##VIDEO ID:qG9hXP8reoI## okay okay we are now back in regular session first up would be administrative items Westport Stone and Sands LLC file number 18-9 s-s request for Bond release of $150,000 plus interest yep so that was the one that we all went to a few weeks back to look at the solar and it's completely done um their method of shity was a bond for $150,000 so we just need a vote to release that want a motion Mr chair please uh I moved that we uh release the bond of $150,000 for Westbard Stone and sand LLC second all those in favor any opposed okay next up is an approval not required anr for 49 tupo Road fin number 24-25 a request by applicant for endorsement of one new lot in parcel a for a plan of land located at 49 tupo Road access M 81 BL 18 G uh good evening Mr chair of the board Matt Pike on behalf of uh the applicant with South Coast engineering um so the purpose of this plan is to divide assesses plat 61 lot 18V into one new lot and a parcel a as shown on the plan so this property is located on Tupelo Road and the Forest Park Subdivision the lands owned by Bonnie ala truste of the Hosley Family Trust and has a street address of 492 below Road the loot contains 3 136,137 Square ft so possible purpose of this is possible a will be conveyed to to assesses PL 61 18a which is 43 tupo Road and that's to address an existing encroachment so there's an existing encroachment that consists of a small area of the driveway a ston wall and a section of lawn and Gardens so there are no um septic system components or wells in that area and there's no proposed change in the frontage and the lot that remains will exceed the minimum requirements for the area and Upland uh so like I said the uh the main objective of this project is to conclude um an amicable settlement to the occupational use of p and it's our request that the board endorse the plan approval as not required as the project meets all the requirements for this endorsement uh could you explain the gr pement line the dotted line sure excuse me I'm not 100% familiar with the plan but um so here's the the drainage like that now what's the purpose of it I I couldn't tell you and is it just on the dotted line or is it being that the stuff to the left is All Drain gement or the stuff to the right I would assume everything to the left is in the drain eement but I just looking at Google Maps it looks like there's just a lot of weapons in the back and I guess regardless of that there's really no change in any of the land use or there's not going to be changed to any um impervious perious it's just going to be the trans for the 818 Square ft plus or minus it looks like it's the Min change yep so I would recommend that this uh is endorsed only because uh both lots have adequate ups and lot sizes 43 T below as 159.5mm [Music] 64 sare ft and out of that 4,624 that will be Upland okay any questions Mr chair I I assume this is an agreement between the two parties correct okay making okay then I would entertain a motion Mr chair I uh move that we uh approve the uh uh anr for 49 tupo Road um second all those in favor next is approval not required anr for 533 horck Road file number 24-27 a request by applicant for endorsement of a four lot plan of land located located at 533 Horse Road assessor map 73 Lots 73 74 76 all right uh good evening Mr chair board Matt Pike of South Coast engineering here on behalf of the applicant so the purpose of this plan is to divide uh cessor plat 73 L 7374 96 into New Lots and one non-buildable fil so this property is located on westnet road has a street address of 533 hos Neck Road the land shown in plan book 185 page 27 so this land is owned by the Richard Family Trust and this new plan uh will supersede the division lines um as shown in plan book 185 page 27 So currently uh lot [Music] is vacant land containing 7,40 ft of land with 19539 ft of Frontage on Horseneck Road Lot two has an existing house well well and septic and it contains 7640 ft it has 192.5 ft of Frontage on H Neck Road lot three is vacant and contains 6,186 ft of land with 173 3.86 linear feet of Frontage on H road all the lots are 100% Upland um parcel a contains 2.88 acres of land with no Frontage and is not buildable and the purpose of that lot is um going to be to sell parcel a uh along with lot three and give the new owner of lot three of the option to either keep the land or convey the parcel uh to an a butter would you would you say that last bit again about the purpose of parcel a so the purpose of parcel a is to either convey the land along with lot three and then so lot three will have the option to keep the land or convey the posate to an abutter so it'll be sold together with uh L as an unbuildable uh parcel so is this a reconfiguration of a group that we saw correct correct Y and then that um that went through the superior court and uh there was a judgment on uh June 18th I believe of this year and what was the Judgment the Judgment was uh the complaint was dismissed okay so this is a new effort to do it again but differently do it again but differently and I think this one uh might be generally more like than the last one because I know some of the comments were the the striple land up the um I think up the north side and then there was some other comments so we've done away with that and and basically made one less buildable parcel so I guess the question is are were the previous was the previous anr plan filed correct up that's in plan book uh 185 page 27 and so this plan if approved will soon toce that and all the land is still in the same ownership correct we're not cutting up any [Music] corre okay are there any questions comments yep so I would recommend um the approval of this anr um because all all of the lots have adequate besides parcel a have adequate UPS Frontage and uh area and parcel a with 2.88 acres is only already 30,000 sare ft of continuous up but the plan itself states that it's not buildable without further zoning relief so uh with that on the plan I don't don't see an issue with this configuration so just a question so procedurally we don't have to do anything about the previous plan that we approved because if this gets approved it automatically supersedes correct seem like a weird way to do it okay so Mo Mr chair I uh move that we approve the anr for 533 who next second