##VIDEO ID:AQ7yECeTIAo## well everyone it's 7 o'clock so get the meeting started I think I see just about everyone here um today is November 6 2024 um as a preliminary matter Woody night chair of the Newbury planning board for me permit me to confirm that all members and persons anticipated on the agenda are present and contami planning board members when I call your name please respond in the affirmative Peter posos yes sir Larry Murphy uh present uh Mary Stone pres Scott kter pres very good and uh Steve magian hi hello everyone Tom staff when I call your name please respond the affirmative Christen grubs plan director yes and Daniel Loro assistant planner yes I'd like to welcome Daniel he's the uh new assistant planet of the town of new thanks joining us welcome thank you you joined a very rockus crowd okay and anticipated speakers and presenters on on the agenda please respond the affirmative uh William defresco of New Self Storage you're muted but I can see you William thank you uh Damon from Whiffle Tre Works Incorporated I don't see Damon but I'm sure he'll be joining us soon um TJ Melvin from uh Millennium engineering yes Green Street hi TJ hi and Steve soya Millennium engineering 105 pyro y here hi Steve thank you okay good evening it's November 6 2024 open meeting of the Newbury planning board is being conducted remotely consistent with chapter two of the acts of 2023 which extends the governor's March 12 2020 order suspending certain provisions of the open meeting law until March 31st 2025 for this meeting the newy planning board is convening by video conference via Zoom as posted on the P 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 semicolon zoom. us and entering meetting ID number 832 714 41356 and then entering pass code 10879 or by calling 1929 205 6099 us and entering meeting ID number and pass code with prompted please note that this meeting is being recorded in that attendees and participants by video and or telephone conference this meeting is also being broadcast live through local access cable channel 9 on zoom and at www.tn cv. org and the recording will be available on the new access YouTube channel all right meeting business and ground rules before we turn to the first item on the agenda permit me to cover some ground rules for Effective and clear conduct of our business and to ensure accurate meeting M as chair I'll introduce 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 comments questions or motions for all attendees except board members and staff please remember to mute your computer mute button or phone which is star six when you are not speaking there will be an opportunity for public comment and questions during the public hearing after board members have spoke and I will afford the public an opportunity to comment and or ask questions I will see questions and comments through the zoom raised hand function and take them in the order in which uh people clict on the raised hand function finally each vote is taken each vote taken in this meeting will be conducted by roll call so that's out of the way um first thing on the agenda tonight is a under appearances and submissions is a William Defence def Francesco excuse me uh stowaway storage DBA Newbery Self Storage um this is a submission of form a and plan for approval not required lot line division at 131 new report turnpike and the frontage is on Boston um bill would you like to uh explain the purpose of the anr plan and uh what you've submitted yeah can you hear me now yes yeah okay uh the purpose of the plan is is um is similar to what I did on Route One adjacent to my facility where I've got the bank to release the property so I want the ability to be able to market the property at some point in the future this lot see is what I'm talking about what we did already um now we're talking about lot D where the frontage is on Boston Road and it's pretty much across the street from the entrance to the dump everything on lot B2 down to the right is um 99% Wetlands uh down there okay and yeah Lot C was the one we saw you before in the tur bike and lot D is the one we're doing now right and then uh the one that I sold the k&r is actually that may be lot a I'm not entirely sure yep but this is the last thing I could do with the property the rest of it is is is wetlands and then I have some um some area behind my last building which is uh which is good flat land that we've been processing all the ledge and all the rock for the past number of years right there okay um I guess uh now we turn to the board members does anyone have any questions um I'll start with Peter Peter do you have any questions for bill is that 2.12 Acres um let me look at the big plan there we go there we go yep yeah it's 2.12 but if you look to the to the left all the way over to the left there's a um I thought there was another plan showing the lot but you there it is right there you can see the the wetlands on on lot D um up in the East northeast corner right there so it looks to be about a third of wetlands and 2third not Wetland is that about right yeah i' say that's probably pretty close I think it says it it it tells you the You' got 1.8 Acres of Upland right so I think if you take the 2.12 the 95.5 um th000 square fet of total um probably a little bit more of a um of Uplands than than a third or 2/3 good any other questions Pete nope nothing right now thanks all right Larry do you have any questions uh no I don't think so okay Mary any questions comments not yet Wy thank you okay and uh Scott do you have any comments or questions I have no questions Woody okay and Steve do you have any comments questions no comments or questions okay um well entertain a motion to um endorse the anr plan law D en titled plan of land at 131 your rep put turn Pike Newbury prep prepared for stor storage Newbury LLC DVA Newbury Self Storage by Millennium engineering October 8 2024 now so move have a second second okay roll call vote all those in favor uh Peter yes Larry yes um Mary yes Scott yes and Steve how do you feel it's good by me okay as chair i' say yes as well thank you Bill and um thank you for your presentation thank you for your time yeah have a good night you too all right the next item on the agenda uh leaz on meeting reports we have zba yeah I really don't have much to report where unfortunately I missed the last meeting on October 17th they did have two special permit applications uh the property in Plum Island on the agenda as well as a application for an accessory apartment um not none of which uh anything that would likely come before our board so that's really all I have and then uh next L on report thank you Larry next L on report is U conservation commission U we had a meeting last night and two things on the agenda where um that may ptain to us were the sunset club they're going to um be filing an notice of intent and we'll be seeing from them in the future and they dropped the um order they had for nowhere so we'll be seeing them down the road and then 68 Green Street they um passed on them they're going to see conservation at a later meeting because the few things they they have to do there um have not been done so they're GNA say conservation on a further date and they're also on the agenda later on tonight for us so we'll hear more from about that from them and it's 7:12 oh excuse we have one more leaon report uh mvpc Kristen um yep hi everybody um so the update about mvpc is as you recall um at a previous meeting we had invited the transportation planners to our um agenda to share um a couple Regional plans that they've been working on um Vision zero and um the active Transportation plan for the region but we had to ask Elizabeth to come back um because the agenda went long so we had planned for her to come back today unfortunately combination of their schedule and our agenda um feeling pretty large tonight um we decided to postpone again so um apologies on that but I think it makes sense to try to find a time when um we can put her first on the agenda if we don't have a public hearing and have a good discussion about all the transportation work that's going on in the region with a real focus on what's going on locally so the quick update about local work is um and I may have mentioned this in a planning director's report but I wanted to just update the public in this at this point as well um they submitted a uh the Mar m Valley plan commission submitted on behalf of a couple towns in the region including Newberry um for a safe streets for all demonstration Grant this is Federal Highway transportation funding that goes out into the local communities to um do demonstration assessment and Survey work and then actually implementation of Transportation strategies that enhance the safety so the area that's being looked at for this report is and this um project is the section of um Elm Street in front of Triton that runs down to the intersection of elm with School Street um all the way to the x exit of the Triton um high school property so it's sort of that whole triangle um so some of you may have seen um some traffic counters up on the poles over the last during the last um fall they submitted that Grant at the end of the summer and we're supposed to hear by the end of this month if that award they're they're feeling confident about it so I'm hopeful that we'll hear good news about the award and then we'll be able to have them come back and have more of a discussion it's 7:15 so I'll wrap it up there thanks okay thank you Krist as you stated 7:15 so we'll go to the public hearing tonight is a continuance from the October 16th 2024 public hearing for withle tree Works level two side plan review the nonprofit educational organization use of The Barn at one marshmallow as background for the planning board's public hearing tonight the Building Commissioner has reviewed the information from the applicant the applicant