##VIDEO ID:vBUIvPbXwU8## hello and welcome to the Tuesday September 10th 2024 meeting of the air planning board this meeting hearing the air planning board will be held in person at the location provided on this notice members of the public are welcome to attend this inperson meeting please note that while an option for remote attendance and our participation via Zoom is being provided as a courtesy to the public the meeting hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast unless otherwise required by law members of the public particular interest in a specific item on this agenda should make plans for inperson versus virtual attendance accordingly this meeting will be live on Zoom the public May access the proceedings by joining Zoom meeting ID number 833 6548 9732 I'm sorry 0732 or by calling 92925 6099 for additional information about remote participation please contact Danny Ruiz Town planner at d a.ma us or 978 772 8220 extension 144 prior to the meeting uh regarding the agenda I I would like to swap uh the public hearing put uh Stratton Hill first ahead of Scully this this will not delay you because all we have to do is read a letter into the record to move it to next week and we'll just clear that out of the way um with that in mind with that suggestion uh we have a motion to approve the agenda so moved a second seconded all right any further discussion hearing none Ken yes Julie yes Kathleen yes Nathan I Jeff yes and the chair votes I welcome everybody our first item of public business is Covenant lot release for Panther Place take it away Danny so uh at the last uh maybe two public hearings ago we we had given them a covenant uh lot release for uh two lots on um uh not gasin way but on um Circle yes brick Circle uh the DPW had suggested to hold off on gasan Lane the two lots they're now coming back for these two lots the DPW did provide a letter uh saying that they're okay with the release of those two lots um and uh so as we're getting closer to uh the subdivision being completed um you know eventually we'll be getting to the point where we'll need a bond in place for the rest of the work um but we're not there yet okay great um I assume that all all our board members have a copy and have seen this letter from Dan skull quii dated September 4th any comments or questions do we have to enter it into what do we do just make it put it in the record um it is part of the record if you guys would like to read it into it you can it's the clerk if You' like CH it is part of the meeting materials it's part of the it's part of the F to move to approve the release for Lots one and two of gasin Lane and to place subdivision as requested by the um proponent second second any further discussion hearing none Ken how do you vote I Julie yes Nathan I Jeff I and the chair votes I thank you so that that's for release of one and two G Lan excellent next item on our agenda is uh curly Circle Bond release and we have uh both a membo a memo from DP memo and a letter from DPW so uh the there's an email in there um where I checked with DPW to see if they were okay with the release of the bond um the final Bond so you have a letter from a date of July 25th 20123 that is the bond that was put in place when we did the street acceptance um this was this so this is what was being held for the lights the sign and dealing with the storm water that was uh sort of an issue there all of those items have been addressed um the lights are up the sign is up and the storm water has been addressed uh so the DPW feels that uh the final Bond can be released it is $247 um and you have the uh the email from Dan um also saying that he was okay with it comments or questions from board members if I may Mr chair I want to say thank you to our town planner because I couldn't remember about this one it's over a year ago yeah and spoke to Danny today it's like oh yeah I remember we this is a decision we made last year and um yeah so great appreciate that it's gotten taken care of excellent that's it yep yes we're done with the wow I can't believe it a sense of closure uh so do I have a motion to release the last remaining bond funds for curly Circle John Carrol Reserve so move seconded by Julie Ken how do you vote yes Julie yes Nathan hi Jeff I chair votes I thank you everybody um I'd like the next we need to we don't need the public hearing's open it's already open so we just need a continuance after we do this um on the schedule we're supposed to We were supposed to uh meet with the applicant today for Stratton Hill but we received the letter asking us to postpone and I'll read it into the record dated September 6 2024 to the air planning board regarding uh from Robert Collins the attorney representing the applicant regarding Fox metal uh Metal realy Corporation Molton Construction Corporation Stratton Hill definitive subdivision right Road dear board members as luck would have it Frank mcpartland and I are both in front of the Gren Conservation Commission on the 10th I would thus like to request that the hearing be continued to the meeting on September 24th kindly also consider this Letter's request at the time by which the board must complete its hearing hearings and file a decision this matter be extended till October 31st 2024 thanking the board for its time and consideration I remain very truly yours Robert L Collins uh do we need a vote to continue um I make a motion to continue the public hearing for Stratton Hill off right road map 6 Parcels 1 2 3 7 8 11 through 55 to our next meeting on the 24th seconded any further discussion hearing none Ken yes Julie yes Nathan I Jeff I chair votes I thank you uh we will continue the public hearing now for um zero Scully Road if the applicant would approach the table please and can we get chairs for the other gentleman too let's make sure okay Dan I'm going to ask you to take the lead on this and direct us on the steps here yes thank you so at our last meeting uh we left just to um we wanted a letter or something in writing from Charlie the Building Commissioner on the accessory use and um the the question about if the business is no longer in use or you know how does this all work so uh Z so Charlie provided Ed us with a letter and so it says good afternoon Danny this letter is to follow up our conversation this morning regarding the living SLC caretakers Quarters at zero Scully Road the question being what happens if the caretakers quarters if the business fails to exist section 5.33 C5 uh allows this set as an accessory use to the primary use the accessory use caretakers quarters would not be allowed to be occupied if the primary use was not there in the event that the building is so sold for a different use it would be it would have to be reviewed again to ensure the caretaker's quarters would be allowed as an accessory use to whatever the new primary use would be it cannot be a single family home or used for a dwelling unit only as the building is in in an industrial Zone we ask has the applicant seen this note before this meeting no I but I did let um you did let um so basically what that says is you know as long as the business is in use and you are either the owner or an employee of that you can live there um and so what we would suggest what I would suggest to the board would be that a condition in the site plan and in the site plan review um approval or decision says that um it basically references that same thing I think um you know the the biggest question was how do we deal with that portion of it I know there was some other questions on whether or not this is a caretaker's unit or not this is a house but based on uh Charlie's interpretation he does see it as a caretaker unit um as long as the primary use is in play correct okay and does X you understand yeah I certainly do yeah and I I I can see why you know that's absolutely okay and uh we have some waivers to go through yes so I would pull those up I know it's there but my I is terrible all right we have a list of names all right so the uh first one is site plan regulations for uh E2 the vehicular traffic circulation and parking traffic impact statement uh it's on the site plan application it's 5B uh I did actually update that so the new one is on the website just so you know okay um so the request is wave for uh a traffic impact statement details within the site plan application uh reason expected onsite average uh daily traffic is limited to the applicant land owner operating the proposed business with for service personnels uh Tech uh technicians stopping by to pick up supplies as needed proposed business will will not generate new traffic or expected traffic generation is limited to minimal passenger vehicle traffic therefore a traffic impact statement should not be necessary uh I'm in agreement with that I'm in agreement with it too I mean I think that reasoning is sound y so can we do these go and Y so uh do I have a motion to to approve this waiver move to approve the waiver request s plan regulations I believe that's i. e.2 vehicular traffic circulation and parking traffic impact statement site plan application section 5B thank you Jee a second second thank you Nathan uh any further discussion so this is this is under the site plan rigs right yeah these are the site plan Rags so 4 E2 and submit okay no no comment or further questions can no all right how do you vote yes Julie Nathan I Jeff I chair votes I it is uh it is wave we have another waiver okay so the next one is uh from uh site plan regulations uh 4 F3 uh pedestrian and bicycle circulation and safety s plan application 6C wave the bicycle parking requirement for the proposed development the proposed Commercial Business generally does not expect to have customers on site therefore bicycle parking accommodation is not required or necessary I am in agreement with that again entirely reasonable um any discussion or comments do I have a motion for the waiver I'll make the motion I I motion that we wave uh site plan regulation 4 F3 pedestrian bicycle circulation and safety for the reasons stated above second further discussion Ken howy vote hi Julie yes Nathan hi Jeff hi J votes I he is wait that was a tough one for me it's okay don't want to don't want to give up any all right the next one is I'm only kidding site plan regulations for F3 fre this is for photometrics plan for all outdoor uh out lighting uh so wave uh photometrics plan for an all for all outdoor lighting within the site application site lighting is limited to the wall mounted light fixtures that are mounted to the exterior wall of the proposed building with automatic shut off function wallmounted fixtures shall be dark sky compliant and are only necessary for the parking area of the back of the site I agree again move to approve the site plan regulation for f .3 photometric plans for all letting site plan application section 7.b discussion wait hold on he's got it wrong yes I just caught that too we have an error site plan regulations g g two yes photometric plans accept it as a friendly Amendment we have a second sticking copy and paste any further any further comment or criticism I would like to ask a question please lay it on us um the current site now has trees on the street or not I don't Rec call yes I yes okay thank you that's it got my got my question answer all right thank you any further discussion hearing none Ken hi Julie yes Nathan hi Jeff hi J votes I and I apologize for missing wave that day okay good reason uh this next one is for the storm water regulations Section 2.10b uh wave the requirement for the project to Grant the town of air uh storm water management easement for the on-site storm Water Management Systems the proposed on-site storm water management system shall be under the responsibility of the owner in the property in perpetuity therefore would not require an access easement for the town uh to perform maintenance yes I'm an agreement with that as well sounds logical to me any any comments or questions from the board yes yes sir um presume that just like the property we did on what is it third thir Street yep uh 333 uh wasn't there some ability for the town to inquire or check I think actually we went through a a discussion on making sure that the deed had this responsibility in it CU it's a rare case yeah so with this one this is a storm water management permit that they'll also have as well uh they'll So within that so at the next meeting we'll have the decision with all the conditions similar to 333r Street and those will be laid out there this was one of the ones that we also waved at 333 street because uh so this is only for projects that are going to be like subdivisions that eventually the town will take over exactly yes I get all that but let's say it um sells to another equal business so all of the other approvals go through uh should this would should the have instructions that say that the owner is responsible for uh storm water management um I'm going to ask the question if I may maybe you can answer it they're going to get a storm water permit which requires them to be in compliance on an annual to file compliance on an annual basis so it wouldn't not be necessar be on a deed Rider because the law may change for I see see where you're going there's a mechanism there that was that was the question I was hearing and and I think the difference here with 333 stre those were residential homes which we typically don't see that that's why where we don't typically oh there's a permit because it's a commercial property so this this is where you would