6:30 April 10 start the join board of appeals with the uh Pledge of Allegiance uned States indivisible andice for and the Mass General chapter 38 section 20f this meeting is being recorded first order of business is 29 Sanford Road application of Ronald C Richard for a special permit to converted an existing single family home into a detached one-bedroom accessory apartment as Allowed by recod recodified droning bylaw section 954 sub property is located at 129 Sanford Road Westport Mass and is shown on assessor map 14 Lot five so the petitioner or the petition represent you can come sit right here um the way you on the meeting is uh the petitioner will provide whatever information he feels is pertinent uh the zoning board will then uh ask questions once the zoning board has completed asking questions I'm open up to the public so um and um voting on on this petition will be myself Raj manard Jerry coutino Barbara Pono conon ski and Ray Elias so having said said that uh introduce yourself and then floor is yours so my name is Ronald Richard I'm looking for the um the permit for the detached in-law the last time I was here the board um I think the um the square footage was only 750 and the board suggested that I withdraw without prejudice because it was known that I think they were going to go to 900 and that was going to put me that was going to put me right in with the um with the first floor being 867 so I was going to have to request two two separate things um and so I'm here this time because this is going to fit right in with the uh the square footage which is allow by the Tower with the new byw right right um so you want to describe exactly what what it is you plan on doing so if you look at the level one floor plan if you look at at where it says um existing stair to be de demolished install new wall to prevent second floor access those stairs would be removed and then it would be a pull down attic staircase to get up there I wanted to have the architect draw it so it would be clear for the board so the downstairs is going to have a um look like a living room um dining room and a a bedroom and a bathroom right so the downstairs wouldn't change it would remain the same same okay and that is 800 right total square footage of accessory unit after conversion is 867 okay and I what you mean what you said uh bces will remain the same it was my understanding that you're going to be removing this stay away my apologies I stand corrected right right as far as the square footage goes it's going to remain the same but the stairs will be removed and a hatch will be installed for the U for the attic access if I remember right that was our recommendation when we were there on the site visit it was yeah that was the issue primary issue in the well that was our recommendation that he close it off and not use it right so it'll be so none of these wall are these walls existing or not on the second floor yes they are y okay so you just leave it for storage then yeah I could there's a radiator upstairs there's one I could take that right out that's that's a very simple process and then there won't even be any heat up there well there not going to be any reason to heat up there anyway cuz no one's going to be living up there so I will take that out but you also mentioned to me I believe that the the stairway what is now a Stairway is going to be replaced by a pull down typical attic thing with like just regular stairs not not stay away correct just to pull down right right that's it says that over here on the plan mhm install new wall and then new attic hatch with folding there to be installed for storage access I just want yeah yeah okay and then upstairs has a has a bathroom yeah it does um it's a full bath on the second floor if you're not going to keep that I assume you're going to I mean you got to worry about not that it's it's it's a zoning issue but you certainly don't want water upstairs you know what respectfully as a homeowner I would absolutely do that yeah because because I can't the toilet up there with a sink up there and a shower you know I'd have to I'll I'll just cap the pipes cap the pipe yeah other other way you can get frozen pipes and right right so I can do that from the basement there's shut offs in the basement which uh feed the upstairs mhm so I can just shut them off Purge the the shower in the sink mhm condition and point decision to include that mhm there is um I spoke with Maria and Maria had um they said that the board wanted an approved septic plan that is in place Maria said she was going to talk to Matt and she was going to notify the board that it was done and it has been approved and do we have a piece of paper from them Maria said she was going to give that to the board is that what that should be oh that's the oh okay I'll read that into the I I will read it into the record then this is from uh Matt arendo who is uh bo of Health it's to Maria Branco uh hi Maria the project it's approved for four bedrooms three bedrooms house plus accessory Matt Matthew armo Health director Westbard fora health so that that is one of the conditions in the uh and that was received today and that was received today I know there was also another condition in there I think there was something about parking so to the north well what we're gonna do is we're GNA go through all of the conditions for a detached accessory Department to make sure that you in compliance with all this you we'll do this U you know we'll walk through these once once we've got sort of feel for everything you're doing so you're going to essentially make the second floor uninhabitable and then you're going to build another house on on the same property right this will be the detached correct uh apartment and then uh you're the owner now I am and you're going to be living on the property I am okay because that is one of the conditions we're going to come out is that the owner has to reside and nether be detached or the main house okay um then why don't why don't we go through and and um I I'll just read these and you can just tell me how you're going to uh comply with it um well the the purpose the intent the intent is to provide older homeowners with the means of obtaining rental income Command Ship Security Services thereby enabling to stay more comfortable home and neighborhoods that they might otherwise be forced to leave so also to develop housing units into single family neighborhoods that are appropriate for households at a variety of stages in a life cycle provides uh uh units for persons with disabilities to protect stability property values and residential character of her neighborhood so you're using this for um you can either use this as a rental or you use it for family I mean that's that initially actually it's going to be my aunt initially she's 89 MH so you know she she can go up two stairs because like I was saying before I'm going to I expanded the driveway to the north so she can go in the front door she doesn't even have a stand up shower at the house she gets in a Victorian tub so there's you know it's going to be all on one floor now she has to go up and down the stairs at her house right so like I say initially that's the plan MH so one of the things that we uh well we'll get that out here in a second um okay the theat access apartment shall be a complete separate housing unit completing uh a kitchen living room bathroom and a maximum of one bedroom only one accessory apartment may be created with a single family dwelling or house lot so your accessory apartment has bedroom bathroom kitchen uh one bedroom one of one of the things that we in the past we generally do is we require a deed restriction uh to restrict that apartment to always being solely a single bedroom it have any issue with that no Okay the reason quite honestly I don't want a lot of people there you know God forbid something happens to my eye I really don't right I'm not looking for a family with three kids and a dog running around my yard right right so well what we have to do see once we make a decision the decision goes with the property mhm it's not just for you uh if you were to sell the property then the conditions for this decision have to the the the following owners have to abide by it as well so um so we have to make sure that for the life of the property that uh uh that there is just a single a single accessory bedroom and that's the reason why the the deed restriction because then it's documented when somebody want you know if you were to sell that property they would they would see the Restriction well hopefully that's not the case so you know this is my plan to you know cuz it's on the water yes okay you know the house right now is 900 ft from the water right cuz it's 900 ft from sanord Road approximately to the water so I got the order from the state the superseding order so I'm outside the buffer zone and so I'm going to be able to build 100 ft from the pond mhm okay so um it shall occupy no more than two persons the accessory appartment right so I only have uh I only put in parking for two people okay so once something happens there's only room for two cars on a diagonal in in those spots okay um the owner of the property in which the detach acccept department is created must occupy at least one of the dwelling in you already said you you were I'll be in the new house correct and the the gross area that attach sh be that greater than actually this is an old version It's 900 square ft which this is 8 whatever 67 867 so you're in compliance with that off