I think we need to start initiating the processes to pull the shity have the public hearing and then have the town contract do the work or you know contract out to do the work so we don't have these Loose Ends um carrying on and per right right as long as we don't give it wa too soon and end up with a bill we can't pay for so and that's happened okay that's it that was me okay planner support so we have we completed um a congressional delegated spending request with Senator War Mar office that was a $5 million request for the route six sewer um Roger Fernandez helped us out with that and that was for sections two and three of the sewer regarding our national Co can I ask you question is the plan for town meeting to go with phase one only yes and and that's uh supported by the infrastructure committee and the select board I don't know if it's been formally supported by the select board however when we were at their meeting last night they expressed support for that strategy but I don't know if they made they couldn't support it without a dollar figure and the dollar figure won't come until Friday Friday 2:00 the bids are opening bids are opening but I think Bob on the IFC so you can I think but that's the that is the that is the plan and it's it's in the $8 million to reduce the motion would be on the funding to reduce the the uh motion from $35 million to something around 8 million and uh if I am permitted two followup questions um do do we think that gets us finance committee approval uh some of the members of the finance committee said they thought that's what we were going to do and they would have supported that do we think they'll end up supporting that I I think there is a chance that they would and we are meeting the ioc is meeting with them on uh the 30th and we have a list of specific questions and as soon as we have the bids we'll be able to put the exact numbers in and then last question uh mechanically do we have to introduce the 35 and then amend it from the floor no we can we can I don't know whether I will do it or Steve will do it but the the I will will the the the Moder will ask if there's a motion to the floor and we'll just move to amend the the warrant as it's produced as it's published $35 to 88 million okay so that's pretty straightforward right and I I saw an email from Mory that Town Council has uh given him or somebody the right wording for this amendment so I think that's good all right so we submitted a pre-proposal application for $450,000 to develop a multi-jurisdictional coastal resilience plan um with Dartmouth and Little Compton and that was with the national Coastal resilience fund so well see if we get invited to submit a full application to that regarding the route 88 d neighborhood to Dartmouth neighborhood plan I submitted an expression of interest in in partnership with surad to develop a neighborhood plan for the area that's in between about 88 looking at what incremental ways housing could be um increased and and and that that Corridor and also um looking out what kinds of small amendments we could make to improve um business zoning that area as well um On a related note for the the zoning John we weren't here at the the work session but the board did decide that the zoning Amendment the article articles 34 and 37 which are for the Science and Technology overlay District amendments and the Westport Gateway District they made the decision to um make a motion at town meeting to refer those articles back to the town or to the planning board for further study good I don't know the other I I think that's the correct way the the town attorney suggests that we do that as opposed to passing over I don't know the so so our project is for the quick aan River Rail Trail is moving along through the um transportation Improvement program I submitted the project scope section of that to mot this week so we'll sit down with them and and ser B to work out more details for that that project once they have time to review it an update on our MVP 2.0 grant our core team for that Grant is formed and we had our kickoff meeting last week we're now doing training sessions to prepare the group to start doing um climate change public engagement and an update on our online permitting Grant we had demos with our top reviewed um responses to the RFP and uh we've picked out a a staff favorite and I think we'll be working so we we sat down with conservation we had people from Board of Health um the building department obviously and planning and so I think now we're going to be working towards selecting and Contracting with a vendor in May hallelujah it's only 20 years late it's been been a long time coming to with you know get things moving on on the gr as well so be nice to get things in in motion so just as an aside over 18 years ago when I was just sitting in the audience and watching the planning board and then I was watching the Board of Health and then I was watching conservation I I I programmed a program to do this and I went and showed it to Tim Gillespie who was on the planning board he said that's really cool but it'll never go because nobody wants to do it well we're here now and we have the money and we got to spend it so you know but I was anyway um have one question of the Town planner so uh Michael uh having approved the expenditure of uh roller skates for sha leech so that he can get to uh meetings back and forth in the same building how long do you expect it will take to Pro procure those know do you need me to apply for a grant 30 years so still going be doing this in 30 no perfect I hope not God so my last update here is on our c replacement grant that we're working on with Buzzard Bay Coalition these are the undersized CS that Angeline Brook and SN Creek [Music] um we they issued we're we're partnering with them they have some Grant funds they need to expend from different grants they've received and we're combining our funds to work on this project and so they put out in our RP for Engineering