you would have to exactly what I driving at thank you he can't get insurance unless he complies it's not our problem can say it that way Nathan thanks all right um I can't even do we have a motion on this yet we did not we did not okay uh I move that we wave through requirement for storm water regulation sex sections 210b of because for the reason stated on the document seconded any further discussion Ken yes Julie yes Nathan hi Jeff yes CH votes I okay good we're done with the waivers yes all right um I think at this point you know open it up to the board to see if there's any follow-up questions that they may have the you know since the last meeting but I think at this point we can have a I can get a decision worked up for the next meeting um get the aware this and I would send it out to uh to the applicant and for them to review get us any comments back and then that way at the next meeting it's we will we already have the waivers voted on we will have all the conditions and we can just go through the you know any of the special conditions for the storm water does that sound reasonable yes Reas well and I just want to just for the record I just want to mention that U because we do have a site walk this coming Saturday Saturday morning um it wasal actually I missed a national good one I'm sorry yes um so we do have the the schedule sidewalk for this Saturday um but I did receive an email from Heather uh the conom agent um earlier this morning regarding uh s sidewalk to review the delineated Wetland line um so I believe we're trying to schedule another um sidewalk between and Matt the um buland scientist to actually go out to review the line if there's any sort of changes with the eliminated line obviously we'll send out a survey crew to get that updated um I don't believe it should affect the um the the plan very much but we'll just update it accordingly and if there is something that's an issue that that'll stand out I'll try to reach out to Danny to kind of carry that conversation forward um the only other thing that's worth mentioning is that I believe um Monday morning we finally received the template for the fire truck turning um oh and now'd that go to be honest I've had a chance to to to build a truck to do a turning analysis on it I just it just we didn't have enough time um okay so that is coming um I believe that uh Paul is more or less um okay with providing a turnaround area um not knowing what the dimension of the the truck will be I think it's reasonable that you know if we need to provide a turnaround for the driveway that comes down it might sticks out a little bit more um as a minor modification to the driveway that comes down u a little bit more increase in prvious area I'm just wondering you know does the board feel that is is that a minor modification enough where we can have it viewed without approval or is it something that we need to kind of discuss um I would say I mean if you could get that to me before the next meeting I can review it I can talk to Matt and the fire department and just make sure they're all set yeah I'll I'll try to get it to you guys um this week uh really um we just had have time it's you gotcha so is there anything left to do with this other than continue the public hearing move to continue I'm sorry oh I do yeah Nathan question yeah please um and this is uh probably Jeff is actually the resident expert for my question and uh you might um you can defer it too or ignore it the question we discussed the difference between um you know this idea of having a caretaker's residence on this on this property and I'm just curious if the uh tax um taxes uh on a property uh are more than the equivalent of a of equal size property and home right do we get is a town going to you know and is the applicant going to pay more taxes because it's a commercial property with this caretaker's residence than it would be if it were um just a residence just a residence only double yeah yeah commercials tax different it's actually industrial I think what industrial you're right you're right yeah okay that's I'm happy to take up outside of this but residential industrial tax very differently at different rates uhhuh and you're going to find it strange that the building probably isn't taxed as high as you think it is but all the stuff in the building is taxed very high so that's how it works okay I mean that's that is um I find that is you know the cost I guess of having a home and business or a resident a caretaking residence and business together any further comment Jee you want to do the honors move to continue the public hearing for zero Scully Road map 33 parel 3 to the September 24th planning board meeting second any further discussion hearing none Ken yes Julie yes Nathan hi Jeff yes chair votes I thank you very much we you know please get the the amendments to the site plans as necessary and Danny will get the decision written up and hopefully this deliv next time thank you very on Sat 8:00 8:00 and you'll let us know if it's changed yes yes yes I have many other ways I'd rather spend the Saturday alone on a site that yes that's the that's the conservation one that you guys so conservation didn't you just say conservation won't be there no no no no so Friday Friday they're going to do a walk with uh the Wetland scientist going to do two then be doing the delineation Saturday conservation is having a site walk that they invited you to can I just ask that it's a text or a call if it's cancelled yeah I'll I'll I will cuz I won't check my I know I'm not I will I'll text you if if if it's canel so I would assum but I would assume that yes it is on because Heather based on what I know Heather and conservation said that it was on thank you okay yeah I didn't could them talk the machine kicked on I know the machine did kick on so I know and we need a motion to open up the public hearing for the proposed zoning amendments right so do you want to read the article yes so let me uh uh let me read into the record the public hearing notice public hearing notices for the proposed zoning bylaw amendments pursuant to massal law section 40a subsection 5 the air planning board will hold a public hearing at 6:15 p.m. on Tuesday September 10th 2024 at the air toown hall One Main Street air Massachusetts for the planning board the vote on recommending the following zoning bylaw amendments to the October 28th 20124 fall meeting to see if the town will vote to approve the revised town of air zoning map showing the addition of the MBTA multif family overlay District or take any other action relative there to to see if the town will vote to approve the amendments to subsection 32 affordable housing a dwelling unit that is Affordable for purchase of rent by a low or moderate income household each affordable housing unit shall be eligible for inclusion the chapter 40b subsidized housing inventory in accordance with the regulations and policies of the executive office of Housing and livable communities in effect on the date of the applicant submission to the planning board afford air affordable housing trust the purpose of the air affordable housing trust the trust is to provide for the creation and preservation of affordable housing and air for the benefit of low and moderate income housing and for the funding of community housing as defined in and in accordance with the provisions of General Law chapter 44b the trust shall be governed by a Board of Trustees the board in accordance with General law section 44 subsection 55c is amended from time to time and the authority granted by town meeting the trust was unanimously approved uh at town at fall town meeting October 26 2020 with funding from the community preservation fund and the respective bylaws unanimously approved during the Springtown meeting on April 26 2021 do I is there something I need to correct here no okay uh the air affordable housing committee will support the air affordable housing trust in the development of review of possible projects and programs to see if the town will vote to approve the addition of a new subsection 30 .3 inclusionary housing or take any other action relative there to the full text of the proposed article can be found on the town of air website at https www. a.m. us planning hyphen board board Pages board proposals hyphen fall hyen Town hyphen meeting hyphen 2024 and paper copies can be obtained at the town clerk's office or at the air planning department in air tow Hall during normal business hours as advertised August 27th 2024 and September 3rd 2024 in the L Sun excuse me Mr chair yes sir I am going to bring up something and hopefully not open a can of worms the official name of the town meeting for the town of a is a special fall Town meetings so I would ask to include the word special okay and it says and the authority get um approved at it says at the fall town meeting it should be that's a that's a definition that was already written okay but I can I can I I don't want to open a canor yeah I don't think it's a can warm bylaw special fall town meeting it's a weird thing but yep that's an easy fix just I just want to I don't want it to get all the way to the finish line and Nathan I mean and and Ken also had had another catch that he he saw in there which I I will fix as well this is why we're here I just don't want to get the Finish Line have somebody at the registry say uh-uh you know okay at the Secretary of State's office okay but what about the um further on it notes that the um respected bylaws were unanimously approved during the Spring Town Meeting I thought it was just called the annual town meeting um you may please check that I'll check on I won't I'm not going to push back on it we refer to them as fall and spring it's this was approved uh by when you guys did the trust so this was already approved this is just language that I took out of your trust and and I just know that it's special fall can cuz it's coming up and why we have this hearing so we can play around with it again yeah so I mean I can I can make those changes if you want but this is what was approved at um at those Town meetings I don't I call it whatever you think is the best name for it whatever I do know that the Fall's called the the special fall time me that's all and and there's a thread on the moderators Mass Moder Association about calling it the right thing yeah CU somebody will have a bad day at the Secretary of State's office and send it back okay yeah so I'll call that special and then I'll look I think you might be right it is I think it's called the annual I think it's called the annual I think it is but I'll I'll I'll double check on that one o I can figure it out in the same way I figured it out oh thank you and I'll fix it on the website too say J it must have wrote it up okay so give us a where are we going tell us how this is going to work yes so we are form we formerly opened the public hearing on this um so I'm going to have I'm going to give the same presentation I gave to the selector board um and then um at that point open it up to the board for discussion and and how the board sees fit okay Danny is this the presentation you'll give at town meeting yes yes so um and so there were some additional comments that uh the select board gave me that um doesn't really have to do with this presentation but have to do with an extra material that they think would be helpful which was the um to to show what what parts of this uh bylaw of the MBTA um fall under site plan have similar stuff to site plan review you know just to show a comparison so people understand that this is still the MBTA um is still going to have a review so that was really the only comment that came out of that all right I I know I've given this presentation several times and most of you guys have all heard about this so but I'll just I'm going to give it again abbreviated just because I've already done this uh multiple times this is up on the website uh this this is readily accessible to anybody and I will also be giving this a town meeting as well um so uh K it does this to us all the time okay so the first section we're going to be discussing is 10.3 which is the new proposed inclusionary housing bylaw um inclusionary housing okay do that ahead of the mod yes yes yep I'm just going to go by how I have it in the slide that's fine um I gave everyone a uh the uh a print out of the inclusionary housing bylaw that has comments from Town Council that I think will be good for us to discuss after my presentation um there really wasn't much that came out of the comments from either of these uh from either of the bylaw reviews from Council um at least there weren't a lot of big comments um but there was uh in the MBTA there was a little bit more all right so 10.3.2 is the applicability uh so the requirement of this section 10.3 shall apply to any residential development or mixed use development in a single structure or multiple structures resulting in a net increase of five or more dwelling units on any parcel or contiguous parcel comprising propose the copy I have has this is 10.33 pability 10.33 yeah mine does too yes so uh this you're right uh this didn't show the revisions that I made after so um this is the definition section is going to be all removed so everything's going to go up one so it's going to go 10.32 10.34 okay so we're supposed to magically know that before we got this hand out I I didn't uh it's just it slipped my mind but that's why I have to be moved to section 2.0 I just want to make the comment that what's novel here and