all those in favor thank you next is approval not required anr for zero pin Hill Road file number 24-23 a we request by applicant to convey the parcel a I assume it means to convey parcel a to AP 36 lot 48 for a plan of land located at zero Hill Road assessor map 36 lot one would you like oh yeah sorry all right um good evening uh Mr chair of the board Matt Pike was South Coast engineering on behalf of the applicant uh the purpose of this plan is to divide assesses plat 36 lot one into one new lot in pel a as shown on the plan uh this property is located on Pine Hill Road shown as lot one in plan book 134 page 52 this land's owned by Greg Nicholas and has a street address of zero Pine Hill Road the lot contains 74100 868 ft of land and parcel a is 5,839 Ft of land so parcel a will be conveyed uh to Le and Diane de Roes of 139 Donovan Lane and this is to address an existing encroachment encroachment consists of a wood deck um a wood pile and then some lawn area uh there's no septic system components or well in the area there's no proposed change to Frontage uh total area 139 Donovan Lane will increase from 12,420 Ft to 18,29 square ft and as I said main objective of this project is to conclude an anable settlement to the occupational use of h a and it's my request that the board endorse the plan approval not required as it meets all the requirements of the endorsement so uh what is that abli tle this this is the that's the part that would be conveyed no I mean the little dotted one where the where the Lots join to the left right there it could be a fenced area I don't think it's any um actually that's so yeah so that's a fence G okay and the distance from the top point to the property line proper line is there space give you an there's a timeline here estimate any so the ti line itself on that back um lot is 480 ft plus or minus and the length of this is going to be 20 25 ft distance from from here to here so you still to have 4 I see the wood pile that's an encroachment and trying to add this I just don't understand reason for this Str shape it not have been a simple rectangle I don't I don't think the applicant wants to give up any um River Frontage the reason well okay River Frontage but then the reason for that Northeast Extension of the lot lines straight down theeast Corner Ian is there something up there it could be a could be certain tree lines or whatnot that they just follow to to make that line yeah doesn't matter just configuration arrived at you don't I'm not aware just come up here present it I'm do I'm doing I'm doing my best that's right yeah yeah well I think it's we did a lot of weird things but this one makes the house lot more conforming right correct yeah it increases it to um 18259 gives them room more room for a septic system okay any motion uh Mr chair I move that we approve the anr old Hill second all those in favor I shortterm than recommendations to the select so in August the select board requested that the planning board provide them a recommendation on who should round out the last membership or last member of that board Jim whiten has um nominated Steve fors and we had another um individual named Steven koser who also um submitted his name for the planning board to consider I fored um in your packets you have the background of both of these individuals um so we just need a motion from the planning board to pick one of the these two individuals to refer to the select board to then have the committee completely reformed so is this officially a subcommittee of the planning board it is the select board actually that's why the select board would be appointing them so th this is a recommendation from the planning board to the select board then yes because the last position that rounded out this committee was the Board of Health and no one from the Board of Health wanted to continue to participate on this committee so i' asked the select board to allow the planning board to pick the last person so I think it'll be more of just a formality when it goes to them but you know it's ultimately up to should we should we ask the opinion of the other two members or the former chair last one one um I forwarded their names to Roger Menard I don't I haven't heard okay so just to reiterate st4s will not be moderator2 at the beginning of 20 yeah at the beginning of 2025 Steve Forest will no longer be done but if we have a special town meeting and is a item for consideration from this committee about short-term rentals have to recuse himself yeah and he would have to recuse himself although I wouldn't I would recommend against trying to rush short-term rental bylaws in between now good um but yes and theor hypothetically yes that's that's what would have to happen okay so what is I think the I always Valu the uh advice of our chair on this and ultimately we spent a lot of time on short-term rentals and U came a Cropper at at town meeting and I think if if anyone knows their way around town meeting it will be even for so if we can uh utilize his wisdom and advice on that I think it would be uh really uh useful so I I would move that we recommended the select board uh stepen fors to be on that committee uh I agree with the comments and second the nomination is there any more discussion okay all those in favor lunch with Senator WS so Jim and John have I have spoken with both of them um so that they'd be interested in attending a lunch in with Senator rodri at PST doad um on October 23rd at 12:30 uh we can't have the whole board attend just because that would create a quorum and then we can't warn a meeting for private we can't have three because that would be a quum right right and so we can only have two board members and man a SEL person oh you'll be attending as a select person all right so I guess we can only have one person yeah so I think Jim should should do that okay all right I hate to give up lunch PR lunch one of my three favorite meals the would take you get take out for yeah get a dog big dog you go right okay uh southeaston Regional planning and economic development District annual meeting is September 25th 25th 6: p.m Venus resp want to go so I guess this is kind of the the you're going to go okay this is uh would say last call cuz they need to get reservations and you're going I'm going and nen is [Music] going it's your