Services that was due um a couple weeks ago and so Ed to select a form this week to start doing that preliminary C design um for wildlife Crossings and having kind of more right siiz CTS with climate change and increase increase stor water flows so now we can is that for the Cornell Ro cross it's for Cornel there's three different locations I don't remember off the top of my head but one does include Corell Adamsville and Cornell Adamsville where's the one in about a mile south of the main road crosses uh oh on Anil road yeah yeah yeah yeah got you okay is a concern because there's still seun brook trout in that that's exactly what it's what it's for it's for the seun brook trout there's still in Angeline Brook I think they still come up I caught them a couple years ago did yeah and Angeline Brook is another one yeah Westport has more cold run brook trout than any other town in Massachusetts I think yeah well Southeastern M for sure yeah okay uh next up is the 6:30 public hearing no no I'm sorry the six uh got to go back 615 public hearing no no 645 the 6 plus the approv not no no the approval not required where's that it's on the other page number H it's on the same page as the 645 okay it's a it's a little one here okay approval not required anr map 87 lot 5 461 Old Harbor Road file number 24- 8A request by the applicant for endorsement of a two lot plant of land located between 435 and 471 old Harbor Road assessor map 87 lot 5 good evening uh for Charlie Mero applicant of M 87 lot 5 sh Le Northeast Engineers this is a flexible Frontage in which we want to create basically one lot that is actually a flexible Frontage lot uh shown as lot one on this plan with 70 about 76 ft of Frontage back and area meet and up that me to requirements of of flexible Frontage uh reason we like to do this is there already two lots cut out here and we want to Cluster the homes in one particular section and keep the rest of the land uh open uh for future considerations uh we're not sure what those considerations are this map also includes Lots uh land in Rhode Island but we did not include that as part of lot two because we're only concerned about the The Landing Westport and there was confusion uh with the assessors with areas and things like that on this slot but I think we've got that straightened out hopefully uh but what we're CV basically is one flexible Frontage lot and leaving the remaining land as is with about 350 ft of Frontage left and about 8 Acres uh we're creating a lot with a little bit less than 3 acres with the 76 ft of Frontage which meets the frontage requirement as listed here in the table for uh there were I know there were some comments I don't know if you want me to address the comments or anything here there are a couple of things that have added to the plan since then but we were waiting for the final plan to see if there are any comments from the board itself okay um is this the same are these the same Parcels on which he is uh looking for a site plan review no this parcel is separate and the other parcel is this will to the north of this uh completely different parcel north of here up in here so this is this parcel this this is kind confusing oh here is the parcel with the house the library and the barns everything is this parcel here this is this parcel here and the one in the middle is the one he wants to keep I think there plan and I don't I I don't want to say this and I don't want to commit to anything obviously there plan to combine some of this with the Scot land truck which is just on the other side of the yeah yeah okay okay um you want to read the comments from the various boards let me just get into well that's not part of this thing it's part of the the uh Flex the flexible Frontage [Music] so maybe we're doing this ass backwards shouldn't we do the F flexible Frontage first that's what I mean that's why I think the the hearing at 645 should be flexible Frontage consideration approval then the anr all right right yeah so let's let's depart this one and go to the 645 public hearing uh for 461 Old Harbor Road file number 24-8 sp- FF request by the applicant to consider the special permit applications of Charles marrow for property located between 453 and 471 old Harbor Road assessors map 887 lot 5 owned by Levine Edward Harris trustee Trustee of nus Hill land preservation trust pursuant to Westport zoning bylaw section 8.6 special permit for a flexible Frontage requesting approval to reduce otherwise applicable Frontage requirements on a public way in exchange for a corresponding reduction in development density creating one new lot so I think you've already already said what you had to say yeah I think so I one new lot actually because you're cutting out one lot you're actually cre two lots you're creating two lots so and you're using just shy of 75 ft is Frontage on the smaller lot correct we're basically squaring off the edge of the property is what we plan here this uh this is Ted Canary's house here this is going to square off basically this there the way this configured without this is kind of unusable land for the remaining M and the the extra rectangular shape this is a 25 ft setback uh on the on the interior that's the those are the only M sets that are required under the flexible Frontage 25 ft to 75 ft so that would be the zoning offset we have added uh since added and I sent to the assistant Town planner uh a building un loading here showing it uh which is requested and it's part of the notes as part of this fle furniture plan but we're waiting to see if there's anything else that the board wants before we finalize the M off so I hate to digress but I think you're pointing out a problem with our one of our articles the town meeting um that requires Frontage of 100 ft back to the house back 200 ft right so and yet we're allowing flexible Frontage down to 70 ft with 70 foot Frontage right it it's it's I don't know if the concern because the special perm for flexible front says we can reduce that