##VIDEO ID:W3hBWJ87iYw## all right uh we'll call to order our planning board meeting August 28 2024 6:30 p.m. our first order of business is Michelle Bryan hi hi sure come on down talk about what I want to do yes please so I a CI R practitioner and I would like to have a few clients at the house okay how many people just one client at a time one cent a I'm going to be working on animals also and that'll be off property so most of my business probably won't okay can you explain great I'm glad you asked that so I know and I I put that at the top so R is um a Japanese form of relaxation technique okay here box are placing their hands on or near their body so massage no it's it's energy work basically oh you don't touch the other you don't have to no that solves a lot of problems that it's cool yeah your hours of operation by Point yeah um what do you feel that you've been entertaining appointment schedu normal business hours so 7 o' no not before 10 not after four or five oh okay I I'm yeah yeah okay basically it would be as far as traffic goes it would be as if I had a friend over for hour there's no noise related with it or deliveries I I saw those questions that were on how long have you been on North Road two years two years yeah my ex-husband grew up about three houses up on the left and I used to train horses foring balir I've known the property forever and ever any other questions no um I move that we approve the application for home occupation by Michelle Byron at 241 North Road Brian's Michelle Brian sorry I'll second that favor I great thank you good luck thank you nice my problem energy tomed all right Tom welcome back here we go again following the good eny yeah hopefully there's some good energy at that table we don't have to touch to GL for the record I am Tom SP I'm representing SP company project today is deliver to the board an update on the property Construction don't that through um we could not get a response from our mortgage or the estate of kiby about a reduction in sale price to accommodate certain of the changes that would be necessary including the installation of the sistern that Mr Bretta and I the board had agreed on um so we we had the last time we were in here was early May we asked thees for for an agreement ruction and price in early May um since then we have had no approval from them and uh around the 1 of August we had to relase Mr BR from its agreement um the other issue I like to discuss is the status of theay Road the street acceptance that we had had some discussions about um I have contractors I have pricing to do the work that we agreed Highway Department problem is I my understanding is I would need a release from mortgage or in order to begin legal side of street acceptance and at the moment I don't believe that would be forthcoming um even me like communication from the other side um I'm still willing to undertake the work if there is another option by which the road alone could be conveyed so I had been entertaining the idea and I talked to Gary wayer about this whether the town would consider doing a eminent domain taking up just of the road um I don't like the idea of there being a road out there that is a public road um which requires maintenance such like that I'm still willing to do all the work that I agreed to but the illegal side of things is kind of stuck I know this is going to be kind of an unusual situation I don't know if the town has ever done this before so I'm not asking for a yes or a no now but if if the board could ask Council what they think of this um as another matter there is the question of roughly $90,000 of back taxes that would have been paid off of the sale property and as I noted in my letter a couple weeks ago if the town elects to take the property for the back taxes I won't contest it you say take the property you mean of the entire parcel okay at this point um the mortgag are aware of their right to foreclose but they have not exercised it um at this point I don't believe I can in good faith Market property given what has happened now twice um at the beginning yeah I brought my I'll bring the whole file cabinet if you want that's more like it so John has the town ever taken a road over yeah no the only time taking the roads in existence at the incorporation of town was the only time we did that no sure um so if I could I may ask a couple questions if you would allow me um some of them might be personal don't know but the kimmes are the mortgage they hold the the no but it is in umate property property is owned byp okay we're just going to move them M over because we probably can't hear that on shouting at people I can't imagine you shouting should be when trying to be hurt over a bulldozer it's necessary John can you repeat that so we can have it on the what you asked him I asked basically um that the morgage meaning I guess the kibbies called the no correct and and Spate and Company um own the property yes thank you um so you're looking to get the kby lane accepted I'm correct in what you're asking yes now if the town takes the rest of it at tax which I'm not very familiar with yeah and I understand that would be a separate issue that would be a separate issue so in the past just some of my experience what's happened is we've had what's called paper streets they don't go anywhere yes um [Music] sometimes and I'll use the I think it was Spring House just this past year or year before when we paid um a resident had his driveway coming in it was a paper Street and felt that town should have paid that to his driveway I don't know if town did that or not so we have two Spurs there's no where I think it was Pine I don't the names yeah there's Pine Hill Road and there's Field Road neither of which have been built correct but the K cot burn is gone from there