opportunity to I'll be fishing in the benefit for the benefit of the West River allance you're one of those I'm not okay all right so just okay next up is the 615 public hearing for 1429 Main Road file number 24 I'm sorry 022 s- CV this is the request by the applicant to consider the special permit applications of Gambon the property located at zero Main Road between 1421 and 1435 Main Road assessors map 84 lot 21d pursu to Westport zoning bylaw section 8.5 for common driveway special permit servicing two lots uh good evening Sean Lee Northeast Engineers uh before I start tonight I would like to recognize that I understand this is tonight is miss messier's last public Hearing in front of the town and I just want to thank her for the fine work she's done in behalf the town and the planning board and it was a pleasure to work with her uh although this short period of time and we're probably going to be running into each other in another town but uh I appreciate that so I just want to recognize Amy for what she's done uh so having said that yeah right I don't like that I know you don't like it thank you uh so uh this is going to be a very brief hearing because uh we uh do have a plan uh this is 1429 Main Road there's two lots at this location one is serviced by another roadway uh and we have comments we have not addressed the comments so we don't have a clean letter from the consultant at this point in time uh We've looked at the comments from the town uh boards committees other things and uh the inconsequential some very soon but what we're looking for tonight basically is we have a a serious timeline uh on this particular property for uh certain actions and my understanding is we would be kicked out until October 29th and we were hoping that we could get everything in before that and hopefully to expedite this by working through the planner uh with the consultant to get a clean letter on this particular item uh it's a very simple two lot one driveway and there's very simple comments on this particular thing uh it's just that we're requesting hopefully that we can move this thing up a little bit we have a plan should have a plan have it here here we go that's that's this is the plan there are two lots one has Frontage on this way one has Frontage on Main Road and we're creating a Comon drive that Ser with both the up so we don't have to disturb any Wetlands we don't have to disturb uh minimal disturbance for two lots one driveway eventually servicing both blocks geometry and everything meets the requirement well what we'd be looking for basically is an approval of this and we have a grading plan or a profile that we submitted and there's some action items they wanted to add to the plan uh again it's a very simple plan servicing the open portion of two lot without disturbing anything else around it this is just to the south of Cornell Road uh this particular common drive in this particular lot both Lots obviously are on endorsed form a uh which was endorsed for a couple months ago uh we're just looking for this common drive so we're hoping that basically we can work with the town consultant the peer reviewer to clean up to get a clean letter and then come into the board uh you know basically a little sooner than seven weeks eight weeks seven weeks so are are you creating lot 3B or no they're all they've all been created both lots have been created uh prior to this and what we're doing is just servicing from Main Road a common drive that will service a house lot and a house lot here is that drive already exists or no it does not Macy's Lane does exist what's that Macy's Lane does exist that's phys yes yes yeah Missy's Lane does exist and the preference obviously need to come off Main Road uh to service that because there's a large weaps although we could cross that with a huge amount of uh basically permitting to get across the wetlands for the tax that's the only portion of the up this makes a lot more sense for Less disturbance and easier access to Main Road and going out to Cornell so so this this is mely an easement plan this is an easement plan but under the requirements for a common Drive we're we're supposed to show that we construct a plan that has that meets the secondary Road requirements uh in the town which it can uh which we have but there are a couple other items being by from the consultant that this would include that's why you're here not an 81x which you just buy right we can just do any technically we could just come in and do an easement plan and not do this uh and just use this as an easement and not but realistically uh practically it's better to do a common drive so that the town's aware of what's going on and what's happening with this particular this other plan I have 14ot wide Cav TR way that's correct you want to it or you well it's pretty steep slow coming down through here uh gravel mean it's going to be 10% which meets the requirement for a secondary road but realistically 10% in gravel it would be a constant you know maintenance problem so we proposed and we put on the plan to pave it and we're also going into the Border P this lot has already been submitted uh with drainage scenarios for each lot to take care of the drainage even though we're not required to do so for the common driveway so there's no houses on either lot right now no that's correct it's a v it's a vacant lot right now this is just south of GS way right that's correct and gills was part of that same division of land that created these things on AC uh correct under for gilki Bob gilki so with lot 3A that already exists yes lot 3A and 3B already exist both lots already exist so any idea how much square footage this road takes it takes about uh if if you consider the 25t easement as opposed to the 14t travel way 14t travel way is about a little over 13,000 Square ft basically for the E you a lot still being it above 60,000 for what would be left if it would be considered encumbered by the way that's about 7 76,000 I believe read the number but coms questions I would just I I recommend the continuent since there's unanswered uh comments and that need to be added to the plan and be resolved um as far is getting on earlier than October 29th I'll leave that up to every one else that will be here um is uh September 24th but that wouldn't give it that probably