##VIDEO ID:-U97CXmZokM## I'm going to start the zoning board of appeals August 14th with the Pledge of Allegiance Pledge of Allegiance flag un States America the stand na the N chapter 38 section 20f this meeting is being recorded um we're going to we're going to change the um the order here just slightly uh there's a new state law that that that affects accessory Apartments so I'm going to have uh Cynthia give us a little uh overview of really yes all right said you wanted to talk about it so let's talk about okay I will so uh our governor in uh sign in law uh an act of um my notes it's the uh an act relative to the affordable homes act and there's two Provisions in the act that affect uh accessory dwelling units one is section seven which affects the definition of what an accessory dwelling unit is um and two which goes which is automatically in was in effect when the bill got signed into law and then there is Section 8 which is um does not go into effect until February 2nd 25 which has that at that point adus are a matter of right so therefore no special permits will be required for the first Adu we're if we want we have we have to enact a zoning law change to have a special permit required if somebody wants a second U on their property that's going to be great um the key here is that in the uh section seven which was a definition it actually removes the ability of the cities and towns to impose an owner occupancy requirement and typically a uh zoning laws required a deed restriction that allow requires one of the two units be occupied by the homeowner and in my view of reading that definition being taken out I believe that we no longer in our can legally uh require the applicants to have a a uh a need restriction restricting the ownership uh to one residents in the property that's just that's right okay and we did it would and and if we did I think by February 2nd I think those would not be enforcable anyway so why bother I I didn't see uh much in the way of any change of this uh reality uh I mean yes it's that's the biggest thing is we can't require them to live in one of them but in fact that was almost unenforceable anyway you know unless you go there midnight you know who's living here and all that stuff uh I I I don't see a whole lot of change here but I think there more than one there's still a lot of stuff that's got to be dealt with uh here to clarify oh yeah for example can they uh condomini eyes uh these units I don't well actually I think they could because it's housing production their housing production they're looking for yes and whether whether it's owned by condominium owner or you know I'm saying there's all these things got to be clarified but I think in that instance we can restrict that in our law that's something we have to think about when we have to revise our zoning so the impact of this is um our at our next town meeting we're going to have to have a revised yeah an amendment for uh for both this and for the um uh co-joined Lots yes right that's another one that and I'm not even sure where in our bylaw that exists I have to look that up but anyway yeah before our this comes in effect some of it is now some of it is February but uh but we will have to then the town will have to react to it and change our bylaws at at the next town meeting to comply with with this but we're going to need additional guidance to do that but this um this also so of course this is only an an initial uh U presentation by KP law I'm sure there'll be much more they're going to actually have a like a webinar kind of thing right right but what I'm getting is that uh this clearly still says that the town can re put certain restrictions like site plan approval and well that that's we get for building so I guess the question in my mind are they going to prescribe is it going to be the planning board like the site plan plan review is currently done by the the um um planning board for commercial uses uh is it going to be them or or still going to be us I think it's going to be the building inspector because it's all those are the things that for normal building permit would be done by the building inspector Well site plan I'm not sure that he we don't have to have a site we don't requ we don't have to have a site plan review if we don't want to no no well there's no special permit so why would you have to have a s plan review all of this is going to have to be ironed out that's what I'm saying all to work our our April whenever we have our next town meeting so and right now we're still in a state of Lux because this just came out a few weeks ago so let's move on our first uh hearing tonight is a continuation of a continuation of a continuation of a continuation of 10 Hillside Road uh Timothy glaspie applicant and Julia crap owner for a special permit to convert a portion of existing garage into a detached accessory apartment containing 375 sare F feet pursuant to zoning BYO article 9 section 954 prop is located at 10 Hillside Road Westport math and it's shown on accessor map 88 Lots 169 170 and voting on this will be Jor cotino myself Roger Menard conin Ski Ray Elias and Cynthia ktz um and and again the way we will run the hearing is uh whatever new information because this is a continuation we've gone through a lot of this already uh so whatever uh new information you have you can present we'll ask the the board will ask questions and then we'll open it up uh to the to the public so my name is len parter Westport environmental design and I've been working on this project since January I guess originally uh I worked on this property for Louise bordon and the AC to the property was from Lakes U Lakeside Avenue off of Atlantic Avenue and then a Mrs we bought the property and she I I repaired and then Mrs we bought the property and she ended up buying a lot up on