##VIDEO ID:zCX5DIw9mcU## added and that would be a conditional approval correct or we have um the denial um which would re repeat for us again and I'm sorry Jack did you have another question I guess my I probably talk away editori but if rhino ever found out we've made all these conditional changes for these folks with all the money God knows how much money they've spent on that like the hospital they're going to say whoa right it's okay for me but it's not okay for them that's my concern I agree I I just think you know you got to draw a line in the sand either either we want these to follow these regulations or we don't and I I don't want to do anything that's not in the benefit of the town if you guys you and am think it's the best thing to do conditions I'll change other than that I say no I think I I think I'm leaning more towards the denial myself honestly um it looks like there's a question from Nick Val valoo uh Nick fello twin boys LLC uh I I know this uh the public portion has been closed but I was wondering if I was able to correct some comments I heard that I do not uh feel were accurate he can't no he okay we we we specifically noted and and and made it clear that the public hearing was closed he he requested the public hearing be closed right I I am the okay right okay so we're just we're we're coming to a determination at this point right so I can't ask any questions if there's something for clarification that is that allowed Amy or no you're not allowed to take any new information okay thank you so no not at this point well it wouldn't be new information it would be clarification and questions on what you have previously discussed at this meeting no we were we specifically stated that there would be no comment it was your they requested the public hearing be closed that is exactly why when I was sitting there I said if they want if they are going to close the public hearing there's no more public there's no more testimony cannot take any more testimony once the public hearing is closed thank you Amy all right so um is anyone ready to make uh the motion or that Amy has prepared for us for denial or um go ahead David or for condition say if Amy could say it again and then I'll I'll say so moved sure um I did just lose my contact so hold on okay so it would be a um it's a motion um to uh deny the project which the planning board acknowledges is an as ofri use pursuant to section 270 D or pursuant to yes pursuant to 27067 F the requirements therein not being met uh so moved there you go okay so we have a motion second we have a second and I will do a roll call vote um all in favor Dan wilga no no so this you're you're your no to the motion that you just seconded you're are you a yay or a nay the motion is to deny you want to be a yay David a yay is to deny it [Music] [Music] J are you with us we lost okay um we need to wait um what we call hold on maybe he's going to rejoin [Music] okay hold on arey you going to join us okay so we'll wait we'll wait for you you can log in okay byebye log in KY how did that gentleman get in on that meet this meeting he's allowed to he's allowed to view it yep no they're allow anyone's allowed to be on the meeting it's a public meeting so welcome back Dan can you hear us yes I can sorry I lost sound okay all right so we have a motion I'm actually gon should I start over Michelle just so we know that we know that everybody can hear okay so um it would be the suggested motion would be a motion to deny pursuant to uh to deny the use which is an allowed use to deny the site plan because the plan is not in conformance with section so moved okay so we have a a motion second in a second and we were taking a roll call vote um so Dan yeah uh Dan wilga nay so you're you don't want to deny the sorry sorry I I I do so um I I make a yes so I okay so uh David I jack I and Macker and I so the motion carries unanimously with the four planning board members present so we have a denial and um Amy are you Kathy did you get that denial or do you need it anything additional did you get the word yeah so um um so Michelle I will um I can I will work with you and Kathy on um drafting the decision um but I'm just check when is the um when was the decision due we talked so we had 21 days and that's why we were meeting this evening right1 hold on looks like we're at 12 days yeah I believe that's where we're at so a decision would need to be by December yep okay so um so um Madame chair how do you guys issue your decisions do you have just the chair sign them or does um the board sign them how do you do that just the chair signs okay great so we will coordinate with you on getting the decision um signed and filed with the town clerk by the um by the 5th okay should we take a a vote for that as well for me to sign it sure you can okay I'll uh take a roll call that would be a motion to allow the chair to sign the decision so if somebody want to make that do we have a motion second and the second and a roll call vote Dan wiga I David I jack I and Macker I so I will work with Amy and Kathy on that and sign it as soon as it's available yep we'll get you a draft okay okay how soon does the developer owner see it I'm sorry Jack what' you say how soon does these the owner developer see this decision so I I think that when it's filed with the town clerk Kathy in um lets them know or is that how it goes Kathy uh yeah well usually it's they know because it's been approved so they just wait for 20 days but I I'll let him know as soon as we file it yeah that would be great all right agenda item number three discuss meetings regarding osrd bylaw creation possible vote um now this we had discussed at our last meeting um about reaching out to various uh boards committees Etc regarding uh crafting and osrd that would uh be specific to uh Rocky woods and I did reach out to a number of individuals I've gotten confirmation back from the open space uh chairperson uh the Board of Health