in anticipation um 16 kimby Lane has been looks like he's moved in in mode some of that area Okay um where the right away would have gone yes um so where am I going with all this I I just have a concern with the paper streets I would probably probably ask that we [Music] do we were if we were to accept this that it'd be limited just to Kibby Lane okay that's that's my concern you understand I think if I can just jump in yeah discussion has been that the money that's in the bankbook right now just as enough to bring Kibby Lane up the Cod nothing and we all separated into phase one and phase two the discussion a month or so ago was about approving phase two the sistern the pond Etc right and my understanding the plan board has always looked at this is really two separate phases yep and honestly if phase two never came to tuition the people in phase one would be protected by being a Town Road at some time y I hope was that this would be able to be done this fall yeah obviously you know everybody has to be Lo up and it doesn't sound like they are yeah and and for the record that was my understanding to that phase one and phase two were on the same property but discrete phases of the same project y that's that's my only concern right now you know besides bringing about the uh this the Cen Bond what they had asked for y you all of which I have either done or prepared to do and we limit just to other property you know that's something separate in itself what do you think our options are reach out to Town Council about I mean would the town be interested in doing that or who decides it who decides to take over the Kibby Lane talking about is there a possibility domain taking yeah I think be pretty complicated because like it's not you have two parties involved have Mr fate and you have the kides you have the owner of the land of a morgage y and we have a couple parties and right that would have to be satisfied and here's the thing when you do eminent domain is for a public purpose just speaking what public purpose are we achieving by taking the road I know they'd like to be a Town Road but I cannot think of any service they would get that they're not getting right now except the sign at the end of the road we plow the road the children go to school the police monitor activity on the road they go down there and make sure everything's safe so I think it have to Define you know the public good public purpose for doing an eminent domain like when we took the land at the end of uh Main Street when we straightened out garish park it was to make the road better we took this I can't think of a purpose that would satisfy that requirement that well but Mark doesn't maintain the road does he the Road isn't maintained by the town no if they've got to do all this work to get it up to his standard but it's not safy concern there is no you've been down that road it's not a sa concern yet well on a you know a list of we got to take care of this one first like you said the children get picked up for school back at their doors I we we would have to walk down the back that's yes we would so Le protection is given fire protection is given I don't know so I can't think of a overarching public purpose that would be accomplished like doing ENT domain except getting a street sign yeah I I I agree with you John the emminent domain thing it's a tough yeah it's it's a tough standard to correct and it has to do with the betterment of the whole town okay so that's you know usually that this is limited to I'm going to say the residents the people that are on Kibby um I'm not sure if the bus goes down or whatever you know th those are issues but I think before we would accept it and again I would probably um just ask that I U probably a survey of something something to just designate this area you know kby Lane on each side and that's that's what we are approving nothing else it limits it there's no no I'm G say no paper Street okay I don't that's that's my feeling but I believe I believe we really would want to have Town Council bounce some questions off of Town Council yeah to uh to get a real firm grip on yeah I I I had been thinking about most of the same issues that Mr Flynn raised you're starting with Brian and we're fortunate that our new Town Administrator has a law degree so it's it's good opportunity we pay him the same other he answers question so I start with him yeah we'll start with Brian okay um I had been considering most of the same issues that Mr Flynn raised and that's kind of why I'm here is basically just I don't know what the town would consider a sufficient public purpose or not right I figured there was no harm in asking of course well we'll talk to Brian and potentially reach out to Town Council and we'll let you know what we find out okay right um you're pretty much ready to just throwing the top the towel has been thrown it up thrown hit the wall that on fire um I I have been paying out of my own pocket on this thing for six years and actually the the money the board is currently holding is my money um or would have been my money and uh every time I've had a deal fall through it cost me about 12 Grand so I the towel has been wadded up long h yeah um all right okay thank you any other questions no right thank you very [Music] much no longer a section CH he needs a Ry session after all thank you thanks do meeting minutes yeah please when did you get through I got [Music] through M yes I ask one question scheduling a meeting of CPC Committee in early September for a request from the parks department right if we can get a member from y plan you know when that meeting is when is the meeting he just said second week so typically it's a 15 minute meeting we don't even sit down stand in M room ra second week of September yeah I can probably