different is that it's any residential development mix use development not just restricted to subd divisions correct this is this is a very sign this is the significant change in this section here is that that correct correct that is correct um and so one of the comments that she did put in here so um on the definitions also will to change in the definition over here so okay um but we'll get to that um so yes so this would trigger on any project that has a net increase of five or more dwelling units um so residential uh or mixed use and any any parcel or contiguous Parcels so if they're owned by you know by the same company same owner uh they will uh it's going to be triggered right here the AO anr is on 2way correct or um another like um so DMG cuz that was on multiple Parcels technically um oh interesting that's right uh so it's it's uh so it's kind of like those kind of scenarios uh the second one is a finding or special department or variance from the zoning board of appeals or or planning board that results in a net increase of five or more dwelling units whether by new construction or by alteration expansion reconstruction or change of existing residential or non-residential structure or space whether on one or more contiguous Parcels comprising of a proposed development site so this would be uh here's an example is the firehouse uh that had a special permit uh for it to go from a um uh existing structure the firehouse to a residential so it's a special permit that's where something would be triggered here for that and they had five units over there which would be a net increase of five because there were no units in there got uh the next one is a division of land including but not limited to the divisions as a result of Mass General law 41 sections 81k to 81g and which is subdivision control law and Mass General Law chapter 41 81p which is a uh approval not requires uh for residential development or mixed use developments that result in an increase of five or more dwelling units on any parcel contiguous Parcels comprised of the proposed development site so this would be triggered on If U shaker Shaker Road that's you know those 9 anr lots that they did there that would be a trigger uh as well as if they did a some sort of a subdivision as well we would have it UNT triggered on there so uh like um curly Circle would be or Panther place just for clarification for the town meeting in the public who may not break down this we basically saying anywh you try to build five or more units in town you're going to start this you're going to it's going to result in inclusion of housing yes section kicking in and and yes and the Excuse excuse me and the piece that may be unclear to people five dwelling units a building with five units in it five individual one unit buildings A 2 unit and a three M building anything that makes up five or more exactly taking away the the big thing we had before which was only the condition where it was ATI family yeah multif family B deal so and that was the I think the biggest issue I saw in the previous bylaw is it's hard to trigger that unless you're doing a DMG style project on that one you know definitively it's going to trigger but if you're doing a project like um multiple uh duplexes or some triplexes it wouldn't trigger because it's not a multi family of five or more right got thank you um Straton Hill so Stratton Hill has applied they're under they've already froze their zoning when they did their subdivision but if you were to think about it as an example it could yes okay but they were approved in 2005 so but they're also um I think there are still providing two they're using 2005 zoning yes no no no they're doing they submitted May down to the over 2023 so that's when they the zone is Frozen for uh exactly well it's frozen I'm not not there tonight it's in place it's in place yeah they don't it's not applicable to them one of the Reas why I think they came forward in 203 okay okay okay um so the requirement which is section 10.33 which is shown as 10.34 on yours um it says that in any development subject to this section .3 at least 10% of the you dwelling units shall be affordable housing fractions of5 or more shall be rounded up to the next whole number interactions less than 0.5 shall be rounded down to the next whole number okay all right uh so methods of providing affordable units uh so on this one it's it's uh 10.35 which is this is going to going to be the correct numbering on this one that you have before you is 10.36 uh so for any development that's subject to this section 10.3 the following shall apply on-site units construction of affordable units on site of this of the project is preferred approach to create affordable housing and shall be required for any development that includes 20 or more dwelling units however on-site affordable units shall not be required in any development that includes 19 or fewer dwelling units on-site affordable rental unit shall be required and bonus units do not count towards this section so basically what this says is uh so for on-site units uh if you have a project that's 20 units or more you'd be required to provide the affordable units on site if you have less than so if you have 19 or fewer you're not required to do to provide them on site the caveat to this is if they're rental units so if they're rental units you will be required to provide them on site um and so see yep sorry I think I might have brought this up before yes I but y you want to keep no no we have to we have to it's the public so on-site affordable rental unit shall be required yep so this is where I mentioned before that I thought it should say required on site not required yes you think it should just stay required no I I I agree with you on site oh well then we have to add the word on site but it says it at the beginning of the yeah it doesn't really it talks about on-site units this is under the on-site units onsite units period preferred approach forly on it shall be required for any development that includes 20 M units however onsite affordable unit shall not be required but if it's less than 19 it's still and apartments it's still required on site is that so on-site affordable rental units shall be required so on site it's right there let say you build 15 on site what in the rental units in the rental units you're required they're required to be on site yeah cuz they're rental units and we we we really want the rental units to be a part of it if they were not if they were market rate trying to just figure if the if people understand that language or something well that's what I think like having the onite yeah sorry Dan you that I was just going to say so the onsite affordable rental units I think that kind of okay got it do you want Ken am I hearing I thought I heard it as the word on site multiple times but I'm wondering are you asking should it say on-site affordable I'm sorry onsite affordable rental units of any number no I I think I wanted reform rental units shall be required on site I think he wants the onsite twice that's what I thought I heard the I think I want actually maybe I just want the onsite at the end now that I see again okay maybe it should be affordable rental units shall be required on site yes cuz on site of rent AFF sounds like a weird the English language doesn't lend itself properly any number bylaws doesn't well if you build it I guess what any number of affordable rental units shall be required to have on site projects projects okay okay so developments developments with they go think about how long it took developments with any number of affordable rental units shall be required on site no no don't need the development part just Daniel fingers I'm I'm going to put the development part just to be any development with rental units shall be required on site I I would be surprised if we had somebody who would fight that but you know hey well if we're going to be this specific we might as well be Ken's specialty just didn't seem clear when I read that St remember there are 3,000 pages of regulations in Boston right now for toning I'm only here for [Music] it really okay so what I have instead of the sentence we have of on-site affordable rental unit shall be required it it'll say any development with rental units the affordable units shall be required on site there you go so any number of rental units so even if you have like a a complex where like two are rental units and eight are sold that is a great question because now you're in better question it still applies a weird sort of a scenario still makes sense yeah you got 10 units you got to put some rentals in there they got to be on site well so this where this is where so that occasion I don't think you can do that under the state law because then you're basically saying the two affordable units are going to be the rental no right no you can you can decide if you're going to have 10 units and look exactly the same you sell eight of them rent two of them I think how do you condo that yeah I don't know how condos yeah I don't know how you you can call two of them as a condo but but the owners and rent them but they're not rent but they're condo units they're condo units yeah so they're for sale units yeah that's right because somebody has they may they may be affordable units in other words they go into a managed by a Housing Trust and they you can't sell them for a profit they keep selling yeah so I I don't know if I've ever run into a situation in which you know some of them are rental some of them like when they initially go into the project when they where some are rental some are if I I managed two projects that had a majority of the units I can't remember the numbers they were six story high buildings were residential but they fronted onto commercial streets and each one of the buildings had four four rent commercial units on the first floor they were not sold as condos they were owned by the Association and they were seen as a source of income but they were commercial rental not residential rental I don't know my experience isn't go far to know if that ever existed I've never seen that's a it's a real hybrid one is is Tide Water rental in Tisbury Tide Water no I believe it's owner it's market rate it's all owner yeah I don't believe it's rental the owners might rent them you're talking yeah cuz tide water on it's that's a big development 26 units that are that are affordable in that there's 26 that are affordable yeah I don't I I think they're all market rate cuz I don't believe they're all condos okay yeah they're all condos like for sale we may not run into that circumstance yeah I don't I'm trying to think of an occasion which like as a developer why you would do that yeah cuz I used have to collect rents I hated that part yeah cuz most most developers I mean in my op but that is a great question like I I don't know if I can I but like I'm Wonder it's a difficult one you know I don't know how to how you could address that I'm willing to bet the Legal Eagles who know this we know it right off the top the head allowed or not allowed for this reason if it that's a great question comes in at whatever the number is 10% um so you've got 10 units which you're going to so one of them is going to be affordable one has to be affordable but this is where so it would have to be the market rate right so it would have to be affordable as a sale unit under the state guidelines for buying it right whatever that number is yeah cuz you'd have to do the lottery doesn't NE necessarily have to be a rental unit sale under but I guess the yeah cuz I don't think a developer would do that and make the rental as a as the um as the affordable because then you're getting into the state law of well because it's the rental and all the rest are market rate you're designating it almost like this is the the affordable unit and you can't you can't um do that and and in many associations people don't know yes corre whichs are affordable so I think fig out I think our our the way ours is written that the new proposed sentence will will work um better I think Ken did bring it up at the last time but and but I think I felt like we should do that here okay um so the planning board and or the zoning board of appeals as applicable May approve one of the more of one or both of the following methods alone or in combination and no avention the total number of units provided through such methods be less than the number of affordable housing units required under Section uh 320-1343 [Music] that I gave you uh Town Council did have a couple comments where it talks about she says uh will this will this ever apply to the zoning board and where is there an indication that the zoning board would be the permit granting Authority the zoning board would so yes um I'm having trouble finding an actual occasion in which the zoning board of appeals would be the permit granting Authority because this project would any project would still technically have to come back to planning board for site plan review the only occasion I can see the zoning board being the permit granting Authority in in in essence is if they provide is the special permit to allow a uh structure that's not residential being transformed into a residential structure because that goes goes before the the zoning board as a as a special permit it should change the use and they get a variance yeah yeah so it's a well it's a it's a special permit special perit so that's the one occasion where I could see the zoning board saying oh you trigger uh