street parking shall meet requirements of section 8.3 which says you have to have a sufficient off street parking you said you have two spaces for so I just expand it's it's in the construction right now they're going to come back and finish it tomorrow and then the new driveway is going to get done probably next week but I expanded it so that two cars can park diagonally to the North and then they'll be going in the front door instead of in the back door which is on the water side okay okay new construction show well it's not new construction you're not really changing the outside no of this not at all this next one just had to make sure that you didn't that you're conforming to the height restriction but you're not making any changes no septic system must meet the requirements of westw Board of Health we just have that uh email from uh from Matt saying that uh that it it meets the requirements um any property that has been granted a special reent for detach accessory Department shall not be further divided unless all zoning requirements can be met for the district in which is located just if you if you you how how how large is is the actual property two and a half acres two and a half acres so um what this says is you can't further subdivide the property unless you meet all the current zoning requirements for uh for the property so if you had 10 acres you could still it but at two well I'm here because I'm short on the on the acreage you know so that's why I had to come in front of the board right okay um okay uh prior to approval uh the the special permit the board shall make the following findings that the taach accessory perment shall not impair the Integrity or character of the neighborhood you're not really changing the the outside of the of the existing structure of the existing structure no right not at all the detached except Department shall not be detrimental to the abing properties um and that's um so those are requirements uh for for the accessory apartment you know other than the the the 800 square ft and again like I said we we generally do a uh a deed restriction just to protect the neighborhood over the life of the property um any um any other comments from the from the board pretty questions we I mean we we've been through this once before so this is this is you know uh obviously uh blocking off the second floor is what really allows this to happen because with the second floor you'd be way over the SCP footage right but uh removing the staircase entirely yep uh is that makes it in a non-liable space for the purposes of particularly of our new members uh it may be obvious but we did a an onsite on this Pro property I that was my first that was it yeah first thing yeah yeah that's what you were so we have a really good perspective of what we're talking about tonight better than usual yeah you know I thought about that I was going to take some pictures because to show the actual inside and then I forgot I remember that the uh the board had which people were here the last time I I don't remember okay there no other questions I'll open it up to the public any comments okay uh any any other comments before before we make a motion to close I just think that the um uh making the second floor unab unheated unhabitable would be a necessary part of our conditions okay um since I see no other comments I'll entertain a motion to close the hearing I'll make a motion to close the hearing I'll second second all in favor say I I I all that means is now is that the board will deliberate uh we we won't take any information in from the public unless we we can ask questions but uh you can't volunteer additional information um well um the applicant has met all the criteria for uh uh for an accessory apartment um I I don't really see any any issues with it I mean this was this was something that was voted in by the town several years ago and uh the plan is to use it exactly what the town was thinking about when they uh when they voted it in to allow uh you know to have you know keep family with you or even even as additional income so that you can reside Contin you to reside in your house um the uh certainly you know uh closing off the second floor is uh you know is a is a requirement in this case because otherwise it would have violated the the 900 square ft so um comments I think it's a good straightforward project okay all entertain uh there's no comments I'll entertain a motion to I'll make a motion to Grant the special permit to Ron Richard uh to convert an existing single family home into a detached one-bedroom accessory apartment as Allowed by recodified zoning bylaws section 9.5.3 subject property is located at 129 Sanford Road Westport Mass and is shown on Assessor's map 141 5 and in accordance with the plan submitted today and that uh the provision that the upstairs not be heated and not be um used for living space and also that it be uh a deed restriction be on the property second well a deed restriction uh requiring that there only be a single bedroom and no more than two people so moved we have we have a motion we have a second any discussion no all in favor say I I I I'll Theos no it's unanimous uh there is a 20-day uh waiting period okay um good luck with this uh I hope it all works out for you thank you simpi good luck thank you a away yeah we're all doing the same job okay so then what's that then have a great day yes thank you more Marine where's Marine he he's got Marine you got a marine haircut yeah that's I got the army haircut he's a colonel he's a colonel too he was up there you didn't for dinner I now I have't outside sleepy I need to like tap in it's been a long day chocolate covered coffee be really you get them in portugalia and they like bathroom so if I'm driving yeah take about 5 those it's like a cup of coffee yep than for you okay that the uh second item on the agenda is uh 1253 hor Neck Road application of the Bayside Restaurant applicant and Nancy M Carol trust uh trustee owner for a finding that expanding the outer seating area to include a nond sheld area approximately 1800 ft in front of the existing wooden deck where seating has existed for a long time shall not be substantially more detrimental than the existing non-conforming use to the neighborhood as mandated by zoning byw Article 5 Section 5.2.3 sub property is located at 1253 Horseneck Road Westport Mass and it's shown on cessors map 76 lot 40 so again the applicant can come forward uh and it will be the same process as before applicant will provide whatever information is pertinent the board will uh ask questions and after we will open it up to the public voting on this will be Jerry coutino Barber PLO myself Roger manard kinsky and uh Ray Elias so floor is yours uh name and name and address good evening my name is Heather Bonet AAR I'm here from fle Bonet AAR Mr fine gold was not able to attend tonight's meeting he had a conflicting meeting in New Bedford um so I am here he asked me to extend his apologies for uh passing it on to me to handle today and this is my client introduce I'm Katherine spy I live on Third Street in Le for and as you uh mentioned Mr chair we're here tonight uh to seek a finding pursuant to the Westport zoning bylaw article 5.2.3 um to essentially to continue an existing expanded seating area that was expanded under the covid restrictions to allow the tables the same number of tables that have or seats that have always been at the restaurant to be spread out more to have more distancing between the tables into a a sheld area that's cordoned off okay I'm just going to uh re to record a u a letter from Ralph Souza who is the the zoning enforcement officer uh Miss Carol the expansion of the outdoor seating area to include an area off its deck would require a finding by the zoning board of appeals as per the Westbard zoning bylaws article 523 pre-existing non-conforming structures or uses may be altered provided there was a finding by the board of appeals such an alteration should not be substantially more detrimental than the existing non-conforming use of the neighborhood um that's what prompted this this whole thing I I want to make it uh understood though that by the words um uh substantially not more detrimental to than the non-existing use uh according to our legal council that that that refers to things like um safety traffic uh that kind of it's not um it's not the type of architecture it's not what kind of shingles you use it's it's really more the safety aspects uh traffic those kinds of aspects not being more detrimental to the neighborhood and I think we've certainly my client could speak to that but as it exists right now uh it has been used that way for the last three years since co uh there's there's no expanded use other than just the spacing out of the table so there's no more seating than there was before it was expanded into that area but that was done because of covid Co the state allowed you to do more outside uh seating correct correct it was expanded under the covid rules to allow the table to space out and to accomplish the social distancing for health related related reasons that people were trying to accomplish so in you know in some places uh not particularly the Bayside but in some places that meant you could actually put more seating than you otherwise would have right in the facility at the Bayside it's the exact same number of seats that they had before Co and after covid those uh you know the state mandate on that expired when the co or recent when with the expiration of the co emergency