[Music] n [Music] evening everyone today is May 2nd the time is 6:00 p.m. and this is the aush Planning Commission this meeting is being recorded for future viewing on the town's YouTube channel uh for the cable channel and we are also live via Zoom tonight can I get a motion to open the planning board meeting motion to open the meeting second all in favor I I fabulous can we uh all introduce ourselves Peter Gua member Steve bu member Mike Fran chairman Brian damps member Rick Ellis Vice chairman good um all right let's uh get some meeting minutes out of the way uh did we all have an opportunity to look at the April 18th uh Rick and myself were absent on this meeting uh gentlemen did you three have a opportunity to read this over did you find any issues any changes you'd like to make [Music] I make a motion accepted minutes from April 18th Al second uh all in favor [Music] I uh uh the next uh actually last week uh April 25th uh meeting minutes uh Rick and Steve were absent myself Brian and Peter were here um I read through this uh I didn't see any issues um like we've said in the past Paul Paul and now Haley is is um starting to take over the minutes and Paul's been training Haley and they're both doing they do a really good job on the minutes um questions comments I make a motion to accept the minutes from April 25th 2024 I'll second all in favor I okay moving right along correspondence surfed commission member appointment um we have uh normally when there's a town planner the town planner is the town representative the town planner and the Town Administrator Jamie Kelly is also a representative to sered uh but because we don't have a town planner at the moment we have uh appointed one of the board members to be a representative of the town on for seret uh last year I think it was or sometime last year we nominated Steve bue as um the point person uh to represent the town for sered um is Steve willing to continue these duties I'll continue the duties till such time we get a town planner uh the duties are from May 31st 2024 through June 1st 2025 or until a town Planner yeah is uh appointed um can I get a motion to nominate Steve BU as the sered representative for the planning board of town of aush a motion to nominate Steve bu I got a motion second all in favor I I thank you very much for your service [Music] we'll sign this [Applause] out all right moving right along can I get a motion to open the public hearing portion of this meeting I make a motion to open the public hearing got a motion can I get a second second all in favor hi hi okay so first I have to announce that announce that I am invoking the Mullins law Mass General law 39 section 23d um basically what the Mullen law is I wasn't at last week's meeting so basically the Mullins law is stating that I watched the video on on TV I read up and looked at all the most current plans uh and and I am up to speed on the Keen Road Project so I have signed that and I will be turning that in so that is on record uh forc 202 3- 01 proposed subdivision of land 39 ke Road form C definitive subdivision owned by amn estate holding LLC applicant the engineer falling Corp of Fair Haven Mass this proposal is for a six slot subdivision on a single access Street the plans and accompanying documentation are available for inspection at town clerk's office parting ways building 130 Main Street first floor during regular business hours the applicant has revised plans based on inputs and comments from the planning board and the public from the public hearing on January 25th the latest planned version is dated March 25th 2024 the latest storm water report report revision is March 25th 2024 um like I said I watched the video uh Brian here ran the meeting um I thought every everything went well I thought that all the um changes and updates that Farland did were and that were good and do everything that we had requested um but because we do not have a town planner at the moment and none of us on this board are licensed Engineers uh I am requesting that the set of plans not only go for storm order peer review but I want them to go for peer review for the planning board as well uh just to make sure it meets all standards codes bylaw setbacks and everything else that we might miss so um we already been contact with conservation um they're already in contact with an an engineering company we're going to put set of plans both peer reviews go to the same engineering firm so they do everything all in one shot M um and then they'll the engineering firm will come back with their notes and comments and then we'll go back in front of far Farland will come back in front of us and uh make necessary changes yeah I mean that that's in in line with past practice every time we've had a definitive subdivision it's been referred to for peer review it has yeah okay even even when you had a a town planner did you still end up sending it out yep absolutely absolutely cuz I mean even with a a planner you couldn't expect them to look at some of the more technical part of the the OS including storm water which we even though there's a storm water uh entity now I mean that's still part of our purview is to look at uh how the drainage is being right so so last meeting um what the the last meeting the public hearing was continued to this meeting uh I would like to make a motion to continue the public hearing portion till June 20th it gives them approximately two months to get um peer review done if it gets done by then then great if not then we'll continue it um and I'd also like to make a motion to send the plans to peer review for planning and Stor water so it's going to go to the same same engineering for same engineering so the uh cost will be absorbed by the and by the proponent correct which which you're doing two at the same time so they should be getting a get a better deal they should be getting