##VIDEO ID:FE6Dc87qadE## okay today September 18 2024 as a preliminary matter this is Woody Knight chair of the Newbury planning board perit permit me to confirm that all members in person anticipated on the agenda are present and can hear me planning board members when I call your name please respond in the affirmative um P posos Larry Murphy here Mary yes Scott kter see Scott I did see Pete on here but he he not on the screen now either would he he me oh yep feet right I'm here just can't uh give you a visual I have a poor signal okay that's great thanks Pete um and Steve MRE an associate member here okay great so uh Scott Scott's the only one I don't see but hopefully we'll he'll be drawing us Town staff when I call your name please respond the affirmative uh Christen Grub's planning director yes okay anticipated speakers presented on the agenda please respond in the affirmative uh Damon jerson Whiffle tree Works hopefully he'll be he's just he just it's hopping on okay great and Elizabeth Mal maldari Mar ma Valley Planning Commission I think she's gonna hop on later when her agenda item comes up very good okay good evening this September 18th 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 La until March 31st 2025 for this meeting the Newber planning board is convening by video conference via Zoom as posted on the planning board's agenda which can be found at 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 meeting ID number 832 7141 3056 with the pass code 10879 or by calling in 1 92925 6099 us and entering meeting ID number and passcode when PR prompted for Zoom meetings please note that this meeting is been recording and that attendees and participating are participating by video in or telephone conference this meeting is also being broadcast live through local access cable channel 9 on and on Zoom at www.tn cv. org and the recording will be available on the Newbury access YouTube channel meeting business ground rules please uh 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 minutes as chair I will introduce each speaker on the agenda after speaking after speakers conclude their remarks I will go down the list of board members inviting each by name to provide any comment questions or motions for all attendees except board members and staff please remember to mute your computer or phone uh the mute button with your computer and the phone is star six to uh mute and unmute and when you are not speaking there will be an opportunity for public comment and questions during public hearing after board members have spok and I will afford the public an opportunity to comment and or ask questions I will seek questions and comments through Zoom raised hand function video conference participants to raise your hand hover over the bottom of the zoom window below the photo gallery and click on the gray hand that appears please ensure your name is fully and correctly displayed on the participant list you may rename yourself by using the more function next to your name telephone participants to raise your hand in a zoom meeting in a zoom meeting hit star n on your keypad I will then allow questions and comments for members of the public who have raised their hands in the order in which they are listed which is determined by the order in which people click on the raised hand function each participant will be called on to provide his or her name and address and then ask a question or make a comment I will afford the applicant or participant for his or her representative the opportunity to reply your hand will be lowered when you have been given the floor for your questions I will then continue down the list of those in the raised hand column and again afford the participant an opportunity to speak should there be a physical or electronic submitt of questions or concerns they will be noted for the record and again the participant applicant representative will be afforded the opportunity to speak if the issues raised have not yet been addressed finally each vote taken in this meeting will be conducted by roll call vote okay so we have the ground rules laid out um first thing on the agenda tonight uh we'll do uh liaison and meeting reports so we'll start with Larry with zba please yeah thanks Woody uh zba is meeting tomorrow night for their uh usual um Regular monthly meeting they've got three public hearings on the agenda two Northern Boulevard a change in use for use for commercial residential to a two family residential an increase in footprint and upward extension uh for uh 337th Street special permit uh for renovations to the existing dwelling including the deck and for 106 Street um an increase in square footage and upward extension uh I don't think any of these are issues that are likely to come before the planning board and that's um all I have for the zba okay and uh for Conservation Commission uh we had a meeting last night um I don't have my notes in front of me but we had uh public hearing on um the Sunset Club and that's going to be continued they discuss some issues there with uh being in compliance and we had um the other thing that pertained to us was uh three newb report turnpike and there was a discussion about what the the change that they had there and their their expired um order and we're going to have a s sidewalk there as well so that's all I have for conservation um monthly Financial reports this is the uh planning board financial report for July and August 2024 payroll and invoices authorized payroll Wars for planning director and special projects planning manager um PR 25-1 for pay period ending 724 PR 25-2 for pay period ending 7274 PR 25-3 for pay period ending 81024 PR 25-4 for pay period ending 8242 24 pr25 D5 for pay period ending 9724 and then planning board expensive voices is Verizon Wireless