you know you trigger the inclusion Area Housing bylaw you have to go I mean you still have to apply you still have to do the affordable units but technically there still coming to us for S PL review so I'm I think this might be an occasion so where I think we might be able to just delete the zoning board of appeals in in in this section in these sections except for in the applicability section so that's what she's recommending pretty much it's not necessarily what she's recommending it's it's a question yeah if I may I believe this stems from this this comes out of many towns use the zoning board of appeals as the first stop for people to do affordable housing yes the zoning board of appeals says much greater latitude in what they can do and they became The Gatekeepers for allow it or not allow it yeah and there's still 17 communities in Massachusetts that they all in that category and so I think that's probably where what they saw is remove the zoning board of appeals from approving of the use of a proper affordable versus not a not changing use from commercial to residential but what's the residential use going to be oh we'll stop it here I believe that's what's been going on yeah so I think I think to clean this up the best would be to remove the Zoning Board of appeal section references in here except for in the applicability for right here where we're talking about the finding this a special a finding a special permit or variance okay that's this kind of gets it going over here and applicability is what you're saying doesn't need to be in the rest of the document so and a so a change of use for a property would still have to go to zva mhm and whether they did or not that's outside of our perview well a change of views depending on if it's a special permit from them or if they're coming to us as a site plan review change of use cuz there's two different typ I understand but the one that stops at zba yes they're still going to be the per that's but we understand that yeah thank you and that's why I think that's going to be the best way to clarify this all right I just have one more follow up to Jonathan's question which was regarding 320 1034 is it now 1033 um yes yeah you're right so on the when I have this all updated when I update it on that section it's also updated in mind and I'll be here so that will say 10.3 33.33 okay so what do you know I got one right so I'm going to have to have like a final revision for for this on this okay cuz that also and then the final revision will also go to Town Council addressing her final comments that whatever the board you know figures out for for these comments all right um so these are the two different so you could either do one of these or a combination so a housing contribution payment to the air affordable housing trust determined in accordance with Section 320 10.37 or any development with at least five or more five but not more than 19 dwelling units so this is going to reference the payment and L chart that will be on the next slide that is uh uh Within the bylaw may may I ask excuse me to interrupt you it's going become six right for any development with at least five but not more than 19 dwelling units not including bonus un the Dig correct so that's clear I think so if they come to us osrd yep they give us the space we want we give them five bonus units they still only have to give us 10% of the original 19 yeah so bonus units do not count towards this I just want to reiterate that now we we got off the trail that's 10.3.6 by the way yes um Kath sorry yeah can I ask a question about 103.7 yeah okay so I was a little bit confused by the wording of C2 I guess which is the process for the payments um because when it says it shall be divided by the total number of market rate units so my understanding um just like a hypothetical and you can check if I'm understanding this correctly is so say you have a development that is going to do two payments in L yep um and they have a number of houses that are being sold so uh sorry just I don't want to interrupt you but so the way it would work is if you have if you're going to do let's use this as an example if you're going to do 15 units mhm if you choose not to do the onsite mhm then you're going to do a payment and Li for every market rate unit okay that's fine so then the the if if you're going to do a payment and L for every uh unit the the payment in Li is set at the the closing of every right so it's not set prior so like some of those may sell for $5.99 that's in one bracket they sell for 605 that's now in another bracket okay yes so when you're saying the total amount shall be divided by the total number of market rate unit the total amount refers to like the gross payment in L as opposed to these prices in the table Yeah Yeah so the total amount is the gross payment in L the total amount of how much you're paying off of each market rate unit that's the total amount that that you're referencing in there I think being between the lines since she's a mathematician we won't based on your thesis we will not have that total amount at the beginning therefore we can't divide it by the total number of units unless we negotiate at the beginning you're right you're right you're correct so so maybe we do need to reware that because this is what like when you keep referring to this total amount due that is not known until the literal last y until the closing unit is sold y you paid on release so maybe so we should look at that now so okay so the total amount due shall be paid upon the release of any Lots or in the case so maybe I need to be more specific on that section so the payment in Li due for that unit I've got a potential solution a Lo looked at this before okay see what everybody thinks of this so couldn't we anticipate this by saying the total amount du for for the project will be negotiated with the planning board before the start of the project then you based on the T so if you tell us Market yeah that's exactly what you miss you miss out on the market oh no you don't you don't want them to tell us what they're going to sell at there's two things I don't want to sit here and decide yay or n about whether I think that's the price this house will sell at and they changed things I meanes P Hill didn't go in like it's going to change the whole value of the unit based on how they actually build I mean you show me all the time they don't always build what they that's why I think it's going to change that's why I think it might be an impossible task to do what this says yes so that's why easier to just come up with a number that we agree on they're 500 Grand a unit there's 15 units that's the number and then you divide it out pay us as you go I think I think the way it doesn't escalate of course no I think the way the best way to do it in my opinion is you know the way it works Is We I need to clean this up and and say that the payment in lie is due for each market rate unit is due at the closing of that market rate unit St that's the end of the story and it cleans it all that goes out and sells at yes CU if you based on the closing is that what you're saying yeah it's based on the closing if you recall that's the fairest West Main Street there were two sticking items size of unit and they didn't want to discuss what their finances were with us which is okay you don't want they don't want to so we end up in a negotiation with somebody who doesn't want to give us the cards I like well that's way at closing fre each I think that's a great catch and I think that's at at the closing of the unit we can we can assume we'll get some money we can figure out what we're going to get but Market may go up Market may go down or the market May demand a totally different type of unit and they may change the way they're building and it changes the value it's the faest it's out of control and that's the so that's what basically the first one is and when the so the second one is the one that Kathleen says doesn't really work which I now that I think about it I agree with you and you and Ken both I I agree that number two does not work so it's number one would be so to the total amount I can change that to say uh the payment in Li shall be uh shall be due uh due shall be paid upon the release of any Lots or lot in the case of the development other than a subdivision upon the issuance of the first building permit we can get rid of that and say um upon the closing of the unit yeah yeah each closing of each individual unit yeah want individual ofing so okay so theing of Pap honey thing is tricky um would you please use um when each unit goes to record When what when get record once it gets recorded recorded please closing includes lots of things guys when goes to record huh what if the developer incentivizes the closing by paying closing costs and stuff like that then fools around with the number small amount of money what going to happen small amount of money what if I what if I give you $25,000 bonus to buy it so that your price go it's still going to have a sale price at the closing it's going to have a number we have to get to the number it's going to have is he is he is he going to give away 25 Grand to save $2,000 on his payment in L probably not so the payment in Li shall be paid upon the in this market nobody's giving away money at closings how about the transfer to De yeah regarding a transfer D yeah we just scratch number two right yeah we're scratching number two but we I need to I need to rewrite one um so the payment and loose shall be paid upon the release of any Lots or in the case of a development other than a subdivision upon the closing recording the DED or the be one I me subdivision or not it's a it's unit by unit exactly doesn't have to be a subdivision it could be a a an outlot thing MH could be in multi multi unit building bu condos It's Tricky yeah the total amount to should be paid upon the unit dwelling unit you got have dwelling unit in there it's not s a lot right so the payment and lose shall be paid upon the release of any unless you want two of them and the first one just applies to lots and the second one applies to the build no you can't do it on a lot because there's no house on a lot no there's no value there and if there a condo there's no lot value it's all it's all in the building so the payment of L shall be paid upon the recording of the transaction according to the transaction for the dwelling unit cuz we're talking about dwelling units right yeah for the dwelling unit is important because some applicants come to us to get a an approval for a site PL and then they sell that and that deed would get recorded right y right but ding talking about there's no there's no payment in L it wouldn't it wouldn't trigger a payment in L on the recording of the dwelling unit sorry no no no this is good that know this has to be right so yeah this has to be right have do so the payment and L shall be paid upon the recording of the dwelling unit according of the sale of the dwelling according of the sale based on the closing price of of the dwelling something like that yeah I we say closing but it's the actual physical recording of the date yeah transfer transfer transfer key word there because it's when so recording of the sale of the transfer no recording of the transfer of the deed recording of the transfer of the deed recording of so if a guy Builds an apartment building never deed doesn't have to transfer the deed for each unit he's going to own the whole building but if it's all rental we're covered by under rental units no no I think what he's saying what if it's an apartment building like yourself I mean it's in a it's a I love BL DMG and they're selling the units market rate well that that gets recorded un that's a that's a transfer okay but if they if it's rental okay so the rentals are going to give us the unit they're automatically giving us the rental unit if it's under 20 it's only the it's only optional don't R for rental units if you have more if you have you have more more than five units you have you have to buy them onite okay so that takes care of that so this is primarily for single family homes two family homes condo six CER building something like that you know Tri a couple triplexes un by unit yeah but not go off okay so number two we scratch and then I don't think we need three then now did did we skip over so yeah we did yeah we did I just kind of jumped ahead I just want to make sure we just started talking about that so I figured let's let's just get rid let's get that done think we're on this ends up being 1036 right this section yeah so offsite units offsite units or comparable units on on another site in air offsite units need to be located in the same district need not be located in the same district as the development the approved location of the offsite affordable housing units shall be identified in the applicable board's decision preservation of existing dwelling units for affordable housing may be accomplished by purchasing deed restrictions and providing funds for Capital Improvements to create housing with equal or greater value of new as new construction units this is in there it's a rare rare rare occasion in which you'll see this and there's the affordable housing and the planning board will be working you know in tandem together on this um you don't really see offsite units very often I i' I've never done them before I know Alicia has had an occasion in which for the um the molten project up in gron they did one on westf road yep nine units up there so