a better deal yeah yeah and having to do at least we're not having two separate engineering firms rever I know looking at storm water yeah I mean that's yeah would be a little Overkill yeah yeah and it and it the timing might be better as well if you have one person doing it instead of yeah two separate firms um so okay I entertain a motion I would well I would uh second the the chair's motion to refer the subdivision for peer review for technical aspects of the subdivision control laws and storm War we have a motion can I get a second second that all in favor I I and just for the recck it as well can I get a motion to continue this public hearing until June 20th at 600 p.m. I would also make I would make the motion or second the motion to uh refer to June 16th 20th 20th June 20th uh 6 p.m. that will keep it open 20 y here we go have a motion got a second second all in favor all all right can I get a motion to go out of public hearing back into regular meeting so moved thank you very much second that second second thank you okay uh moving right along this is a new one oh I in favor did I I forget that one thank you hi everybody's in favor um this is a new one uh for me um proposed discontinuance of Beacon Street it's a paper Street uh we all have a little map there y uh I actually just took a drive down so if nobody's um if if not everybody's sure exactly where P pageot I'm hoping I'm pronouncing that right p a g e o t t e payot Street if not everybody's aware of where payot street is you go down Wing Road until the corner where Wing Lane is you know where the solar farm is right before you get to the solar farm that right back there uh is that what this is but this is Nelson's Avenue chman street so this is actually right up in the back over here you can get it right off James too right off Jam but it only goes like 500 feet down and then it ends because everybody built their houses I know a cushion and once you build the house you have to put the street in and what happened is everybody built on kushman and built on barsley on each side so there's nobody to build down P so they know know yeah it's like you go down pageot and it stops and it's it continues on the other side right right yeah um okay so this was uh a new one for me um I this is never removal of Pap streets never come in front of me before so I did some poking around some asking around and um I spoke to the assessors and then I went and spoke to well Paul went and spoke to the building inspector Andy baber and he's he was more familiar about the process uh so um Mr Baptist um could you just please introduce yourself for the record hi my name is Robert Baptist and I own the uh land that ABS all three sides of Beacon Street okay so Mr Baptist owns all of it either side there are no other Butters to beacan street so I went to Paul went to um building inspector and he came out with a few things so first we're going to need two separate real estate appraisals of that portion of property two separate real estate appraisals of that portion of property of Beacon Street Beacon Street yeah okay we need an accurate deed of Beacon Street and then you need to petition the board of Selectmen for removal of Beacon Street once it's gone through the board of selectman then it has to go in front of the town at the town meeting and it has to be petitioned to the town and voted upon about at the town meeting now just to and again this is new to me and I'm not sure if it's you know I we I've done a few of them in the past but it's been so long that I don't really remember what the procedure is to to kind of to kind of cover the town's butt and to cover this boards but I'm going to I'm going to send this to Town Council to get a little bit better perspective of what exactly needs to be done so what I just read to you is information that uh the planning board obtained from the town the assessor's office and the building inspector not saying they're right or wrong but that's the information they gave us so just to confirm what they said and just to make sure you don't have to jump through any Hoops that you don't necessarily have to jump through let me go to Town Council he'll get back to me on exactly what needs to get done and then I'll have uh Paul or Haley the the clerk reach out to you with the exact procedure of what needs to get done yeah because you know this is uh cuz I've got another end of of Nelson Avenue that goes into my property also and uh there was a a man here that was in the executive board and he left to go to another town but he he was trying to dissolve some of these paper streets that's never going to be there either due to you know Wetlands or just never going to be put in and people have using them for yards even one built a garage on it so he was going through that process but then he left the town and then I heard from a lady that that watches all the town meetings and she told me that they're going to start dissolve in the streets or I wouldn't have bothered because I'm taking care of it anyway I'm in between everything that's where I think you won't have much of an issue because there're aren't any of Butters usually when there's issues is when you're on one side so each butter on each side would probably most of the time would assume to the middle the Cent line of the street yes my lawyer told me that right but I can see that the they you do have the town has to at town meeting say that they're going to dissolve that stre they call it abandonment in the in the law I got a copy of the Massachusetts law on paper streets it's five papers and I gave it to the assessor office she's got a copy if you want to look at it you know even on a paper Street you know they say the butters which is at the length not at the end of a paper Street have the rights to anything that's going to be changed and they're talking about the paper Street cuz is