is operating a nonprofit educational Enterprise which is a use Allowed by right according to Master General law 40a Section 3 so plan review is is the required method of review the board will be using the term zoning by law chapter 97 article 9 special regulations to guide this review proess um first off a few Administration things um Larry miss the last meeting and he has reviewed the last meeting U which was 1018 uh he reviewed the video and signed the certificate pursuant to Master General Law chapter 39 section 23d also known as the malan rule which allows him to continue to participate in the hearing as a voting member of the planning board and Larry just s to confirm that you did do this correct I did yes okay thank you um what I'll be recusing myself oh yes yes that is correct uh thank you we'll see you soon Pete um under other Administration things um The Board needs to discuss the consultant fee for the project review the applicant requested a waiver of the Thousand do Fe listed in the site plan review regulations and the expenses to dat to 260 um would you like to elaborate on that Kristen yeah I just wanted to um it's probably an administrative thing but I just thought it would be helpful for the planning board to know in the regulations um it suggests for site plan review level two which this project is that the applicant submit ,000 for the be um to cover escrow as an escrow fund to cover um peer review and other um peer rreview engineering and any other peerreview in this case um Damon and I talked and considering there's no construction on the property it seemed um a little excessive in my opinion to that $1,000 would be required for the peer review for this project so um Damon just submitted a a written request for that um to be waved um as you know the peer review has completed a few hours of work so we have an estimate of that work which is 20 a fee of $260 so I guess I don't know if the board has actually taken a vote in case as like this in the path but I I just wanted to raise it and see um if there were any questions and if the board was interested in approving that request to reduce the fee that's required does anyone have any questions or comments on this so so just to be clear christon the suggestion is to reduce it from a th000 to what was it $260 correct do do we need to take a vote on that or with just noting that cor record um I maybe for good practice just to have a record of it it would be helpful to have a vote all right to to date so uh i' I'd entertain a motion to date um that there's a fee of $260 on this matter for for peer review no moved Woody do I have a second yeah I'll second it but I I okay I'm sorry I do have a comment okay go ahead Larry I just wanted to note that in the draft decision that it reads as a a waiver request um the applicant requested a waiver from the level two consultant fee described in the site plan review submission requirements and procedures um so that'll just have to be that language just have to be amended and maybe I'm getting ahead of you but will have to be amended consistent with the vote okay all right and then we'll go to roll call vote Larry yes Mary yes um Scott no no and Steve how do you feel Steve's muted muted Steve there we are I had had a question um before the roll call started about whether if this were approved does that preclude future peer review fees being assigned to the project that's uh well I said to date so for the mo in the motion so if there are fees other fees pay review review fees in the future before this is closed out then we'll deal with them then okay that was my question thank you all right I'll vote Yes as well all right um Damon Damon's with us hello Dam um would you like to uh do you have any new information this evening You' like to share with the board I don't believe anything has changed substantially since the last time we met okay um board members uh Mary Larry Scott do you have any questions for demon not at this time still having right [Music] now no questions okay thank you um Kristen are there any new public comments that have been submitted in writing um there are witty and um I also so I'll mention what those are and there was an additional submission um as was discussed at the last meeting uh the acoustic report by Marshall jerson um as the planning board members requested that report be submitted that came in that is posted on the website and the planning board members have received and reviewed that um in addition the there have been two public comments since the last meeting um just get those names up um let's see um EJ wette I I think this comment came in the night of the last meeting so I can't remember if I mentioned it it's it's stated the 16th but I don't think I actually received it until the 17th um uh letter in support from EJ um wette I'm sorry if I'm not saying that right for Silver Mine Road um in Byfield and a letter from um Dan Nunan was received tonight um he's a resident of 283 Main Street in Boxford um runs a company called Shadow machine um so he's a partial resident locally um and that is something I just received tonight so I don't have it on the website yet but both letters have been um pass along to the planning board members for review okay we received those thank you Kristen all right are there any members of the public that have any questions or comments and please limit comments to topics that have not already been addressed do we have any raised hands see any raised hands no no okay um so now we'll have to go to the draft decision um in the past the board's uh and to my knowledge anyways in the past we keep the public Heir on open while we review the draft decision if that's all right with the board we continue in that manner um do you have the draft decision you can post for us Kristen how's that that legible yep everyone's had a chance to see this we it to us so if You' like to walk us through this Christen okay do you want to start at the very beginning sure sure let's I it okay plan board decision s plan review approval this is a draft um for this application um so the start of the decision is a um sort of a cover letter to our town clerk um certifying the decision um so we'll fill these pieces in about when the meeting was the public hearing was held and the discussion um the next section is yeah do you want to take comments as we go or you want us to hold them until the end um I was gonna ask the board I was gonna let chrisan get through if anyone has a comment please speak up as we go through this please that's all right lar yeah actually then I do in the the opening here where it says regarding site plan I'm sorry is this appropriate yeah no that's fine go right ahead yeah where it says site review application for minor site improvements I can understand from a Layman's point of view why you might consider these minor but that language is not consistent with our bylaw this is considered a a phase two major modification so I just take out the word minor thank you and if anyone has any anyone from the board has any comments as we go through this please pick up nope so we struck minor on the all right please continue Kristen that's sorry yeah oops trying to get it a good is that is that okay for people yeah it looks good to me legible okay um so project description applicant seek site plan review approval um description of the property I don't do you want me to read the whole thing Woody or can people read along and I just summarize what's the best everyone on the board's had a chance to review it so I a summary would be fine chist okay and like I said if anyone on the board has anything to note or change or questions or comments just please speak up as we go through so this is a description of the property it includes um some information about the land area the structures on the property um previous decisions that have established the lot originally in the open space subdivision um I um let's see mentioning that the applicant is is proposing to lease the headquarters the owner of the property is the Elena M jerson trust um and then a little more detail about the actual um proposal of this application which is related specifically to the parking area to accommodate the use of the barn by WHL tree Works nonprofit programming um so this information is uh from the plan that was submitted as part of the application six Active parking spaces on the back side of the barn two new handicapped accessible parking spots near the um entrance to the barn additional parking on the barn property um and then I mentioned the additional parking that's been proposed on on the balance of the jerson property although that is not specifically on on this slot and then the last bullet is that there are no further improvements um no changes to the barn structure no new lighting signage grading or new land disturbance I'll just pause there to see if there are any comments on that pretty straightforward y if everyone's comfortable with it Kristen can you continue um so the next section is procedural history um so this just walks through the um process of review by the planning board according to the submission requirements and procedures um there was a pre-application meeting for the plan um the department Chiefs reviewed the plan with the applicant um there was followup site visits um by police and fire and during the hearing as you all know because we're still in the middle of it um the applicant has introduced you know some additional materials which have been reviewed and the public has been invited to comment in writing and also um in person well on Zoom uh by personal comment during the meetings and additional the planning board had a site visit on the property in September um no any questions on that the next section is submitted materials and information um thank you to Daniel for helping pull all this together it's nice to have another set of eyes to