but it still um benefits the the patrons and the community to have that extra spacing and extra seating for health reasons so that you're not you know right in each other's midst so okay how how many seats uh were allowed um prior to co 82 okay how many during Co 82 and this is all you're looking for now a limit of 82 I want to make sure that's on the record you want correct it's the exact same number of seating that is that's allowed that was existing before simply move tables away from each other more it'll allow more space there was a a graphic in the materials we filed I did bring a larger version um if anyone would like a larger version to look at anyone need a larger one just because I found it tiny you would like one no no you're good okay so if you look at that layout what we're talking about is the area that is in yellow right up here so it's just outside of the deck area I can't so same number of seats as before Co during Co and my concern is uh uh how close this is to the road and you know do you know the dimensions from the property line of the road so on the is it the West on the on the horse side it's the east east side yes the East Side there's a buffer it has um some stone wall and then there's some Rosa rosza that's in there so I don't know the exact dimensions but I'm guessing it's about 6 ft of buffer do that that's a concern which could be extended okay there's space for that now there's a stone wall between this parking and and the road there's I believe maybe old railroad ties or um wooden like 6x6 and just to be clear it's not parking this is just a table seating area no no no I understand that oh okay I thought you said I'm saying from that this seating area to the road you're really close is about how it's really close yes the that's a critical piece as far does it do we have to have a setback for that I mean it's it's not a well because because it's not a structure it's not a structure I'm not so certain but it would normally be 25 ft right minimum minimum from uh from something but my concern is um a little more that I mean I would love to see us be able to to do this uh but uh I do think that we have to uh mitigate some of the safety issues with ball s or or some kind of uh physical structure uh so the car went out of control we see it all the time on TV today car's going through buildings and so forth so I just think that's a concern that you might want to address plus while I'm talking about that is what we don't have here is a part of the plot plan that shows uh the dimensions uh of the uh of the buildings and so forth we normally would like to see that uh and that way we can see whether it's 25 ft or whether it's 2 ft or 50 ft or whatever and we're parking that should be a sketch uh it doesn't have to be a fully engineered plan or anything like that just something that's pretty accurate about the dimensions of setbacks including you know the restaurant it is at the moment and you should also yeah you know we really should as part of the plan as as Conant just mentioned we we should see where the where the where the parking is Right essentially your whole layout what what does your whole layout look like okay again and I agree with u with Jer it doesn't have to be architecturally perfect plan just you know it's we we need to get a feel for where all this sits on the property okay okay uh and just to be clear and I I think I understand the concerns and the safety concerns but this is the expanded area that was already permitted and has not had any problems for three years now with that the safety of the area but I I respect what the board is saying right but and but that permit now has expired understood the St what you're trying to do is make this permanent correct so where the state has allowed it and we all agreed with with the state did that was you know we lived in you know unusual circumstances now we're trying to make the unusual ual circumstances permanent and we have to make sure that we're all doing the right thing when we do that understand I'm I am going to read though uh a letter we got from Norman and I being Buck uh we are glad that spring is returning hopefully Bayside will be opening for business soon it's already open yeah is it could you read the DAT 10th of 2016 uh yeah oh this is old yeah that's why okay I didn't realize that was an old I didn't realize that I should have looked at that okay um I'm not even sure that this is per pertinent yeah I don't see much it's my understanding it was it was delivered to today um as a duplicate perh it it was delivered today [Music] um Mr Mrs be here correct yeah yeah Mrs book Is Here Yeah than um I will read it anyway uh we will uh we want to begin our season with good wishes and acknowledge that our difficulties over paring last parking last summer were resolved we anticipate that you will hold to your agreement to manage parking and limit cars to 20 ft past the telephone pole it is our hope you will do what is necessary to make this clear to your patrons Bayside is not the same restaurant that existed when we bought our property and built our home Bayside has added a bar and allows patrons to purchase drinks directly from the bar in violation of the stipulation and the beverage license is approved by the Selectmen By ignoring the limits of the permit your business has greatly expanded Bayside is operating it by special permit in a residential Zone we continue to be concerned about the impact on us in the neighborhood let us know how you are planing to manage parking as your summer Patron numbers grow we believe this will avoid any misunderstanding we love our home and location or customers agree that this is a wonderful spot to to visit in the summer and your good food will keep returning we will work with you and ask that you communicate with us sincerely nor Norman and Irene parck who are here if there's any right I have a question uh it U I'm not sure sure that it's relevant or not but um would U relief that was provided under the co covid temporary matters did that affect should I say it a different way did you have to revise your Lial license at all uh not under the not under the covid it automatically extended exactly you know the statement automatically extends it if we were to approve this you would need to adjust your lical license because they sep where you you can serve right correct right now they they're not serving food or beverages in that area I guess my question is why you're not expanding the number of seats W you just go back to the way it was before Co I mean I was a patron there before Co the space was fine so the outdoor area allows for people to be more spaced out and not right on top of each other so some of the indoor seating is moved more to the outdoor so that it's just spaced out more and people aren't so jammed in but it's you know the same number of seats tend to prefer the outdoor seating so basically you're not using your indoor seating during the summer you're using we still use it um we kind of flipflop but how do you regulate cuz you really have more than 82 seats we don't have more than 82 seats keep it capped at 82 so then you must have to close the Ino seating at some point so like at there were some days last summer where it was really hot and beautiful weather everybody wants to sit outside so so we would have maybe five tables available inside for those that wanted to go inside but most people prefer the outdoor seating and the sheld area is it's really beautiful The View there too and customers appreciate it well cuz we used to sit there and have a drink while we waited for our tables yeah under Co you no I'm talking about before yeah before you know before Co before Co no no there was always that little sheld area that the the sheld are has always been there yes but we've always kept alcohol on the patio and then with Co we were able to allow people to go in that rope do shell area I'm just letting you know before Co I sat in the sheld area on that little bench with a drink but I'm not holding that against you um sounds like you got away with a nice evening but people sat there you enjoyed it yes and it was it's an enjoyable spot to sit at right while you're waiting for your table um I just you know it just seems that to Jerry's point the potential risks of the road being so close with actually no benefit for the business because it's 82 seats no matter what I I'm concerned about the safety and I I think we're and the parking content with the coming up with a solution with the ballards some Planters or something that provides additional safety measures um to mitigate that concern and also concerned that they're self-regulating what 82 seats they're using so they have to close a certain amount of tables inside when they're fully Capac at capacity outside do you that's not the impression I got I that that there's only a total number of seating for 82 people whether you're inside or out right we literally carry tables and chairs inside and outside every day you can ask the weight it dri some nuts but um you know last summer we had every Saturday was a rainy Saturday so we would try to maximize under our canopy right and our indoor seating for um to to we had 82 seats so we try and get them in even though it was a rainy day it's a short season so well you have plenty of space here in this area to put some sort of um you know barrier barrier on the on the street side yeah there would have to be metal I mean would have to be something sub substantially in the ground to protect it what they sort of what