there it's fixed it's in writing you know it's there it's just not put in right so this you know I've been reading all the laws and it says that you know like I'm in a butter and you're in a butter and you want to put a road through there I think I got a right you know put a road through there is okay cuz that's there but to add to it I would have some kind of say you know cuz that's what what made me look at them streets is I'd like to know what my rights are right as in a butter now if you want to put a house back there and you get the end of the street it says in the in the laws that they don't have no rights people to the end of the street you know it's but it like I said it's also you need to be a lawyer to read these things exactly uh you need to be a lawyer and then there's all kinds of you know if there are people that have uh landlock pieces of property in the area that would possibly use that to access theirs in any way shape or form this has to be you know again just the te's need to be crossed eyes need to be dotted and make sure everything is done the proper way y I agree with that I just can't say yep yours no I I just thought it' be a good idea so that way if P J ever came through that's going to be the only access this town I'll let you know to the other side besides Wing Lane because bosy is not going through there's a person that owns a piece up there and the house that was just built there just took the whole paper Street and made a yard out of it so I don't think Bosley Street will ever make it even though that's closer to so what's on the other side of P private what's on the does it turn into another Street at through the woods or is that no pay would if you put payot in it would go right through from James Street all the way all the way up the Wing Road oh so James Street would Connect into P yeah no James Street p is here's P James Street is over here okay so this it's basically it's going it's going to run through what's on this side that's what there's Woods or whatever there is in between the I remember correct well my my little map there was showing it it ain't showing where my land is because it's all Woods even the P everything is Woods there and like I said unless somebody builds a house in there and from what I understand it's too wet in the middle of there yeah you could put a road through there probably you know the town right but order to build there you would be a problem I don't think any more houses are going to be going in there else I would keep it because then if my back lot was buildable CU if you look see the big lot I got in the back my next question that's an acre in a quarter but it's from what I see it's too wet even though my neighbor on the in back of that wants to put a house there and I don't understand that one you might be within you you know um you might just want to think about it a little bit you know depend on what you want to do because some it might be buildable there no more land exactly you're in a village area so you have sewer up there so things change a little that area is not in the uh in the village I wish it was oh it's just outside of it right there my one lot I got there which is is uh right at the end here I would have to show it here because they they made the black lines for it I I over here there's 514 on this side no one one one at the top it's all one big one big piece now okay the assessor you know put two Le Lots together they put all them together but that one little lot up there is actually in the the village where I could put a house that's where I would like to put my house right but he said this this line here so he owns both of these right but I I think this is the one he's talking about that's in the it's yeah it's a 142 by 72 in the front yeah yeah off 142 of kushman at the end of kushman between kushman and Nelson yes that's it yeah that's the original lot I bought and uh that was and and I got a paper from the last building inspector and he says it's meets all the regulations that lot yeah okay so why why do you why do you want to uh discontinue I take it Beacon Street in its entirety yeah well the reason why it was because I it would attach that the other one on the other side and someday that could become buildable it doesn't meet the requirements because like I said it's not in the village so it has to be 150 ft M Frontage and all the other requirements it it meets you could put a house on that other side where you were mhm the fence is my fence you could put a house in there but it doesn't have the uh it's an an an make in a third I believe now and it's only 3/4 of an acre so that you know so if I got that someday if I had to I would I don't want to cuz I like the woods I like the animals yeah okay if I had to sell that someday I figur I could put them both together if I want if I had to that's why I wanted to keep it separate and Beacon Street wouldn't be you know in the way try to say yeah yeah but he's right too you know Beacon Street that's also 150t Frontage the H on Beacon to that other little they Chang the rules or or like they did on the end of uh uh Penbrook they made it part of the village y then some of them lots would become buildable if you could do it you know with the wet in there you know right but I kind of thought maybe it would never be you know little right in that area where Beacon is cuz there is a you know the it's it's what they call a dry stream it runs through there I get all the run off from everybody comes down and then it comes into the middle then it comes down to me and then it comes down to a little runoff that goes all the way in the back of that property of mine and it goes all the way back and it goes towards the uh solar panels yeah in their property and then I don't know where it goes after that goes into the woods and it dissipates but right now it's still a little wet there but 