planning board iPad 725-24 and Verizon Wireless planning board iPad 8 2724 okay um meeting minutes we have uh seeking approval of the uh August 21st 24 2024 meeting minutes has everyone had a chance to review the meeting minut yes seeing nods I Scott I just seen you on that um see nods I will uh take a motion to accept if I may one one question I don't know if I have an older draft or not but Kristen if you look at the motion to set the Whiffle tree Works um site plan review public hearing for tonight the version I have uh says September 18th 2024 at 7 colon 1 p.m. I assume that should be 7:15 p.m. yes it should be thank you I'll make that edit all right with that edit I'd move to approve the August 21st 2024 meeting minutes okay uh no one else has any uh anything to point out on the minutes correct all right uh can I have a second okay I believe that was a second thank you um all roll call vote um Pete yes Larry yes Scott saw Scott say yes you muted Scott Mary yes and Steve how do you feel it's all good to me okay very good meeting minutes are approved for August 21st um Larry you've been working hard on some of these meeting minutes would you like to give us a update on meeting approvals be glad to Woody if you recall last time I reported that uh Kristen and I had had been working hard on these and we had brought the uh 2022 meeting minutes up to date for background for those who might not be familiar with it uh we did get behind during Co on some of our meeting minutes so I was able to report last time that 2022 is um uh is done and we're working hard on 2024 2021 excuse me believe I have four more to go uh for that year and then uh we'll have to take a look Kristen and see if there's anything else we're missing prior to that but I think that should be the bulk of it so I hope we can report very very soon that everything's caught up to date very good um I have 712 here uh the next thing on the agenda is the public hearing for 7:15 um would you like to maybe start your plan report Kristen sure um see if I can use up a couple minutes um it's been very busy in the planning office um I uh welcome some of the public on this call who've I've had a chance to meet and talk with um I always appreciate people coming by and saying hello so thank you um let's see uh the first marac Valley Planning Commission Commissioners meeting which I will attend as the new commissioner um is tomorrow so um that's exciting I also um will announce they have they are celebrating the marac valelly Planning Commission is celebrating their 65th anniversary um at their meeting in October um so I'll be sharing that's you know a going to be a big event Gathering celebration um I don't have the DAT right in front of me but I will share that around I believe it's October 18th um so anyway looking forward to you know representing Newbury as commissioner um at that first meeting tomorrow um there are a number of sort of smaller projects there are a couple anrs that I think will be coming to the planning board in October um we are having a discussion tomorrow about um getting out to uh finally start working on the public trail that is Will was a part of the open space residential subdivision at Caldwell Farm um as some of you may be aware that's um that was a part of the open space subdivision um but has never actually been built on the ground there is a trail Ean on paper but um we're having a meeting to to get out there and I'm very grateful to have Mason faric who's the new conservation agent um as a colleague next door to me to partic participate in that um uh looking forward to getting out on that property and um the new newly formed open space committee is also um interested in supporting that kind of Trail work so um just good to get going on some of that I see it's 7:15 so I will stop and finish up a couple more items at the end of the meeting okay thank you Chris um tonight's public hearing is Damon jerson whff Works level two site plan review submission for nonprofit educational organization at one marshmallow um Larry um as clerk would you please read the legal notice I'd be glad to would he the town of Newber planning board public hearing notice residents of the town of Newberry and other interested persons please note that on Wednesday September 18th 2024 at 7:15 p.m. the Newbury planning board will hold an online virtual public hearing via Zoom to consider a site plan review application submitted by Whiffle tree Works Inc for an expanded parking area for the nonprofit educational Arts organization on property located at one Marsh meow Lane map R22 Lot 10 within the residential agricultural District the proposed development is shown on drawings entitled site plan one marshmallow Lane Newbury Massachusetts dated February 8th 202 24 and described in supporting materials all is prepared by hay engineering Inc the application is on file with the Town Clerk and in the planning office 12 kentway Byfield Mass and may be viewed on the town's website at https colon backback www.town ofy.org planning dasboard Backpage Pages backc Curren d project- applications- and- planes for more information or um to obtain a copy of the application contact the planning office at 978 46586 2 extension 336 or by email at ass. planner toown ofy.org all persons interested or wishing to be heard relative to the proposed development are invited to participate in the meeting remotely from their computer tablet or smartphone at https colon backback us02 wb. zoom. usj back8 32714 13056 or by telephone by calling 1 92925 6099 us and using meeting ID number 83271 41356 or may watch the meeting meeting live on local access channnel 9 at www.tn cv. org uh by Woody night chair Newbury planning board and the notice was published in the Newbury board daily news on September 2nd and September 