so as a preliminary matter this is Larry Murphy chair of the Newbury planning board permit me to confirm that all members and persons anticipated on the agenda are present and can hear me planning board members when I call your name please respond in the affirmative Peter posos yes Woody Knight yes Mary Stone yes and Scott kinter I don't see have you heard anything from Scott uh he's having some technical problems okay hopefully he'll be with us shortly and our associate member Steve manjon yes and town staff when I call your name please respond in the affirmative Kristen grubs planning director very first meeting as planning director congratulations Kristen is wonderful thank you hi everybody anticipated speakers and presenters on the agenda please respond in the affirmative although I don't see any pictures up there Steve Sawyer yet uh Gage Foley or Eric s senson well they are our anticipated speakers and hopefully we'll be along shortly um good evening this July 24th 2024 open meeting of the Newbury planning board is being conducted remotely consistent with chapter 2 of the acts of 2023 which extends the governor's March 12 2020 order suspending certain provisions of the open meeting law general laws chapter 30A section 20 until March 31 2025 this order suspends the requirement of the open meeting law to have all meetings in a publicly accessible physical location and allows public bodies to meet entirely remotely so long as reasonable access Public Access is afforded so that the public can follow along with the deliberations of the meeting and I'm going to interrupt myself for a second and just note that uh we have a full board now Scott kter is with us evening Scott um for this meeting the Newbury planning board is convening by video conference via Zoom as posted on the planning board's agenda which can be found on the town's website in which identifies how the public may join you may join us by going to http backback doom. zoom. Us in entering meeting ID number 83271 4130 56 pass code 10879 or by calling 1 92925 6099 and entering the meeting ID number and passcode when prompted please note that this meeting is being recorded and that attendees are participating by video Andor telephone conference the meeting is also being broadcast live through local access cable channel9 on zoom and at www.tn cb.org and the record recing will be available on the newbur access YouTube channel meeting materials were provided to the board members prior to the meeting for review applicants or their representatives may be called upon to speak and if needed share information to the screen please State your intention after you've been called before we turn to the first item on the agenda please permit me to cover some ground rules for Effective and clear conduct of our business and to ensure accurate meeting minutes as chair I will in ruce each speaker on the agenda after speakers conclude their remarks I will go down the list of board members inviting each by name to provide any comment questions or motions please hold until your name is called further for all attendees except board members and staff please remember to mute mute your computer using a mute button or if you're on your phone star uh star six to toggle mute or unmute when you're not speaking please use earbuds or earphones with tablets and cell phones please remember to speak clearly and in a way that helps generate accurate minutes please be aware that video participants can see you and that you should take care not to screen share your computer anything that you broadcast may be captured by the recording for any response please State uh please wait until I yield the floor to you and state your name before speaking if board members wish to engage in discussion with other members please do so through me taking care to identify yourself when you wish to speak uh there will be an opportunity for public comment and questions during public hearings after board members have spoken I will afford the public an opportunity to comment and or ask questions as follows I will seek questions and comments through the zoom raised hand function video conference participants to raise your hand hover over the bottom of the zoom window below the photo gallery and click on the gray hand that appears please ensure your name is fully and correctly displayed on the participant list you may rename yourself by using the more function next to your name for telephone participants to raise your hand in a zoom meeting hit star n on your phone keypad I will then allow questions and comments from members of the public who have raised their hands in the order in which they are listed which is determined by the order in which people click on the rais T function each participant will be called on to provide his or her name and address and then ask a question or make a comment I will afford the participant or applicant or his or her representative the opportunity to reply your hand will be lowered when you have been given the floor for your questions I will then continue down the list of those in the raised hand column and again afford the participant applicant or representative an opportunity to speak should there be a physical or electronic submitt of questions or concerns they'll be noted for the record and again the participant applicant or representative will be afforded the opportunity to speak if the issues raised have not yet been addressed and finally um please note that that each vote taken in this meeting will be conducted by uh roll call vote so turning to the agenda uh our first item as liais on in meeting reports on the first item is zba and that's me um the zba last met on uh July 18th there were two um public hearings uh um on the agenda one for 31 ral's Lane and that was essentially to um finalize a decision on that on a previously voted approval and the other uh on five Cinder Avenue has actually been continued to um August 1st the zba is going to be uh holding their August meeting early and it's going to be on the 1st that was to accommodate that Council I believe for the applicants in that case and the only matter on the agenda and that's it for zba uh Conservation Commission whaty conservation met last week um there were a bunch of things on the agenda septic uh extension for the trustees on Hay Street um piling to supporter Foundation few other things uh the only thing that really pertained to us was um the Sunset Club we met with them but they are waiting on materials from the engineers and other things so there wasn't much to discussion so we'll be meeting with them in a couple weeks thank you Woody and mvpc Pete I know you're our newest mvpc member but I believe they're in summer Hiatus are they not they are so can I assume your report is complete it is complete at that okay thank you um the next item on the agenda is the June 2024 um financial report so the following