[Music] time is 6:00 and this is the acet Planning Commission this meeting is being recorded for future viewing on the town's YouTube channel we are live live via Zoom tonight and is there a motion to open the planning board meeting motion to open the meeting second all in favor can we please introduce ourselves to the audience Peter Gua member Steve bu member Mark Francois chairman Brian damps member Rick Ellis Vice chairman all right did everybody have a chance to look over the meeting minutes that Haley sent to was for June 6th we were all in attendance anybody find any comments questions concerns I make a motion that we approve the minutes as presented and tiped second second all in favor fabulous all right moving right along can I get a motion to open the public hearing portion of this meeting a motion to open the public heing I got a second I'll second all in favor I I this public hearing is for a form C 20 23-01 proposed subdivision of land 39 Keen Road form SE definitive subdivision owned by amn estate holding LLC applicant the engineer is Fallen Corp of Fair Haven Mass this proposal is for a six slot subdivision on a single access Street the plans and accompaning documentation are available for inspection at town clerk's office farting ways building 130 Main Street Street first floor during regular business hour now the applicant has revised the plans based on input and comments from the planning board and the public from the public hearing of January 25th 2024 the latest plan revision of is dated March 25th 2024 and the latest storm water revision was also March 25th 20124 um these plans have gone to peer review uh the engineer GF is peer reviewing these plans they've come back and they said that they would most likely be done with storm water peer review around July 24th and hours shortly thereafter so um we are going to continue this public hearing to August 8th 2024 6 p.m. which is our next meeting following the July 24th St water meeting can I get a motion motion to continue the public me to July 24th August 8 what August 8 August 8 sorry August I get a motion can I get a second second all in favor I I uh I make a motion to close the Keen Road public hearing portion of this and open the Quaker Lane public hearing part of this meeting so move second second all in favor all right uh this public hearing is uh 20241 this meeting is held in accordance with with and pursuant to the provisions of the accet general bylaw zoning article 8 section 3.3 C 13 common driveways the petitioner is Tom terol of 10 110 quain kushit and the owner is th fall Family Trust of 2017 with an address of 112 Quay a cush Mass map 12 Lot 19 the applicant is proposing to improve an existing gravel driveway to to the planning board standards for the access to the existing dwelling at 112 and to an additionally newly created res residential lot known as Retreat lot one a uh 33,44 ft common driveway easement is provided for travel and vehicle turnaround area the proposed common driveway would service two residential lots shight at the viant Leon Incorporated is representing the applicant in this application the accompanying documentation are available for inspection at the town clerk's office parting building 130 Main Street first floor during regular business hours Mr Leone good evening Matt Leone with Schneider Le I have the notification on a Butters green cards thank you very much oh wait a minute uh give me one quick second take one you this one here you you [Applause] ready uh property is located on the sou side of wigle Lane just west of the Town Line uh it's approximately 18.6 acres in total the site was divided into two lots Retreat lot one and two through an approval not required plan approved by this board on February 8th of this year uh the applicant is Seeking a special permit for a common driveway that will allow access to retreat lot one so their son and daughter-in-law can construct a single family dwelling uh plan tonight depicts the improvements and upgrades to the existing gravel driveway that is to remain in use and serve as access for the two Retreat Lots as well as to redefine the common driveway easement that was originally shown on the anr plan uh the change to the easement is wasin the turnaround area that has been reconfigured to better allow for the current house safe plan design on Retreat lot one uh the existing Gravel drive has been servicing the property for many years providing access to the existing dwelling uh number 112 12 and the property's agricultural related uses it me or exceeds the minimum 16t width throughout and will be continued to be kept clear of brush and vegetation along the shoulders the applicant is proposing a 30 foot long paved apron at the entrance to Quaker Lane to provide a stable transition and turning area at this intersection in addition a gravel turnaround area is proposed at Retreat lot one to provide accessibility to emergency construction and delivery vehicles this turn turn around will be constructed to the planning board standards with a minimum width of 16 ft and cleared width of 20 ft Chief Farland of the Christian fire department has reviewed the current layout and has indicated that the existing driveway and turnaround configuration has proposed is sufficient for the Department's apparatus a copy of his correspondence was included with the uh the application package that we had submitted uh both homes are and will be serviced by private Wells and septic systems fuel for the homes will be separate from each other and in the form of either