review all the plans and materials um so this is simply a list um this doesn't need to be highlighted anymore but I wanted to be sure that in particular the public was aware that this m these materials were submitted um on Monday I'm sorry it was Monday that should be the fourth well that's kisten that's where the draft decision I have has the waiver request following that but it seems to be missing from the one that's on the screen um yeah I guess that's a question I had I wasn't sure since that seemed to be an administrative part of the um application procedures rather than something that's in the bylaw I wasn't sure if it was appropriate to list that here now that you say it you yeah you probably don't need it in the decision okay I wouldn't think yeah I think I originally had thought that was in the bylaw but it is just to clarify what I just said it's actually in the um application uh procedures and regulation which is not a part of the zoning bylaw Steve do you have a question on that um actually an item number 13 in the list about the acoustic report and I was wondering whether um the well-written report we got from Marshall jesperson you know is a good report but is that at the level of science professional report writing that is typically accepted by the board or you know sound has been an issue for some of the butters as I recall and I'm wondering whether this report from Marshall meets the usual standard for the board I don't know some asking for conversation well as a we don't have any um noise ordinance by Lauren Town correct about that Christ correct so the AC acoustical report was uh Marshall he said he put one in they did one themselves and please speak up Damon if I say anything else l out of order here but I believe Marshall was volunteering their acoustical um test and for the public and for the board to read and with it with the no noise on in line we just I assume we' just take the acoustical report have it in the record yeah I we were never trying to uh present a sound Engineers sort of report it was just for general information using the technology we had available uh as I understand the you know sound drops or decibel drop as the cube root of distance and we were just trying to show how that actually functions in a space like the bar so it was not it's not a definitive scientific report it's a it's to help everyone understand the sound and what the sound does in that on our location thank you Damon um anything else Steve no I appreciate the conundrum of not having a u sound or noise standard in the town um and there we have it seemed to me we might still be putting undo Reliance on the report and I don't know whether there's some language which I cannot come up with at the moment that would just reflect that this does not set a precedent for the kind of information that the uh board might want in the future again I I think it's useful but I don't think it should be viewed as definitive but that I defer the board I'll I'll note the comment um I it's it was a volunteer from Marshall it a test that they did on site so this information that they volunteered maybe it's a question for U and thank you for that Steve um I I think I had the same um comment of concern um last time we we met on this but um I I do think that um certainly don't want to I mean there is we don't have no noise ordinance you know there could be precedent I think we maybe potentially um just just just reach out to Town Council and just um just just get a a check on it that Kristen so yeah I'm not sure exactly what we're checking on this you know this list here is just a submission of materials that were submitted to the board um and this in particular was at the request of the board so in terms of just naming it here that's what's intended I I think Steve's question is a different one which is is the board um comfortable with using this as guidance I guess and considering the questions that have been raised in the hearing previously about noise and I think when you when you when you submit a report um you know you typically have something to measure the results in that report too um you know requirement you know just a deciple u requirement so seeing that we have none I'm not sure it's even necessary um to be in the decision let alone uh the additional submissions so that was really my point is does it really need to be here um I'm I'm not too sure I don't think so again I just would say it's not it's not I'm happy to ask Town Council about it and I I will do that I would just say this isn't um making any determination about the type of material it is it's just listing that it was a submission so it's sort of in the board's hands to um interpret how you feel about the submission which you requested okay I'm just just a suggestion I mean if you're confident I'm I'm confident no I I mean I said I'm happy to ask about including it here that's I'm happy to check on that um Mary you have your hand up too no I don't know what that is actually oh it's there okay so Kristen will note just to ask Town Council it's okay to have the submission in the list of submissions for this um decision um Woody if I may um perhaps we can ask Town Cil to see how that submission is addressed in the findings that come in the next section or you know acknowledge that this report was submitted but it doesn't we don't find that it does it's not a formal okay stamp or okay approval that we're getting from this submitt and maybe there's some language that U Town Council could come up with it acknowledges that we got the acoustic report but in terms of the findings it's not something that um Bears significant weight in the decision making no it was just something that Marshall had mentioned it was something they did it was something that Marshall submitted to his his report and I don't see it as it weighing in on the findings it's just listed here as additional submissions so I mean really ask what we're asking Town Council is irrelevant to the decision other than it was submitted I that's my opinion but that makes sense if I may Woody yes go ahead d uh the additional submissions does not mean that you're taking it as law or guidance it is simply material that was submitted it's like all the letters that come in they're not telling you what to do they're not law they're people's opinions or and this is clearly not done as acoustic Engineers nor was it presented that way it's just a submission of trying to look at that issue that was raised so uh in the process that I've been involved with with some of the zoning things in the past it's just a submission it's not setting a precedent as Steve said or anything like that it's it's simply a letter that you guys requested I agree with you Damon I don't see the need for Town Council to review it but that's me um would you in no one else has any further comments would you like to continue Kristen um so the findings um this is these are the decision criteria of site plan review as set forth in the zoning bylaw as referenced here um the proposed plan requires no cutting and filling requires no removal of trees displaces no Wetland vegetation um will result in no soil erosion no new air and water pollution um will not increase traffic congestion conditions have been placed related to Traffic and parking and those conditions come later we'll get to those um the proposed plan requires no removal of existing Stones um and this conditions have been placed related to Future modifications to stone walls on on the site that also will come later but that refers to the historic building restriction that's already on this on the barn um that historic building restriction has uh discussion of whether there can be any future any modifications to the Stonewall on the property so this is referencing a decision that was made decades ago um the proposed plan does not modify the property and therefore provides adequate storm water management and other utilities um the proposed plan provides adequate safety for pedestrians and vehicles both on the site and entering or exiting it conditions are described below um it's maybe worth mentioning that the site is lot this particular lot that the barn is located on which is accessed off of marsh Meadow Lane so when it talks about entering or exing exiting it it's entering or exiting from marshmallow Lane onto the barn property um and there's some conditions related to pedestrian and vehicle safety um below so there's adequate access to the barn for fire emergency service equipment um as you recall both police and fire have been on the site with their equipment the proposed use of the barn will not impact Scenic views from publicly accessible locations there are no changes to the barn so the views will not change um the proposed project minimizes visual intrus intrusion excuse me by controlling the visibility of parking storage or other outdoor service areas um from public ways this is the language in the zoning bylaw um the comment has made that marshmallow Lane is private way so it's not actually located on a public way those are still considerations the board has discussed however um the proposed project minimizes intrusion of glare from headlights and sight Lighting on surrounding properties conditions regarding hours of activity and lighting have been placed on the proposed use to minimize the impact on adjacent Residential Properties should I pause there we've got a few more but I don't know if there are any questions related to so far every everyone comfortable will continue sure we'll continue Christen please okay the proposed project has no departure from the car materials and scale of buildings in the vicinity um again that the barn isn't proposed to change by this application um and then reference again to the building restriction agreement that's already in place the proposed project prevents contamination of groundwater from any Source the parking