they did I think the last Apple swur went through someone went through and think they actually you know physically had to put some pretty significant barrier is out hopefully I think that's pretty there's some standard pretty is that what you said yeah we'll make them pretty yeah I mean they have some that are very substantial planters for example that are that can you know withstand that impact if there were if there were to be an impact some you make a combination you could put the tight you know ballet that's in the ground and then decorate around with so it looks a little bit nicer than a than a post post or or some of the posts like you might see at Cumberland Farms or something they'll have like the Met is that what you're talking about Metal posts that are affixed and you can decorate around them something one West do I have a feeling it won't be too long before you're going to see those required in front of every shopping the same problem exists with this as well right I mean with the the existing Alor seating just that it's further from the road right so hopefully somebody who is losing control of the car can swerve but I I think traffic's also going north and south so I mean they'd have to be incredibly out of control to Swerve onto the patio yeah well seen some drivers out there lately well you say that but on the other hand you've got parking to the left and well to the to the south and north of this so somebody coming around decides thinks he's going to go to the parking lot and then sees the parking lot in full and then you know I mean people do crazy things yes well that's how these accidents happen right somebody hits the gas instead of the break and things like that so we need to be cognizant of that and try to avoid it when we can now this is something that you're looking for that's out of the ordinary not normally allowed uh I'd love to see us be able to do it uh but I I just uh I think we have to be concerned about safety and like I say uh a per perimeter plan so that we can see where it exactly is on the property okay and not just this but the whole property and the parking now we know that parking's difficult down there uh and um and fortunately you're able to provide a lot more parking on the North side and and we might hear more about that we might might not I don't know uh about the Bucks here here but um anyway that's a and the council was pointed about you hadn't had an accident three years that was the state mandate that was the state's liability it's the town that's going to allow this and then if something would happen it would be they would look towards also W you let that happen um so we just should try to mitigate it as best we can no problem with that we can we're certainly willing to incorporate ballards and safety measures to accommodate so does that mean that you're going to ask for a continuance in order to um come back with with plans and because there's only two things we can do here we can either continue it or we can vote on it today only two options we have so we should I I would like to ask for continuance so that we can get the safety plan well I'd rather have them Master the C you would so so so my it my understanding is we wouldn't be able to get it approved today with the condition that it have an acceptable B you want to not being approved so then we would ask for a continuance yes we have form for that yes you do probably an app on your phone for that actually I don't think so I think these are forms their paper but before we do that um I think we also want setbacks as well yes um uh I'm going open up now because just to make sure that we that there aren't any other issues that that should be resolved so we would like to get it so anybody come up to the microphone and name and address it my name is Norman Buck I live next door uh one Le turn Circle you have the letter from uh 2016 which was read uh in the8 years since then pretty well we've had parking under control relative we own part of the field where they're parking uh north of the restaurant and it was out of control for a while we got to a place with the help of uh the attorneys and uh we've been living in relative peace for the last eight years uh our concern is whatever they do doesn't end up with more parking problems it is a mess they fill the field as much as they can uh and uh then at busy nights there's 10 15 20 cars parked on the road up the road road on the other side of the road uh third Street's a problem uh they have signs up trying to keep parking off of there so that's our major issue that uh I don't know I'm concerned about if they space out people more they give more Pro opportunities for people to come in and stand around and have drinks which people like to do there uh and I don't care about that as much much as I care that they don't bring more cars so excuse me so I'd like some assurances that uh looking into this whole matter of parking is the biggest issue we have and uh the other we've had other things go on but I that's I'll end at that okay thank you okay for you guys um hi I'm I read and I also live next door um you were mentioning something about numbers uh that I couldn't quite hear because we had different information on seating numbers and I think what I heard the chair say is that the existing seating right now is tied to space that was allowed during covid not the numbers before so the seating that is in the legal documents or the agreements that were made are 80 two two 82 um and that's the the total amount correct that hasn't Chang what they said that has not changed even prior to co that was the number before Co it's been it hasn't changed at all since yeah it's pror to2 that's important as my husband said the parking is a concern for us um not simply it's simp uh because it's not organized so it's yes wonderful it's the best place in the world to live as far as I'm concerned and certainly for the people that come to the restaurant they have lots of reasons to come but we do not want to see people hurt and we have seen a couple of situations um if it wasn't serious it was close so I hope you include in your considerations um and I've heard it mentioned here safety it's really important to our neighbor right I I would like to get clarity on on both of your comments uh um regarding the parking so would I I'm hearing in one ear that uh uh since you kind of straightened it out with them uh it's liable it's okay the way it is we're not a to the business you concerned about it yeah I I think we'd have to explore that word livable but I think that um our concern is that we're not opposed to the business and we know that there's going to be cars um it was a challenge to get it worked out it took a while but it is they do have space on their piece of land but it's the cars that are parking on the road and the cars that are turning around and so my concern really was the number of seats if we're expanding seats but if we're not expanding the number number of people that can come in then it's what um the cars that will come and will stay need to be managed and our understanding is that you uh cannot park on our side of the road which is the Westport side the cars are parking on the far side the sanctuary side which is Dartmouth um and I don't know if anybody supervises that but there there's usually more cars when the you know summer comes and people are there that exceed the grassy area yeah and there's no supervision for it so you know you got to figure out what you do but that's way life is when place is busy I'm not again we're not refusing what's going on we're just saying your concern for safety a company ours and I hope you will stay with that because um it's really important there's a lot of kids I I I've eaten there several times and I think probably we all probably all have and in the summer I I don't think it's the seating that's the issue it's people coming in standing at the bar not actually there just to for a meal that and that's what adds to the to the number of cars that are there and then it should also but isn't that capacity I mean 82 seating mean 82 capacity not 82 SE seated in 25 yes but you manage that by people's by tables I I don't know how you manage people standing you know how you can say you you can't stand here there has to be a cap a fire a fire restri of capacity right it's not 82 it's it's greater than 82 forac I believe the fire department capacity may be 120 but that that's almost wow that's 50% higher than the seating capacity which I think is significant I guess m Mr um Elias can you read the rules of how many parking spaces you need for capacity I don't know if they it must be in we must have a rule of how many spots we need um the um what you're talking about this fire capacity how does how is the capacity addressed in the liqu license in the liquor license I believe it's 82 seats I would have to go back and look at that and it doesn't take any accommodation for people standing around the capacity is set by I believe the building department and the fire department um and it's almost like a separate I think there's you could have 150 people standing around drinking 120 they can have no you said 82 C just wait so just to be clear the policy of the Bayside is not people can only have a beverage if they are going to be eating at the restaurant it's not just to walk up and get a beverage and then leave and not eat how is that enforced um so we have a Hostess most days if not it's myself or Alicia my sister who's there um I mean you put your name in for a table and