like propane or oil or something like that um electric service easements shall be drafted and recorded as required between the parties and utility companies as needed to ensure uh access and maintenance of the services uh the bylaw insists that no building permit be issued for construction until this special permit has been granted by the board and it has been recorded along with Deeds that will include the language set forth in form o any utility easements needed and a declaration of easements and restrictions that will ensure the maintenance of the common driveway and perpetuity we have included a copy of the form o and the proposed uh easement maintenance agreement with the permit application for the board's review uh finally the applicant understands that no occupancy permit shall be issued until the planning board has been satisfied that the common driveway has been constructed as approved and all permit conditions have been met so essentially the uh the existing driveway uh has been in existence as I said for many years the changes that we are proposing to the driveway is the paved apron as I mentioned to create that stable um uh turnaround area excuse me turning area and access and we are adding this Hammerhead turnaround here that will provide the um turnaround for uh construction and emergency service vehicles um the existing Hammerhead that we had shown on the original anr was a little bit more into the lot and we have reconfigured it um still within the planning board specs so that we could get a little bit more have a little bit more push towards the um uh towards the easement rather than um creating setbacks that would interfere with the layout that the homeowner is is looking to do on the home um again Chief Farin mentions in his correspondence that there's plenty of turnaround area within this parking area here uh to service the L 12 excuse me uh house 12 any of the barns um or other structures or facilities that are here and again this is the existing conditions that has been here for for for years um I've brought along some photos of the site these were taken just a few weeks ago um this is the entrance off of Quaker Lane into the into the site and um these kind of give you an idea of this is kind of looking directly in the middle these two here give you an idea of what the site uh sight lines would be out of the driveway uh this is another uh drive a picture of the driveway as you enter in and these are some photos as you walk along it's it's in really great shape I mean they do a great job maintaining it um and as we come in this this where my vehicle is here is essentially where the turnaround will end up being uh once they do have that constructed and this is a view down the uh the lane way towards the uh the back area with the barn and the other Associated um structures and uh the dwelling number 112 which is shown there in the corner I do have some additional photos of the care to do them a little bit more of the same but you want to take a look any questions thank you yep we'll flip it back to the uh time ni look at [Music] pie ni road too yeah the road good sh so where your vehicle is here is where the Hammerhead would be yeah essentially they've already started removing as you show as we show here there are some there was some stone walls and some Rubble here that's going to be removed and I think they have a little pull off right there and my truck's like right there and that photo so this whole Back Barn area and storage and everything that stays with lot to correct that's correct yes the only the only lot that's we're providing any additional access to is this Retreat lot one which is um essentially the the neck and the uh here up to the stone wall that bold dark line kind of separates the two the two lots and the three lots quicker L Quaker Lane these three right here those are just separate Lots yes these are completely independent Lots fronting on Quaker Lane with their own Frontage and access uh off of quick the only the only access that this driveway will be providing is what it it does now which is the the farm facility the uh home number 112 and now the only additional will be another single family home for uh for the uh for the the son and daughter are there houses there's houses Beyond 112 no okay but there are lots that are owned by somebody else back there there are there are lots that that do extend beyond here but there there's nothing developed in that in that area and there is no um RightWay or anything that goes beyond that there is this RightWay here uh does it's kind of funny the uh the owner of this lot Morse also owns another lot down here it's all Woodland but this is a this is an access way to get there I don't think that it's being used but it is a record right away right way record so that person does have a right of way through the from the same beginning they have a right to use it not this road they have a right of way through here ah yes to access from their property here here along the sideline here and down through here oh got you it is independent of the uh right of way that they show going right or the or the uh driveway that they have there what they show going right through the bond the yeah the the barn is built in in in part of the RightWay yeah y it's it's not it's all brush and it's all overgrown it's not being utilized it's just a right but what happens in the future wants to use it do they have to move the B that's a a question I'm not going to I'm that's a question for land Court yeah yeah that certainly would