they did it on a separate piece of land it's rare that you see those but um there is in the occasion and but that's that's not something that that's something that the board would discuss with the applicant and then you'd get input from the affordable housing and all that yep so uh housing contribution payments in Li for of onsite units that's what we just did yes but I I'm just going to go through the actual chart now you don't have to do the language approval amount uh so I didn't um put that on there but fine a reason but uh we can if you would like to go through it cuz it's basically the same uh as the applicability okay uh so um okay and yeah so the the the next section underneath that which is B the amount which just tells you where um each you know the amounts you'd be paying so for $400,000 or less it's $10,000 uh flat fee 401 to 600,000 it's 2.5% sale price if it's uh 601 to 800,000 is 3% sale price 801 more and um it's 3.5% of the sale price and I have some breakdowns of you know what the estimated cost would be at you know even numbers okay and then you're going to show us whatever the rewriting of that method of payment ends up being y exactly um so the density bonus um so to the planning board or the zoning board of appeals as applicable May Grant the special permit to adjust the requirements for Section 10.3 as follows to award the density bonus for the development that includes more than a minimum number of affordable units required under Section 10.33 if the affordable units are provided onsite for each additional affordable unit over and above the minimum the board May approve three additional market rate units up to a maximum density bonus of 75% for example uh for a development with 10 housing units compliance with this section 10.3 would require one affordable unit the applicant will who agrees to provide two more affordable units onsite May request an additional six market rate units uh three per additional affordable unit bringing the total development to 18 units okay so it's 3.3 not 3.4 right the applicant waves the payment in lie if he chooses to provide the additional affordable units to receive the density bonus so if you have a development of 10 so if you have a development of 10 units you're Pro you you have to provide by one um if you choose to give additional units for each additional unit you get three you can get up to three market rate unit so this one says two again it's a typo or something so the handout says um the example for development with 10 compliance with 103 would require two affordable unit that's that's a type one AFF yep One require one nice catch no on there it's on down here it's because that's old math the two yeah this what we're working on here is this going to be a hand off a town meeting this this this pie yeah so this will be a um the final version will be this has to be on the money yeah that's exactly so that's that's kind of like what we're doing here and then full it's the full text to appear in the warrant and it's going to get mailed to every family every household in town two weeks before but you're going to take whatever he somebody's going to take whatever he gives you and you can also pick up a warrant on the way in yeah okay so now let's see what we got so exity bonus is on site mhm even if they own like two non-continuous Parcels two yeah so the way it would work is typically the way density bonuses work is developers have already met with myself Alicia um they've already come in to discuss the project and and say well we can fit this many units this is what we can do um typically they've already built it in to their uh their development so it's more of a they're asking for those additional units they're stating that oh you know we have these units these are the affordable units these are the additional affordable units these would be the additional market rate units so the development's already kind of drawn out yeah okay so the original deal has the original deal has 11 units 10 units plus the one are 10 10 I'm sorry what was that 10 original deal say example forign development of 10 units yep compliance with the section will require one so still only a total of 10 yes n one of those and nine are AR rate yep and the gentleman's or lady says we're going to give you we'd like to put in two more that get you to 12 yep that's going to be we'll give you six more which get you to the 18 y okay parentheses okay three per additional formal unit Yep this um wait a minute wait wait who who I'm I'm confused so wouldn't be well if you have 10 one of them has to be well if they said to give us two more wouldn't it be two of the 10 so three of the 10 would now they would add to the pro and then they get another six for 18 they could be one they could add one get three yeah they don't have to add two you're just using two just an example right so if you had one so like if they just add one they're getting an additional three years so then you'd end up with 14 14 but that's not necessarily how it reads I think Jonathan is right about how the reading yeah thank you I am concerned about that do say that again what well jenet we I mean I mean Alicia I'm sorry so if you read it how does it can you read it again because it says if they give you two more affordable that doesn't mean two more bonus affordable two more bonus units two more affordable right so read you have to read the sentence before that so for each additional affordable unit over and above the minimum the board May approve three additional market rate units to a maximum density bonus of some about the minimum of the 10 units of the one unit no the one unit 10 one for 10 yes right but of the 10 units over and above they owe us one but they give us two more yeah is that the 10 units that's a real question it's not well it's not clear in there I guess another way of saying that is they have 18 units how many are affordable yeah so maybe just making it clear so okay so bringing the total development to 18 units and then show the breakdown parentheses affordable 15 Mark and then Nathan had his hand up and may I point out in the underlined section second sentence four words from the back the right the board May approve read additional it's optional it's always made so it's not a slam dunk right it's always made yeah yeah yeah it gives us permission to approve up to three development 10 so 10 n or market rate sure it's not 10 and plus one is makes the affordable what no so it's you have a lot you're only getting nine Market in one of four correct period yeah 10% that's it it's one than 10% I think no it's not if you have 10 10% of 10 is take one away from 10 and divide the Rest by nine the math comes out different well no but that doesn't that's not that's not that's not how you do math but let's say that's not how you do math 15 units where are the I have a degree I have a degree if we had 15 units right would be at to produce two not one exactly .5 rounds up so that would be two required so that would be 13 market rate two AFF affordable if they wanted to add more affordable etc etc I just want to be clear everyone understands it's three for each affordable they add after that so if they add three affordables they can get up to nine more okay so we have 18 27 total units of which more than 10% are myself and Alicia are going to be meeting with these people prior to them coming anywhere near okay Nathan has a question or a comment I mean this this is the most significant section why I think this bylaw is not ready for um approval yet and that's because you can do the math but the physics uh I'm I'm I don't know how the physics work right so you have and let's jump everything up by 10 so it's like the DMG application you have an applicant who has a property and they're going to put in rental units right it can fit 100 units uh then they have to do but 10 of them have to be affordable well now we jump 20 more and then we give them 60 on addition to that right so you're at 180 you're you're just like what DMG had but you just increased a property that fit 100 unit by 80 units plus the parking right so how how physically I can answer that I can answer that may I sure because they'll have that in the initial site plan they will show they have to show the plan that fits all the units as as they calculate but then they come to us and they justify that number yes that's how it happens Nathan so they initially when they come to us with the S plan they're drawing already in anticipates 180 the calculations for affordable the calculations for bonus that they want and then they have to justify to us their numbers referencing the law correct and and the and that's how so that's how developers do it basically they're going to grab a they're going to have their property they're going to read the bylaw their Engineers are going to read the bylaws and they're going to they'll arue together based on what the bylaw St but but okay but they'll but in this case they would have to that 180 will have to be at 750 square F feet no our we have we allow them to not have to be that that's over Chang that in the spring we we that's a carry that was carried over into this byw as well did that in the spring yeah um so they can Flex that down mhm okay so let me so it's still I mean the parking is still it's site plan is going to require much of the whole review anyway yeah yeah but parking will be an unknown parking is done as part of site plan review but they they you know they may if they don't go with the original but the original laws at stance say which is like a unit for bedroom they'll have to well it depends on whatever Zone they're in cuz we have I mean form based code is one per but not in the other zones yeah you good I don't want to but in yeah I I again I think that the Old Law one of the things the Old Law said which we came up a lot with the DMG application was the term dimensional requirements right that shouldn't apply anymore because we covered that with the spring changes right I'm I'm sorry say that again the dimensional requirements right so there's no longer a need for the applicant to pursue dimensional requirement changes I I don't agree with that statement uh depend dimensional reim anything yeah it depends on what it depends on the and where they are if they're in the form based code it's prescriptive so they have to comply they have to comply if they're outside of that they have to meet the dimensional regulations if this was in an osrd there would be a lot more flexibility for them yeah yeah yeah so if it's an osrd like let's say the fields project that may you know that one like there yeah there's a lot of flexibility with that because of the osrd application and that gives the planning board the authority to have flexibility so this bylaw doesn't give the board flexibility on dimensional regulations any of that stuff only yeah no setbacks none of that this only deals with inclusionary housing and how it's applied to the project they still have to meet all the other that's right they have to meet underlying Zoning for that piece of land everything else it's in any regulation so that limits the number of things bonuses they can ask for depending on the dimensions of the parcels they're working with etc etc etc so this is what keeps people like Lim unemployed right figuring this working it out I don't want to cut John nathanc at the very beginning you've listed the zoning board again yeah so this is one section that we would also strike them out we going to take that out yeah so what we're talking about here is the B density bonuses always end up as a special permit requirement they're always according to what you said here applicable May Grant a special permit it's it's a special permit requirement to get the density bonuses period yes which is going to require the discussion that you're looking for because it's a May situation a special permit yes so it's not a given that they're going to get theity B it's limited by the special permit exactly and that c application process and review so forth yes they would be submitting for a special permit for the density boxs okay so I mean the planning board I mean that's so the zoning board section will be and remember it's not US versus them guys it's a permitted use with a special permit to go with it right okay that's good I mean remember they would still handle like chapter 4 oh yeah you know they still handle that type of affordable housing and they'll struggle less about this language than we I only so she wrote the same thing about the exactly guessed okay and what about the the the uh reference to 10.34 is that yeah it's going to be 10.3 you got it yep okay yeah so I'm going to go through so I'm going to go through a full revision of this full review send it back to Town Council to make sure she's AET with any of the comments and then I so B and so I think based on how this is we won't be voting on this tonight it'll be at for the next meeting I think I got a problem with the the sentence at the end there which says they applicant to agree shouldn't it be the applicant that applies for cuz it's an application for a special permit second to last starts okay the applicant AG so the applicant who applies for the applicant who applies for a special permit under this SE should say you I I I that so um if you thinking I'm sorry Jeff just one thing before I get to you will we make the timing if we don't vote on this tonight yes yes yes is the 27th we have a meeting on the 24th okay want make sure the time because we also have Shaker um Ro as