payroll and invoices were authorized payroll warrants for planning director and assistant planner PR 24-25 for the pay period ending 6124 uh PR 24-26 for the pay period ending 615 24 PR 24-27 for the pay period ending 62924 and under planning board stiens PR2 24-26 of also included the stiens for the board members for the period from January 1 2024 through June 30th 2024 we had the following mvpc invoices marac Valley Planning Commission pictometry 61224 marac Planning Commission assessor Maps my map 61224 and under planning board expense invoices for the North of Boston Media Group for public hearing legal notices 61224 uh Kristen grubs employee reimbursement 61324 Verizon Wireless planning board iPad uh 62524 uh Martha Taylor employee reimbursement 62824 and a Minute Man Press master plan printing 62824 so that concludes the um financial report next item on the agenda is a public hearing and we can't open that until 7:15 so we've got five or six minutes to go um maybe we could turn towards the end of the agenda and under planning board meeting minutes for review and approval take up the June 26 2024 uh meeting minutes has everyone had an opportunity to review those does anyone have any questions comments requests for changes regarding the June 26 2024 meetings as presented a hearing none do I hear a motion to approve the uh June 26 2024 meeting minutes I'm not sure who I heard first was that Woody sure do I have a second why not okay second Mary yes indeed okay uh any discussion Then Pete how do you vote on the motion yes Woody how do you vote on the motion yes Mary how do you vote on the motion yes Scott how do you vote on the motion you're muted Scott yes all right and uh I vote Yes as well so those meeting minutes are approved and we still have five minutes to go before the we we do have a a a report on meeting minutes approvals and um I just get into that briefly um if you recall uh during the pandemic um we got behind at our meeting minutes and uh we consulted with Town Council and um uh Town Council advised us that uh the board could uh designate one member to review and approve those minutes on behalf of the board and that that was me I Was the vote was to um permit me to do that um as chair um uh so we we've uh made pretty good progress with that Kristen we still have a few old meeting minutes from 2021 and 2022 I think that uh we still need to address correct yeah there a you yeah my memory of the of the vote was that um I was authorized to uh to uh approve uh any meeting minutes prior to January 1st 2023 from January 20 1st 2023 forward would require the whole board as as is the the common practice you'll note we also have reorganization um uh on tonight so uh it depending on how that goes I may no longer be chair but I'm happy to continue on with the task uh of uh of approving those minutes if the board sees fit um so depending on where we are at the uh at the close of U after the reorganization for example I I might stay on as clerk uh and and continue on with that task but I just wanted to explain that in advance I think it would re require a separate vote in order to authorize me to continue so we'll come back to that later um and uh we've got about three minutes to go I don't think i' I'd like to uh get into the public hearing as our next order of business because some of the other uh items might take some time so if you just bear with me we've got about two minutes to go and then we can open that public hearing and we do have St Steve Sawyer with us uh yes I'm here y yeah I'm here I see a raised hand in my lower right screen is that a member of the public with a raised hand or is that could that could be wonder if that's um Gage I know not sure if he's going to try and log in also oh I think it's Eric senson okay so again just bear with me and uh we can um get into the public hearing Steve are you in your attic or is that a uh background that's my attic okay well semi finish just just call me Rapunzel it's a good thing we don't have these uh planning board meetings in the midday um yeah yeah actually it is air conditioned though okay it's yeah yeah it's it's conditioned space just not quite finished we didn't really need the space so we never finished it you got a great more comfortable than it looks Steve you've got a great uh video it's it's very Chris actually the black background yeah makes it uh you know I jump out at you you do it's like some sort of horror movie it's a Mary Mary has the new Photoshop um you know button you know on Zoom well I used I used to have a nice background pick from Iceland but I I just got a new computer I got to find I got to find the picture and throw it throw it back for the background when I'm up here little little better than looking at rafter and installation not to interrupt you Steve but it's 7:15 so we can get into the public hearing perfect so this is a continued public hearing um for seven Bittersweet Lane map u09 lot 21b common driveway special permit application uh owner David W Foley senior and Nancy J Foley and the applicant Gage Foley and uh uh just a reminder that um uh the only voting members on this uh are myself Pete Woody and Mary um so I think when we last met um Steve you provided us with updated easement documents and summarize the revisions and uh we requested that staff to send the draft decision the revised easement Documents To Town Council for review and uh Kristen can you just bring us up to date sure um so we continued the hearing from the June meeting but we had received comments from Town Council in the middle of June which were shared as a red line with the applicant and with the planning board members um so those uh changes I think were deemed appropriate and we have um accepted those and shared a clean document around um and Steve you can chime in but in addition there were some changes uh edits proposed for the easement plan um the survey plans and those have also been made so um so all the clean documents have been shared Town Council has um reviewed again and said everything is looking good you you've got corespondence from Town Council about the approving the decision in the eement documents again well repeating what you just said Kristen actually yeah um there's just I don't know we we've seen this decision I think several times in uh does any I don't see the need to go through it paragraph by paragraph uh does anyone have any questions or comments or would like to address particular Provisions in the uh in the decision there there is one thing I think we ought to look at Kristen can you share the decision with us sure and this is can you see that yes yeah looking um it's um page six I believe in particular uh Kristen and a deed requirements um I should mention on this page um just uh Steve um there were three sheets to the site plans and we um had previously received um the updates in April in the middle of April so