qualify as a a uh what do they call it a dilemma no no adverse POS ad posession adverse possession yeah it certainly is a open open and notorious use of the right ways especially know for years and years and years it's been like that yeah yeah I don't think that that there there is any intention to access the lot in that manner I think it's something from the you know way back when but it is you're correct it is existing that's why we show it on the plan to uh to denote that there is an incumbrance on the lot hold notorious and exclusive that's you have to approve those three things to get adverse position for a period of 20 years yep not permissive either that's correct that's correct I would um like to see that maybe the head of the DPW can maybe do a quick inspection of the H the new Hammerhead and the road uh once everything is completed absolutely yeah yeah that would be prior to the uh issuance of the occup department correct yeah any questions gentlemen no I mean this is an old property it's been like that for a long long time uh I mean the the alternative is with no special permit for common use of that driveway well then that just puts another driveway out onto onto the street you know I mean that's really the the the purpose for having a special permit is so that you don't have like there are in some other places of town where people couldn't get together uh three driveways one after another y I mean the only thing that's happening here is the him ahe that you're adding it yeah an additional place to turn around yeah Hey cuz there two Retreat Lots you got a you got about 150 ft of Frontage for both which all you need is 80 if I'm not mistaken that's correct I think it's 40 and 40 for the minimum yes is there anybody from the audience that showed up that got notified by the yeah this is a public hearing thank you very much uh is there anybody out in the audience that's here to discuss this or out on Zoom that is here to discuss quickly Pro oron answers that um okay um you went over uh in your beginning presentation you went over a lot of what I was going to ask you uh regarding easements and and uh forms n and O so I mean you're two steps ahead of what I was going to ask which is great uh we'll have uh the head of DBW uh give his little thumbs up on the on the driveway when he's when it's complete before you get your building permit uh the two lots check off all the boxes that are needed for the two lots and we have a letter from the fire chief uh approving the turnaround so I mean I would like to see the a copy of the proposed easements before we actually do a vote on it I mean there should be a vote for Access and if there are any utilities that are going to be shared by those two lots I mean we should have a copy of that I I agree well well tonight we if we we tonight we'll do a vote on the plans that were presented and uh approve or deny the plans that were presented then Haley will write up the actual permit for the common driveway which we will then again vote on at our next meeting okay and sign okay um and then if if uh Mr Leon can present us with that easement you know let you ask those are critical you know that each person that has uh those lots should have the rights to access and the rights to run utilities to get up to their house that's all yep I mean that's there is a draft that was included with the uh package that gives a uh Declaration of reciprocal easements and restrictions that you can review I think the only other utility easement that would be required would be for the access to the El Electric which is already on site but uh as far as a cross seing I don't know if that would come from the utility company themselves if that comes from ever Source or if they're private pools I can't give you that answer tonight um well no no no no that there should you know one of the one of the easements should be for the benefit of lot one to utilize the existing electric line that's all okay I mean other than you never you never know who's going to own these things I mean if you have two different owners and one of them has the the electric line and then holds the other the other future owner at uh at arms length for money in order to get access to that electric line I mean we're we're trying to prevent that okay you uh it I mean I don't know where the electric line is but in this case should somebody buy this and they get the the electric line on their property then they could shut off uh the existing house and the existing barns uh without some kind of agreement okay so I would not be anxious to uh let that happen well I would have you read the the the one that was included in the package just to make sure that we do need something additional and if we do we will absolutely prepare it for it I will it doesn't have to be complicated I mean just simply allowing whatever you're calling it what uh existing Retreat lot to uh the right to uh use the electric lines um and also uh existing Retreat lot one the right to use the existing electric L that's what was in there there's no water gas St up there yeah I think I I read through that briefly I think that's that list of these on is on there we'll look at we'll look this over if there's any issues I'll reach out we'll have Haley reach out to you guys absolutely um prior to next week's meeting uh but we'll look through both of your packets and make sure that everything's I didn't see that on the on the computer no I don't think she put that en time that's that's their application uh she didn't put the entire application