wouldn't give enough time for him to revise the plan and get it to the peer reviewer for them to relook at it and send comments back I mean that's only two weeks away what has to be red what is the rision okay there's a couple there's uh there there's actually a couple of comments some of which I believe already been address there were just uh items for instance uh a registry block is not required on the profile that was one of the comments but regard regardless things like but most of them are they want to see a distance between GS way and the opening and a distance between GS way and the driveway the surfaces Bob Ken's lot over here uh they want to see uh we have a 5% slope which is the natural slope coming off the road uh it's recommended be 3% or less uh basically we can make it 3% very easily we just didn't want to be doing a lot of filling and grading the whole idea is to disturb as little as possible 5% is more than adequate for a car to stop and be able to look both ways on the main road if they want 3% we can make it 3% it's not a huge deal there are a couple other uh they want to know the radius I gave them the inside and outside radius of the common way and they want to know the center line to make sure it's meets the requirements of the uh secondary road which is a minimum of 80 foot radius for Center Line uh do you make this driveway from Main Road a little bit Yeah so basically you know what what the regulation for the secondary Road says we they want 3% pitching away from whatever Road for starters but not more than 3% it currently the dis 5% which is still pretty flat so bringing in fill to make it bringing in 6 in of fill to make it 3% is not a big deal we can certainly do that it's you know that's so it's 5 degre upill 5% uphill towards main road right from Main Road it's downhill from main road yeah going down is that going to put storm water from main road down thisway it will it will push some not a lot it's a fairly flat section of main road right here so it won't be a tremendous amount Mount there's actually burn on E side and most of it actually goes down G way taken by G way so the grain that comes down this way is a little short section of roadway again we put on the plan to address the storm water board Health address storm water for both these houses and we're doing infiltration for both the houses these are all very good soils Class A Class soils okay um this is a public hearing anybody here that would like to speak or ask questions so your suggestion is to continue it to a date certain but to date I would leave that up to go workload of public hearings and would say that the the next hearing date that's available is October 29th is that correct um so I mean typically the the board only hears three hearings on one night um we've had other people make similar sort of requests and we've said no we'll put you at the next um available date so in holding with what the board has traditionally done that October 29th would be the next date October 2 is a problem you there's a uh one of the own Mr Chico here uh there there's a problem uh with certain benchmarks they have to meet to close on the property uh and one of them is this particular item as far as getting a special permit for a common Drive Mr chairman I think this is this the the additions that need to be made to the plan really the distance from the adjacent driveways uh is is of interest but it's not directly related to the eement U I think I think uh I would be willing to approve this subject to plan modification um changing the uh the entry slope grade to 3% from 5% I think we could make the changes and get a clean letter if that's the way you want it's not a difficult thing my opinion okay I'm I'm just GNA get find things ands this but for common requirements this wouldn't even be before he could file coming before the board one of the things about the common drive by bylaw is that it has to meet the geometric requirements of the secondary road which is the 80 foot minimum radius 10% slow those time and most of what is being asked for is outside of that but I rather than quibble and argue over things that can be done very easily uh I'd rather just you know make everybody satisfied so we get a clean letter and we walk away so this would bind the front lot and the back lot to use this common driveway that's correct these these two lots would use this common driveway it' be a driveway that appeals off serving in this house and of course the drive be house here what what it allows is to pull everything away from the wetlands and uh make it a little easier just to get to and from places I hope this goes easier than took us 10 years the beauty of this is both lots are well oversized and more adequately shaped [Music] this is this one's about just waiting for it to open waiting for [Music] okay do we possibly want to like skip over this for a second and come back to it um because my computer's taking a little while naturally of course when everybody's waiting if you don't minding no not at all we're suspending the public hearing uh and we will come back to uh next is the 6:30 public hearing forwe Division Road file number 24-230 Division Road solar math 48 Lot 12 close out and release consult review fees of $5,500 post interest the applicant is requesting to withdraw without prejudice you need a motion on that I need a motion Mr chairman if I may before you make a motion just to explain so the as you all know the the applicant application that we had received for This was um very deficient in terms of its wetlands delineation and that could have a very substantial impact on where different features that are proposed in the plan could be located on the site and so we had um well the the the wetlands delineation is basically mirrored what was on massgis which is you know it's a somewhat of an indication of where things are but it's not a one toone match and it's no um certainly no substitute for an actual Wetlands flagging so our conservation agent went out on site and helped you know give some recommendations on where the wetlands needs to be delineated and he found that it would be a pretty substantial change from what was represented on the plans that were submitted before the board um there's also some disputes uh about an access easen or or something to that effect