Hillside Avenue and she did own both sides of Lakeside so when the craps Mrs we eliminated the driveway on the Lakeside Avenue property and brought her driveway in from Hillside which is in inconsequential what's happened is there's a guest house on the front lot which adds a fifth bedroom to the property and you can't place that in that front lot because of the proximity of Wells so the well because the Barden only owned with a lot the house was on in the wetlands across the across Lake side the wells very close to the house in the rear and that gives you a large radius so when I try to increase this to the fifth bedroom the property ended up being in Lakeside Avenue but the only system that works is what they call a bottomless sand filter with a denitrification unit uh which is in VX ax20 and that gives us the smaller footprint smallest footprint and the biggest bang for the buck but the perk test we had to wait on that until I was April and then we had to do a c analysis on the soils regardless in order to design the bottom sand filter so we had to get that taken care of and finally put everything together the system ended up being as I said in the uh 40 foot right away known as Lakeside Avenue but because the craps on both sides of Lakeside Avenue the derc fee statue indicates that they actually own that 40 foot right away my my next question was that ends at the AOA Cur property on the eighth green so whether or not um what rights that the aoka club have so I together with the L surveyor research the Deeds 1939 the aoka club surrendered their right for vehicular traffic on Lakeside but retained the right for pedestrians to walk from the club to Atlantic Avenue right now it's all on I don't see a foot PA I they don't see anything there they could put up a gate it said in the deed and this that and the other that hasn't been done so but to get all this clarified I had a meet with the Board of Health to explain the situation to them which is a week ago Monday and they agreed to the uh the premise that everything was okay I am 59 ft 58 ft away from Wetlands on that Eastern lot on the shore of cois pond and I have to go to conservation I can't get I couldn't get on the agenda until August 19th so right now the Board of Health is okayed the concept the conceptual plan and I turned the plans into them the revised plans all the notes the board wanted I turned that into the board and Matt arendo is doing his final technical review so conservation I can't speak for them but the agent says you can't do much about it because it is what it is the the existing system is 59 ft away from the wetlands and this one's 58 but this is a much more advanced system so I think everything is fine I cannot give you a final approved plan until after concom meets on August 19th U but the board did say Matt could sign off uh director approv plan once everything is taken care of so that's that's the clarification that I have for you the your information another continu so it's been a long process so the bottom line is we don't have an approved septic system at the moment no right okay I mean I mean this has been going since January I think it was January yes okay uh could I ask a question please just to clarify in my mind uh you recently appeared before the Board of Health yes a property it sounds exactly like this but I thought they would use in the address of 710 or something is is that 10 10 Hillside just the 10 Hillside 10 Hillside always been as I was listening to it it hasn't all always been 10 Hillside it was Lakeside originally this one and then wait a minute that doesn't sound right but no 10 so yeah cuz you were talking about the the walkway and yes both sides yes the whole thing and I think they'd have to do something legally to um to maintain this so that if one pot got sold if we did this one if one pot got sold the other part would have to be sold to across the street from each other or something like that uh they question was is the lot 184 on the eastern shore of the CIS Pond is it a buildable lot and the answer to that is it is not because this Wetlands from that Wetlands line I've got drawn right to the pawn and that would be considered a new lot it's a grandfather lot you still have to have 100 feet from Wetlands to a proposed system I can't I I can only get 59 with this there's no way you're going to get 100 so the only way any of that could happen would be at someday in the far future they put a SE uh sewer system in or something and maybe that could a service treatment plant down on West be a long time from now don't hold your got know the water issue first hold your breath on that one yeah okay I just want to clarify if we're talking the same thing that you were yes for I have a question just um the um the three garages yep so that's what you're talking about with the that has the the guest Cottage because it looks like there's already a small apartment attached that's exactly what it is it was an existing apartment the problem came because that must have been renovated at some point in between where nobody caught the fact that it was an undersized septic system which is why this all happened okay um because we had no reason to believe that there was going to be any issue because it was it was existing as an accessory dwelling unit so we were just renovating it the problem was it had mold issues so we were doing another renovation to the main house we took out all the Finish because it was all covered in mold and just said we'll come back another date and we'll we'll you know renovate this for you and when we came back since we had gutted that space there wasn't enough evidence for Ralph to see what it was and he was like but it's okay you know you you can have an accessory dwelling unit we just have to go through the board fields and so that's kind of when once that