3 weeks from now you could drive anywhere on that property it'd be Sol as a rock I was down there I was right at the very end here the PED ends here and this house right here is this house here so this is all the wooded area here that we're talking about here this house here is this house here and where it says Baptist here all these W this whole wed area here that's the end the page out right there it's ultimately up to the yeah yeah this is I mean like I said I don't think we have to the he said it was a time administrator he told me to got to go to the planning board first so I actually to give you a better idea from just trying to tell you what I wanted to do I get a surveyor which I thought is crazy to pay a surveyor and then go no you're really it's not going to be a waste because this is proving that you're the only AB but okay this is not waste of money this is going to go a long ways when whether you go in front of the selectman or whoever you go in front of this is proven that a certified survey has surveyed the land and that nobody else AB buts that street so it's not that's not a landlock yeah it was worth you doing that you know I thought of what he said you know maybe you don't want to get rid of it because Someday my back lot might be buildable back there but I don't know you know I'm not an engineer right well the the end of the street is not Frontage so the end of Beacon street that that doesn't constitute Frontage not at the end no no and as as the same the same goes for C and Nelson you know the end of those streets there that's not Frontage well if you were building a house I think uh if you were building a house and that was part of your property and it came like this the end of the street at an L that could be considered your Frontage also again if it's just the End of the Street that's not no not considered as Frontage no no because that's what the law says that I read and like I said it anybody's really interested she'll give you a copy of the Massachusetts state laws and it says anybody at the end has no rights and then anything done on a pain the street if you are well you you have the right to access your property via the end of Nelson via the end of kushman via the end of Beacon yes uh but that doesn't constitute Frontage towards a building lot right but certainly you are entitled to access it and and that that's one of the considerations in discontinuance of a street okay is if the town discontinues the street and there is another a butter who feels that you've taken away some of his Frontage or his access he actually or she they can actually uh sue the town for discontin the street well that's the only reason what what I'm talking about there is a whole different thing than what I'm looking at it's I'm talking about uh melee they wanted to put a house back there two years ago they perked it and I'm saying how can you divide the property up and give somebody else access to a paper Street even though they add to the street and that was my whole purpose of looking up paper streets you know they and I ain't a lawyer so I couldn't tell you but it says that they don't have a right I mean as much as I don't want to make work for for anybody the best way for you to make sure that you get what you want out of this discontinuance is to get a lawyer and he'll he will guide the process but he will guide the he or she will guide the process so that it gets done properly and you get what you want out of the discontinuance okay that's uh that's the most assured way that you will get get what you want okay so I will send this to town our town councel and get the best course of action for us and for you and then I'll let me know what I got to do I'll get back to you I'll have Paul and Haley get back to you and let you know what the process is all right great thank you very much have a great day good [Music] weekend um okay in the meantime I'll see if I can uh watch the uh the last meeting that the subdivision went to yep um obiously there were some things that happened there so yeah if you watch that then you go to Pam she will fill this you sign this little piece of paper right here saying that you saw everything you're up to speed and then it kind of covers our butt that yep and then you can vote on anything in the future where did you where did you watch it right on YouTube just go right on YouTube put in town of krishn and they're all there okay or you can put in town of Krish planning board and everything comes up okay so um oh she left um as as I recall and it's been years at this point and my memory is nowhere near as good as it used to be um they you're right they petition they have to petition the select to discontinue the street in its entirety or a portion of it and there has to be a written description of what is going to be discontinued what what they what he wants to have discontinued and then usually the as I recall the selectman refer it to the planning board for their uh for their input and ultimately it has to happen at tunel meeting Y and uh I mean the ones that I've seen that have been associated within the past I mean if the Selectmen don't have a problem with it the planning board doesn't have a problem with it generally yeah and because they're on any of Butters I don't see I mean dead ends into his property anyways and he's on both sides it's all formality after that yeah it's a formale yeah so we'll uh we'll get Town counsel to uh chime in and uh is there anybody out in Zoom that would like to add anything to today's meeting okay so moving along uh to planner nothing long range planning nothing uh nothing else came in within the last 48 hours our next meeting is Thursday May 16th ises anybody on the board have anything they'd like to discuss or bring up or to talk about all will entertain a motion motion to close second second all in favor thank you good night [Music]