between um a a an adjacent property own and the um applicant and so for those two reasons I urge the applicant to withdraw this application just because there's quite a bit of work that they they still need to do um I didn't really find that this application was complete so therefore they've submitted this withdrawal um request to withdraw without prejudice they would they are intending on coming back to the board and and resubmitting at a later date I don't have any any any indication of when that may be but they that is their intention okay just to be clear I received I think you did to a letter from the abutter that was um the party which he would need easements from a long letter from his attorney detailing what the easement U that was granted when he bought the land detailed and try to make it plain that the easement out on this guy's plan uh oversteps that so does the motion need to include uh release of the consultant fees just as a probably to to make the order of this proper you should make a motion to withdraw without Prejudice that way the applications no longer in standing and then you make a motion to um so two motions yes to have the consultant Fe released you want a motion Mr I move to Grant the applicant's request to permit the withdrawal without prejudice for the uh Division Road solar U uh PV development Westport Mass 02790 large scale solar application for a special permit and the low impact development site plan second all those in favor I uh second motion uh I move to uh allow the release of the consultant uh review fees of $5500 plus interest for the same project second all those in favor are you ready to go back um keep could you maybe if you went back to your um station and then plugged in the computer and print it print it it I can't open well I know but if you're hardwired it might oh is it is it on the drive or is it no it's just it's on my we can continue uh next is the 645 public hearing for Burks V or 520 file number 24-17 sbaa at 146 State Road for James Burke the applicant is requesting a continuous this applicant is requesting a continuance there's some um couple of items that he still needed to have prepared on his site plan and so you know I've touched this applicant has continued a number of times I did say to him that uh we would really prefer that the next time you come you know reschedule this for that your you're actually going to be ready to to come in before the board so he's requesting a continuance to October 15th um at 6:45 he has said that they'll be ready to come before the board at that time want a motion please uh I moved that we allow um Burks v twin to be continued to October 15th at 645 second all those in favor uh assistant well assistant planners here so planner support okay got some updates on our this is a quick update on the national Coastal resilience fund application that we submitted as a joint application with uh Dartmouth and Little Compton will be doing a virtual site visit with the national Fish and Wildlife Foundation next week on Thursday so hopefully that goes well and this continues on moving forward through the review process an update on our online permitting integration so the company that we contracted with full circle Technologies is migrating the Assessor's C data um over to their own platform and then once they get that data together that'll make the basis for local parcel data that will be able to you know just enter an address and it'll pull up all that that information in in the permitting system um and so after that is all assembled then we can actually start building this for each department and so um probably take a couple more months for them to get all that data assembled but then we'll start with the building department do you have what you need okay yeah do you want to um just put the planners report on pause okay to the public hearing for J and gamb okay so um under sample findings after reviewing this um I have that uh the board found that the project was presented as presented enhances Public Safety by reducing the number of and frequency of points at which vehicles may enter the ways by the public the two lots will use the shared driveway as one access point onto Main Road and the project as presented will preserve protect and enhance environmentally sensitive Land by reducing the area of land that is cleared excavated filled and or covered with impervious material under conditions besides some boiler plate ones that we always have I had um the endoor pl uh submitt and recording of a Home Owners Association meeting the conditions of section 21.3 point2 of the zone of the Town zing bylaws the storm water management system shall be designed to comply with the Board of Health storm St storm water regulations septic systems for each lot shall be designed to comply with Title Five in the Westport Board of Health rules and regulations the Integrity of the edge of the public roadway pavement shall be protected in storm water sand Sil silt Mulch and other debris shall be kept off the road and out of the Town drainage system upon completion of the project the shall ensure that the edge of the paved road is supported and not undermined any construction damage to the edge of the Town Road shall be repaired by the applicant compliance with emergency 911 requirement shall be maintained by the lot served by the common driveway permanent signs indicating the street number address assigned to each lot served by the common driveway shall be installed within 10 ft of the intersection of the common driveway with the street as well as within 10 ft of the intersection of the individual driveway with the common driveway numbered sign shall be placed in a manner so that they shall not be blocked during heavy snow pack and the applicant shall provide evidence to the planning board that the owners of the properties to be served by the common driveway have aded right to the common portions of the common driveway okay so M do you want to yes Mr Mr chair I make that uh the U special permit for the common driveway be granted with a revision to the plan that will be filed with the planning department that revision will um provide the uh the separation from adjacent the distances from adjacent driveways along Main Road and will modify the entrance slope from 5% to 3% second any discussion