a street acceptance so that has to also be done prior to okay thank you may I make a suggestion on the language the applicant who provides two more no but he's going to apply for it first okay under this what I'm saying who app the applican who applies for the special permit under the section yep yep what was the church is there is there a density bonus if I have a lot that fits 180 units why would I go through this exercise you don't have to yeah I'm it's a it's a built-in mechanism it is it is Affordable cuz like basically what you're and now that I can go down to 500 ft Studios well why would I why would have to still it gives no the planning board has the authority to allow him to go under under what under the 750 that's how we wrote that bylaw uh that change okay so this does imply that dimensional requirements are what the plane board has access to I don't understand they still have to do 10% yeah right it's my my understanding is that this is more of a count than a size yeah right count still has to fit yeah it's a math problem it's a word math problem and I still argue that when it says if they so your math problem if you were looking at it as a old math problem you'd be looking at it as oh no so I I agree with you that's why I'm going to show a breakdown 15 market rate versus three affordable but but if they give one affordable in their 10% that they require y of the 10 so nine are market rate one affordable if they give us two more affordable why is that still not of the 10 because they're additional over it you mean to put that word in there see but I understand what saying yeah I do saying but see you're saying it's within the 10 that's what I that's what I my beyond the 10 it's beyond the 10 because then you're you're requiring them to do way more than 10% ah right you can't do that you can't and we're not doing that how we got in trouble with the NBT evolutionaries we requireed two in 10 get two additional units and and that's yep that's what we're going to do now I know cool that was good EXC I would I would just encourage everybody to do the homework cuz if you can fit again if you can fit 180 units yeah into a lot and let's say I'm going to do condos I'm just going to sell it all off as condos and I'm going to do payment well I can't do payment 18 so let's go back down to 18 I have a lot that fits 18 and I'm going to just do payment in yep I have a lot that fits 18 and you can just do the payment in you just do the same sure but why would I why would I ask why would I go through this exercise to get density when I already have the density you don't have to go through it it's to save the money it's a it's a special permit it's built into the process you you they're going to come to me you may never get anybody that does it so excuse me for 10 let me if let me ask question so the supposition is I've got a lot I can build 180 units on yeah 10% have to be easy numbers 18 have to be affordable okay I've got a lot over there I can put 18 units on that's what you're saying so I can build 180 and 18 affordables right so what you're saying is you get the bonus of you get to sell 180 market rate units and provide 18 offsite no that's a little okay more no I think so Nathan are you saying that basically he doesn't we need it period yeah no no he doesn't think that we need it and that's I don't think we need it because you you have you can fit him right yes but remember you have to take into account so let's say your your example 180 units they're providing 18 mhm they have to provide more to get additional or what more affordable unit exactly to get to get get the to get to 180 no no no to get the density bonus if they want to get 10% of 180 is 18 so they they've met it they don't need density bonus cuz they're not requesting it but if they think that they can get but if they think they can get more units then they can no I'm saying your lot fits 180 that's it okay and they they provide 10% this doesn't apply to them yeah yeah they just provide the 10% if if they provide 20 units myot only fits 100 units right now I have to do 10 units affordable and I want to DSE it out even more I can't DSE it out anymore because right they don't right I just think I just think that this is that's right irrelevant I mean there there's occasions where it doesn't apply but there are there's definitely going to be occasions where it does apply yeah I just I don't see them yeah the other thing is I think it's keep in mind so I can I can show you we have to keep in mind that we're not just talking about multif family so if this were to apply to an osrd with some creative site planning you might be able to use the the osrd the osrd releases all that might be able to figure out a way to dimensional setbacks the the frontages they all get released and that's where this would definitely work yeah okay so this okay so so I think we're agreement that if you're in a large apartment complex this doesn't make it's not well let's do DMG so you've got to write this so that if they go and get a fourth floor that's increasing their Base number that they in within the zoning that was allowed so that might so if they go so it would still be it would still be 10% of their total number I still want to we still get 10% we're still getting 10% of that I I understand but this is like instead getting a so when they go beyond the base zoning how do you trigger this so then it have to apply for it these they have to supply for special permit never apply no no no hold on we don't have a density requirement we don't we don't zoning our zoning does not have a density requirement that's why this works so this one will it will not trigger very often we mostly get 10% yeah most people aren't going to choose this most people are going to choose the payment and L and just and not have and not to do it or they're just going to if they have 25 units they're just going to provide the 10% and they're fine wasn't the main I've only seen this one trigger in Salsbury twice that's just one last comment wasn't one of the main thrusts behind this bonus that if a developer thought he was this had to do a little bit with some comments think that Nathan made was if a developer thought he was going to lose money because he had to supply the affordable Yeah by giving him a bonus on the extra affordables he might break even by getting money for the affordable rate units excuse me market rate units to cover his losses in the affordable units that was part of the concept I think TR velop entice a way that we could get that extra unit affable unit by saying look you'll probably get your your money back on the three market rate unit correct that was kind of the concept it was a little bit working group I think we're talking yeah it's a little bit of an incentive to try to get more affordable units on site because we're going to give them the offset by giving them three market rate units so it kind of sof it softens the below but it doesn't necessarily mean it's going to be triggered but but only in the context of singles two families and multis in in an osrd could be any we don't know we don't know what the land we don't know I mean a developer can find a I can't think of every um scenario but developers will will figure it out the setbacks are defined the the build the lock coverage is defined and A1 A2 it's defined yes right but there's a process you know when we go through the process they can also apply for variances for that's like Alicia's example I get get I get a four store that's now defined right I still don't want to go for the bonus they don't need the bonuses they'll just take have to they can but they don't have to it's not a requirement there's but there but there are going to be occasions where respect I just it's in there though so my so what we're saying is we're not going to vote on this tonight no because we're going to look at the finished revised proof R revisions and then we'll vote Yes and but we're going to have to do at the next meeting yes oh yes and then we have a okay so the next section is section 2.0 which is the definition yes k sorry I I have been thinking about what has Nathan has been saying and I guess my question to you Danny is would you be able to come back with an example of the density bonus in an osrd scenario specifically I can give you one right now okay yeah so uh the field project right now um we've been in talks with them about they want to do I forget exactly how many units it's like between 50 and 55 units um they're not so sorry just to pause there if they want to do between 50 and 55 units they they're looking at about 5ish yep affordable yes 5ish yeah so if um their lot and based on their lot they're they have a huge huge lot but a lot of it it's going to be open space and they're not going to they're not taking full advantage of the size of the lot okay they are cuz they could probably based on the calculations they could probably get almost 100 units okay so the 50 55 is what they want to do build would be 100 so and then in this occasion is where this could trigger where we could give them they give us say if they say five units is the 10% if they give us seven units total affordable units they would get six more market rate units right okay hang on sorry um so let's say they build the 50 units at their base y five of those are affordable yep you're saying they tack on two more affordable which Nets out six more market rate yes and so then we're looking at 56 + 7 so you're looking at um about 63 depending on what the number we we use yes and if they at 63 total units had just done the 10% at that point they would have had to give you six units so net out one unit yeah okay so that's an example where that works cuz like to to Nathan's point when I was thinking about affordable units on in like an apartment complex like if you have 18 affordable units that comes from 180 standard one the other way to get to 18 affordable units is to build 150 10% of that is 15 tack on three now you have 18 but now you have 162 market rate which you would never do because you would do the 180 cuz you'd make more money off exactly y yeah okay so this is why this this specific one does not really work for apartment buildings and what is it about the this scenario that that works and it doesn't work in the apartment cuz the apartment building you're L you're building on floors and they're within a defined square box whereas the whole parking oh well the parking is but parking is will come into account characterize like why it works in in this scen and not in the my own because an apartment T typically in apartment building you're building on land that means you can't build a lot of unit so you're building vertically whereas in in an occasion where you can build you know horizontally there's a lot more room that's where those occasions will trigger it's it doesn't work vertically because you're building vertically and there's really nowhere else to go and you're already accounting for whatever your building height is choose to bu less than the land developed correct is another contingent which is why yeah exactly which is why typically you won't see this right okay there are developers like the one we're dealing with who will choose to do to develop less than what they can because actually for whatever reasons they want to we have Straton Hill as an example of that if Strat Hill did the math correctly for an osrd they could trouble the size of that there are developers that do build like that but then there's also developers that are maximize as much as they can and then when you get to an apartment if I may when you get to an apartment building complex rarely do you get 180 unit building in this part of the world yeah you get 10 bu you get five building I think it's time okay if you I I think because of the height can I just get the confirmation so you're saying it it's the condition that this triggers is a developer is in a land scenario where they are not doing the full build correct okay so that's when we think this comes into and they exist they exist yeah I'm not doubting it I'm just trying to understand yep where's the fields property Jonathan's really good at reframing but I hear you in my head and I could be wrong but we've just spent an enormous amount of time on a piece that we acknowledge is what I'm hearing is we acknowledge that it is a rarely used but it's an option and it could be beneficial to have which is why it's called a bonus and at the end M but the majority of the document that we've just discussed has many applications and will be hopefully and it seems to be to me beneficial to both the Builder and our town yes so I just want to right we should be refocused on the major I mean not that we shouldn't focus on every piece like we we Wordsmith everything to death but this is a small piece of the bigger P right we cannot address every hypothetical scenario that occur because in the time it's impossible okay uh so the next section is section 2.0 definitions we've uh Jonathan did read this into um as part of the uh public notice but so I'm not going to reread them but basically what we're doing is for affordable housing we are going to be striking Mass Department of Housing and Community Development and Reiner the executive office of Housing and livable communities and then we're adding in a whole new definition for air affordable housing trusts and we'll make those changes that uh uh Ken and Jeff I believe it's annual and special yeah I am so grateful that I do not have to read the definition of an adult