will be on grass or gravel in the event of any contamination from a vehicle the applicant would follow the same gu lines as would any anyone at their property can we stop there for a sec sure yeah um the proposed project prevents contamination of groundwater seems a little strong to me it kind of implies that I don't know they're doing something more uh I'd be more comfortable if it read the proposed project does not present a risk of contamination of groundwater that makes some sense to me but um I don't know if anyone else on the board wants to discuss that I Larry I think that's a good better change better wording can you say it again Larry I'm gonna yeah take out the word prevents yeah and substitute does not present a risk of contamination of groundwater from any Source yeah got it everybody comfortable with that makes sense okay that that notation that's helpful thank you um there are no new proposed site improvements other than defining the new parking areas on the ground um the this is related to um the existing improvements blend in with the natural surroundings and enhance the character of the areas viewed from public ways and places the proposed project excuse me um on the site improvements um and maybe this is just very very minor but um there will be a restroom um next to the entrance of of the barn and you did mention really a screened in whether it's a fence two sides um would that be classified as a sight Improvement if it was a my I'm sorry is it okay to respond Woody resp um my understanding of the bylaw is that it is addressing permanent changes the bathrooms would be temporary and seasonal and come and go so I didn't think it qualified for uh site Improvement but I'm also not on the planning board and I don't do these things so think the I wouldn't think the the restroom or the Porton you know it's mobile you'd be pulling in and out um you know seasonal but I was only thinking that if you were going to screen that you know Porton that would be more of a a permanent um you know whether it's you know two sides of two fence um and some post so it was just it was just a question really to Kristen sorry Vin um no I it's great you brought it up Scott um and thank you Damon um that's that was my thinking as I was pulling the findings and conditions together is that um because it wasn't a permanent uh site Improvement as part of the application uh wasn't included here um but there is a condition a little bit later on that talks about um about the imp permanent uh addition of restroom facilities for a potty on the property so I think it is I mean it it is a question that we should um clarify with you Damon I think you just helped clarify that to me so um we can see if this language works for everybody I can fast forward to that or I can just finish these items um think we can finish I think Helen Helen might have a question yeah I can't see is there a raised hand y there is it's Helen Mar hi it's Helen maracha 24 Orchard Street so I mean just my only comment in terms of some of these items is that because the applicant does not have any real business plan as to what he's doing in ter in terms of understanding activities I mean there's proposed frequencies but there is nothing there's no schedule there's no I mean nothing yet so I don't I'm not really sure that anything can be considered temporary yet and it's because based on the size of the event that he's going to have or potential the size of event it's maybe not one Porta poot it could be more than one porta potty so I think there's a lot of stuff that is can't be considered concrete really be be known at this point personally that's just my own opinion okay thank you you want to continue Kristen please um so I think we were on letter L the proposed project minimizes the impacts of the use on adjacent properties conditions below um discuss hours of operation and the proposed project compes with the provisions of Newberry zoning bylaw the property is in the residential agricultural Zone a nonprofit educational use is allowed by Kristen um some of what is in u l again Loops back to the fact that we don't have any U bylaw regarding noise so a statement like L says that the proposed project minimizes seems like something that may or may not be warranted and I'm thinking back to the site visit where there was some discussion about uh on the butters properties to the West I guess of the uh Barn there had been some vegetation which formed a good uh sight line and potential lighting break and I thought we we talked a little bit about whether there might be some more vegetation going back in there to minimize um any potential lighting back there so I think L seems a little bit strong given some of the uncertainty with noise and lighting that could come in the future as was pointed out um there's not a business plan per say for this operation so that things can be um could become more extensive than we're anticipating and that's why I think that to say that the project minimizes the impacts needs a little tweaking well there was no nighttime activities presented here in this in Damon's presentation and so as far as the ve vegetation concerns if there's no nighttime activities there won't be any headlights shining through where that vegetation was missing and if there's a proposed nighttime activity Damon's going to come before the proper channels to change that and that would be a f in a future decision that's my opinion but Kristen Chris and Damon have anything to say please speak up again I just can I just answer Steve um just I think think it's I think it may be helpful for the discussion to hold on to these thoughts and questions and review the conditions and then see how they work together um that's just a possible approach to thinking about whether this language is um is the best it seems reasonable okay let's we'll continue then and uh if anyone has any comments please note them and we'll get through the decision here and speak up at the go ahead CH okay um conditions of appr approval site plan is provided for the applicant refers to the nonprofit organization which shall have use of the property by lease from the owner of the property Elena M jerson trust the approval and conditions of the approval apply solely to Whipple treat works so that's just to clarify that the applicant is Whiffle tree works if Whiffle tree Works disappears there's no this decision does not apply to anyone else using the barn that's my understanding um the site design development drawings were prepared for Whipple tree works and they're attached to the decision incorporated as exhibit a um so that seemed appropriate to include as an exhibit to the decision because it defines those parking areas that were described in words earlier um the site planner approval by the planning board shall not be construed as approval from any other board Commission official or department so in the cases that an activity on the property requires something from the Board of Health or something from the building inspector or something from the select board um that's all still needs to be attended to um so hours of operation letter D Whiffle tree Works classes programs and any public events held at the property shall be limited to daytime hours due to the lack of adequate exterior lighting on the site and the desire to minimize the impact of headlights on abing Residential Properties in no case shall whry Works activities at the property be held after Sunset so that may be worth discussion to decide if that feels appropriate um letter e months of operation the barn on the property is currently a three season space as such Whiffle tree Works programs shall not be held at the property during the winter season modification of the property to allow for winter use will require a new application to the board to assure that all public safety requirements are met and other site modifications are made um a little background on this when uh there was discussion of snow storage in particular and whether it was adequate for Public Safety Equipment getting around the barn if there was a lot of snow so this is to address that issue in particular programming um I don't necessarily know that this needs to be said but um all programming at the property shall be required to adhere to any and all building code and public health restrictions and licenses so for instance if there was going to be food on the property like a food truck you'd have to talk to the bo of Health um Etc the current Barn has an occupancy limit of 99 people the barn does not currently have bathroom facilities or water um Pro proposed use does not include offering food alcohol informational and marketing materials about the programs should state that there are no bathroom facilities on the site this was a recommendation from the health agent if the applicant propos provides a temporary portapotty for programs or events it should be handicapped as accessible and be situated so as to have no conflicts with the historic building restriction so that language was to address the fact that the Restriction the building restriction discusses changes to structures on the property um and this is whether they're temporary or [Music] permanent G lighting there shall be no new permanent lighting installed on the barn or on the property any new lighting to be installed shall require the applicant to return to the planning board for review and approval this would be as a modification probably um that seems a bit extreme you know if we want to put a new light outside The Farmhouse I don't think we should have to come to the planning board to do that I think that's going a little too far but it's up to the planning Bo yeah um thank you for the reminder so that that just for everyone's benefit that prop property includes the barn and The abing Farmhouse which is on the same lot but not part of WHL tree works so that may need to be