these plans have just been um updated with that April 15th date and um the planning board signature block added couple minor things so the this is these are the same revised plans that you've already seen but there was an edit made to the decision just to update the reference thank you Kristen yeah this this is the language I just wanted to point out um in in particular um the uh sentence uh in the middle uh as the current Deeds of ownership fail to satisfy the association requirements that is the association for a homeowners association to maintain the uh uh the common driveway um new proposed deed shall be submitted uh to reviewed and approved by Town Council prior to the planning board endorsement endorsing final plans uh I understand that language was actually drafted by Town Council is that correct Tristan yeah just this one sentence was added because this is a requirement in the bylaw that there be um an association or that the Deeds reflect the agreements among the homes sharing the common driveway um yeah Steve I assume you've seen in in our comfortable langage so we had some email um Gage and actually Gage emailed both um Kristen and Kristen and I about that I you know me not being an attorney but my understanding is I imagine the Deeds for both um Gage for actually the other Doug and Alex the other was it 9 and 11 probably those deeds probably don't have any reference to the agreements of of this common driveway so I imagine we we forwarded every forward the comments and the decision off to Matt today um Matt Gaines the the attorney and so I imagine what going to have to happen is the Deeds for all three lots are going to have to reference make sure they provide a reference to the easement so you know in perpetuity that you know that the homeowners sign the easement agreement but the Deeds that they of the properties they own I guess don't refer to it so um I believe that's what the the Town Council is referring to so that's in process I Matt's always he just we just got the email out to him this afternoon I imagine he'll work with um is it Steve Steve cha Chaplan um make sure that whatever deed updates that need to happen can get done and and everything will be taken care of and the and I guess what he said you know in his comment was or upon that the board can sign the you know sign the um the the plans and the decision or at least the plans or indor endorse the plans yeah yeah but that I just I I was confident that had read that but I just wanted to call it out for the record because I think this is the only thing of substance that's uh different from what we've previously seen yeah um yeah let me go through the board members um uh Pete are you do you have any questions comments questions thank you no uh Woody the same question no questions or comments thank you no Mary no questions no comments thank you uh are we comfortable in uh um moving to um uh to uh uh approve the decision as presented yes anyone hear maybe I came up with some better language um oh I should ask uh Kristen are there any members of the public uh are no I don't see anyone have any questions we haven't received any additional comments okay um well do I have a a motion then to approve the common driveway uh permit decision you do thank you Pete is there a second second second uh I'm G to say Mary on that one um all right is there any further discussion um and uh Steve I'll and uh Scott even though you're not members I'm not voting on this uh if you have any comments or questions I have none thanks no all right then uh on the motion Pete how do you vote Yes uh Woody how do you vote Yes Mary how do you vote Yes and I vote Yes as well so it's unanimous among the four eligible voting members and lastly Kristen I think uh we uh just need a motion to close the public hearing is that correct yes I just want to Mary Did you have a question about the decision give your hand raised me no yes you have a raised hand in your okay okay okay um yes so at this point the board can close the public hearing and there will you know everything will be in order we'll finish that work on the Deeds with the attorneys and then the board will be able to we'll have to get the decision signed and recorded with with with Town Council so could I have a motion to close the public hearing so moved thank you Mary do we have a second second thank you Woody any discussion all right hearing on Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote Yes I vote Yes as well all right well best of luck to the Foles and uh Steve thank you thank you thank you we hit the I think Gage hit the trifactor on this all all three boards but it's done good good it's done and I hear that sounds like the house will be done in November or sometime in November so it's all it's all moving along so that's good news and I thinkk thank you thank you all thank you thanks a good night bye all right next item on the agenda is the Newbury Golf Center we have Eric senson 131 Scotland Road request for approval of as buil planner release and performance Eric good evening good evening how you doing good so bring us up to date where are we with this so I think we're you know we're going on our fouryear anniversary being open in August and you know I think we've completed everything that has asked um we've requested a letter I think the asil's been reviewed by Joe Saka um I think we're in pretty good shape uh on our end obviously if the board any questions or anything you know they want to see or be more than happy to answer anything about the facility four years um so basically you're looking to close out the site plan review um uh and requesting approval of the asilt plan and release of the performance guarantee correct yes yeah uh have you seen Joe s's um letter on today's date July 24th I did and I talked to my engineer about it so I I I can answer anything on there if you want me to answer any questions on there well I I it's um let me just summarize can you can you pull that up um Kristen Jo yeah let me let me find it okay so everyone see that so he he's calling out some things Eric which I'm not an engineer uh so I I mean they don't strike me as um uh anything Earth shattering but uh number one uh the plan shows a dumpster and the concrete pad the engineer applicant should address whether an enclosure was approved around the dumpster are you going to address that sure so that was something that was discussed with the planning board and with Martha Taylor and um that was something that was requested by the board for us to do so I did put that um we put that around it the the fence oh but apparently it doesn't show in the asil plane I guess is the point yeah I mean I think it should have been I don't know why it wasn't um but that was something that was I don't know why he didn't put it in there but it was discussed multiple times with the board obviously we did that for the Neighbors