happened then it got flagged at the septic system was on sides the whole time which was not on my which is why this went down this road so is what what we're looking to approve now is that this guest house that you're talking about or is that another no no it's just the one that was always there and then we'll be upgrading the septic system to accommodate it so it actually will be a better situation than it ever was so if that were not a legal uh dwelling the guest house which is possible depending on when it was put in um this would clear it all up if if this gets approved as a as an Adu it will clear it all up and it'll all be legal and yes if it weren't yes yep yep so I assume you're going to you're asking for another continuous well I I you know I wasn't sure what I was up against obviously I was I'm I'm definitely sympathetic to this whole this whole situation and you guys and all your time um and Lenny agreed to come in with me today so I'm I'm willing to do whatever is the most exp well I mean it's actually good to have Lenny here because uh understanding the complexity I mean it's not like you're dragging your feet I'm trying I really it's just been a struggle because of all the moving part right yes uh so I'm I'm happy to to um you know to to write a check for a continu I'm happy to do that whatever you guys are amable to I'm amable to now what I think you would have a better idea of how long do you think it's going to take to resolve this issue it should be done in two weeks my concom meeting is on the 19th I've already addressed it with a conservation agent there's no other alternative than what we did and this is the most expensive system you can buy and it also gives you the best results in denitrifying effluence so it's it's a a I quote no-brainer on that [Laughter] but but so so Matt's doing his technical review so once he gets the technical review done and conom signs off on the plan then it's considered done the border of Health did say that it would that after their meeting with me that it would be a director approved plan so it doesn't have to go back to the Board of Health okay the Board of Health themselves the director has has the authority to sign up and I'm pretty sure we will so can we approve this no no not without no no we don't approve contingency now when I get that final approved plan how do I get it to you get it to you they're going to have to all we don't need the approved plan we need we need something from that from the health department saying it's okay it's their septic system plan is approved you have and he can just send it like he typically sends an email to Maria saying it's you know Hillside good to go yeah Matt told me Maria called him this morning to see if it was she usually checks to verify so okay that's all we got to do okay and what what Cynthia talked about before about the the new state law would not affect this yeah because come hell high water you need an improve septic system certain under anybody's right yeah you know how this works we we have a a meeting on the 24th of September 25th 20 something 24 yeah whenever yeah is that okay whatever it's okay with you guys it's been six months that's fine so what you need to do is then you need to put that down and then you need to ask the board if for a continuance okay because we have to actually vote on it yes so should I write this for right write down what you want sure so like CLA you already done what you want he like his permit that's what he likes you're right we're close we said September 25th September are we still intending to actually uh look at the detail of everything besides the set I think we already did we we did yeah it's been so many there's been so many continuations since then I think at least three but the first meeting we did go go through everything and it was but for the septic the only thing that will that will change is in in our first meeting we discussed that we would probably require a deed restriction now with this new walk we won't okay correct correct why you waste your time and money why waste so that goes into effect immediately part of it does uhuh part of it um the ad part of it whatever doesn't take effect until next February the matter of right that we don't have matter that they don't have to they don't have to have a special permit starting next February okay but the definition of all these and and what you can restrict them to has changed change not effective as of June 6th or whatever no no it was August 6th right August what it was just I think it was just yeah August 1st actually we hours of August 1st 2024 anyway that's okay so I I'm formally requesting a continuance until September 25th if you are open to that um you make a motion make a motion to approve the continuance I'll second that any discussion PA favor say hi hi I all of those know that's unanimous is it going to be a reason that we'll see you again yes we will and and you know I I realize it's not you you've been really trying hard and that's the reason why we all you know uh you feel for you that you know you're making progress It's it seems like every time you move a stick there's another one exactly yep I appreciate it I really do all right see you next month I don't think I'm going to be here on the 25th I know you know you know if it's an approved thing you don't need to be here yeah that's all we need is an email from Matt saying it's approved got it we take care of that all right and a bottle of champagne yeah I'll bring the champ okay the uh the second hearing is uh 684 River Road another continued hearing an applicant of Chandler Fritz and Matthew Fritz for a special permit to construct twocc car garage to be located on roughly the same location the existing structure after Demolition and that will include a bedroom accessory apartment on the second