addressed I'm reading it again [Music] on do you have any thought larious I'm sorry I was actually distracted for a minute there so we're talking about G lighting right yes there shall be no new permanent lighting installed on the barn or anywhere on the property um is that is the concern because there's a residence on the property is that it yes and it also would mean that we couldn't put in a permanent light inside the barn uh it's it seems a bit extreme uh to me to say that we can't change Lighting on the property at all so that that's my concern it seems a little heavy-handed to me um I see your point uh there should be no new permanent exterior lighting installed on the Barn period would that work I think that's that's acceptable yes how everyone feels about that that's if D David thinks that's all right and I think that's all right so anyone else have everyone's good with that okay we can move on H um Landscaping should the stone wall behind the barn need to be modified to assure Public Safety and space for adequate snow storage the applicant shall be required to return a planning board for review and approval again I think this um mostly relates to the fact that the building restriction already would require discussion around moving the stone wall that's already a restriction that exists so it's just kind of a reminder I guess probably duplicative I'm not sure if the the initial one does apply to that stone wall because it was built after the renovation so it's not a historic Stonewall it's a modern Stonewall but it's in either case I'm happy to come back I just wanted to point out that that Stonewall is not historic thank you that's helpful actually and again just I think the date on that restriction is you do you recall Damon when that the historic building restriction was I think it was 09 but it may let's see um yeah somewhere in that range I'm sorry I don't have it off the top of my head I can I might have file handy if you want me to look it up no that's okay that's just helpful that the language in the decision is related to the historic um structures and Landscaping um so um let's see we are to letter i in all cases noise resulting from whifflet tree Works activities on the property shall minimize impact on abing properties entertainment shall only be permitted pursuant to an ENT entertainment license issued by the board that is language that's been used by the planning board in other um decisions um but happy to have the board discuss whether that's appropriate Jay all parking on the property shall comply with the zoning bylaw General parking and loading requirements in the case of events that are anticipated to use more than the parking spaces located on the property at one Marsh Meadow the applicant shall consult with and follow the requirements of the police department and public works department regarding the need for Traffic Control Officers parking monitors and any additional signage in whry Works materials the public shall be reminded that there shall be no parking on Orchard Street for events or programs so again just to Define there's parking proposed on the property and then the site plan showed parking along marshmallow lane or overflow parking down on the horse barn even stride property that's the distinction here between the parking letter K from time to time the planning board may enter and inspect the premises subject to this decision to assure that any work done on the site is in Conformity with the site plan this is standard language in every site plan decision um recording of a certificate of the Town Clerk and the decision shall be required at the registry of deeds the applicant shall provide the planning board with written confirmation of approval by the building and commissioner following establishment of the accessible parking spaces um no programs shall be held before inspection approval by The Building Commissioner is complete oh my gosh we got two more modifications any modification to the approved site plan will require planning board approval request shall be submitted in writing and subject to review and then the duration of approval site plan approval shall lapse after two years from the date of issuance not including time required to pursue or await determination of an appeal um this is also standard language again in most cases there's some kind of construction that's actually happening and that's that's the laps language related to this um I wasn't actually sure and I haven't had a comment from Town Council yet about whether this language is appro is appropriate um and I wanted to get some input from the planning board on on that maybe Larry in particular if you have any thoughts on that um no I let's I think that's actually out of the statute is you're going to have Town Council review this yeah I think that in particular I have questions about I I just defer to Town Council but I'd like to go back to and modifications for a minute um any modification of the approved site plan will require planning board approval requests for modification shall be submitted to the board in writing and shall in most cases be subject to the same submittal review and hearing procedures as was the original filing but it doesn't really Define when it might not be required to put it another way um there are no Provisions in here for um field modifications or minor uh modifications sometimes the board will vote on seems to me that in in the um Governor's Academy um Presby decision we had some language like that didn't we that that defined um field um field changes or minor modifications because I know we we we have on a couple of occasions had to vote on whether something constituted a minor modification that did not require a public hearing yeah I I don't recall specifically um but I agree I have seen that kind of language in other decisions and that's certainly the practice of the board in many cases um there's a discussion with the applicant about the proposed modification at a public meeting and then the board determines whether it's a minor modification which would not require a new public hearing or in some cases a major modification but um which would require the public hearing so I can look for that language there might even be some language in that 105 High Road decision I know we've seen it before I I just I couldn't give it to you off the top of my head but thanks and we did O um that's it that's it very good signes yep I'll ask the board if they have any comments or questions anyone else thank you Larry for hearing none I guess I'll ask the board what their wishes are do we um the options really are do we vote on this decision this evening or do you think that we need to continue this um well if we submitt it to Town Council for review I I don't think we can vote on it tonight okay so I'll entertain a motion to continue the hearing no moved the next meeting next our next meeting I might interrupt Woody yes go in the past we have when I was on the select board we approved things uh based on the that Town Council found them legal so since I'm moving up against a time when it's very hard to work in the ground and I'd like to put in those two handicapp parking spaces I would like to request that you guys uh consider at least approving it pending uh Town council's agreement with the changes and modifications you've proposed thank you that being said um if everyone's comfortable with Damon's request i' entertain a motion to vote on this decision bending and Tom Cil can review our our changes that we've made even so moved ready do I have a second so what um maybe just a little more clarification on the the motion I the motion my Mo well it's not my motion I was entertaining a motion to approve this decision based on our changes if everyone's comfortable with our changes and Damon's comment was that he'd like us to approve the decision vote on the decision so he can get to work on the handicaps spasis and if pending we'd vote on the decision with a motion and Tom if Tom Cil weigh in on our changes if we had to come back we'd come back if Tom Council has any problems with any of the changes that we've made well we we've done that before for you know things like homeowners association documents and legal documents I don't know if You' ever done it on a decision final decision Damon what's involved with with the handicapped uh um parking space it's just some gravel yes it's just gravel but once the ground is frozen you know who knows if Winter's actually going to show up uh but you know trying to move Earth around in the winter is more challenging and so I you know I just if I could I'd love to get it done sooner than later if I can't I understand yeah I mean I frankly I shouldn't speak I'm not speaking for the Building Commissioner but I mean I don't see why you couldn't go ahead and do it anyway it would be done at risk but I mean it's pretty minimal risk you know the only risk would be that some we came back and wanted you to move the handicapped parking spaces yeah I think you know having seen the decision I'm more comfortable moving forward with an atrisk situation I just I'd love to have it finished and say yes this is where we're going it you know it is at risk like you said so either way I'm I'm fine I just thought I'd put their request out there yeah no that's like I get where you're coming from respect it but thatd be a little reluctant uh for a final decision it's one thing if you were sending a deed or you know something else to Town Council for review but the final decision we should have a had have the final document in front of us before we vote on it it's my opinion anyway okay thank you Larry I'll accept a motion to continue this hearing to our next scheduled meeting so move second second okay all those in favor Larry yes that just to clarify that would be 7:15 p.m. yes continue the public hearing till 7:15 p.m. on no 20th November 20th