then you can go grab a drink while you wait if that's what you want to do a lot of people go for a walk one on the a SAT they go down to East Beach a lot of people drive away come back but the the bar itself has no seating at it it's a service bar that's primarily serving to the to the waitresses who take it out but somebody can go up and get a beverage while they're waiting for a seat after they've put their name on the list to get a seat and yeah is that pretty well controlled by I think so yeah okay just one other point if I could if I could clarify if I could clarify with the um the field off to the side with the parking all of the parking is managed on property owned and controlled by the Bayside it's not there's no parking that is being permitted by the Bayside on the the buck property they said they own part of the field where the parking is but not where their parking spaces are that's owned by the Bayside or at least there how many parking spaces do you have you know the to I don't know that off the top of my head no we can get that so so your parking plan when you come with a new one we'll show that sure yes okay uh now the uh can truck that you have there uh is that a registered truck it is yes yeah because uh that's another issue I think it's pretty neat myself but one it does take up a parking space and uh which is what we're concerned about and uh and if it were not movable uh it would uh also be considered an expansion of your physical facility uh so I want to make sure you understand that okay uh but I think it's kind of nice I like the colors it's gone it goes places yeah okay uh name and address yeah my name is Susan McQueen I live on Third Street been there for decades I'm third generation I'm a little confused I think I got lost in the numbers with uh seating that it's 82 so I thought at one time the deck was like 12 ft wide and had a canvas over it now it looks to be about 30 ft wide and I thought initially when we had the covid seating which was well managed I go by it multiple times a day it was spaced out on the deck and when I went to take out during Co most of the seating was on the deck there is a nice little area with a a fire pit I've never seen that as a problem but when I see 1,800 Square ft shelled area in my history on Third Street that's the parking lot and I'm on you know I have to go by like the delivery side where the trucks come and go and where the staff par and people being people I don't care where you're from there's a lot of aggressive Parkers on Third Street they're just going to come in they're going to block the mailboxes they're going to cram in their have private property and they the managers do the very best that they can but they're outnumbered or whether a parking attendant would help even a a young kid that worked for the s or a more um concrete barrier like a cable that um demarcates where one could park on the North side there's also um perhaps a little opening on in back of the Bayside where the truck could park or the some of the staff could park I don't know it might make it easier for them open up another little space for employees only and in commenting on the uh mermaid truck I thought years ago the permit was to have artson crafts in a building in back of the deck and somehow that evolved into an office in a bar and now there's a truck in the parking lot and it's all fun I ate there today it was great and it's all necessary I think because we don't have a lot of of venues in the South End but um you lost to me on the 82 seats and I'm a frequent flyer up and down Third Street so maybe if I saw a a plot and another safety concern is that the the town and the state now have to respect and I think we talked about this one time the new bicycling walking agricultural vehicle law where drivers give them 4 feet well you know we all see the drivers nowadays they give 4T at 45 M an hour and there's a lot of bicyclists in the summertime um even in the dis repair that East Beach Road is in right now there are a couple of college students that are roll a blading how they get over those rocks and bumps so like everybody that's paying attention Waits that's not staring at a phone or you know and then they come down by hus Neck Road so I think the uh concerns should be on for parking should be on both sides of the property within some reason workable reason so they can run the business but I don't know they've been there many many years and I just don't understand how people who come to Eden look like nice people they're pretty disrespectful to the property owners but we we want to work with the Bayside cuz it's it's a great place to go okay thank you what is the um what is the legal speed limit is it 35 on horse now or 30 35 I 355 35 on horse 30 on drift maybe they should lower it near when you get near the restaurant where there's so much traffic MH especially it's it's straight so as somebody who walks on both of those streets it is a speed limit but 6065 is not on un usual that's a bigger story River Road yeah yes Barbara has directed that comment to me must and I know it you've changed you saw the do you have a site plan with uh on file with the building inspector I would imagine we do but I don't want to I I would need to check into that I think that's critical um just in this last last discussion with the Bucks and the last speaker um couple of things um where do your employees park now they Park um along Third Street on our property um in front of our dumpster from like the building to the road um beyond that so there's the building and then there's uh section of fence and then dumpsters and then more they should know uh proper so on the Third Street side yeah okay is that adequate um that doesn't mention yes the change of shifts gets a little tricky people will they'll kind of double Park and then go flip around when the when it's time for the day shift to leave um the U this sketch that you have and I didn't realize it until the last speaker but I noticed that you don't have dimensions on this okay you just have seats and tables and so forth uh if we're going to be continuing uh I I would like to see actual dimensions uh not only of you know from the road to the property and all but actual dimensions and on the same plan we should also be showing your parking spaces so you could include the North Field since that's under your control uh and so forth but that maybe we could formalize this a little bit more maybe that might take care of some of the issues of the neighborhood yeah we can we can definitely do that and just to be clear we didn't leave off Dimensions um out of any no no disrespect to the board it was purely because nothing is being built or changed from what it's been up until March 31st and even you know without that extra space the seating would be exactly the same and the parking requirements for the seating the same so that was the reasoning beh you know behind submitting it this way but we're happy to do whatever the Board needs to comply well there have been a lot of changes over the years um I can recall when uh her dad came in here uh for uh what I thought was a pretty reasonable request to be able to have acoustic uh two two or three acoustic IC uh musicians uh sitting in what you're now talking about serving on uh and uh you know while people were waiting they could have music and so forth and unfortunately the sport had to turn that down and uh in my opinion unfortunately um and and so at that point they didn't have all of this okay so it's not like it's always been there okay understood this the the patio um has been there for at least 25 30 years the building that the office is in used to be storage prior to when my dad turned into an office so the these have all been here this sheld area was probably in the 50 years used for parking at some point in time and then again it's been 20 something years that it's been not used for parking andang lady came here I think it probably was is really old yeah you're probably right it's been there a long time there's no question about that but but during that time Ralph probably has a parking plan for what that existed at that time okay okay but U my my my Cynthia brought up the fact of paring regulations States for restaurants one space for every three seats um that's 27 and one space for each two employees so we don't have a plan of any of that but a lot of this is pre-existing so grandfathered in all all those things we understand all that okay I I would like to see us work cooperatively with you to try to make it but I we all also have to be concerned about neighbors we also have to be concerned about safety and some Aesthetics but not the and certainly safety is important to the Bayside as well so we're happy to get that for you I'm filling out the continuance form now we would like to request to continuance you gave her the okay U we have to uh we have to decide upon a date um did you there's somebody else from is there somebody else Janice D 1031 Main Road Westbard a fellow fellow restaurant tour um in town um here to support the carols um I think somebody mentioned that uh we provide a service to the town okay I can't tell you how many people said during Co that you know the takeout and that helped us during Co our life has still not changed it's like being in an arcade 24/7 playing whacka okay fees Insurance food costs okay we have to make hay when the sun shines in Westport okay and just another reminder to the town we're one of the only businesses that are asked to collect a tax on top of our meals tax