floor containing 877 squ ft is allowed by zoning bylaw section 954 property sub property is located at 684 River Road Westport Mass and shown on sessor map 89 Lots 135 and 138 uh once again this is a continuation uh we will go through the same process to have the petitioner come forward can I see see that for a second I think there's a mistake reading it well I think there's a mistake in the ask oh 800 I think he said 758 ft I was like it was going back to the only Z that's why but okay um I once again I guess it's septic systems thank you yes I'm Matt Fritz the uh name name name and address uh Matthew Fritz 684 River Road Westport right my wife Chandler is not here uh she's a veterinarian uh working in conquered but uh thank you for your time thank you for seeing us and uh Tom Karns I'm the president of dsk Architects and planners um I'm a resident of 50 Howland Road here in Westport okay shall we go ahead well the floor well thank you very much so what we did in the uh exchange here is asked Lenny if you could stay for just a couple minutes because he proba here's our every he's everybody's expert and he probably is the best person to describe exactly uh the situation but it was also very informative for us to just hear uh the last applicant uh you know simp we know we're now in the zone uh between August 1th of 2024 and February 2nd of 2025 so we're assuming then this the requirement for deed restriction is if I have the right language it would be waved yes okay thank you for that for so with regard to the the the questions related to that we can we can bypass that at this moment yeah okay thank you Mr chairman and uh so the second issue then we'll go right to the heart of it is us working through the Board of Health um uh process and as I understand it and Lenny is going to help I think I think this may be an administrative issue with them uh but there's a maybe Lenny you could tell us where we are in the process microphone right there oh okay the plan is now complete I'm going to turn it into the Board of Health Tomorrow there's a six-bedroom house on the property they're going to remove one bedroom from the main house and add that to the garage however it's new construction with the garage with a with an apartment above so therefore it requires a denitrification system so we've designed it for that the six-bedroom leeching area uh is sufficient to take care of the six bedroom so all all you're doing is taking one bedroom from here putting it over here and reducing one over here uh sounds easy but there's a lot of technical detail we have storm water runoff we have to be concerned with so we have to account for that because the new construction area is over 5,000 square ft so it's not a simple plan but it is done um it got turned over to us back in July and we can't move fast enough so it's done it'll go to the border of Hill tomorrow and then we'll see how long it takes with the technical review there's no variances or wavers on it there's no wet lenss the Lots large enough for what it is so it's it's not a big thing it's basically technical issue on how to handle the storm water and the septic so and how are you going to handle the removing of the bedroom they're going to have to supply a plan to the building department and the Board of Health gets a copy of it to show how they're going to remove that bedroom right so if you you have a bedroom which you normally what they do it has to be a single Personnel type door 30 36 in door you take that out open Archway double French door that takes the um it takes the definition of a bedroom away cuz now it's not considered to be able to to be secured for privacy the closets don't matter you can have the closet in take the closet out you don't need a closet to make a bedroom it's very you need a you need 70 square ft you need a window window you don't even need heat it's a bedroom so that's what they' have to do is actually take out the door MH and and uh Open Access that's how they do that and there is an existing marginal space uh and we're reviewing that with Ralph to make sure he agrees with that before we would uh take any step there but uh to Lenny's point we are starting with six bedrooms we ending with six bedrooms and we have a existing six-bedroom system even so the owner or applicant agrees to put in a new the system we have to put the we have to have denotification because the Board of Health regulation is any new construction even though your bedrooms are balance it's still new construction so it requires Den notification even though we're really not touching or changing size of the system we're having to uh invest in that and and we will of course agree to that there'll be there be no building permit that could be issued prior to getting the Board of Health approval so we're wondering if this if this body would agree to a special permit just so we could we could advance and what was that wouldn't that by me again I was wondering because we AG will agree to the board of Health's requirements for the Subic system and Ralph w't issue a building permit until that's that's in place could we request a special permit this evening uh that okay just have to have our require approval accept a clant approved by the Board of Health I suspected as much I wanted to ask always try uh yeah so okay so uh as Len said we're submitting it tomorrow and uh hopefully it can yeah move through the system quick we would hope to be back with you on September 25th um I don't think that is an issue as long as it's as it's as long we we go over with the petitioner the other aspects of the um the zoning bylaw sure just to make we'll get that out of the way sure so that uh it'll be quick it'll be quick you'll come in we'll we'll read an email from Matt we'll vote on it and that'll be done so uh we will have now at least three