of this year okay um Larry uh yes um Mary yes Scott yes and Steve how do you feel I'm good I note the raised hand of Helen it's okay I just you can wait I just had a question if they DEC if this um the decision was available for review of after this meeting that's all um I vote Yes as well and Kristen is the decision available for review where would Talent find that um I don't know if the planning board's comfortable with that I certainly feel that would be fine considering we've just reviewed it during a public meeting it would be marked draft I guess but I don't know the board is comfortable with that Larry in the past what have we done I don't know if we've been on it but I have no problem with it okay so I guess uh alen contact First and I guess if you'd like to get a copy of right thank you all right well thank you Damon for your time good this and we'll see you thank you guys for the consideration and your service have a good night thank you you too byebye um okay next thing on the agenda new business 105 High Road Cate um I believe we have Steve Sawyer here yeah hello yep hello St so here um I believe Maggie I I think Maggie depo's on I think Ben Perez is on also I think Matt gain's the attorney might be with us tonight too um yeah uh so uh the plan here is what we're asking for tonight is for a reduction in the umu in the bond held uh we had asked for 193,000 it be actually be reduced to 26374 I will say that Maggie and Bun Ben Maggie and Ben have done a great job it's really come together out there um so the the paving final Paving is done Landscaping uh the I think when Joe was out the shell the shell drive and parking for the open space was um delivered but not spread it's currently spread um Unfortunately they delivered they um I think they ordered 30 30 tons and they 90 tons got delivered so there's a couple piles that will be brought out uh right now Ben and's waiting Ben and Maggie are waiting for the pavement to set up a little better it was just paid Monday so I didn't want heavy trucks driving on it um for a couple days so they'll pull that out of there the trails all set out in the rear I believe um actually Kristen uh walked it with us a while back about a month or so ago the the open space here has been cleared Hydro seated um it looks great if you'd like I can share pictures um it's up to the board I do have pictures of the of of the of the recently completed Road and and um and that's let me know if you'd like to see him sure sure okay can share the we've been on a sidewalk there before but you're showing us things that weren't weren't finished prior on sidewalk all right so I'll just um can everyone see yes yeah all all right so I'll just work our way down this is at the entry um the wall carab curbing um the original house and the right then as you work your way down around the corner um the curve around down into the into the property uh the finished homes Landscaping all complete finished Paving and as we hook around to the culdesac at the end you can see the the the banding the Cobble band bandings complete Landscaping I think it really really came together looks great um in the island with the with the Cobble Cobble banding on the inside and as we work our way down the the sea shell sea shell drive for the uh Public Access uh in the rear uh this is turning around looking back up uh back up uh back up the road so all of the homes are framed in um with two left with just interior work um I believe probably one should be complete in in a week or so within within a probably within one or two weeks and then the last one nine um it's probably a couple months out then this is just the parking area with the wood rail so yeah so the the there was an overd delivery here we're going to have to pull some of those piles out and bring off site I think they're coming either the end of this week or early next week to pull that out of there it's about I think that's it oh and this is just looking out back so this the open space area has been Hydro seated um there's a little bit of there is some some growth but given how it's been so dry um it's been plenty warm but uh it's been a little dry for um for for proper for real hardy germination but we'll get some um this fall and then it'll fully germinate and be really germinate and have a healthy lawn in the spring and I think that is it so um with that being said you know we're asking the board you know I guess so Joe had asked to increase because the shells weren't spread we were requesting that 2,454 be held um for the work and he recommended 26374 be held um I don't know now you know with the picture documents say the shelves have been spread um but I I guess it's up to the board to decide uh how to handle that um so that what looking for release what we've asked for is 8,862 in bond release and Joe um with Joe's reduction of actually was 49 only I'm sorry 4,920 asked to add to the to being held for 193,00 would be if you uh agreed with Joe's um assertion to hold that additional additional amount okay um and you're also just asking request for release of just slot three correct well actually um right now actually I'm gonna let I think at this point I'll have um Ben and and Matt uh coming I I know it sounds as if maybe lot nine is under agreement I think they might be looking they're hoping probably to have both both Lots released at this point um but I'll uh I guess Ben I guess now one which which house is are you looking for the release on for the Cabo uh like right now we actually just got lot nine under agreement as of today so uh that would be the next one to close uh lot three is closer to completion but uh we do not have it under agreement yet but I anticipate that changing very soon so as you just stated I'd like to see both Lots released and I you know I do know that Matt gains has been working through you know the CR I believe is complete it's not recorded um I think it was it was in um it might have been tied up in review at the Town level for a while but I believe we're at a point now where we can close it out we do have to do the bench the um bench line report uh now that the open space is complete um we can do that uh do that report I believe that gets filed uh with CR I know Matt maybe you can chime in yeah just to kind of correct a little bit what Steve said on the CR um so we had submitted it to the town originally in I think it was like March of 2023 uh they turned it around pretty quickly with some comments we then submitted it to uh the Executive Office of Environmental Affairs and again something like March or April of of 2023 as is typical they took many months to get back to us with their comments um but recognizing you know that the delay wasn't on us the town did keep issuing uh certificates of occupancy because we had the the kind of the the placeholder of the Declaration of restrictions out there um finally the the the state got back to us uh a little less than a year ago in December of 2023 with their comments um we on our end kind of pretty quickly reviewed them and sent them to the town and again December 2023 maybe January 2024 right around that time um and I was following up with the town quite a bit initially and then just it was silent and we finally I think last week or two weeks ago so almost 10 or 11 months later uh finally did get comments back from the town um not a lot they seem fine and there's one or two or three things that um that came from the town that we need to you know kind of close the loop on and and Steve is working on that and hopefully we'll uh you know get those couple items buttoned up soon and then once that happens it then needs to go back to the state uh because again the state made a whole bunch of changes they asked us they asked us to make some changes and to you know input some some new Provisions so obviously they're going to want to see that so we need to submit it excuse me back to the state hopefully we can get that done in the next couple of weeks and then again I don't know how long the state is going to take um hopefully not as long as the first time because it's not their initial review it's really just looking at the edits and we accepted I think everything they they they asked for and added everything they asked for but again we're kind of at the at the mercy of the state um so as Steve IND and Ben indicated you know there's two units or Lots remaining unit three and Unit Nine we have nine under under agreement we don't have three under agreement yet that's been indicated the hope is to get it under agreement soon I think the goal for terms of like when we would be closing lot n Ben or you can chime in but I think we're looking maybe February or March is that correct you're on mute Ben y you're muted just realized I was muted sorry um Maggie has the might have the date more accurate than I do but it's around that ballpark yes okay so yeah so for for lot nine we'd be looking to to close and as I said February or March again lot three isn't under agreement but it's my understanding it's actually more complete than nine um so if we happen to get three under agreement soon that closing might be you know before then so the short answer is we are going to be looking for lot releases or or certificate certificates of occupancy I should say for both three and nine sometime between say December one at the earliest and you know not probably later than March one or around that time um I I I fully expect that obviously we will get the C are back to the state well you know probably as I said in the next couple of weeks I just don't know when the state's going to approve it and I I you know my concern is that all pretty much none of the holdups of on this have been in our court we we submitted it you know quickly to the state and then they sat on it when we got it back we submitted it to the town and then the town took 10 months to get back to us so I just I just