um they can't see it even if it wasn't there but we did put that and it's around it okay um the following items were noted on my quoting again the 6624 conservation review letter but do not appear to have been addressed the board may choose to have the engineer address these items dmh1 is noted as buried in the drainage structure table and no as built information is provided the structure should be located raised to finish grade and as built information obtained for the plan as is typical um so I did talk to Scott about that he said that was that's below slightly below grade it's in the grass where it you can see it and we can drive the mower right over it on that one on that first first one yeah but again I I think the issue is that it doesn't appear in the as okay so do you okay uh number two the outlet pipe for grass depression number one appears to be at one about one foot higher than shown on the approved plan the engineer should discuss or evaluate the difference so two and three I'm sorry no you go ahead go ahead so two two and three speaking with Scott this afternoon he's in a meeting tonight um he said those were discussed and and reflect on the plan in in his calculations and he he said he had actually discussed this with Joe both two and three and it is it is in his calculations and he points it out on the plan so that's you know I can have him reach out or actually write something but he said those two are are already been discussed he was surprised that they were on there I know he you know obviously we're going back four years um with this project but I you know be more than happy to have him discuss it or write a letter saying that it's you know and pointed out and again I'm not an engineer I'm just so I don't know that stuff and I'm not pretending to know it um the dumpster I do know because I remember the conversations but um the other two things obviously that's between you know my engineer Scott Cameron and Joe Saka but that was his recollection of it and said Eric that's been pointed out multiple times two and three so I don't know what what the Board needs on that or what you tell me what you'd like me to do from that point um yeah I mean neither one of us are engineers and that's the problem quite frankly I don't know how significant these issues are other than the fact that our our U our engineer says that they need to be on the plan let me turn to the board members and see if they have any comments Pete anything yeah you know we do want to wrap this up and I appreciate that but you know these are just the final details I think that do need to be uh um validated on the plan and once after we have this discussion I just want to come back to something else uh for a second Larry okay um uh Woody you you have any thoughts uh just that the as built reflects what's built there so the few few issues the dumpster I guess should be definitely should be shown on the ASO plan the other ones as everyone else has stated we're not Engineers so yeah uh Mary devils in the D details my friends and um in this case we have a detail that needs to be fixed as soon as possible that would be okay uh and Scott I I think you can vote on this because it's not a public hearing and it's largely administrative at this point um do you I I would concur with p i mean it I think the entire or I would assume the entire board would like to uh get this off their plate and get off get off your plate Eric but um you know I I do think um like number two uh if it's already all been addressed um you know it uh um it may not be as addressed as it should be um and frankly I like number two you may not see you know calculations and data you know on the plan but uh a letter May accompany the plan you know from the ER that speaks to um you know the FL Cals and and all of that and uh the same thing for number three um just the um um the flow of the elevation you know meets the uh intent or you know the engineer just can certify um that um um it meets the intent of the plan or the original plan so it's just just real minor um doesn't look like it's much uh um so devils in the details as Mir says thank you Scott uh Steve anything you'd like to uh add I agree with what's been said before I think the facts on the ground need to be reflected in the plan or the as builts thank you yeah Eric let me ask you where where are you with conservation and the select board I I think so yeah we closed we closed out conservation a couple weeks ago and then the order was to close out with you and then go the final to the select board that was the kind of order that Martha laid out to me that she wanted how this to go um I'll be more than happy to come back to you with my engineer to update the plan address Joe since this was this afternoon it's last minute obviously we just got this I didn't see this till two o'clock and come back with you with you know addressing these four points on the plan and if you know where they are in the calculations and from an engineering standpoint if that's what I think that's what I'm hearing from the board too yeah not a problem at all that's easy yeah um and I'm sure I'm sure you can work things out with Joe P there was something you wanted to add there was and I'm not sure if this is of significance Eric and you can help the board last time I did a s sidewalk um there was some stockpile materials um down by where that dumpster is I think I think it was sand and I don't know what else I'm not sure if that's supposed to be there if that's going to be there permanently uh if that's you know part of the long-term plan uh is that still there so one pile is gone so we we get deliveries throughout the year we just move it out because it's easy to pick up if you put it on the ground so what it is it's divot mix so we get it we or it's for um irration so we get it and we move it out of there it's just easy if you put it on the ground it gets contaminated got it so so we Mo we move it out throughout the year so one one pile's already gone and one the other pile's almost done perfect so this will be something that'll be reoccurring I would take it from what you just said so should the plan reflect that there'll be a stockpile area there kind of on a long-term basis yeah I mean we could definitely put it there if the board would like it I mean it's not there every all the time but it it could be there depending on the time of the year when we need it so you would you like me to reflect that on the plan it'll be easy that way you know it's there we know it's there and it's so much yeah no problem right great well thank you Eric and as Scott said we we'd like to get you going on this and I'm sure I'm sure you be happy to see the the end of us too so why don't I why don't I get in touch with my engineer get the plan updated have him address those in either a letter um to you guys get the stock piles on there for you Peter and then