things that night but again two of them are either going to be continued again again or they're going to be quick sure okay actually there's something else be put on really okay well but it's a special per on with the app yeah okay so they have to write out a thing for a continu but do we want to go through the go through the plans before we do that and again I'd open up to the public but Lenny is the only one that's public here what I like to then go is uh since the petitioner here is to go through all the other requirements for the accessory apartment now some of these will be no one void because of the of the new law the owner occupancy and and those things um right now the the let me see our requirement is the accessory apartment should be occupied by no one bedroom no more than two persons you got to say something in your head sorry yes okay uh um it is less than 900 square fet correct correct we see that it's 877 off street parking shall be uh shall meet requirements of 8.3 of the bws you have to have enough sufficient off street parking for to have for the uh for the apartment yes I I think we looked at this last time um new con you're not really it's not really new construction so we don't have to worry about the heighten setback because well we know it is we did look at the setback though yeah no setback issues and uh we're 26 ft we're well within the're well within it okay um the uh septic system is what we're still waiting on so yes that's why you know we would have to continue it uh any property that has been granted a special permit for detach accessory shall not be further subdivided unless all zoning requirements can be met what that means is you can't subdiv prop your property unless you meet all the zoning requirements for that subdivision okay right so as long as you had 6,000 60,000 square feet and Frontage and and all that so you understand that yes thank you okay um the uh uh the detached accessory Department shall not impair the Integrity or character of the neighborhood in which it is located and it shall not be detrimental to the abing properties I think we talked talked about this the last time we we looked at your plans right you know when they're first of all it's pretty very set back yes you don't really it's not visible from can't see and I'm not sure if it matters but I've email we've emailed all of our neighbors to make sure that they had face Toof face conversations or email conversations just to make sure that they were right yes initially one of our one of our concerns was not the concerns but uh one of the requirements was it had to be owner the owner had to live in either the house or and you're going to be you're you're not going to be there living year round right we're here as much as possible right so but now that's not an issue right because that's right that's we've never rented it the house anyway in our we were our concern was right if you lived in it for six weeks and you rented it for you know 48 weeks you know there's a how much of it is really the owner occupied part yeah they're really here year round intermittently but but All Seasons right but that's that's no longer an issue with with the new law so which really makes it easier for us now is that uh there's no intention ever of uh doing Veterinary Services out of that house no no although we could use one I wondering go to the beach someday and you'll see people lining up at at our chair asking for for advice right I know right yeah no large animal though unfortunately so that would have been you don't do horses and cows she did it in school she's she learned all about it but now she's just cats and dogs and any other questions from from the board we've gone through the a through J um uh my law requirements and I just it was nice that that you're here so that we can can actually see face to face and and you know and and understand uh you know what your uh what your plans are did you say who was voting on this because I wasn't here at that meeting you weren't oh I didn't say that um you were here for all the meetings only July just July 10th and I wasn't here okay and I should have done this in the very beginning voting on this then will be Jerry I thought you were here you sat here well there was there was July 10 was not here yeah she said that you weren't here oh it it was June okay you're right was June 11th and I wasn't here okay never mind I was there okay so voting onard con ski Ras dor elas and Cynthia kazts yes I should have started with that uh okay is there any other questions before um you the email that Jeff sent me questions okay I think the only thing we had last time was the fact was the garage wasn't heated or conditioned right so it couldn't be converted into a unit and and it's not he condition who is Jeff sorry uh Daren oh you're Jeff Daren uh I'm Tom Karns uh Jeff is my partner was he was yeah communicating with M that clears that up because I didn't know either excuse me I should have said that so any other says we can act on it what's that says we can act on it yeah um right yes uh any other questions if not uh I assume you're going to ask for Contin so what you do do you need to do is if you don't want to act tonight yes yes pleas yes uh please okay we'd be violating our own bylaws now what's going to happen next year I don't know I mean our zoning BS are going to change but a lot of it probably isn't it's still going to require septic there's still I mean there's a lot of it is still M it mandatory just from a building stand it's not going to run through us for a special fir the only thing that will probably go is the owner occup uh occupation part and the fact that it become by right instead of uh yeah they're going be a special permit so we don't have to hear all these we just don't have to hear them yeah thank you for your evening