the state meals tax of 7.25 we collected every month 75 and sent it to the town we're not asking for a lot we're just asking for you to help us help a small business and um to be considerate of that we're not we're not gangsters you we want to provide a service um the Bayside is an institution we've all been there we enjoy it and um please help us survive thank you we love the West quarter too so what dates are available for continuing well I mean the next date that the zoning board is May the schedule is May 29th if you want to go sooner than that you can't do the second week of May because of town meeting I mean we'd like to do it as soon as we can within because it's season you know it's season and limits their ability to serve Memorial Day you want to get going and there's a 20-day weit do the continuing um we don't have to wait for a lengthy two we time span notice because they've already done the legal notice right uh so it's a little unusual well how long is it going to take you to do to provide whatever to put together whatever information that uh that you think it's necessary you need to get somebody qualified to to do this safety thing you know whether sheo balls or yeah I do have an architect that we use to do this cat drawing because that's not my forte um so and he's a licensed AR architect so he could help me with this and I might I mean I can't answer for him but yeah I mean we be Speedy we would try to get it done as as quickly as possible I mean is that is that two weeks four weeks 10 weeks five days how can we do it in a week or two as fast as possible I can't do it the 17th 24th 24th not about 24th I think realistically just cuz it's going to get it personally I think it's going to get the har unless you really know the architect very well to get anybody to do anything in in two weeks is going to be pretty impossible I mean we've had that happen before where they ask continuances cuz they had to get a surveyor and then they came back and asked for another continuance because they couldn't get a surveyor well they could try it and yeah also talk I would rather have it be successful the next time and and having to come back yeah plan might take a little while too not they have a lot of motivation you do it's a short season um I'm pretty sure there is a parking plan I just have to we yeah um so yeah as soon as possible yeah as as well mean this is really somewhat up to you as far as when when you could be ready and when we can accommodate that now um uh according to our uh our uh our our rules uh uh you paid for this petition uh and a a continuance the first one is fre because we all understand you you don't always have all the right information the first time out but anything asked that if we were to come in two weeks and you weren't ready you had there would be another $100 fee to continue it after that just to make sure that we all understand we' all be upset that we came in here for nothing well any would want to and might have to come in for nothing again or come in again in two weeks that that's what I'm also going to say right if we come in you say the 17th you're not done then we got to come in first I think we can aim for two weeks and work aggressively to meet that if we learn quickly that that's not going to happen we no it doesn't work that way when we make this is a this is a date certain when we put this it will be on the calendar we're going to be here okay whether you're ready or not we're going we have to and you have to be here too okay to ask for continu we're here and you're not here then there's a problem so what date is this can you do the 24th I think we can do the 24th yes I may not be able to be here that night so would it be okay for Cynthia or George to as long long as we have I will be in Virginia Virginia 24 I can't be here we don't have enough people then what about the week after that we after that the first oh you are May 1 I can do that do we know okay yeah you're probably going May 1st George Cynthia yeah May 1st I could do May 1 you can do May 1 well what if we went to four members on the 24th now then it would have to be unanimous right I'm just saying we we could provide him with that option that's an option you have yeah I think May May first that's a May 1st okay with Cynthia yeah and constant J well I get to oh doesn't matter we's got one alternate right May 1 I think so okay so do you want to try for May 1st well not try for May 1st if it's going to be May 1 we're going to be here yes at 6:30 I think May 1st is uh makes sense okay so what you so you can write that in and then well first of all you have you then have to then read to request the board to allow continuance because we don't have to actually approve it I understand that okay so the petitioner uh Bayside Restaurant would like to request that there the petition be continued to May 1st 2024 so that we can provide the additional information um that the board has requested uh specifically I understand that to be um a a plan that shows the dimensions of the site including the parking as well as safety ballards that could be put in place to protect the proposed outdoor shelled seating area that's on this plan setbacks and um beat measurements actual measurements yeah the dimensions for this plan do you want dimensions for the interior of the space too you're saying nothing that's Chang the building itself even if it's not changing or well no the dimensions you know 25 ft wide by 10 ft I mean it's not right for the outdoor area and the parking area and the lot no all of it interior that's what I was asking do you want that the interior area well it's not the interior there's a building a building at 24 ft by 10 got it I mean it's yeah you can get you can get do matter I don't need to see the radius for the uh you know how big the doors are or whatever it's just you know okay outside dimensions remember that the setbacks are from the property line not from the pave Road right that doesn't have to be an engineered plan right Jerry that can keep going it's no as long as it's reasonably detailed we don't want some scratchy thing oh really this is going to be part of the permanent record okay so okay I guess the best way to say is just remember you're in a nonconforming situation so anything you do is going to be addressed and I'd like to see the setbacks from where's your picture where's your picture I'd like to see the setbacks from the road to the building itself as well as to the existing deck yeah well the the setbacks are based on property lines right so wherever the property I want see what I would like to see is is from the property line to the building and the property line to the existing deck that's all in addition to the property line to the sheld area sheld area I think that could be positive okay so won be can I ask a question yes you may uh what are there any rules or what are the rules of parking off the property uh there's there is none 15 cars that's a problem everywh everywhere everywhere everywhere you know in front of my house you know you know neighbors I mean there's really no regulation about just wondered if you had any jurisdiction over there you had no we wish we did no we don't over parking on street no but but I do have a suggestion uh if it's if it's an issue you you can go to to the uh police department and the uh police safety officer reviews it and they may put a 30 minute limit or 2hour limit or no parking from here to Corner whatever right they do that they've done that at the head numerous times and changed it numerous time well they used to park on our side of the street up quite a ways up past our property and that's been changed so they all park on the Dart side so I don't know what the jurisdiction is anyway that was my question okay thank you should I restate my motion we have a motion uh we have a request I make a motion that we Grant the continuance to what we say May May 1 May May 1st at 6:30 I'll second all in favor say I I I all those no it's unanimous so uh we'll see you uh May 1 sounds good thank you can thank you all for your time good luck thank you I guess better put that in my calendar and then if for some reason you're not ready you want you at least need to show up to ask for another AB no no I absolutely and I respect the fact that you guys are all volunteering your time to be here um so I will to be here and I will be here no matter what thank you so much okay um next order of business we have meeting minutes for March 20th Maria has put together the meeting minutes which uh fairly short meeting minutes um I make a motion that we approve the meeting minutes uh of March 20th 2024 second good I have a motion and second all in favor say I I oppose no light this up this time I will hand it to you Maria so end up on my package okay um request planning board for comment regarding 461 Old Harbor Road okay um anybody got any comments on the I'm confused okay if you go to the property record card of whatever 430 whatever cuz my eyes are too small um to it well actually it's no it's 461 Harbor Road 4 635 is where Charlie Lives um if you go to 461 the lot is 8.19 Acres so I don't understand which is the lot two I don't understand where lot one came from we're we're talking about the marrow property here yeah yeah right so this is there's multiple marrow property this is not the subject of the other marit which it so this is maap 87 lot 5 461 Old Harbor Road if you go to the property record card that lot is 8.1 Acres lot two here is 8.1 Acres so where are the other 2.76 Acres law