uh if you need anything else and then I'll I'll get it to you before when's your next meeting um our that's our next meeting is tell you in a second uh we don't we don't uh need to um this is not a public hearing so we don't need to vote on a continuing date so whenever you get things in you know um in order uh you can just contact Kristen and get on the agenda but be it'll be quick I'll be if you guys are meeting two week I'll be able to get this quickly I imagine yeah to answer your question our next meeting should be August 7th Kristen yeah if the board stays with the same first and third Wednesday it's it's a August 7th two weeks okay so be the 7th or the 21st of August we may have to move some things around for September because of the holiday and uh um okay but hopefully we can get you in an August and get this okay yeah I will get it as soon as possible get it to Kristen and hopefully you get this thing to the Finish Line good all right thank you all right thank you have a good night thanks sir thanks moving on uh next item on the agenda is the 34 Central Street notice of withdrawal from chapter 61a a discussion and the U select board has received um and I I'm sure you're all familiar with the property that's the 10 acres or so behind the um fire station on Central Street and which is also one of our subdistricts in the MBTA communities by law um so on July 9th the planning board received the certified male notice of intent to sell and convert land pursuant to General as chapter 61a section 14 for 34 Central Street the current use of the 9.5 acre parcel is Agricultural and Horticultural in the buyers pre proposed use will convert the land for residential uses so pursuant to general laws uh the town has a period of 120 days to exercise Its Right of first refusal option to meet the Bonafide offer for the land which is I believe believe A1 50,000 the select board has asked the planning board and other boards I believe well to consider the notice and and any comments or recommendations on the right of first refusal and uh the select board will be holding a public hearing on this I don't know if that's been uh has that public hearing been set yet Kristen um the select board met last night and I I don't think they've set the date yet they need to um they'll be a legal add and legal notice so it may be at their end of August date but it may move into September depending okay so I can let you know so anyway um again this is the pel was rezoned at town meeting and is now included in the MBTA multif family overlay District but I guess the question for us is what recommendation this board might want to make I I think there are three options one would be to recommend that they exercise the option which I'm I I don't say that as in the sense that I'm advocating for it the other would be to recommend that U that they do not exercise the option uh or lastly I suppose we could just recommend will of the the select board anyone care to weigh in on this I mean uh my own feeling is I'll start it uh we want to a great deal of of um uh work um resoning this parcel as part of the MBTA community's um uh bylaw and uh which passed overwhelmingly at town meeting very gratifying to hear and uh the whole purpose was to uh um uh stimulate affordable housing in town and multif family housing in particular and as far as I understand it uh uh the uh developer in this case has been waiting to make sure that that bylaw pass where they exercise their option um so uh you know my feeling is uh to do other than uh recommend uh well for the the town to purchase it first of all I don't know if that's financially if it's feasible you know to come up with a million 50,000 and secondly would it seemed to me to defeat the purpose of the MBTA communities bylaw that we uh that was passed so I'd welcome any other comments that any of board members might have L Larry I would I would kind of echo of that this dovetails completely with what the intention was of the of our our our proposed bylaw change and what the planning board's recommendations were for multif family housing and this fits that so I think that this parcel would be appropriate for that so I think it would be a wonderful opportunity to facilitate that process and I into a first EP would be for the town to release its right first RS so that's where I be this any anyone else have any uh any thoughts on this it's a overarching uh issue um Larry but does anyone have any idea whether or not uh this uh push back on the community uh um the affordable housing um zoning regulation is going to have legs at any point I guess I'll rephrase is there any possibility that what we have achieved might be moved in that the governor has come under Fire for this uh affordable housing um for every town so there's there's a sort of a rebellion I guess among some of the towns that have um thought it was a little bit uh too much well there there was a lot of push back initially certainly and probably still is in a lot of communities um I know that there was one was it I forget which Community it was that uh um is involved in litigation with the state over the requirement and I I don't know where that litigation is um but uh to answer your question uh honestly Mary I don't know I know I know I I just I mean let let's let's assume for example that that the um uh the Supreme Judicial Court would to say that the statute was somehow invalid or that it was inappropriate I don't know that that would necessarily mean that our bylaw was void maybe it would maybe it wouldn't I guess you need to look at the decision so um uh I hear I hear your concern um but to to vote to exercise the option I think we would need to have some plan for the property and you know extra million $50,000 kicking around too because that's ultimately up to the select board I mean we're just we're just making a recommendation sure and and the select Board gets free to accept it or reject it do whatever they want with it um I don't know go ahead Steve do you have your hand up yes um it's my understanding that the Supreme Judicial Court will be hearing the case in September or thereabouts and we'll see how that goes and what the ruling says when it does come down but I also heard you talking about the MBTA communities act and affordable housing and I thought that the MBTA Community preservation Act was not about affordable housing that indeed there was a restriction how much affordable housing individual towns could U mandate on one of these um rezoned parel well I think you're right Stephen my language was sloppy quite frankly I shouldn't have used that term uh I I believe that that the theory is that if if um multif family housing would eventually through Market forces um result in more moderately priced housing maybe would be a better way to put it but I I'm certainly no expert on that I you know you're anyone's opinion is as good as mine