service and and mine is various towns with adus and everybody going through this like trying to figure it out everybody is like having these same conversations you know right yeah and our our issue is that this this becomes effective in February we don't have our our town meeting is April so we can't even adjust our town yeah no but we talk have to talk attorney Blake said it's you you can't overrule a state law yeah no it's a really tricky time for everybody so so we have to sort of have some mock some some temporary right right yeah we're hoping we have to just understand what the law says and or how we interpret it how KP KP law interprets it we can't we can't do this we can't do this we can't ask for this so or we just don't ask for special permit so therefore it doesn't really come so we're hoping to be we hope under construction before February and we won't be complete until after so straddling you know just trying to do everybody doing their best right yeah so uh formally requesting a continuance until September 25th okay uh this time I will make a motion to Grant the continu continuance until September 25th uh do I have a second second second that vot we are we going to add the the time frame for everything to do we have to do that we have to have the time frames extended too oh it says doesn't it say out there that yes that the time will uh yeah the decision time frame is is will also be adjusted okay foiler plate it says extended accordingly yeah okay right because we have so many days to make a decision right but when we continue it that's what this allows us to do is it shifts it yeah so that we stay within the confines of of how many days that we have to to act on it okay great so you understand that that's yes okay do I have them motion do you see you second second all in favor say I I I oppose no it's granted um we'll see you uh in September hopefully hopefully we get both of these out of the way that would be great you building stuff instead of coming here maybe my wife will be here next time he never know okay we'll bring our dogs in right smart smart that's good if it's if it's only going to be for um you know that the uh you know with the septic system approv you mean you live here yeah yeah if if you get the email saying it's been signed off it would be fairly quick it'll be quick so you can come in go yeah yeah yeah and we don't that'd be great yeah yeah thank you so much thank you very much night thank you next order of business is approval of the meeting minutes of July 10th 2024 Maria has put together the meeting minutes I know we all reviewed them and I made comments on them and Maria has put them into the meeting minutes so I'm going to make a motion to approve the July 10 2024 meeting minutes uh as provided we have a second second second all in favor say I I I I'll oppose no that's approved um wait before I do this I'll would do this and then I end up I need to sign it and then you go Maria okay uh last order of business uh is planning board request a comment on U zero Main Road special permit to construct a common driveway uh it's not something we generally get get get involved in this is mostly a planning board uh issue I've actually looked at it and it's kind of the only way to get to that property is with the with with a common driveway so I'm going to recommend that we we send it back with no comment unless somebody else has has an issue I'll second that okay all in favor of that I okay so I'll do that um Ria can you do that sure um we we briefly discussed the new the new law there uh uh cap law sent out sort of a summary of it there's going to be a webinar I think there's a couple of them scheduled uh I think everybody was on email for that no if not I didn't I don't think so did you hear I didn't did that email had a webinar attack I think there was there was at least a presentation or something yeah a webinar coming out yeah the email that we got well the one in August I'm told is already sold out Al there's one in September there's one in September it's September yeah I'll tell you have to where where was this the email you sent today yeah no no there was an email sent out I didn't get it okay I'll talk to you later okay just right one thing one there I mean the 10th of September only because I was not here when the original we put the zoning in place with the N9 like the original I was right here when we were changing the the size restriction for the external um you know Standalone uh dwellings that so we're allowed to make whatever we want as long as it's within or more than the this and it's always been half the gross floor area of a principal dwelling or 900 square ft whichever is smaller yeah and that's going to be an issue for some people but but that's always been the rule yes it did was my friend okay this was the old rule we are it was the old rule not lar in Floria than half the floor area the principal dwelling or 900 ft whatever is small that's what our P law said what I know it never did oh okay I mean our bylaw always we can we can change the size restrictions right so I think we did we just decided to be very generous on the 900 squ ft for for both of them but we didn't have to be but I think we were using uh 750 net square feet and and this uh this is gross this is now changed so that I think that could make a difference you know we were eliminating stairways that's not the that's the but the issue is has to be the smaller of half floor area of the principal dwelling my principal dwelling is only 1,000 s ft so if I came in for an Adu I should only be allowed a 500 one so what we should do is we need to incorporate that into the bylaw yes I was weird that why it never was because that was the always part of the original Law law I mean I think I'm like what I want I think we should all think about maybe is that