online she just put the plans on I I I apologize no no worries you didn't read it that's fine all right uh are we good are you good I'm good he's good can I get a motion to approve plans as presented I'll make a motion to approve um plans on for common driveway construction easement plan I got a motion can I get a second second oh he did second can second it all in favor I all right all right gentlemen get your writing writing hands I don't think that you need I know Heather included the myar in the package when she submitted to you I don't think that you guys need to endorse that um I can record that plan as was called an 81x a no new lines and ways plan typically I would have just come in with a construction plan the only change was to the easement um we did modify the easement lines on the plan but I can do that with my signature and uh and submit that to the registry for recording and reference in in the deeds and it would reference the set of plans that we already plan yes both plans would be Reed correct okay so we don't need to sign I don't think you need to sign that these all these sets to the only other thing I can think of on the easement is the you know before a building permit is issued those easements should be in force for both of those lots I mean right now if it's a common owner for both the Lots you can't Grant an easement to yourself right it it does sayate in the in the BW that it has to be recorded prior yeah okay yeah so those have to be put in and uh recorded and that's part of that'll be written on the permit that we will sign yeah as long as the building inspector doesn't issue a building permit for lot one uh until the easements are in place and record gu right uh all right so we don't need the sign and you don't want your Mya I do want my I want my Mya back now when I have to submit oh thank you we'll just take these copies back at one point one of those bars had the beginnings of a a sawmill in it way in the back way in the back way in the back yeah did that did that ever uh get operational there's equipment in it and it's there I don't know whether or not it's actually being uh in use today it doesn't it doesn't matter I just uh I remember good memory it was one of Dick's uh pet projects yeah I mean there was there was definitely equipment in there whether or not it was active as a you know I don't know currently running Mill I'd have to ask the the owner yeah well it doesn't matter again when when he showed it to me I mean it it it looked like it could have been made ready to uh to work relatively yeah relatively soon okay so we've made a motion we voted everybody's happy and we don't need to sign okay good that one thank you the appreciate [Music] it all right I don't think there's been another proposal for a special uh permit for a common driveway in the last 20 years actually you had one a couple years ago which one road oh yeah oh that thing yeah that no I don't want to talk about that see that forget there were about three proposals for far the watch back there I'll make a motion to move out of public hearing second all in favor okay back in regular meeting uh discussion of the topics anr 20245 for a plan of land prepared by Rolland Ola on 231 m poisa road map 10 through 14 law 14a of a cush MK the project engineer is Outback engineering Inc in Middleboro Mass the purpose of this plan is to create lot one and lot two as shown on the plan drawings I'm assuming you are from Outback engineering please introduce yourself J bab call back engineering thank you basically uh straightforward for apologize give me one a quick second gentlemen take a quick peek a little bit closer I said pretty much a bre forward oversiz lot with one building we're just creating one to lot has the frontage has the area me dimensional requirements so lot one was the original owner of all property with the house on it h that's correct y l one and we're going to cut a piece out of it and make lot too the frontage is more than enough mucho mucho lots of Frontage and plenty of area yeah you got 56,000 up 65 total I appreciate the little zoning uh reference square up on the top left and uh helps us make sure that you're meeting all the um setbacks oh yeah you got to have that you surprised how many people don't [Music] it's about as straightforward as it get yeah that's about as straightforward as it gets I mean all kinds of Frontage both frontages are on a public way plenty of lot area um set back there to get square footage visting house setbacks are still there I like the a motion motion to approve the plan as submitted second all in favor all right now you get your writing here now let's open all these up put them on top of each other is the thing just oh it is open right there yeah beautiful close them up real quick you guys sign them right here we sign for right here right now and I'll give you my that's nice You' be surprised how many people don't do that well it takes a minute but I'd rather you not have to come all the way back appreciate that start it [Music] off there's another one of these [Music] here you go Y no worries [Music] today is what is [Applause] right thank you gentlemen appreciate your time thank you very [Music] much this night for you guys huh thanks thank you you all continue signing Let's uh let's move on all right so um Robinson Road solar project proponent is next discussion of additional project screening due to A's concerns next amp has responded with office to compromise C the attached correspondence um so you all have uh in your packets so we we had