and there is a different set of requirements flexible Frontage outside what would be a traditional anr 100t wide 100t Frontage type lot uh where this is a special permit that says you have the discretion to say we can go down to 75 ft width or whatever the case may be could it would kind of be self-defeating if it weren't that way 100 ft would kind of kill the fible front [Music] so is there any reason why it's 74.8 6 ft instead of 75 ft or something it's because when we drew a straight line we had a certain area and to meet the area you know par everything parallel nice and square to meet that area you get to a certain point where the geometry of this lot and the frontage here makes nice straight line it goes far back I'm sorry I'm not following you but it would seem to me for .14 in or feet that it would be it would look exactly the same I I don't think I don't disagree with you probably pick up like an extra 100 square fet but I don't disagree with you this is what was shown okay so uh planners you want to read the comments sure um so the comments we received were um mainly from the zoning board of appeals um and these comments have been rectified since then but the comments read the field card for 461 Old Harbor Road assessor map 87 lot 5 is 8.1 Acres which corresponds to the size of lot two accordingly we do not know where lot one came from the property record card there appears to have been prior subdivisions of this lot further according to map Geo the lot is 10.95 Acres thus the ZB a cannot discern that it's actually that what is actually being subdivided as the records are inconsistent and should be updated further both the Assessor's card and the registry of deeds have the owner being nudus Hill land preservation trust with EH LaVine being the trustee this is a nominee trust as the benefic beneficiaries of this trust are private are we certain that Charles marrow is the beneficiary and the only beneficiary of this trust I've receiv received received um confirmation that Charles marrow is the only beneficiary of that trust and the assessor's office has updated their their field card to reflect the 10.95 Acres okay and from conservation conservation stated that there is an ancient way on this property going into Little Compton and wasn't sure if we'd like it provided on the plan there is a way Mr ancient way I would suggest that you would probably want that right there was an agreement between this owner and the person who has rights in the ancient way Mr Smith uh to move the ancient way it go right here and it was to move the ancient way go straight back to the property right now kind of me this property it hasn't been maintained it's not drivable right now um you can still see it on an aerial but it's you know for convenience Mr Smith who probably probably going to end up this conservation also uh you have one piece that's kind of landlocked behind here and that's his access to these two smaller Lots at the bottom they would have the right to that to use that if it went through their property the interesting thing about that way that goes through there it shows up on the original Grant M for the state of R Province plantations uh which cut up all these pieces because part of this this road didn't exist until the early 1900s which is the problem with all the beeds these parcel was crossed if you go down here you won't see walls in the front that you typically would on everywh these actually came across the land TR you'll see the walls draging all over through here which were all part of this parcle so there was a giant title search about 15 years ago that I was involved in that basically Rectify that problem so you had records way was got the River Road and there was nothing in between that Mullen Hill and this laneway here and this laneway came from poterville road down through and was part of the state of rhod Island when they changed the state line here this kind of went away as a way you gener use the public but was away for that property in the that's helpful well that's interesting okay so do we have any other comments from the Departments no or from you no I would uh I think Michael has a comment no you are oh okay he he addressed one of my comments earlier which was the building envelope P he said it'll be on the revised plan oh okay but there there will it is on the revised plan no you said it would be at I know but he did add it right yeah you're talking about building envelope M I had uh M Messier had contacted me last week about some of the comments I didn't get these comments till yesterday so uh there we didn't have we didn't show a building envelope which is required so there's a rectangular building envelope which I think it's like 135 by 220 uh which is about little 34 of an acre basally on a 2 acre law okay so does this meet all the other requirements for flexible Furniture it does yes it does okay then I would entertain a motion to I have a a comment this is um this is a little sort of clever piece of business I don't mean that in a particularly majority of way but if you took this pel as it stands now and did a conventional anr um the total the total um frage of that lot is 552 ft in change so you get three lots we allow this flexible Frontage and now the remainder lot has Frontage of 477 ft and it can be divided into three lots so this idea of the flexible Frontage reduces the overall density when viewed this pel at large granting this flexible Frontage increases the density but isn't part of granting this flexible Frontage it goes on the Deeds that this is indivisible the parcel is being granted the flexible Frontage that would carry on the deed the the principal lot or the lot where the subdivision is originating does not need to have the same sort of restriction that's lot two that is yes lot two so lot two that's what Bob is saying right this be dived into three lots this this plan says all Upland not fle ible Frontage so it means so if you take the pel at at a whole this this if we were to