um I'm I'm sorry Kristen I asked you this and I had a senior moment where are we with the select board's uh um public hearing on this um they they haven't set the date yet they anticipate the end of August or maybe beginning of SE setember so we don't necessarily have to make a decision on this tonight then if if the board is not comfortable going forward with it we don't need to I'm happy to answer more questions I just to just to respond to Steve's comment it's um there you the MBTA the 3A law um allowed you to include 10% of affordable in your bylaw which is what Newberry chose to do you were you are allowed to um raise that price but you had to do an economic feasibility analysis which Newberry didn't do but um but you're correct it's you know it's not explicitly an affordable um initi Housing Initiative it's a multifamily zoning initiative um and just to say to Mary um and Larry sort of said this but uh Newber passed a zoning bylaw so with any zoning bylaw that's passed it gets reviewed by the attorney general and as soon as we hear back from the attorney general they have 90 days to review the bylaw so we haven't received a letter back from the Attorney General yet but as soon as we do that bylaw is is our regulation so regardless of the MBTA legislation outcome Newbury will assuming the Attorney General approves the bylaw that'll that'll be what we have those districts will be zoned for multif family housing okay thank you so I guess we got a little time uh the town has I counted my fingers what till November um to uh make a decision and um I don't know what's the what's the sense of the board do we want to do we want to try to move on this tonight or or put it over for um for a further meeting again uh it's not a public hearing so we don't have to set a date for a continuance we can get it back on the agenda whenever it's seems most I think we can go ahead um that's my feeling my gut feeling is we just go with uh three will of the select board on this matter okay so um Mary just so I get a sense your your sens is to um uh recommend that they don't buy the property correct and whaty your senses that will of just vote the will of the select board yes uh ultimately they have the decision and I agree with what everyone said about it we we took the time and put it in this NBTA zoning so e either either don't don't the town don't buy it or just will the select would because it's ultimately up to them all right Pete you look very thoughtful would you're also muted smug yeah I I'm comfortable with uh uh you know letting the select board made make the decision um that that's I'm comfortable with that completely you are yeah uh Scott uh I'm I'm the same okay and Steve much the same I think we should uh present it to the select board for them to make a decision okay does anyone care to make a motion then so moved you're you're recommending that the the planning board's recommendation is Will of the select board is that correct correct all right do we have a second on that second thank you Scott any further discussion Then Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote Yes Scott how do you vote Yes and I vote Yes as well so and Steve I we appreciate your opinion on it as well okay thank you um where are we on the agenda see oh okay um all right now uh reorganization election of plainwood officers uh to be effective August 1 2024 for the chair Vice chair and clerk um I have been chair for two years now and uh I I think it's time to give someone else a voice and I know Pete you were chair for at least two years prior to me uh if not longer my memory serves and uh Woody uh you are the senior member of the board who has not uh acted as chair um so I'm going to put it to you if you're interested in taking over the gavl sure yes so that would be great okay um and uh for the reasons that I I um articulated earlier about the meeting minutes and Scott I'm kind of getting you off the hook on this because usually it's the junior member of the board who gets to be clerk which uh only means you have to read the public hearing notices but I'd offer myself as clerk so that I can continue on uh with the um um with the um uh approval of the old meeting minutes um and then that would be Vice chair Pete are you interested in staying on as Vice chair or would you I'd be happy to okay all right any further discussion well if Woody's up I'm staging a coup you are all right well thank you Larry I appreciate that a v of confidence would it um I know you mean that tongue and cheek well would anyone then I suppose we could rather than take each office individually um we could just move the Slate what anyone here to move uh that effective August 1 Woody would be chair Pete would be Vice chair and I would be clerk so mov thank you Scott is there a second second thank you Mary any further discussion Then Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote Yes Scott how do you vote yes and I vote Yes as well so Woody congratulations thanks you guys we're stepping up more than I can say and uh also the next item uh and it's it's usual uh when we do reorganize to U designate authorized signatures signatories excuse me primary signatory and Alternate for anr plans and invoices and payroll so that is tradition the chair and the vice chair and I would certainly recommend that we stay with that uh Arrangement so uh unless there's any further discussion would anyone uh uh care to move uh that effective August 1st with the reorganization uh that uh Woody as chair be the primary signatory and Pete uh as Vice chair the alternate signatory for an anr plans invoices and payroll all right Woody thank you Woody is there a second second thank you Mary any further discussion all right then Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote Yes Scott how do you vote Yes and I vote Yes as well and that brings us to Liaison positions um we really haven't had a a select board liaison uh the um uh planning director has really routinely reported as part of the planning director's report on on items um for the um uh that come before the select board that are of import to this board so um uh I don't know that we need one does anyone have any thoughts on that all right I think Kristen you're happy reporting back to the board as part of your planner report yeah I think it's I mean if someone on the planning board wanted to regularly attend and report back but otherwise you know I keep an eye on the meetings and I I'm you know I've talked with Tracy and David about just making sure when there items on the agenda that pertain to planning that I'll be sure to attend and report back okay thank you uh so we won't take a vote on that and as far the zba liaison goes I've been the zba liaison for um several years I'm happy to do it I enjoy the meetings but if anyone else has a an interest in it I'm more than happy to step aside but um Larry I think it'd be