come from that wants the flexible Frontage that that's haven't seen this yet I know I've got it but I haven't and not to mention Charlie marrow doesn't own the property it's in a trust is possible that this is it possible that this is a proposed uh no 460 yeah it is this is what's proposed they want they want this eight there seems it what it looks like if we would actually have some more information maybe from the planning board that they're trying to split these Lots into one and two and then this lot one would only have not have enough a frontage and they're asking us for a flexible Frontage for that lot and this second lot would be so you got lot one lot two but if you go to the property record card of 4 461 Old Harbor Road it is only 8. n Acres so I don't know where this other piece is coming from yeah I see that it's is it a pre-existing lot and they seem to be sort of lumping it into the fact that it's two lot and they're trying to split it two and a half acres missing something yeah well exactly and on the record card it also has some subdivisions listed on there but again I don't I don't know how to read the the property record card back to the planning board with a comment saying like what if they would have sent us more than this might have been nice is right I mean the whole paper plan but and then just to make a point to the board that Charlie Maryland does not own this property this property isn't a trust and it says it here notice Hill land preservation trust he it's a n it's a nominee trust he may be the beneficial owner benef the beneficiary of this trust but we don't have access to that document so the fact that he's presenting this as his property I find slightly offensive because he's not he is not legally able to act there's a trustee that should be acting um that's all those are my two comments Mar can we just make a uh uh make a comment to the um the planning board what Cynthia just said the you want me write want me to send you an email tomorrow just to you I don't I don't want to run a foul we don't have an right topes so it's a out something right like I don't I just don't understand the plan I mean I have no problem with flexible Frontage but it seems like discrepancy between the I think this subdivision happened before and now they're trying to lump it all together I don't know but and I don't know if it's Charlie or if it's what's his face now we have a are you on to the next y u we have a u hearing coming up uh is uh in my opinion unexpected and interesting uh and I don't want to discuss that hearing tonight however uh I noticed that um uh we have asked the town attorney to be available uh on that night because it is potentially a legal question but I would like to us consider um sort of Defending off the the thing U before we get to that night and then sit here and spend hours talking about it uh a very simple question and that would be to uh ask Our Town Council iead a time now uh to address the uh question uh can a detach An approved detached uh unit uh and and I think we could even expand it to attached as well even though might be in the building uh legally be uh cond well that that was one of the reasons why we were going to contact Town Council which just exactly for what you're just well no but our question to him was for him to be available well I'm asking I sent another email out this morning you might not have seen it no and what does that uh attaching copies of what was filed and I didn't want it related directly to that case I wanted to ask it in a general way but because I have looked through every piece of that uh bylaw and I do not see any violation of any kind and I think there eventually a big deal one way or the other I um condation is just a u a form of ownership and uh just like making into an LLC or whatever and so any might save a lot of time right and and again as a more General it runs a foul of our bylaw as a more General issue is when we make a decision allowing something to happen uh uh and in the future if they come back and want to change that then that's essentially abating the original agreement and what what recourse do we have in in that situation are we allowed to essentially reverse our decision from previous years that's essentially what it is so but that's a very general notation which is exactly why we have a residen requirement you can't have if you make it into a condo and sell to a third party You' you've run a foul of third party is an owner no it's not condo no of course he is no it's up for sale for anybody to buy look on look on Zillow look on real estate.com it's for sale to a third party none related to the LLC that's why I want to get a Town Council opinion before that night so we don't have prolonged discussion a lot of expense let's just find just so you know the G restriction is recorded So anybody who would buy that would be a freaking stupid person but that's what's recorded the deed restriction that you have what what does it say it says that the person who owns the pro all the property has to live in one of them it says all the property I didn't yes all the property yes you can't have more than one owner of a property you can have more than one owner sub no that's not a subdivision but it has to be separate owners they would have to buy the whole lot together not just the piece okay but I I don't want to get into a lot of details about a uh about a about a future deis but we do we do we usually do talk to to Our Town Council prior to so that so that he understands what the uh what the issues may or may not be and again and I agree with you that this this is more than just a a uh a single it's really a matter of policy we've done do this right Roger can I can I bring this up R oh yeah sure go ahead in the past uh uh last year uh we reviewed uh legal fees from what we were using and uh uh around March 15th I went to uh the select's office review what's happening now and they've changed their way of handling um the legal budget throughout the town each department now is responsible for XYZ and I asked for uh July 1st till um around midm March um we spent $1,835 but the thing that's important is uh they're charged specifically to the zoning board of appeals 435 old Harbor Road 6300 $145 uh 51a drift Road $112.50 uh short-term rentals $1,327 and spin away $4,050 and we're averaging around $100 a month for legal fees just well it doesn't matter we we could use 20,000 I'm not saying we can it it it what it does is uh it it it separates out the legal budget that might be in the total Town budget as who's using the most now and it's not us just so you know okay and I mean Spiner away is interesting because once it be when once we denied the petitioners road yeah but the thing is that most of that spin away wasn't after wasn't for the zoning board it was after the zoning board issued his decision and then the town had decided they wanted to go ahead UE so we shouldn't be charged back for that but I know who's going to be spending the most okay the next thing I want to discuss is the um zoning bylaws that are going to come in front of the um town meeting has everybody been able to review at least the short-term Rental part of it yeah MH yes does anybody have any issues with any part of it that uh that we need to discuss well as you have indicated earlier uh um there's very little to enforce there's not much there and U and having a minimum of seven days or if they change it to five days or whatever it may be is a big help but that's about it right um what I would like to be able to say then is that the board supports this or doesn't however you what we would think um and I know I know Cynthia you asked it about the last time is like you know because because one of the things you do at a town meeting is somebody can propose an amendment um I would be in favor of this particular bylaw as long as it stays relatively the way that bylaw is without major amendments and I wouldn't be at all in favor if that U the you know the one thing I think that is really important is the minimum stay um I think it's got to be in my opinion at least five days seven days I think is really good I wouldn't want to see it go less than five because then you run into the it's this long weekend thing that you worry about party houses well I think the Tom meet and body has got to understand that if we don't do something here yes it it's really really it's yes big how does everybody else feel about that as far as the you know I have a pro I guess I the biggest problem I have the seven days is that off seon I've used weekend airbnbs for my family because I don't want them with me right so they're staying with you you know I don't care so you know I you know do we want to put say and during the summer seven days you're not going to get enough you're not going to get a weekend in the summer very rarely they're all booked for the week so I'm not sure if this you know the 7day does affect outside the summer which I would say would decrease some of the partying that goes on in the weekends but I also think there's a a need in the area um to have you know three or 4 day three or four day rentals especially around graduations at the University of Dartmouth in all the Community Schools where it it it it provides a service to people coming into the area right and it provides um rentals to the people who are renting that they other wouldn't have um and that's the only my biggest concern of the 7 day um but I do I I do agree with you about the concern of when it's in the summer especially and it's