proposed if you recall a little bit of background on this we had some Butters come in um not really liking the um screening that's there the planting screening that's there and they were asking if we could put some kind of a screening on the fence uh at least for it to last long enough until the trees mature and block The View uh we went back to um nexamp and asked them if they could do the uh kind of the plastic weave in between the chain link fence come to find out that's not an option this isn't this fence isn't exactly a chain link fence it's kind of more of a farm fence with like bigger slots bigger gaps so the um plastic uh slats weave through is not an option uh they came back with this Perma screen um it is I'm sure you've all seen it on construction site it's kind of that you know it's not see-through but it does block the view and air can get through uh but yet it does give uh a form of privacy to the um the solar field to the proponents I'm sure you know the examples they give us have words on it I'm sure this would just be a plain uh brown or green or dark green um screening um this is in conjunction with the screening that they've already planted I've I've driven by and um they have planted some trees uh they've done a lot of the planting I don't know if it's 100% complete but they've done quite a bit of it um they are having issues there a lot of them dying but that's that's up to them to make sure that um they uh they all live and what not so they next amp has agreed to extra screening in the original because one they went and overcut what they weren't supposed to it was supposed to be uh partial clearing they went there and cleared they came back in front of us they said that they were going to put in uh double almost double the amount of of of screening vegetative screening everything was approved and agreed upon then we had um Neighbors come in and saying that the screening was too small that it would take time for the screening to grow so we went back to navon for this type of screening I think it's a good compromise we all know that this screening doesn't last forever it doesn't last a long time I know it can take a beating um nexamp has a read to put monies in escrow for future screening so if anything happens to this let's say during the winter time you know a lot of it gets beat up and well it's going to have to be uh fixed and replaced uh but as of right now I think it was a good compromise for them to come back with this screening um their quote from their contractor it's going to cost them an extra $16,000 to put in this screening uh and that is in addition to what was already approved by this board for V vegetative uh screening for trees and whatnot so my question is um were they supposed to put a chain link fence I do not think so I think the fence that they put in was the approved fence by this board five six years ago so you kind of unfortunately that's what got okay but but I know in the future we would never do that again and right right and again just to kind of uh emphasize on that when years ago when this town started getting inundated with solar and we had never done solar before and this board never dealt with solar before this board was Flying Blind a lot of the times on what they should and shouldn't approve as the years have gone by and we've done quite a few more solo projects and we've learned quite a bit things like that fencing won't be approved in the future uh but um it's just things that we have to learn and and the new solar bylaw is also something that's you know a lot more strict and stringent than the old one so that will help out too with all the new um new solo uh projects that come in front of us but right now we got to kind of deal with what we've got um next amp was good enough to come back with this solution um I think it'll if I can be assured that they weren't supposed to put a chaining fence that's the only question I've got I would have to yeah I mean the previous previously supposedly the they had to put a fence in just to to satisfy the electrical code and okay but they weren't but in terms of something that would would do score visual score screening uh of course the electrical code doesn't address that um I they they I mean they've got some other they've got some other things that they've got to satisfy to keep fencing up there to keep people out and to satisfy the electrical code AS was explained to us before right um I honestly from from what I've seen of a couple of these things going in uh any kind of plantings they take 5 to 10 years to develop you don't know whether they're going to live or die you know you don't know who's going to own the thing in in the future I think you need to put up one of those a solid fence of some kind you know like the plastic one that's up along uh Main Street yeah uh that will satisfy the neighbors they will get an initial they will get a some screening right away uh I have to measure the height of it I I would agree with you and I think that's something that's just discussion right I agree with you completely uh I could agree with you more um I think that is something going forward that we will definitely right be doing um but once this board has approved the set of plans as is granted we do have the authority to make minor changes here and there to the special permit uh but we cannot modify the entire set of plans we can't tell them to rip up their fence and put in a new fence cuz it's already been approved yeah I mean one one way to try and get cooperation is okay here's your set