great continue on doing that all right thank you I don't know you need a motion on that or I just simply continuously as on it's not there's nothing official about these liaison roles so I don't necessarily think it's not a formal position I have absolutely no authority to speak to the zbaa for the planning board it's simply to to report back so if everyone's content with that I'll simply continue on us as EBA Lea on thanks L thank you um that brings us to her first ever planning director's report from Kristen grubs our new planning director um well I I should start out by saying just thanking Larry from the perspective of staff and having been assistant planner for the last year and a half I just really have learned a heck of a lot from your being chair of this board and meeting with Martha and you in advance of meetings and reviewing things and I just think you've done a really Stellar job as chair so well thank you nice to hear thank you um and looking forward Woody to starting aesh you and I can be be in this together so thank you stepping up y um so yeah just to continue on kind of some personal updates um I wanted to formally uh just recognize how fun it was to celebrate Martha at the party retirement party on July 11th I know um many of you were able to attend I have some really great photographs I'm trying to figure out how to get photographs on the website but I haven't figured that out yet but um just really feel very honored to be uh you know carrying on in her shoes they're big shoes to fill but um you know I've as I said I've learned a lot working with her for the last year and a half so looking forward to being director um additionally wanted to say she's agreed to continue on in sort of a um helping out and also carrying on in particular some of the zoning board um projects that um you know that she has helped with as planning director but aren't firmly in the planning department they're in the zoning boards um lap so she'll be continuing on in a part-time role for the time being being so um just you know if you see her inside the office um that's why and then I also wanted to just thank um Ella dueling who I think some of you have met she's been sort of being an informal volunteer planning intern um with us for the last I think it's been 10 or 11 weeks she's been coming in on Tuesdays and learning about planning she's an undergraduate student at University of Toronto um and interested in geography and planning um and she's a obviously well maybe not obviously but she's a Newberry resident grew up in town um so her last day was yesterday um so I just wanted to sort of publicly thank her for all her volunteer time she's helped out with Grant applications she's um done a lot of work on those old minutes catching up the board's minutes she's done some updates on the website and just in general been a really um really fun to have a young voice and you know good questions and good conversation so thank you Ella um and then the assistant planner position which is a full-time position has been posted it's on the town website um it's on math Municipal association website I've been getting it up at um the planning university University of Massachusetts T's University there are a bunch of really good schools in Massachusetts that have um planning programs so getting it up on all their job boards so I've gotten four or five applicants already starting to take a look at those um hope to get the position filled because it's it's not easy being solo in year and missing Martha so um yeah in addition to Personnel news um there's some other planning projects that have been moving forward um I may have mentioned at a previous meeting the um Newbury partnered with Newbery port and received a grant from the flap program which is the federal lands access um program which uh is a feasibility study of the resiliency of Plum Island turnpike so that project um we drafted an RFP together with Newberry Port and that has been posted and applications are coming in bids bid proposals from engineering firms to help with that work um the bid deadline is August 8th so um at some point later in August um we'll know which firm is going to be um working on that project with Newberry on Newber Port so keep you posted on that and then and just a quick update on green communities um again I think we mentioned a previous meeting the town was awarded a designation as as a green Community um which required you know a bunch of uh work planning work development of an energy reduction plan for the town and we received that designation um and then the first thing doar does which is such a great part of the program is say okay here's a chunk of money what are you going to do um but you still have to apply and present a proposal for what you're going to do with that chunk of money so that application went in and it's um the project is to support um a energy reduction initiative at newre elementary school um the town's audit of energy use um determined that newre Elementary School uses about a third of the full energy that's used by the municipality and public you know public buildings and public spaces so that was deemed to be the priority um project U which is great and the application went in last week um uh I worked with public works and um and the town administrator's office to get that in and it's to support um uh uh installing an energy management system in the school I don't think there's been updates um to the um HVAC and other Energy System since the 70s when that school was built so you know they're over 30 years old um and um it'll fund replacing the pneumatic system uh the anticipation is there'll be Savings in electricity national natural gas and a cost Savings of 23,00 a year and um in the cost of the uh you know heating and cooling for the building so so that was good and that's it thank you Kristen so lastly uh item on the agenda we've already spoken um uh the report on the meeting minute approval I think we've discussed those Kristen is there anything you'd like to add that to the discussion um I just want to note you had the hand up might have been about something I talked about so oh I'm sorry a question yes um indeed two questions or two points uh regarding the assistant planning position I seem to recall that the merac valley Planning Commission has a number of people working there that came down from UNH and I wonder if maybe that argues for trying to post the position up there as well I'm not suggesting trying to Pirate someone from the uh mvpc but maybe un would be another uh fruitful source of applicants that's a great idea thank you they do have a really good program and there's also um someone just mentioned to me today at Marat college has a great public administration as well as um LEL so I'm gonna try to get it out there thank you Steve that's right your cup May runneth over or something like that I know yeah