agent uh the conservation chair um cor Pierce from the naragansett tribe uh the Town Administrator and uh the uh Building Commissioner also said he'll he'll be available I have not heard back from the developer yet um the hope is to meet on December 26 which was going to be our scheduled planning board meeting even though we hadn't um put anything on that agenda yet um the hope is to take a look at the 300 acre parcel and uh determine what areas are are most desirable to be preserved and which are most uh desirable to be developed on if if the open space plan would allow 100 um 50 acres to be preserved and 150 to be built on so that that is um The Hope for this um meeting on the 26th um I wanted to know is everybody available for that date I know it's right after Christmas I know Amy said she's not available until after January so we'll do another meeting in January to go over the language specifically but this this meeting will be uh more about determining the best areas to avoid um the development on yeah I I'm fine with um do we have a quum do we have I'll be there yes so Dan I'll be there Jack you're available yeah I'm available as well you are okay and David yep I'm I'm available okay so we would have a quorum so we can post it as a regular planning board meeting Kathy for the 26 all right um and then I only put possible vote in case you wanted to um designate me to just attend on your behalf but if everybody wants to join then that's fine we don't have to yeah that's good all right so agenda item number four uh we have administrative update and there's 13 Main Street possible vote this was something that was brought to my attention over the weekend um it was a prior site plan review that was approved with conditions um conditions six and seven were in regards to the 55 plus component and um it was brought to my attention that um some of these units are now um being advertised on uh real estate uh websites for lease and um we haven't seen uh the lease agreement so um um the condition number seven was actually um in regards to the planning board being able to review the lease agreement that they will be having with their um their rent residents uh to ensure for compliance with the bylaw because you know this the apartment buildings were allowed as of right under mixed use because of that 55 plus component and the um real estate listing that I've seen does not even mention the 55 plus component um I did find out today from um the zoning enforcement officer that they have not yet been um issued a occupancy permit oh so but that's interesting because um it says that these apartments are available starting December 1st which so Amy I I wanted to just pick your brain I did send you I don't know if you had a chance to see that email and then Nate's followup um because they are at the conditions um specifi that we should be viewing that lease agreement and we haven't seen it yet and it was not specific as to when that was supposed to be given to us can you just let us know what you think sure so this again is a site plan approval um the use is allowed as you said and um this is a little bit of an unusual situation because the use is allowed because of the 55 and over provision um and so I I would agree with the zoning enforcement officer that because this is site plan review site plan review is a uh mechanism that is a prerequisite to a building permit so it's a prerequisite to a building permit it's a prerequisite to an an occupancy permit it's different than a special permit um so if this were a special permit um I would say that you know perhaps the planning board would have a role some some kind of role in the enforcement of this but because this is site plan approval um the build the zoning enforcement officer and the building the Building Commissioner they're the ones that would enforce this and so um you know Nate does plan on on on checking on this I I I do find it interesting that um that the um the ad that was that you sent to me does say that these are available December 1st but there's not even a um op permit I I highly doubt that um you know that um poor Nate's gonna show up on Thanksgiving and issue thank you know if occupancy permits I hope that he doesn't I hope that he enjoys Thanksgiving with his family instead um so you know I I think that um I think Nate's suggestion of having him reach out and um you know confirming that that they're going to be submitting the lease um to the planning board is is the right is the right thing to do right now okay all right so I just want to kind of I think that was a good catch so whoever caught that Michelle that was a good catch oh yeah I know there's a lot of good dubes out there on Lakeville keep an eye on everything um so I can't even take you know credit it me and I was like oh wow that's interesting yeah we we we definitely didn't and I checked with Kathy and she confirmed that we didn't have the um lease agreement yet okay so let's just kind of keep this um close to the surface here and hopefully the lease agreement will show up and then I guess we will expect to send it over for you to um review as well yep definitely all right um so I guess we don't need to take a vote on that either um the next meeting will be December 12 2024 at the Lakeville police station do we have any other business um I do plan on being at the December 12 meeting for the that is the hospital correct it is and we also have a special permit okay um attorney am did um did um discuss sending me a draft so I haven't received one yet just as an update I haven't received a draft yet but um if I do receive one before then um hopefully I'll be able to comment on it so we'll have something to discuss on the 12 okay great all right would someone like to make a motion to adjourn I'll make a motion that we adjourn second have a motion in a second and I'll do a roll call vote Dan will go I David I jack ier I motion carries meeting is adjourned thanks everyone thank