bookstore into the record wow that is some reading okay oh yes that is that is but you uh okay and the purpose of the air affordable housing trust definition is to Define what the heck that is yes fantastic correct CU it's referred to so many times it's referred to and it has to be defined yeah okay okay great so that's that's its own um proposal uh the next one is the MBTA overlay District uh so you everyone should have a document uh with um the MBT overlay district from um uh with Town council's comments uh this is a bylaw that uh myself the previous uh economic and Community Development director we're working on as well as Le Ken and uh Jonathan um we I mean Charlie has seen this but he was he was not really a part of it uh so this is basically what we're going to be doing here is uh the purposes of the MBT overlay district is to provide for multif Family Housing Development or mixed use development in accordance with uh Master General Law chapter 48 section 3A and the compliance guidelines for the multifam zoning District under Section 3A of the zoning act uh the guidelines issued by the executive office of Housing and livable communities uh so basically what we need to do since we are an mdta Community we have a train stop uh we need to provide for um uh an air an MBTA overlay District or a zone that meets the compliance for the under the section 3A of the zoning act we did receive interum compliance in um uh March of 23 20 23 yes it was before I came uh the town did receive internal compliance meaning that the action plan was submitted and that uh all of our zones did meet the requirements from there there were some uh additional tweaks to the law uh that came out like uh the requirement for you can't require special permits um and it has its own type of development review um so the applicability uh so development of land within the mod may be undertaken subject to the requirements of section 8.7 or by complying with all the applicable requirements of the underly district developments proceeding under this section 8.7 shall be governed solely by the provisions herein and the standards or procedures of the underlying District shall not apply if I may the a key key sentence here development of land within the M mod may be undertaken subject to requirements of this section or key word here is or by complying with all the applicable requirements of the underlying District this is important because it was I was confused about oh my they're going to have to apply under this or apply other one and that determines what the which rules apply so that's exactly correct and that may help you when you're thinking about this because it get confusing because you imagine the map in your head and you go there's a line then there's another line and then there's a third I mean it goes on and on and yeah so the best way to explain it is you have your under District which has the requirements of the form based code above that hanging over it will be the overlay District which is its own different type of application so you can choose which one you want to apply for really the motivation behind this is that we're required to do this yes yes yes there's been a decision at a higher level made to do it as an overlay yes rather than to change the whole the language of the farm based code district yes that's kind of important and and the reasoning behind that is because of the the requirement that you cannot have special permits required that is like one of the the the biggest yeah you can't have problems because all of our zones have special permit requirements so the great the great secret here is that if you you can do either one you could you could you could come to the planning board under form based code yep but why would you because it's so much easier to come under mod okay yes so the mod is an easier process in the sense of you're still going to have a s a basic it's basically going to have a site plan review but it's not called site plan review it's called the mod development plan approval okay and one more clarifying if if you come in for the mod in inform based code yep you you do have to have a form based code application right what do you mean by a form based code application mean it has to it has to if you come in under mod do you have to comply with the 60% glass and the and yeah yeah so you'll still have so if you look in here um under Section e the density and dimensional requirements uh regulations reference to the Building Development standards located in sections 10.4 and 10.5 and then I reference all of those sections they still have to comply with it okay but the review process is quicker there's no um special permits required and it's a um the the there is no uh denial is not allowed um so it's a process to make to make it so that we're getting more multif family housing it just takes a hard Parts out of the form based code yeah and the and the biggest reason behind what the state is doing is there are towns that use special permits as a uh as a as a um regulatory as regulatory to deny projects Abus Abus of use yes it's a it's an Abus of use of the special permit to deny projects this is to eliminate that because special permits require a um super majority and as opposed to you know the process which is a simple majority and special permits also give a lot of the board a lot of leeway on what they can deny whereas in this one does not um and so our our two subsections for the um overlay district is going to be the West Air form base code uh West Air Village form based code and the downtown Park Street form based code so it's going to be those two sections on West Main Street and um let me just show you right now so it's going to be right here in yellow and the red dash line is the overlay can you zoom uh canot okay never so it's right here um and then so that's a good note I'll make sure I have a zoomed in section on the next slide of next for the time meeting and this section right here which is the West Air Village form base Cod so those are the two areas which are subsection they are within 40% of it is within the 1 M radius of the um the MBT ta station all right um and so what does this do so um this bylaw makes it so that there is its own application process specifically for multif family and Mak use development that are located within the NBTA multif family overlay District the process is called the mod development plan approval it is similar to site plan review but under this process denial or unreasonable conditions are not allowed special permits cannot be required into this section there are specific requirements referenced within the baa that the applicant must comply with like the affordable housing off street parking other overlay districts and site plan uh site development standards and so the other overlay districts they so the way it would work is like flood plane Aqua for protection those are typically special permits but what we did is if you so it's written into here that you have to to submit the required information in those sections it's just not a special permit um and then the site development standards these are the development standards which you'll see on here under sections um section I so if you look at section I this has all of the site development standards basically what is required um and what would be reviewed by the board um this there's 1 through 12 1 through uh 11 and so this includes everything from parking Landscaping plantings dumpsters Mechanicals storm water management um you know connectivity parking aisles um the yep because I'm looking under Section I as you as you as you pointed out and I look under a and I see that this language has been changed to the maximum extent possible the post construction storw Etc whenever we see to the maximum extent possible by under law who decides that is it the applicants engineer or can or is it DPW our representative engineer so for your which section were you looking at this is uh it's a subsection a to i1 yeah so the reasoning behind that is because under the storm water management handbooks and um bylaw it says to the maximum extent practical and the reasoning behind that is because you can't enforce storm water above and beyond the what an app yeah physical condition what an applicant can actually and who's the authority that says Reon so that's part of the review from the DPW the DPW will review it that's what I looking for and if we so like in an occasion with 91 gr Harvard Road where I felt you know well you're not addressing this kind of storm water okay let's make sure then uh that the language is consistent in our so if it's Max instant possible or practical whatever we have in the other language make sure it's the same language here thank you she um I noticed that that blue and underline to that to the maximum extent possible there but not in the other paragraphs so the same disc I think she just added that that's why the blue is the add added yeah she added that that was one of her she's cool with the the use of that language yes obviously yes oh I see okay so she did the attorney town but you know I still think with the other laws yeah cuz she may not know what the other laws look like we just want to create a a tension between those and so we can kind of go through all you know through these sections so no that's that's okay so section e which is where we first talk about density and dimensional regulations that's basically all the references to the form based code and the actual Town bylaw the zoning bylaw referencing each of the sections that uh showed what required for the The Building Development standards what do you know what what's Amy's comment mean we defer to the town and the town's consultant to review for General law section 48 yeah that's basically making sure that we're in compliance like so she's not reading all those sections yeah she's not going to each of those sections oh that's all that she all those I I already reviewed all those sections and you've reviewed her comments too about what you includ well so these are the comments that I wanted to go with you through all these with you um so she did uh strike that under the affordable housing she says um so this is problematic as section 10.3 requires special permit and E eoh LC uh has flagged similar special perment requirements so this is where um so any shall comply so wait a minute so basically what she's saying is um you can't require them to comply with 10.3 per se you just they have to provide 10% of affordable housing period period maximum 10.3 has so many other Provisions within it including special permits which you can't have correct the base is 10% portable hous it's going to get the 10% anyway is she right okay if we're applying the percentage to a total number un to determine the number of affordable units the number of affordable dwelling units results in a fraction the number shall be rounded down yeah it's less that's how remember 10 if it's five but that's why 10.3 anymore that's why she threw it out okay got it never mind you're good you got it all right so it's different we know it's different and we're and it has to be different got it we're good I got it the intention here is to create oh of course because it can't go over 10% I get it now we had this conversation an hour ago I'm sorry everybody no that's okay all right I get it now I I see it yep I'm sorry it was backwards so it's okay never mind I Nathan made a comment and I disagree with but we were doing it a sidebar it was unfortunate all right um so that's affordable housing that's the requirement that we'd have in there same with off street parking um I did so she had a comment on the parking she said these are the uh these are not subject to Legal review but we are aware that the planning board um Town employed consultant determining compliance with the EO hlc we did yeah that's mrpc when they reviewed it oh okay so we are mform Bas code calls for one per space it's what we we it originally said 1.5 but we asked to try to go down to one it seems like she's fine with it as long as it is in compliance which our form based code is already in compliance with it form is one or one and a half one for dwelling unit yeah and what do you think about her comment on G5 uh restricting Park to the rear of a building was flagged by eoh we got to find a way to elock um I read a differently if you structured parking and separate parking garage shall be located at least 20 ft behind the front building line of the multi family dings in the lot that does not say yeah we're practical but that does not say it's behind the building I miss that do me what you're doing and um can I do that or no uh you're going to have to click on the actual can I do no click on are you okay with that yeah CH hi I'm not seeing any comments in the B documents available online can it be shared oh it's it's it's on there yeah it's on there can I see that yeah I'm sorry I just thought I'd help P interrupt us um we we may not have the same we're not talking about the document that's it's on the website where are we where are we NBTA next NBTA man um they're there uh they're not blue lined they're not blue lined but they're they're there I'm because it's the blue is by printer yeah the blue is by printer um let me share the screen so that uh Beth can see uh Beth if you're if you're looking at the document when you open it up in PDF or download it it shows comments uh they're kind of they're shown as little bubbles our document shows them as as writing uh because it's printed out um but in