don't want you know any certificates of Ain to be held up when again these delays haven't really been on you know my clients and so so I I I guess the short answer is it's not an ask at the moment because we're not ready for a CEO but it is likely that one if not both of the CEOs will be requested prior to the state finalizing the CR unless they move very quickly which not optimistic on that okay so you are or are not requesting one Co tonight One release well I think go oh yeah well I think definitely we you know we absolutely want to have either I don't know if B Ed that at least one in case um unit three is all you know somebody comes in this week and wants to buy and close on it shortly we absolutely want at least one release for I guess yeah we're not applying I guess let me clarify Kristen we're not applying for a CO because we're not ready to apply for a CEO but when that time comes whether it's in the next three weeks or two months we would like the town to say yes you have done everything within the permit to Warrant the issuance of a CEO so if that is saying we want a release of it then I guess that's what we're asking for at least one Kristen do you have a review of the uh peer review letter from what his recommendations were sure um just take me a minute did it come up no not yet not yeah yeah I I have it if if need be oh there we go so Joe's letter addresses um the first question which is the request for the reduction of the bond I think um Steve you know explained that some of this was has been completed since Joe's review um he does mention the asil plan is listed as 20% complete that think that uh 20% is $1,000 so um otherwise this just reiterates what Steve described earlier what what would your recommendation be Chris and does anyone but before I ask you that does anyone on the boat have any questions at this time Woody I do okay go ahead peep thank you could we stop screen sharing Steve for a sec or um actually could you go go to the beautiful image that you had and I appreciate uh where you're at with this project it is looking really really slick um the image I'm curious about is the looking down to the public way where the where uh the material was just placed so it's um as you're just looking down yeah SEC might be like the fifth one down I think uh let's see I think it's this way yeah you want to go back maybe to one more yeah right there good good good yeah I just wanted to see if there was something to protect those gas uh those gas fixtures and it looks like so some Stones were put there just in case you had any drivers that bump into that so that's great and the second is do do you have any images of lot n because you know we had a lot of discussion about lot n and how that was you know that wall worked out and the barrier all that sort of stuff because I didn't see one I do not um I do not unfortunately but it you know that's actually All Landscape the walls built it really actually came out very it looks great and is that be nice to see cool yeah hold on a sec um yeah it's kind of hard to see so you can see that there's a tree so lot KN it's kind of tucked in behind that tree on the right there um and they you know there's arities running up so that the wall is sort of it's just tucked around the corner there yeah I was taking more pictures it's just to document the road completion and and such okay those are my questions thanks very much Steve yeah anyone else have any questions okay Kristen um what would your recommendation be here as far as um U Joe's report and everything on this matter uh um I think it's up to the board I mean I'm comfortable with the requests they've made I think if you want to reduce it $1,000 because of that asil you could I'm not sure that's super relevant but up to you all Woody um yes Larry yeah I'd make a motion to reduce the bond amount to $ 26,37 which is what Joe recommended yep I'll second that okay roll call vote Larry yes Pete yes Scott yes and Mary you lose Mary I guess we lost Mary and Steve's not president and I vote Yes as well um as far as the request for release a lot three does anyone have motion I just ask that we not make it a specific number in case it ends up being nine first before three yes I apologize no problem we we had a request for lot three on the agenda so um is there a motion to release a lot both Lots no Lots at this time Wy I'd be happy to make a to release one lot and probably the most perent would be the one that's under agreement a lot time do I have a second on that motion second okay roll call vote Pete yes Larry yes Scott yes um Mary is she back with us Steve how do you feel I'm okay with it and I vote Yes as well so we've released a lot R but release the money requested um so I think that's it does you you have anything else do you Kristen well I just I guess I just wantan to make a comment that on behalf of the town we apologize for the delay I we're here now Daniel our new assistant planners on this call for those of you who haven't met him yet um D Daniel L I'm very familiar with CRS I've done a lot of this kind of work in the past so I'm very interested in moving it along and getting it done I would say that includes the Baseline docu documentation it includes some of the devil and the details that there can be with restrictions um I also know there's um some outstanding work with the Conservation Commission regarding the Wetland mitigation so you know if we all just keep charging ahead I feel confident we can uh can get you guys there and I think things are looking really good and I think it would be really exciting to get that open space open to the public um before the snow flies because it's going to be beautiful out there so thank you thank you appreciate it thank you thanks I um I did uh drive down um last week and look very very nice so great job benk thank you Scott thank you well know the matter as ah hand I have a good night and see you soon great thank you all right what else do we have on the agenda Woody we have two things and I wonder just on behalf of Millennium if the board might want to consider taking them out of order because one is Administrative internal stuff and the other relates to 68 Green Street okay if people want to do that just to yep so go to all all businesses what you're saying um so 68 Green Street grain properties crest for determination for project completion and approval of removal removal of approval of record plan excuse me in request for release of performance fund for B View Lane currently 35,000 being held T is TJ with us I am good evening everyone uh TJ Melvin with Millennium engineering um we were in front of the board a couple weeks ago um and Kristen had suggested a site walk uh so last week Kristen Daniel Joe and I walked the property uh we reviewed some of the items that were listed by the Conservation Commission uh as items that they wanted to see finished up um since that time that we were out there they did add some additional seating to some of the areas along the top of the slope that were a little bare uh they have removed the erosion control and started removing some of the uh Old Farm Road remnants that were were found kind of outside the limit of work line as requested by conservation um we also looked at uh the rip wrap for the outlet of the construction to Wetland uh it was noted that it wasn't in place um and walking it with Joe there's definitely rip wrap there it was kind of grown over a little bit and we didn't want to pull it apart and kind of cause a disturbance uh but there's definitely Stone there um we did agree to to add a little bit more on top um that has not been completed yet which is why we actually continued with the commission last night um as that was the only outstanding item in front of them uh we did receive a peer review letter from Joe yesterday um he asked for two minor revisions to the plan just calling out inverts uh for two of the pipes um and I believe Christ correctly me I'm wrong but I think he agreed uh to about I think it was $3,000 for the bond to be reduced down to 3,000 just to ensure the the final growth of the the seating along that area and the installation of that rip WP yeah I I would just add related to that there are two um there were two contributions to the performance Covenant um one was 30,000 and one was 5,000 um so I guess I would just offer that if the board is interested in um taking Joe's recommendation and retaining some of the performance funds it would be administratively quite a bit easier to return the 30,000 keep the 5,000 if that was of interest but either one we can do whatever makes sense during following the discussion does anyone have any questions or comments or motions this time from the board actually I'm a little bit confused Kristen you you holding 30,000 and 5,000 in different accounts um yes because um I mean it's it's probably irrelevant to this discussion what I just said um that the the total being held by the town is 35,000 so um what if any gets retain we can handle so Joe's recommendation is that we uh we lease all at 3,000 correct okay anyone have a motion any others so I would move then to release $32,000 second n okay motion made in second roll call vote Pete yes Larry yes Scott yes Mary yes Steve how do you feel I'm good and I vote Yes as well so I think that's it for now going to be going before conservation and we'll see you again in the future all so sorry I did I did have one question for the board I know as part of this we kind of asked for the final approval I'm not sure if that was something the board was still considering where we'd have to come back at some point um given that the couple items are really just ensuring the Landscaping I I just was curious on the board stance on that part um Kristen what what's the recommendation here the the final approve I think it's up to the board um I agree the outstanding items are related to the