go you just let me know when it is okay yeah going on Monday through Thursday that you know we do you have a meeting in [Music] September again it's a short meeting and you like to have at 6 I could probably see if we have if you want to get down here at 6 so you're not out a second night well we potentially don't have a meeting on the 11th because we Have No Agenda items so our only meeting in September right now is the 25th right unless that chents yesterday no no great I don't think I'll hear anything on that so yeah not September 11 I wasn't sure y thank you I mean I can go the only I mean if you want to do something do something like the ADV recation to you should be somebody else yeah I I can go just let me know when meeting on Monday good Monday s our Monday meeting so I did CV yes all right thank you we kicked the request to planning so oh yeah thank you you're welcome much appreciated it's just a public hearing just another public hearing we like do those in our sleep now I know what is what great wor CH zoning change okay Zone they bought some property to R4 and R Six [Music] B she on computer mail couldn't get it back to the other phone and you spelled Pat's name wrong I didn't type these pin pardon me paycoin I've seen that before read your meeting notes where did you see paycoin which right there first line okay thank you I got that second one oh July 24 5:3 somebody knew is helping me do these so I quickly proof them but she's doing them get me up to you up a date well I'd like to make a motion for case 2024 D meeting minutes to be approved which one which one second I don't know 2024 D 2024 D Bly Road I have a question yes uh we said uh in reviewing the plans the board alerted they need a bridge line Hillside review yep yeah so when does that need to occur in the in they go for their building permit when the building per okay don't worry he's selling it so I don't think I think he is I second that 2024 d he's not here for any of these I changed the letterhead on everything because my new stuff no I thought of that but I say the memb so okay does it matter if they change my name to Dave instead of David means however you'd like it I don't really care no I'm just saying in one of them it says Dave everywhere else it says David okay I'll put it that's uh 20 23b 24a second page second paragraph third line last word okay I don't really care all right I didn't know if it made a difference it doesn't okay if you don't mind I don't mind care if it says pay check we changed that like to make a motion to approve 2024a public hearing minutes for 5:30 Glendale Road second all in favor name is misspelled on this one she's knew it doing that's why I also care no actually she did these in one day that was pretty good considering she's a tree yeah like to make a motion the media minutes 2023b public hearing Cas dresser Road minus Christine's last name I got it for approval a second all in favor mom around I'm not try to tou your all right um yeah just so you know I have nothing on the 11th like you said y 25th if we hear back from our attorney I have self stored um either a hearing or an open meeting I don't know what was going to be yet I have 5:30 Glendale Road discussion with Rory Walker and I have the great horse public he caring for rezoning four Parcels of land great and that we're going to start at 6 that night yes okay so that's 925 yes first the 25th [Music] yeah and just so you know October 9th we had the continuance for thresher Road and Highland I alerted John Matthews I haven't sent them the email yet that we've only had one session on those so he's going to get up to par sign the mullen's rule and then he can sit in on those um thresher already asked for continuance from October 9th prer is Al Joy Al Joyce so we're gonna open and cl open and close you know open agree on a date and continue it so 2026 that's like six months January you pushed it didn't it was January and then you said do October or febu do October yeah yeah because we had the uh solar going on what do they wait huh I don't think he know he wants to do with it all right to I'll second that oh no no no no Madam chair um the other business zoning bylaw section 4.3.2 what's Town count set on that anything are under on the agenda oh no I mean it's been on your agenda for quite a while this is been something that needs attention because that's it's in with what the state is saying from but the U chairman of the zba has alerted us to our previous Town Council um had also agreed with the chairman but we I think it was forwarded to our present Town Council and there was some questions but I've been gone for quite a while so I think it needs to be addressed so make a motion to contact Town Council and see revive all of the pertinent data and provide it to Town Council um a decision on what we should be doing second you made a second I did make the motion okay all in favor by you want it first that what you're doing I don't remember oh science but it is I have the file on it I can pull it out when zoning when zba when people go to zba and they would like to um modify or have an adjustment to their side setback or something to that nature zba then goes to this um and it and it puts them into a loop they can't do anything so um state state has basically said that zba has that ability to change that but the bylaw needs corrected I have the legal opinion I believe from Jed Jed and marel yeah I can give it to you if you want okay I think you can provide it to I think Rose would be handling this or go to to Our Town Administrator yeah I'll go to him first yeah all right count okay okay I'll get I'll get that you thank you else no El somebody said a motion to a chair she did and I second it okay I'll second it now that he's done okay all right all in favor I I no