approve this we would increase the we have the potential to increase the density on this pass if if you you have the yield plan so the yield plan shows five lws so it would technically still be decreased by one lot right so you did a yield plan Bob I know what you're saying I don't disagree with it you did a yield plan of a you know stub Road in here Frontage you would come up with five Lots if you did it this way and did three form days you get four Lots so you still have less density I know what you're I know what you're saying that if you show like a regular an for this whole you still have fours correct no if you if you did the whole pel all you can get is three lcks right no three plus the one down below no no no no no no if you you oh if you took the red Frontage and divided it all you can get is three lots total is 550 right but you took a subdivision Road in then you would get that's and that's what the yield PL typically you show that this is what we could max out at but because of this we're reducing what would you I'm pulling up the plan right now I know exactly what you're saying it's an unusual situation because usually there's a lack of Frontage on these type of that's why you do the flexible Frontage a lack of Frontage on accepted way this lot happens to have a lot of Frontage I I I rarely get calls on an but I got one on this did you yes I did wow so if you did anrs you can only get three and now you're going to get four but if you did a subdivision you'd get five right correct and do we have the yield plan somewhere I'm I'm working on well can you still do a subdivision on lot two and get four more well four no I don't no no you couldn't I don't think that's enough area all right there is a okay so this is very basic these lots are very big you probably can actually get another lot out of this these lots are all significant size these two are about 60,000 but these are bigger than size so if you did a you know just a basic row you get five Lots so therefore you're increaseing infrastructure and all the things that you're trying to avoid with the flexible I I hadn't seen that I I know I I understand your point exactly it doesn't seem like is it's the inent of the bylaw is to allow what could happen right well is there anything that prohibits us from limiting lot two to uh uh lots to to two lots in the future two lots or three lots two two in the future so the a grand total of three when you combine lot one I don't know how you would do that um I yeah I think there's no way to do it but I I think if you you could say that that the the Big Lot is part of this and so that can only be one lot and the other one could be one lot and that' be only two lots total but that's not what they're looking for so no I know that's not what they're looking for but if both lots are considered part of the flexible Frontage and uh and you say that lot two which is much bigger is permitted for two lots because it is much bigger M that's a total of three where the as of right is five you now taking it to three instead of four I don't know how we do that we'd have to we would have to deny this one and have them re reapply because the option would be you know we talked about this uh we being the applicant and everything is the force that come in and do a five L subdivision call well the uh you've been at enough of these meetings that you qualify as an honorary board member Sean but whether or not uh you make uh as as much money with larger lots and and more expensive houses than you do with smaller lots and less expensive houses especi especially in that neighborhood I think it's a toss up on on that thing they give because the minimum area of 60,000 F feet is more than more people ever want begin with uh so yeah it's six another you know you make more money yeah you probably would make more five and four four and five subdivisions to four anr U but the road will yeah but you got to put in the road right that's true you do have to put the road in but people love being on private roads on the I mean it's I'm not a real estate expert but I would say that it would be those all those five Lots would be fairly pricy and I would say that if you really want to stretch you you probably get six mons out of this I'm sure you could is this lot I I have no sense of the Topography of the vegetation is it is it all woodland or it dry Woodland and it's fairly really good land for Westport Harbor as Westport Harbor goes it comes off the road fairly quickly uh Steep and then flattens out and then the back drops way off but that's in Rhode Island that's in that's a different issue do they have water there fresh water cuz parts of the harbor don't right across right across the river on Old Harbor Road there's an old spring yeah where all the harbor people used to go and get their their big huge glass bottles filled up I know I know they have water here and there's a household here that has water I think they can get water I know there are problems this is on as water goes on the other side of the ridge on the good side of the ridge so yeah it's not down you know sloping towards uh when we're when we're looking for water with Weston and Samson for the harbor this area especially just across the street is was a a place yeah I think the wellhouse is still part there is a wellhouse in the woods there there is an old there's old yeah there is an old wellhouse there that used to be that used to be part of it's weird because this road didn't exist so it was part of this but all the people used to go to it to use it I think the whatever car path that existed around here turned into old it might have been a Spur off of record's way actually to to get there well there's a d wall that goes down from the well actually heading toward River Road I don't know where it goes to I guess is towards Brian's land or something I'm not sure where it goes no it comes out it goes to the end of almost to the end of Maple of plane oh okay you mapap L and there's other walls up in