a weekend it's only a party house but I I I just don't see many houses really ever being available just for the weekend and summer they're usually the the ones are up are usually fully booked I mean they probably all fully booked right now if you look on Airbnb you're not going to find a week rent week a weekend rental certainly not a weekend rental um I just think the the shoulder Seasons you know are maybe this is vital as um to their their the individuals as the summer is is but if we have but I'm still proponent of passing something and if it's going to be seven days you know I would support that because I the majority of the the so many people would be affected if we didn't have anything because that means they're not available and I think most of the people who most of the historical Westport rentals that would be really be hurting families if we didn't allow the rentals our seven days or more anyway so it would maybe prevent people from saying hey I'm just going to rent it every once in a while and then maybe that's what we want to prevent so I'm just I'm torn yeah but I guess next time my sister comes into town he's they're staying with you the only thing I'm I'm I'm bringing this up because uh like I said it's you when it comes up to the town meeting um you know uh you know I would gen I will probably be the one announcing this one uh and and saying that the Board General you know agrees you know with the uh you know with this byw because we need something and and this is uh beginning provides it provides well first of all it allows rental it allows short-term rentals but it does provide some protection to the to the neighbors which is what we're always concerned about is the balance between protecting neighbors and and allowing short-term rentals and this you know at least uh you know you know does provide uh uh a significant part of that especially with the provision that it's you know some number of days um I think five is okay seven is okay much less than that I yeah I don't think provides protection no I don't either so and and I would like to I would like to be able to say that the board agrees with that or doesn't agree with that that's well I think we we do agree with that okay some minimum but I'm not sure that um that that number whatever the number but the number in the warrant right now is seven seven okay I'm not sure that's amendable because why uh you can amend it by just saying delete it it's um okay it's just like if you're spending money uh the town moderator will not allow you to amend something that would spend more money because it's not within the four corners of yeah we amended last year there was amendments made not zoning amendments but it was there were zoning there were amendments made on the Fly regarding the funding of the you know the with what the old high school or something amendments were made on the Fly oh yeah by a by a person a citizen standing up and saying that I you know and then we had a discuss the amendment I I I think pre my remarks by saying I'm not sure anyway I'm just I just want to have my B cover somebody says I wanted to be a minimum of one day are they going to allow that to even be considered uh somebody else says I wanted to be a month a month is not a short-term rental's that A month's not a short-term rental it's regular rental it falls outside of this 30 days it's 31 days yeah cut off okay so um I'm going to take this my marching orders is that the the the zoning board uh supports this um uh zoning bylaw as is um and if it does poly come up to um a change of uh the number of days if it gets to be something like two or three days that the board doesn't support it but even if it gets to be four days support we don't support it yeah so we'd really like to see it be seven but right right okay that's that's all I wanted to know some emphasis needs to be put I think uh on the fact that if we don't pass it uh everything's illegal and we're going to have a ton of applications yes yes matter fact I have I have a call to Town Council L specifically in in in in regards to that yeah regarding the legalities of all this as far as going forward now with the town and the zoning board all understanding now that that uh technically short-term rentals are illegal so what should we do about it if this doesn't pass that's right we need to understand that yeah that should that's the way it should be said oh yes absolutely at the same well I guess okay any other well and what was the push back when you guys were doing this for these for this time oh well we first of all that was one thing we did not uh so I think we just did three days but we did the the the subcommittee had a lot of other aspects of of the zoning bylaw like for instance you had to be you had to be a a resident or there was some residency requirement there was some other things that got trimmed down by the planning board when they talked when they had we also had public hearings and of course the renters they didn't want any restrictions you know I mean some some of them wanted some clear-cut guidelines they knew the alternative right so I think they must have come up with I think the seven days got put in after the first hearing so it must have been part of the second hearing which were mostly concerned citizens and I didn't go because I same thing that that we it could be should be three or should be four yeah I wasn't involved in in I watched all I don't remember that yes I don't uh there were uh quite a few real estate interests yeah the girl across from was there pretty or or people that did just these shortterm rentals but anyway um it was actually uh one of the more vocal um real estate agents who um suggested a minimum of of a whole weekend uh you know so that um you didn't have the one night kind of uh Bachelor parties and things like that uh so that's what kicked off that discussion about minimum number yeah I mean and you know my to my concern of not in the shoulder season when people really only need it for three days if the folks who are renting the place really want to rent it only for 3 days they can charge 3 days rent and you have it for seven days and you just don't use it right so it doesn't I mean I can I can rent something right now for a week but only be there for three days right I mean that's you know that's under you know and if so you know getting my concern of there may be they're going to be losing some rentals weekend rentals but in reality they can structure it so it stays within the guidelines and still get the you know money out of it in actuality I I think to be practical if this didn't pass people are still going to keep rening and they're just going to take their chances because the only way they're going to have a problem is if a neighbor um again complains and there are some stipulations the problem is when we get a check from Airbnb then we know who's the Wii the town the town the town every month gets a check from Airbnb well gets from the state and and from the state from the state but it's not categorized by address yes it is yes yes it is we weren't allowed to give the well it's not by it's by road but you still know who it is we're still talking about legal issues and that's why we're going to talk to council about this so is there any other uh business U old business new business uh before we I just have a question in terms of like what happened this evening I thought about this before but I might even ask about it but is we have like guidelines that s of help people um put together um their petitions and I wonder if we could um if we could encourage people or suggest that they when they're turning in um a house plan or a plan like uh the the people did this evening if they you know encourage them to do a lot plan to show where the um the house or where they proposed changes are within the whole lot so because we've had that happen before yeah people come I'm quite of surprised wait a second and so and so that we you know so they don't have to come back so they know we that they need that from the get go I I thought we had address that in in our instructions we could look at our instructions again and if it doesn't say it we can put it in I thought it did but I don't know it's not in the application it's not and this this is kind of like it's not something that comes before the board all the time if it's an accessory apartment or if they're doing something to a main structure or they're building something else typically if it comes to me first before it gets filed and they don't have the plans and the site plan where does it sitting you know I typically tell people that this is what the board would like to see Dimensions setbacks all that stuff is pretty important um yeah but for a restaurant to come in and and have this um with the lawyer yeah with a lawyer and then not have parking and not have a whole it's sort of a we that's bad legal counsel yeah well it was bad Council they should have they should have known like they did the right thing they got an attorney and the attorney said this is good yeah but I do want to say to to the same effect the 129 thing this Stanford Road he actually took Our advice into he made it bigger remember the last one it was like tiny and he also delineated what wasn't measurable space the clauset in the foyer like we told like he actually listened and actually presed a plan that actually had our concerns from before which was I thought was nice yes okay I think anything else I make a motion to I second all in favor hi this your last thank you Val