maybe the first Adu can be 900 square fet similar to whatever and if subsequent God you can't right have to be or we can do whatever or we incorporate into our inate right out of the law well that's something we're going to have to work on when we yeah is this that I was weird why it was never written in our bylaws that way yet that was a definition of the previous definition in in 48 okay okay you're talking about regarding we W abiding by the state we were giving we were we were being more generous we were being more generous and we were allowed to be more generous yes can't be more restrictive we can't be more restrictive correct the old the old 48 always said half the size of the principal dwelling but no more than 900 square ft right and we had 900 ft in 750 that we changed to 900 so I don't know how again I don't have the historical knowledge of how that originally got put into our BOS to begin with so how how were you Roger uh uh figure in the um the square footage uh we eliminate at any unheated area and so so I'm trying to get your idea only we only included living space right living space right which means so what how does which means that stairwell is not living space the walls are not living space that's that isn't that's not what it says it says it's not larger in Gross floor area than half the gross floor area of the principal dwelling right but what's so what's the gross FL floor area of the principal we never calculated that before so we don't know like we never did that we always we always went by rast living space for our 900 square ft we never well what I consider to be net uh space that's what I'm saying I think this changes that it I think it does too okay CU I thought you were saying we we always that was part of that was part of the the thing was clarify that because it wasn't very clear in the original but we were never following it anyway so you know in the between now in next April or May whatever uh you know we we being the town us and the planning board and whatever are going to have to put together a an amendment in this and in the other part which has to do with co-joined properties yeah although I think the only part I'm not even sure where in our bylaw that exists what what part part of the the new bylaw says if you had co- jooin properties they don't merge they are not mer oh you talking about the merriage I think it was just we always relying on the doctorine of merger right I don't think we ever had we never really had that issue with respect to people wanting to I don't mean at least in my history here I've never had a person who owns two lots that are non-conforming next to each other you've actually had that yes and then they W weren't allowed to put a building on each yeah so we're going to have to look no I think was here with the court on it some of some of that was affected by the dalat case I think uh I'm not sure uh I'm not sure whether we're already up to compliance on they have to be in common Deeds for a long time or something that isn't it part of it too well the the law was the rule was if you if you own two properties that are abutting and they three that are reting four that are reting that are non-conforming they become joined to make it in the same name yeah yeah in the same name in the same name these are all things that we're going to have to investigate and we're probably going to need help from K law to do this before the uh uh the next town meeting I think personally that there'll be a number of changes including maybe about some of the stuff we talked about tonight um uh before February no this is law no no no I know it's a law yes but the interpretation the interpretation right there will be guidance I believe there'll be a lot more guidance and so forth things like even maybe site plan I might designate whe the zba is a site plan approver or something but not a decision maker just it's just like the uh site plan when you go to the planning board they can't turn you down but they do uh determine lighting and parking and things like well parking that would only require one spot that's different I'm what the planning board does now yeah TI to the planning board any other what about me yeah I think you want to go ahead yeah yeah go ahead can I do it the way I told you over the phone how it started in the first place yep all right okay oh Lord first you can sit down oh no I'm not uh first I want to apologize to the board all right for I guess I let the cat out of the bag unknowingly okay uh on our next scheduled meeting where Mr leech may present something and constant was authorized by the select board to now sit in on these hearings well and I the way that happened that's the reason why I'm apologizing was I approached Sean because we're friendly and he worked for me when I was a store manager and we played Sports together and I had bought a new truck and we were conversing about that and then I said well you know poter comes in front of us quite regular I just sold my truck to him for a considerable sum and I said uh am I in conflict of interest because I'm going to vote on this thing that's coming in front of us now his name was listed there so I went to Jim haret and I said hey do I have to do this uh yeah I think so you better check with the town clerk I go to the town clerk town clerk says you got to call the ethics commission I call the ethics commission an attorney calls me back two hours later says I have to disclose non-elected Municipal Employee with financial interest because I sold my truck to poter for a considerable amount but I sold it to AJ Potter and when Potter comes in front of us he comes in front of us as Westport environmental design which is a separate company but the reason I had to do this was because he signed the purchase and sale agreement cuz he's the treasurer of ajp and it