is there anybody here this is a public hearing they would like to speak before we make a decision all those in favor thank you very much uh good luck Amy thank you so you want to continue with the yeah so the governor recently signed the 2024 homes act which amongst other things included some changes to how accessory dwelling units are regulated and so that's going to have an impact on our uh accessory apartment by law and so I'll just go over a couple of those couple of those we can no longer require special permits for detached accessory dwelling units um we can require accessory dwelling units to have site plan review but um KP law was on a webinar earlier today and the guidance that they gave was that if you're really only looking at some minimal criteria like parking or screening you can really streamline the process and not have to clog up a planning boards docket with these types of requests um so if you you know could just go to the building inspector you can't require owner occupancy and the primary unit or the accessory dwelling unit you can't require more than one parking space and if you're half mile from a bus station no additional parking is required a you can permit up to a you can permit multiple adus but the statute requires that it has a special permit and currently in our bylaw you can't have an second accessory apartment which I think is is fine something use on a single lot you could yes but the statute so I think and I'll have to run this by KP law just to make sure my understanding is correct but you can towns can restrict whether or not you can have a second ad but if you allow second a second Adu per the the state statute it has to be by special perent you don't have a local option to have it by right so if somebody comes it wants to put two both of them are by special permit or just just the one just the one and that's if can we choose which one I don't which I comes first I don't know that's a good question if they come to apply at the same time I don't know I mean if they're in tandem didn't they say they had a 900 uh square feet cap so if you wanted to go over that you would that they would need a special permit well he's saying which one would receive which unit would receive the special permit and I'm just saying if there's a smaller one and a larger one the smaller one probably yeah I don't the the guidance on this webinar we were on this afternoon um they said that there's the way the the legislation was written was left a little bit to be desired when it comes to actually incorporating it into into a a zoning code um so I I think you know as this gets rolled out there are going to be some court cases that will help really hammer out the details of what is enabled and not by the legislation um and lastly we'll just want to make sure that our the state and local definitions so our our bylaw definition aligns with what the the state's definition is so there's not you know East competing so you will lead us down this path as we get closer to yeah so I want to pull together an amended bylaw for the planning board and I would like the the amended bylaw for the planning board to not um I think I would prefer for for this year to just kind of take what we had in the in the accessory apartment by law and just kind pull that over in spirit and not add any additional regulations or take things away um just in the interest of making sure that the bylaw is passed at town meeting and then we have something that's compliant with uh the state regulatory standards um so I'll do that I'll bring it to the planning board we'll probably just put it in in a planers report section in in a future meeting then I'll give it to KP law to vet it and then we'll have a public hearing and we'll get it place on uh for 5 town meeting all right our update on the wapa connector shared use Trail so I circulated with all of you um who i' I'm would like to recommend and they were also our only applicant for this uh which is par Engineers but them being the only applicant they they have a really proven track record across the region and doing these kinds of projects so I have full cont confidence that they'd be able to um help the town out with developing this shared use Trail it's a pretty small segment of Trail small but somewhat kind of challenging given them the location um it's right there on the banks of the wapa which are scouring and so you may actually need to consider some alternative routes to be up on the other side of um the rail right of way but that's you know something that we'll we'll figure out a little bit later down the line but having said um I would like permission from the board to um contract with with par engineering they they came in about uh $6,000 under budget which was nice to have a little bit of leeway there so I would like a motion for the uh for the contract for the what typ of connector yep uh Mr chair I moved that we um hire Power Engineering for the Wata connector Mass Trails Grant and lastly there is a grand that the Buzzard's Bay Coalition has made me aware of called the Culver aquatic organism passage Grant um and I talked to the select board about this so this will be old news for you Manny um but they identified this grant to help move forward the cver redesigns at Cornell roads Crossing with Angeline Brook drift Road at Snow Creek in Lions Brook so the hope is here because previous iterations of um uh previous rounds of this grant funding was came vastly under what was available and so the hope is here that we can actually move these projects even further than a full design phase but into the construction phase will that happen and to submit the application later this month and find out but we should at least be able to continue designing the um the the CTS um towards full design and um I guess from what I've heard from Buzzard's Bay Coalition they were highly encouraged to apply for this for this gr so just an update on that project so what is a CT aquatic organism passage versus a c i mean is this a special yeah let's go through it essentially yeah yeah yeah uh it's so it's it's it's going to be more of a a right siiz Culver too so it's not just going to be looking at you know what what are the rain conditions we're experiencing today with climate change storms will get more severe and so they're going to