conservation commission's approval I think other than those two modifications to the asil plan that Joe mentioned in his review letter um otherwise in terms of the storm water infrastructure the tree planting everything everything else that was in the planning board's decision um seems in good shape so um so if the board wanted to uh make a determination of project completion and approval of the record plan today that would be fine you'd they'd have to come back for that 3,000 that you just decided to retain um so up to you okay thank you Kristen is there a motion for um determination of project completion and approval second that was me so moved yes do I have a second I'll second it okay motion made and second um Pete y that that's fine Larry yes Scott uh Mary y yes um actually I just just thinking um am I even able to vote on this I don't know the answer to that question I'm not sure I don't know the answer off the I don't think so and that would say that would that that would also mean I I probably shouldn't have voted on the last motion which was on the reduction so seeing that we have a quorum looks like people are all in favor I don't think my vote actually matters right so if you made another motion on the reduction I'll just won't vote and you can do the same uh on this new motion is that s right Kristen um yeah why don't you uh abstain from this vote which will complete and then you can revote sounds good and I vote Yes as well so that is on the release um the determination of the project completion now we have to go back to the release of 32,000 performance um do I have a motion for the release the move in a second second okay roll call vote uh Pete yes Larry yes uh Mary yes and I vote Yes as well so that's for the record thank you all for your time yep thank you have a good night you too all right uh next thing on the agenda is we're going back now to release of funds from escrow account for engineering review for new Golf Center Captain owner Eric sson um do I have a motion to allow the release of the remaining funds in the engineering review escro account for the Newbury Golf Center the amount of $610 120 plus an additional acred interest to back to the Newbery golf CER so move second second okay roll call vote Larry yes Pete absolutely uh Barry yes and Scott I okay I believe so yes because it's just the release of funds it's got and I vote Yes as well so that's done the next one on the list go ahead Chris just yeah these are just administrative votes for anyone listening these are administrative votes on projects that have been closed out for a while completely but we're still holding some of the applicants funds that were received for peer review engineering fees that were not were not used so we're just doing some administrative housekeeping yep so I think anyone can vote Scott should be good to vote okay the next one on the list is the governor Governor's Academy alond postal Research Center um I'd entertain a motion to allow the release of remaining funds in the engineering review asro for the Governor's Academy Alon Center in the amount of $475 20 cents plus any additional recruit interest released back to the Governor's Academy you got your motion second second okay I got Motion in second um all those in favor roll call vote Peter yes sir Larry yes Mary yes Scott yes yes and I vote Yes as well and Steve how do you feel forgot about Steve he's muted but I think he said yes okay um the next one on the list the Governor's Academy acrc pedestrian walkway i' entertain a motion to allow the release of the remaining funds in the engineering review escro account for the Govern Academy acrc pedestrian walkway in the amount of $49.93 plus any additional aced interest to the Govern back to the govern's [Music] cve uh was that a second Larry yeah okay roll call vote Pete yes Larry yes Mary yes go yes and Steve how do you feel I'm good with it thank you and I vote Yes chair votes yes as well and lastly in the release of funds seven bit of sweet Lane common driveway applicant Gage gauge fly Iden a motion to allow the release of the remaining funds in the engineering review esro account for the seven bit of sweet common driveway in the amount of $532 plus any additional ured interest to back to um Gage fly motion I I would so move and a second you have second okay motion second made um BR call vote Pete yes Larry yes May yes Scott yes Steve how do you feel good okay great and I vote Yes as well so let get that out of the way and you there's gonna be some more coming there'll be some more coming so we'll put those on the agenda in the F so uh Kristen just a question um you know on those is it or could it be really an administrative type of an of an approval with the chair's um approval as well just just a question I mean that's uh I mean these will always be around from now until the end of time right and sometimes they show up a year or two I mean just just a question I mean it's a question can can we I'm not sure if the board would even consider this but just a a question on whether or not the board would authorize um the chair and the planning director um you know to take care of this uh as administrative function I'm happy to explore that I it makes a lot of sense um when the board has already closed the project out um that maybe there's a more streamlined approach I I know um I guess I would want to talk with our Treasurer about that procedure I know this is um been the process up until now is to record not record but to get a cert certification of vote releasing those funds and that that's submitted um with the accounting request um it's a good question I'm happy to explore it yeah I mean if you could you could explore that and you could even give authorization you know for every for anything under $1,000 right I mean it you could really do it um you could put G around it that's a good suggestion Scott Kristen's I can see are making a note of it so she'll look into it we can bring that up on our future agenda to for the authorization of that if it's if it is possible okay and if there's no other questions or comments I'll move on to the next thing on the agenda October 24 financial report and I've got that right here planning board financial report October 2024 payroll and invoices authorized number one payroll warrants for planning director and special projects planner a 25-7 for pay period ending 10524 B PR 25-8 for pay period ending 101 1924 and two escro accounts a Joe shat Shaka construction inspections 105 High Road uh 10724 that is our planning report and um meeting minutes approval of the October 16th 2024 meeting minutes has do everyone here on the board had uh time to review and read the meeting minutes for October 16 uh there any edits and modifications does anyone have any hearing none I would entertain a motion to accept the October 16 meeting minutes I move to accept the October 16 meeing minutes do I have a second second okay motion made second roll call vote um Pete I'm gonna abstain stain Larry I was going to abstain myself uh where I missed the meeting okay Mary yes Scott yes Steve how do you feel yes and chair I vote Yes as well all right meeting minutes taken care of I'm sure we'll have more in the future to approve and the last thing I see on the agenda is the planning director's report kist um I'll keep it brief uh just again want to extend a welcome to Daniel and Loro um I don't know if you Daniel do you want to say hello and share anything uh I'll just keep it brief and say uh good evening and looking forward to working with all you welcome [Music] welcome hey Daniel hope you like it here um it's things are busy um we're uh actually the both Daniel and I are going out to Springfield early tomorrow morning to attend the southern New England American planners Association um annual conference which will be great I have not attended this before um and it's a good you know there's really great workshops on it a lot of what are relevant to um everything we're doing here in Newbury a lot of resiliency stuff a lot of housing stuff um zoning bylaw suggestions and recodification things that are very pertinent so um we will report back to you all about that um let's see um I guess I'll just say we are kind of moving high speed into the period of time when we should be talking very specifically about zoning amendments for annual town meeting I just heard today that the date of town meeting has actually been moved up a week so it's um April 22 I believe I'm going to just while I'm talking take a look at that yeah it's Tuesday April 22nd it previously was set for the 29th but had to move up a week so um so working on the calendar backwards towards the point in time where we need to be having um public hearings about zoning amendments so I think probably next week I'll send around a poll maybe and talk with you Wy in between about um uh time when we can gather in person and kind of dive into what the proposed zoning amendments are um reminder we will have accessory dwelling unit stuff we will have flood plane um bylaw which is a part of the zoning bylaw for newbry um both of those are being required by by the state or federal as the case may be um and then we have other modifications and amendments that Martha Taylor is working on um Gathering up and we've had several meetings with Town Council so um I think I'd love to try to schedule that in November um so stay tuned if you're all up for that and I'll that would that would be a work yeah we'll look forward to hearing from you on that so we can set a date for a workshop all right anything else no that's it thanks s um entertain motion to a Jour if if no one else has anything to say move to Jour and I have a second that was a secondary all right roll call vote Pete yes sir Mary Mary Scott I say yes everyone appreciate it very much thank you Daniel thank you Kristen welcome have a great day folks and great job Woody