was always the perception and look I asked I said well all I did was buy and sell bought a new truck and sold my own but the attorney from in Boston said you need to fill it up yeah and they gave me advice to read section 14-1 and I did and like I said I did not intentionally say hey by the way you know about this thing with constant that's not how it came about and I apologize for the letter that was sent to everyone not just me not just you what letter that was sent we had we had an email from Sean Leach well I didn't get it need die I got I got it yeah I didn't get it I didn't get it what he sent it to the board of help I mean he sent it to the board of selectman yeah did he send it to you I got a this is where Sean said that he would make a concern yes he would he would be concerned what would happen right about what if if you were to take part uh no she was allowed by the selectman to take part yeah I'm saying that's what I got got out of that he said why don't you stay out of it I don't even know what what what I don't understand what I'm not part of that all I'm saying is that letter because I said to him listen hey consant is going to be voting on anything that you present from now on the the board of selectman said it was okay then he wrote a letter to the board of Selectmen correct and so but you felt a need to talk with Sean personally about that I don't care I mean it's a public document but it's just odd that that would happen transpire that way and I'm not sure forward it to myself and I'm not and I'm not sure what you're saying right now I'm not sure what the point of your I don't know what you're well I didn't go out there to say hey conscience is doing this I went out there to do find out about this sale on my truck and this all came in a big circle as to why I had to fill out this thing that's what I called Roger first so he's apologizing to you for letting the cat out of the bag and now Sean is making a bigger there's no cat yeah but Sean made a bigger now he's making a stin and you and I were not copied on the email I anybody once you get forwarded to her that's why I said all I'm saying con I let the bag out of the Hat I'm the guilty person I'm I'm sitting here saying well there's no cat to let out of the bag but it is odd that you would feel a need we didn't discuss any of the issues of of the of the whatever it is all we discussed was hey she's going to be allowed to vote from here on out I'm not allowed to I mean it's like I'm that is my right as a zba member and I have sworn an oath to do so in an unbiased no no I think he says that he's he's just he's just apologizing for you for him saying that directly to Sean instead of you just being here next week and you voting on next time and you just voting on it I guess that's the best way to say it I I didn't say it the prop way because you're an honorable guy yeah I look I'm an honorable guy I listen I Lenny said I didn't even have to do this but everybody in this town building said I had to do it yeah if nothing else that's up to the ethics commission well they the one that told me to do this this is filed with the to cler they're the ones that decide that this got filed with the Town Clerk and with Roger one of the things that that that does always it put it on is that disclosing it then now takes you off the hook from anything up because you said I I disclose this it puts it on the table it puts it on the table so that nobody can then say you violated eth well no I could sit here tonight and say I'm going to excuse myself because I just bought a truck I just sold no you really can't because you have to do it all the time the reason you going to fill out the financial statement is that there could be a an inference that he paid that's that 14-1 you know the $110,000 truck he paid you $100,000 for and he took you on a nice a yacht trip around the world um yes so you so you are being more honorable than most of our Supreme Court Justices and like that right that's for sure okay I think that's enough I just want to clarify one one thing earlier I don't know I think Ro you said the selectman have said the consant can right do this it was my opinion from what I heard they didn't take a stand either way they they just simply said what I read was that they can't stop concer she don't they don't have the right yes to stop concer from being yes because I I read constant sent an email which I thought was very nice it just said I've been a member and I'm just paraphrasing you've been a member you understand the ethics you make fair and honest decisions and you continue to do so is that pretty much a summary that's ex and that's that's all we can expect from any of us right and yeah I should have never stepped down to begin with yeah U but I did so only just to make things easier for the board of Selectmen it just was I just there was no reason for me really to have to do it it's been a long time and it's hopefully but yeah I don't so but I do think that you have uh In fairness you should be reading that other email uh yeah we didn't get so I'm going to forward it to you constant it wasn't sent to me nor was it sent to me funny as George pointed out to the women on the the board right unless he knows that I know you I never right I think he knows I I know but I mean we all know I mean but you all they all know you right like yeah forward and I thought in my opinion I thought reading all this stuff online from the ethics commission that is dissolved in two years or something to that effect I thought that was in there too okay it goes away at some any other business okay who is the official Cynthia did you take over that job I think I did um but I forgot what I got to do time I yeah I muffed it up uh what do I got to say uh I move I make a motion to adjourn the meeting there see you go all in favor I