blue but um the document is shown so yeah you're on E density regulations yeah so let's go through over one of them please we'll go through all this all right so um three surface parking yes the surface parking structure so on that one can you for moment please should be there so restricting parking near the rear of the building was flagged by eoh hlc as a Poss as possibly setting up a denial as of right use so basically what what we're saying is the structure did in separate shall be located at at least 20 so the shall be located is the part that she's I think referencing I think if we say the language in three is wrong what's interesting is the bubble's supposed to be on five it's not on three yeah the bubble's supposed to be on five think that's responding I know that's not the point of well the one I've got says oh that's so highlight it but doesn't it ends with the word located surface parking should be located to the rear side of the principal building and shall be not be located that doesn't doesn't go beyond that the word located is just ends it mhm oh yeah mind says that too something's missing here says the same thing I she must maybe she deleted she that just got highlighted that didn't get changed yeah that's not that's not changing she's selecting and commenting on it no she isn't she's the one above she's commenting on the one one parking space there's no comment to this one oh oh no no no so it's it's the whole thing it's 32 to 3 through five 3 through five is commented on with the Norwall comment on the document on the screen the Bubbles at the beginning of the comment on our language your number oh no what happened I think she hit it she hit enter so I think located within so three and four supposed to be combined I think she may have just hit ENT oh now I get it so it should be only 1 2 3 4 have I think she just may have hit enter by accident put a four in there by mistake yeah just hitting it does it automatically when you hit enter I know yeah so my question is very simple is that do are we just going to stick the words practicable comma structured parking except for parking garage Etc okay and we're just going to do that okay going reformat that to be only four B yeah yep I'll combine those three y so on three where practic surface parking sh be exactly every shell needs to be preceeded by a Escape Clause yes okay practicable so even these parking requirements are going to be too restrictive for the As of right yes wow so yeah that definitely doesn't work in a form based code area and we have to have the parking behind you know in a for in our in the the regular District it's there I don't in the regular District yeah right so but under this they have to so our are nobody practically remember it's going to be where practical yeah and this is also based on the properties that are actually out there in the west a village you are not going to get parking up front it's just not going to work based on the size of those properties I've looked at those it's it's just not going to work okay so we're just going to add the language with her yeah we're practicable we're like that so for number three and number five I will add or it's going to be combined but yes I'll add we're practicable uh the next is H overlay districts no special Department shall be required for Section 8.1 Aqua protection overlay District 8.2 uh flood plane overlay District within the mod the only reason I I reference only those two is because uh those are the two that fall over um West Air Village the downtown Park Street does not have any other um any other overlays over there um the applicant will still be subject to the requirements of the regulation set forth within section 8.1 and 2 it's just not a special Department uh site development standards so on this section it says make sure compliance of uh yeah uh okay so site development unless otherwise provided herein site development shall comply with section section 10.2 10.4 and 10.5 of the zoning bylaw yeah this might be problematic provided however that the uses are subject to the mod may not be denied no special one required for the use of mod yeah that's correct so basically this all one through 10 are discretionary yeah 1 through 11 discretionary I mean in other words we're going to say to the extent possible but if they don't we can't deny it's provid if I understand her language use is subject to the not be denied no no no so I think what she's basically saying is they're discretionary in the sense of they so they're going to you're going to do what you at most what you can to get them to comply with those okay can't deny it because they couldn't fully comply with some sort of thing within those that you you you guys want that they can't comply with you know what I mean I got no problem it there yeah I don't have an issue with it all right and so these are all the sections that are that fall in there yep um and then the mod development approval it's basically um you're on J now yep J so that's basically just the process on how it works and applying for it and the time frames and who reviews it who doesn't review it and all of that um and then she did have a comment uh do these exist a multi overlay rules and regulations so we we don't have them yet but we have a section under here that says the board May enact rules and regulations to effectuate the the purposes of the development approval plan so basically if we come if we want to provide with rules and regulations later on they would fall under J but it's okay to have that language there now even though we don't have all right even though we don't have yet because that way we don't have to go back to town meeting to to amend those rules and regulations the board has to just have a public hearing oh boy so is this another one where you want to vote on at next meeting yes yes you'll have to clean upclean version for everyone to you're going to make sure appropriate people will review it before we get to it exactly so it's going to be yep and then and then the last item was just the zoning map which excuse me we've already reviewed but I just want to show everybody again the changes are are the overlay District over the downtown Park Street form based code and the West Air Village it's been added down here as a zoning overlay MBTA multif family so simple enough the only I'm good with everything thank you for all your work there my question was on the what was given out and what was read in the um advertisement M was the layout of the the article so the which is going what's going to be the the this one's got the map first all the discussion so I don't uh the board the select board will make the determination on what the number of the articles are okay we don't well I mean should I think we I would suggest that the map is last I guess obviously yeah I I don't know they should make a they make those determinations I can I can suggest it you don't want to vote on the map before you approve the district right no you're correct I agree with you it should be at the end but I don't make that determination but I recommend you where would the town be with without you Mr dis not it's just sense you know I get it all right um there oh we need continu okay hold on I suggest the proposed changes on the map be called out clearly in the public views uh I will do that be I'll make sure that the um each section is called out just like I did at the previous town meeting um and uh just show each section up close so that we can see them we actually discussed this before Beth joined us I think yep for this since we are going to vote on these the next meeting do we need a continuance of this public hearing until the next meeting that is correct so we need a motion for continue how do I describe uh I make a motion for the continuance of the discussion deliberation the proposed zoning amendments as discussed this evening to uh our next meeting on September 24th second any discussion so you'll be giving us clean copies of this yes yeah I I I should these changes are pretty quick I should get these done within a couple days and yes any oh sorry when we get to that last meeting we we would prefer not to have to make any amendments at that point in time that's exactly right we prefer not to because it complicated language the NBTA one has to go if you have comments n yeah I the NBTA one has to go through this year yes well they're going to go through but just well it's important that we impress upon the town folk as at the town meeting that what lies in the balance of the MBTA not being approved is our grant funding people yes I'm going to have a Alicia I've spoken with Alicia about this I'm going to have a uh a list of of grants that we get um like we received the mass work grant for West Main Street the cdbg grant that we get um she has another senior uh grant that she get like there's there's a um the senior center grant that we received of grants that we get that um we would lose the ability of applying for that all right so we a motion on on the table seconded it's seconded any further discussion hearing none Ken yes Julie yes Nathan I Jeff I chair says I so we'll continue this and that brings us to projects we don't have any meeting minutes this week no no meeting minutes so we have the project status update yes um there's really not much um for project status update um I do have a question okay um I noticed today I was on Central Avenue driving by and and the develop you know the one on the left that we approved a couple years ago the six what are they called town houses or grouses next to each other no seven there's seven and then there's one that has so the one that I think that has seven the rain Garden has been ripped out and replaced by some other structure and I I guess it's not our perview it's the Building Commissioner but I do want to draw the attention that something's been modified there and I don't remember anyone coming to the planning board to discuss modifications rain Gard there was some kind of some sort of storm water something or other DET whatever that was rainard DET something there that we approved and now it's been filled in and there's Mulch and some and like a little like a a RI WP Channel but it's not at all what was originally there and it's not what we saw in the design so I I just need to bring attention to that do you know what the address of that process what the hell is that I is it just before the the stop sign that four-way intersection before it's across the street from the the trucking place right the the the one we approved was four units there's another one that had seven one I know that but that was before this many members that were on this board was before we did inclusionary housing it was before everything however was the first one seven the second one has what we did was four with the site visit and everything else okay no I think so not the one with the four but you're talking about the I'm pretty sure it's the one with the seven it's the white yes yes I believe which the Tracking Company one is the four okay so it's not the one acrossing the TR but I I'm sorry I don't have the address okay the row of seven take a look at I'll talk to Charlie about this yeah I'll let them know all right cuz if they're making changes they're not allowed to no I didn't think so and I just wanted to draw attention to it um we have a sidewalk zero Scully Road that's Saturday at 8:00 a.m. mhm mhm so we kind of pull in there and it's then to the right near the Landscaping is that where that is I'm trying to think where the so if you going up Scully Road yeah you're going to go up to it's it's the property just before the Shepley Hill gate the l oh all the way there okay so you make the you Bear right yeah you Bear right just before you get to NCO no no that's um before you get the near the chef Hill thingy that we walk right by there it's the property just before the gate right next to shiple yeah right next to the ship directly next to the 48 wow okay no I know I I just you just didn't know it was that close I mean I'm thinking about now I'm going wow that's awfully close it's very close arsenic controls okay that's not up to us that's yes so Saturday I will let you guys know if it's off or not but I it should be on cuz conservation is planned or is to be going out there so I will have the um I I'll have a agenda posted for you guys to go out there great beautiful all right anything else on updates no nothing else really going on um I mean most of the projects we talked about that we've already really talked about right now great oh actually I can't give you an update so 91 Gren Harvard Road yeah they based on a discussion um they're the timing and based on how much work they're doing with other you know their actual company job they they don't think they're going to be um doing anything this uh this year so most likely it's going to be holding off until spring before they start construction out there and every and everything will fall within any uh expirations yeah no so they have two years to to before to to act on their site plan review okay um so it's you know they have time all right all right uh anything else that anyone has questions on motion to adjourn so have a wonderful evening oh I just want to make a comment I really appreciate all the the the the contributions the board made tonight there was some complicated questions and issues that came up but many of you raised I want to thank you for that for made this a very vigorous robust conversation and deliberation thank you love other see