of plans this is what's approved if you want to change anything on these plant it's not approved unless you run it past us whether it's taking down all the vegetation instead of just some of it if there are two panels that are placed differently then shows on the permit plans that's a modification you know so that we should if you don't want to give us any ability to modify anything well then you've got to go through the process again and request approval to change the panel layout to change the panel count you etc etc etc I mean they if they were playing I mean if they totally said no we're not doing anything I think they had a problem yeah I think I think this is a reasonable this is a reasonable thing they would had a problem because they they by cutting down all the trees make this issue right right I agree and but they did make this issue and they did agreed to plant extra trees to kind of fix their problem or fix their mistake so to speak and then this is kind of a compromise to try to appease the abutters at least for the next 5 years or so until the plantings grow high enough you're not giving the plantings any kind of a head start to get where they need to be because they're already dying so they should be maintain this to make sure they get to that without a doubt but there is there will be and Haley is actually sending that email out sent it out this morning there will be uh ass Charities put in place cash Charities put in place just like we did with wing Lane and all the other ones that we've done there will be cash Charities put in place to make sure that vegetation stays alive and grows it is their responsibility you know to maintain that and if once they die they have to replace them and make sure just I get it I just not having the plans in front of me cuz I thought we had some discussion here I was about the plant what had to go back because they took it all back out we talked about different types they even put in the right type of planting on on the other side all of that stuff is right now is what I I'm just the plantings were all I'm okay with this but as long as long as the the the fence is was the fence with that was approved it's a wire fence not a chain link fence I will look into that yeah if they cuz if they own a chain Lan fence then they own a CH what I'm thinking too though all right we got that you know cash shy and everything but okay say a year from now a year and a half the trees are pretty much dead we're going to we're going to have them replaced but when we replace them we're starting over again you know what I'm saying we're put these small little trees in again we're they're never going to get any height to them because we keep replacing them yeah and they may they may not tolerate the moisture in the soil on the back side uh they may not have the right Sun conditions I mean it would have been a lot easier just to leave what was there there you know in terms of brush uh if you don't touch that buffer area in 10 years it's going to be cherry trees and brush and you know there there will be a screen there oh yeah you know uh even if you did nothing from planting as long as you leave left it alone but if you go down if you go through there and you clear it out every 3 5 years well then you're never going to get a screen there at all um I mean I I think this is reasonable for this particular project I'm a little bit hesitant to agree to something on other projects that that we don't know anything about yet no no no other projects that are new projects that will be coming well they allude to you know two other projects that uh that were approved right but that's that that doesn't that's not going to okay I'm not I'm not comfortable in giving them it's per any indication per project per project thank you and things change yeah okay um and as as far as I'm getting the only major concern is the CH the fence that was approved was the fence that was installed fence that was that and the plantings that we discussed here CU we that wasn't that long ago because because they took all of that out they're putting in what we talked about putting in what we approved this all yeah right yeah no they they did plant a lot of stuff there it's just unfortunate it's a bad time of year and it's 95 de right I know things don't always take very well just like Rick said it get they get too much if they get too much water enough or not enough they'll drown we'll keep an eye on it but for the meantime uh this will help the neighbor this will help the neighbor can I get a motion of some sort yeah a motion to accept the the per screen 80 the permas screen 80 uh as proposed do we get to pick the color or have they picked one I don't think they have but I'll definitely make sure red is probably not what we're looking for R and blue is definitely not what we're looking for so black or brown is probably I think it it'll take you know to try to look like the surrounding vegetation mhm uh we have a motion can I get a second second all in favor I I all in favor oh I sorry I that's unanimous thank you very much I just want to make sure that they don't come back and say hey not everybody said iing I second all right is there a motion to approve that's this screening is in addition to the we did that already all right uh no other business came in within the last 48 hours uh gentlemen is there anything anybody would like to discuss while we hear good our next planning board meeting is Thursday July 11th can I get a motion motion to close the meeting second all over all s [Music] [Music]