there too all over that's this is one of these places across the street where walls going to die so what is the sense I would attention I would welcome any motion okay this is yeah this is showing the prop assing the dve in so the uh do we have uh one action or two actions oh we we have to deal with this first and then we have to deal with the a anrs which create the Lin so this is a uh special perit correct application yeah and uh and in the order of this uh do we make the motion on the special permit and then have um Amy read the sample findings and Sample conditions all right I will move that we uh Grant the special permit application of Charles maril for property located between 453 and 471 old Harbor Road assessor map 87 lot 5 and owned by LaVine Edward Harris Trustee of the nudus Hill uh land preservation trust pursu pursuant to Westport zoning law section 8.6 uh special permit for flexible Frontage request approval to reduce otherwise applicable Frontage requirements on a public way in exchange for corresponding reduction in development density creating one new lot okay is there a second I'll second it given the proof plan I'll second okay um and before the vote should we have the sample findings yes so I think Amy passed out to everyone sample findings but Amy would do read the findings and then the sample conditions so our sample findings are the reduction in Frontage meets the purpose and intent of the flexible Frontage bylaw by allowing for better design by providing restrictions and further lot Division and limiting areas to be cleared thereby reducing Disturbed areas and storm water runoff the applicant submitted a yield plan showing that a minimum of five Lots could be developed on tra a traditional subdivision and by granting the special permit the applicant would be limited to the amount of development development on lot one this would prohibit further subdivisions limit the land clearing preserve the natural and cultural resources facilitate the movement of wildlife protect traditional access to backland open space and reduce storm water runoff um flexible Frontage design standards were utilized to the maximum extent feasible and defined in section 8.6 of the zoning bylaw sample conditions include a plan made suitable for recording which is the form a plan may be used to meet this condition shall be submitted to the following statements and conditions a sub subject to a special permit pursuant to the town's flexible Frontage bylaw section 8.6 granted on April 23rd 2024 the Westport planning board and recorded in the Bristol County southern district registry of deeds book and Page B sublots one has shown on this plan benefiting from the reduced Frontage under zoning bylaw section 8.6 shall not be further subdivided and no modification of the clearing restrictions in building locations shall occur without a corresponding modification of the flexible frage permit and C no lot clearing shall begin and no building permit shall be issued for sub lot one as shown on this plan benefitting from reduced Frontage under zoning by law section 8.6 until the special permit has been duly approved executed and recorded and evidence of the reporting has been filed at the inspector of buildings Mr chair uh what I'd like to do uh and I hope the seconder will approve it is modify my motion to incorporate uh the sample findings and the sample conditions as uh read by the assistant planner okay okay the second all I'd like a copy of this document right is that okay Bob I think you seconded uh I did I will [Music] okay okay any more discussion I have a question yep in the do you have the sample motion to approve the flexible Frontage MH because that's in there where it says um subject to funding and conditions as stated I don't know if you read the motion that I read no I I don't have the sample motion let see oh it's not oh yeah here it is is okay yep didn't turn the page naan sorry a motion a second on the table to amend John motion there's a motion and second to amend John's motion no we already did that yeah no I just wanted to add the findings and conditions but that's in the what I meant to say was what's in the uh in here so stick to the script John stick to the [Music] script so is the motion okay with you naine yes okay all those in favor I you want another motion yes we need to close the public hearing uh I move to close the public he second all those in favor I I and now we need to approve the anr uh Mr chair I move to approve the endorsement of the plan entitled map 87 lot 5461 old Harbor Road Westport Mass because the plan complies with the provisions of Mass General Law chapter 4 1 Section 81 B second so we're just approving the two lots right all right all those in favor I I thank you and thank for beinging me on my meeting same time okay roller skates will being the mail all right have a good night good night hope finish we're almost done [Applause] correspondents sorry na Che tonight an administrative appeal at six Wildberry way and the appeal is that the building enforcement officer has stated that turnning his property is into a condominium is not allowed under zoning bys 9.5.3 9 5.4 uh I'm not sure that's true because condominium is a is a type of ownership not a type of of division of residencies well this is for accessory Apartments yeah well that's true you can't make an access apartmenton of so someone's appealing can accessory Department into I think it says right in the bylaw you can't do that anyway what else that's it that's it okay uh we have minutes God bless you of March 19th for [Music] I think they're great I move to approve the minutes of uh March 19th 2024 second though oh those in favor I that was a long meeting a lot of minutes um our agenda says the next planning board is September 5th that cannot be 21st May 21st so uh matters not reason reasonably anticipated within 48 hours that's okay um so then I would entertain a motion to adjourn so move second all those in favor I I which is that [Music]