the other question I had was about the flag Grant is is there a role for anyone on the planning board to help you contribute to it or whatever obviously I'm scratching my head about that on my own behalf but yeah um so I think I'll know more about that soon I um you if you haven't yet seen the RFP you know uh the bid guidance um it's you know you can get an idea with that but it we've left some things kind of loose but we are you know we did include tasks in the project that will be for public engagement and um neighborhood meetings and that kind of thing so I think there will definitely be roles um for you know residents and planning board in particular and I'll I'll sort of keep an eye on that and let you know probably in August we'll know more about that yeah I'd appreciate it I well remember the maybe not well remembered but do recall the was it horley and Whitten report that was done um couple years ago now and there's a lot of public interest in that as well and there may be some nuggets in that report that would be relevant and appropriate to think about once the proposals come in and with that I'm done thank you thanks Steve I and I will just add some questions came up about the um extent of the project area and it's you know it's limited from end to end due to the what's required by the fed by the feds but um but what we talked about with the new rport resiliency committee is that we think the recommendations will be looking at um strategies that will be relevant for any roads that flood and as we know through our Hazard mitigation work and other things Newberry certainly has other vulnerable um roads so we'll be looking at you know culverts High Marsh culs treatments and the restoration and also so permitting you know opport permitting challenges and and constraints as well as what the path forward is in a in a way that will be pertinent to be transferred to other locations so it I think it's going to be interesting for sure Kristen one question on the um assistant planner uh and the in the I guess the um recruitment process or the interviewing process um how does that how do you get somebody on board how do you um you know get uh you know just the right candidate I mean is it all done um through you and other staff you know in in town hall or uh you know does a select board member or a planning board member participate in any interviewing I mean what's the uhop um I can't really speak to sort of How It's been done historically but what I've talked with um Tracy Blaze about for this is um applications are coming to meet currently and I'm sort of going to do the first review and maybe have early phone calls with people and then when we get candidates in um she'll be involved and I would be very happy to have a planing board member involved I think she'd be very open to that um so I don't know if that's been done in the past but I I'm certainly think that's a great way because the board you know can represent the board and like the issues that you see and that's really I I would find that very helpful okay um yeah maybe we can have some more discussion at some point uh but it's coming right I mean it I don't know how long I know in the business World sometimes it takes um you know two to three months to recruit um interview make a job offer you know it's it's it can be very lengthy um or the assistant planner position is probably um everybody wants it um I would love it um but uh um you wouldn't want me uh but uh I don't know how long it takes but I think um you [Music] know at least one person from the board um you know it might be helpful um yeah so we could figure that out I guess yeah I mean I I'm completely I would love it so um I I think it's kind of up up to how many applications we yet and the time I have to talk with people how quickly it's going to go so to kind of unknowns but obviously I would like to fill the position as soon as we have the right candidate so um I don't know Larry if or Woody as incoming chair do you do you w to discuss that tonight if someone wants to sort of be a point person with that project um I I think you want to talk to Tracy about it and get a sense of where she she's coming from uh I I don't know enough about the Personnel policies uh you know to um uh you know to to make a real firm judgment on that uh you know you could you could look for say a citizen's volunteer input I as one person I have in mind her initials are Mt um um you know I mean to talk to Tracy about it um yeah that sounds good yeah again I I just don't know enough about the personnel byr and the requirements yeah sounds good thank you yeah Kristen um you know if the hiring Authority lies solely with the Town Administrator subject to the confirmation by the select board where I'm going with that is that if the select board has to uh concur with the town administrator's um suggestion you know maybe the planning board would like to be able to uh give an opinion as well since the planning department works closely with us perhaps as much with us or even more so than they do with the select board and that's really just a question for you to mull over or have the other members of the board to talk about right now I I can certainly follow up um with Tracy on that question as well right and again some of that gets into uh Personnel hiring matters and bylaws as Larry alluded to so definitely wanted to ask the question in that Spirit of uh ignorance on my part okay you done we did you have a question Mary I wasn't sure no no I want to hear the president speak no offense ladies and gentlemen well germs I'm all done with my report okay any any thanks Christ we want a griller any furthering but speak all right well back to back to meeting minutes um I I think the only thing left I would suggest a motion to authorize me uh as incoming uh clerk uh to continue to uh review and approve the old meeting minutes I would love to make that motion Larry thank you sir is there a second second thank you Woody any discussion hearing n Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote enthusiastically yes thank you Scott how do you vote Yes and I vote Yes as well so I guess I'm official Kristen and we don't have too much more to go I don't think we we still got a few more uh meeting minutes from uh uh 21 20 21 and 22 I think but we've we've made good progress so we'll get caught up to date very quickly and as far as the current minutes go I think we are up to date now Kristen are we not yep yeah y good okay um unless anyone has anything further I'd accept a motion to adjourn motion to adjourn thank you Woody any second second second Mary thank you any discussion hearing none Pete how do you vote Yes Woody how do you vote Yes and good night everyone Mary how do you vote do I he yes yes and and Kristen so glad to have you thanks very thanks how do you vote Yes I vote Yes and Steve thank you and good night everyone