make sure that you know in the design process we're able to accommodate storms within the life cycle of the infrastructure as opposed to what is occurring now and as as Bob said it it'll allow fish to go through um these are locations of cold water brook trout and it is the highest concentration of cold water brook trout and and Southern Massachusetts so allowing the the trout to get through these culverts will enable them to get up to spawning grounds and um make sure that the the population is still around for future Generations these box bottom so it's natural natural bottom which helps because when you have it like that the water really I don't think they they have to be that if you have a you have AAL scream they have to [Music] accommodate you talk about we look forward to trying to get as many of these grants we get Partnerships with bus B like I said that that's a her we have we have some some activity going up that way some Public Water Supplies so if we can tie something something like that absolutely because they're probably just a couple of weeks away from testing out new good and then they're going to be after the select board to be able to put a pipe down River Road and there's another pipe down the road away and do we have the ability to try to get these two two yeah and then the one said that they would be willing to directional drill underneath the so it's way underneath so that it isn't going to be disturbed by getting a grant to put a new cul there because right now it would be impossible I think that's kind of like we we have some major issues with that c already so it's what they call the eron so solve a lot ofs yeah I'll have to reach out to them and see what they think um I don't really have an environmental planning background so their partner ship um Buzzards Bay and the Watershed Alliance has like been incredibly helpful with these different projects I said Sean I don't know if he's still on SE still fish commission but he has some knowledge of that stuff I know fishion he he fish lad so he said there was out there like fishing liesu like that yeah uh Michael thanks for that report speaking of Grants and and the Coalition uh we had talked about the MVP Grant of $220,000 for public education on uh the uh buyout program of East speach lots and uh turning it back because we didn't think that was useful and you had said rather than turn it back back perhaps uh EA would reprogram that money um and uh I had thought well if they reprogram it okay but if they don't reprogram it we should still turn the money back to draw attention to the fact that I uh EA really needs to help us buy out the Lots they are for sale I what have you heard from them I haven't heard anything back from Courtney Roa yet about repurposing that Grant um I think probably part of it is her waiting to hear back from coastal zone management about whether or not the town's Grant application is going to get funded um because what what John's referring to is that we applied for the coastal zone management Grant and so my thought was before we turn those funds away let's see if we can use that those funds as like a source of match for the czm grant and maybe you know supplant some of the what we were originally going to have for uh public engagement when when we applied for that Grant so I I haven't heard anything back yet but so how was your conversation with court she just it was just an email so she said she'll look into it and she was like I'm on vacation the next two weeks so yeah so uh when does no communication turn into a no at which point we should say yeah we I mean we are getting I haven't received contract yet so once a contract is in hand then it's time to make a decision okay yeah thank you okay is assistance report or there is not no okay correspondence we did includeed in your packets is a notice of appeal um of the marot subdivision so we've contacted KP law to also talk about that one I think since it's you know pending litigation I don't think we should have too much discussion about um this in an open session but similar to the executive session we had earlier today um we've also requested that from KP okay um minutes of August 13th so there are uh two minutes Mr chair at the last meeting I moved to approve the July 23rd minutes and uh nobody seconded I'm very appreciative of being left out at the end of a limb like that uh so we have to address the July 23rd minutes again I'm going to try again to I can't remember why that was there was some problem with the minutes I think um but uh so we have two minutes that we have to approve uh uh T tonight one is July 23rd it was it an issue I know we it was an open meeting law violation um because the the documents weren't listed on of so I think that's been corrected so I would move to begin with uh that uh the July 23rd minutes as revised uh be uh approved and I'm hoping maybe this time someone will second it second oh wow look at that we did okay all those in favor and uh I have looked at the minutes of uh the last meeting uh on August 13 and uh find them accurate and complete and I move approval of the August 13th minutes second all those in favor uh matters not reasonably anticipated within 4 hours um we have a resignation letter from Amy Messier do we have to accept it no we should just fold up shop just fold up shop to clear the end of the planning department right so uh I was she called me before she sent the letter and although I wasn't shocked I was taken back and called her back and said what a good job she's been doing here really I wish her well I think it's a good move for her so good for us but I think we need to ask the select board at the next select board meeting if we can advertise for a replacement M and I was thinking we should do that but we can't do that without their author because we can't we can't spend the money on person right their approval maybe two people will be need who knows I think I don't know anyway I I wanted to Sean Le kind of jump wanted to say how how how much I enjoyed working with and I think she did a super job um in the transition from our previous planner to a new planner and kept us all going yes here here here here whatever happened to our prev planet is he still around somewhere he he I think he became a kind of administrator somewhere there is a there is a future for [Laughter] planners so the other thing I just wanted to to say is serpent has begun in environmental commit had before and to try to deal with the environmental environmental issues for the whole region as a whole as opposed to always individual I've been appointed to that good and we'll see what happens first meeting this I was unable report I think we're going to have to reach out to both water I think one of them may be trying to look at water and SE as Regal issues instead of individual issues and what did I hear somewhere some town is going to start addressing the issues of p in private Wells where did I see that I sent you I sent you an email that uh t was was one a contract for all the 15 towns of the cap to assemble private well data as well as the public well data on P pass concentrations I think it's a sing program but but it will include private Wells and we know defer how we have public Wells along six that some of them have proast contamination and because we don't test private Wells we don't know but it's logical to think if the well next door has it you you probably have high one of the things um like the six project Mass do did to run same so when they tested well some of of things that are misleading some of the wells so when they round and like the report I did review the report from the report states in the ground water that the ground water is contaminated and it's migrating into the so it's kind out limit it's that's current system has been found to have won't pass so we have we have good news and we got a preconstruction meeting tomorrow water line which is it's going to bring it up to to Washington Street and it's going to go up G road down back out to the bid came in ually lower than we anticipated which is kind of a windfall for us and some of the talk yesterday is the possibility of using the money that's left over to create an incentive to get people to hook up so this for line is going to go by the residents and it's at no cost it's going to be C stop in front of their house if they have a desire or need to tie in tie in and think they're going to be look rest of the money some of the people I can't afford that's and then also today um Coastal healings CRI cup utility access was grind be tomor completed lat so um one one of the things that I've already talked to Bob about this is for this new situation is thinking about sewer Regional sewer access Regional sewer what access so that you know Fall River is the Fall River system and they allow other towns like ton and Somerset free just to tie in but they charge 50 to 70% more than they Char people to the town we just we just had a very good thing that also so we we did meet with u fla and we came up with an agreement um and we are paying the back water bill um one of the problems that RIS in 2017 when the issue came up and in 2017 we were supposed to renegotiate that so I think we were paying Westport users were paying 70% more and this new agreement that we have is going to bring down 5% and is why we so 5% more is that what you made 5% more than yeah instead of 7 wow and and they they they want the customers and more customers they'll probably you never see things go down but that's one of the things that has been saying if they got more customers they could provide the service little cuz westport's mostly Fall River retirees anyway so and and and the water is ours you they got the rights to it it's coming from I mean that was big and and they they are looking to pursue a regional interconnect to D water capacity problems for has Surplus water and surplus sewage capacity so Enon so the thing that I was thinking about in the whole C region which includes is after talking with is to create a regional thing that's independent of B River the would still be using it but this new different entity would own the treatment facility we would biver would own all their sewer infrastructure we would own our but we would be on our and perhaps this larger entity could help with gr fing with bonding with design manag management and managing I mean if we get sewer with not many customers and that's what will happen first we's going to be MW District right exactly but you know for the Fall River taunted upper and lower yeah for theed wherever to me it seems to make sense because most of the money that was spent to start these things and upgrade them is open federal and state money not not the local one and that's why command we got there's a lot of confusion and we're not raising taxes to do this not forcing anybody to come but the need comes it's there we know the needs there it's just many of these people could afford it and were actually afraid Mr chair you want a motion to adjourn make can I just quick thing uh just follow up on Michael's email about the survey of the serent survey of the Old Westport HIgh School so think you been approved by SEL and $3,500 they might be able and I think you noticed though but there's a whole stash of drawings of the old high school which was built at different phases so if they have C whoever the team is should have access to those it might expedite things a little bit I mean it's a big build you know it's 155,000 Square ft it's 3 and A2 ACR of FL space so it might help them who who has those DRS well I'm not absolutely sure I I think Jim Haron will tell you because when this came up before he became Town Administrator I think I talked to him about it he said they do exist the school department has them oh okay I had asked J earlier today okay good thanks and did they say at any time like yeah so the whole process he expects will take until December he and I got contract today just put in a little bit of buffer until March but he said realistically the work would take until December and the actual like surveying in the building he said will only take 4 days we we didn't put out the and that was one of the docents that was going to be available I think if anybody's looked at anybody clicked on the link show the example it's pretty Inc so and it's all digitized so that you know if you have people interested things you can send digal or link to a digital copy as opposed to try to find the right blueprint PL that rolled up in somebody's office y we should be contracted by the end of the week on that all Us in fav fair wind thanks e for