9th 2024 okay thank you Larry as a background for the planning board's public hearing tonight the Building Commissioner has reviewed the information from the applicant the applican is operating a nonprofit educational Enterprise which is a use Allowed by right according to mgl uh 48 Section 3 site plan review is the required method of review the board will be using the towns zoning bylaw chapter 97 article 9 special regulations to guide this review process the purpose of this regulation is to protect the health safety convenience and general welfare of the public by providing for a comprehensive review procedure of plans for uses and structures which may have impacts on traffic parking services and utilities Environmental Quality Water Resources drainage and Community character uh well welcome Damon um would you like to present yeah if I may I just need to recuse myself from this process as I'm a director butter thank you okay thank you Pete welcome Damon thank you Woody for and the rest of the planning board and everyone for attending um I think there has been some confusion about this project given some of the legal hoops and uh advice that I have followed but what I'm proposing tonight is the expanded barking around the historic Barn which will allow us to use it to further the mission of Whiffle tree Works which is a 501c non for profit 501c3 sorry non for-profit which aims to encourage and facilitate the development of Arts in our area and the appreciation of the natural beauty of our surroundings um the parking plan is designed to have minimal impact we have removed all parking along Marsh Meadow Lane until the barn because one of our previous events caused disruption on Orchard Street uh we have met with both the fire chief and the police chief to ensure that that this parking meets with their approval and uh I don't know what else you would like from me at this time um Gren you have the do you want to share the plan sure I Damon you want to kind of Point anything out on the plan can put put that up on the screen right is that showing yep okay so this let let you start with the first one that you submitted Damon which is the overview of the property so if we look at this Orchard Street is out here where the mouse is now on the bottom left corner of the screen marshmallow Lane comes in here we have the driveway for The Farmhouse which goes up there and then parking is proposed on either side of the driveway of the barn so you see these spots here and there the handicapped access is this area right here with that black spot we have existing parking that we've been using behind the barn there's a lower driveway to the basement where we're proposing a few more parking spots and on the far side of the building the driveway comes back to marshm Lane and there are a number of spots right there we have proposed overflow parking which can come along marshmallow Lane once you're past the building and also use the even rides parking down at the horse farm should it be necessary for a large event are there any questions um do we want to before I entertain questions from the board oh sorry um do you want to read the department Department reviews U Kristen from the police and the fire um I'll I'll give a little background which if some of you on the call have had a chance to look at the site plan review regulations it lays out that there um should be a pre-application U meeting where the applicant comes in with their plans and it's reviewed by Department um directors so we did hold that in August um and you know had a chance for the department heads to look at the plans up close ask questions um as a followup to that both the fire chief and police chief um have done site visits with the applicant and you know I wasn't on those so if there questions you know Damon will be able to answer those um but uh do you want me to Woody do you want me to read the whole letter it's entirely up to you or you can just uh face uh read a short version of it the what's important yeah they're not they're not too long I guess I might as well in case there people on the call who haven't had a chance to see them yet they are posted on the website um so from the police chief um dear newb planning board on Monday August 5th 2024 I participated in a meeting to review the site plan for Whiffle tree works as outlined in the planning board public hearing notes associated with the September 18th public hearing subsequent to that meeting on Friday September 6th deputy chief Aaron weski and I went to one marshmallow Lane Byfield and physically assessed and discussed the plans with Mr Damon jerson part of that assessment was parking Vehicles where the new spots would be and physically ensuring that a marked Cruiser had safe and reasonable access around the entire perimeter of the building including appropriate Street access um at this time I find that the proposed plan does not restrict or hinder emergency police vehicle access to the barns or the street Patricia fiser chief of police um and then the letter from the fire chief uh Dear Mr jerson this letter is a followup to our conversation and walk through yesterday on September 12th 2024 at one marshmallow Lane regarding emergency vehicle access at the hay barn the fire department had ladder eight and tanker to attempt to assess to access the existing driveways one and three um so Damon one's at the bottom right yes this is we for the purpose of discussion we called this one this two and this three even though this one wraps all the way around the building building continuously uh just so that we could have clear notes and guidance on what to do okay so um attempted to access the existing driveways number one and three and had problems maneuvering through due to the Granite Boulders and fencing at both access points driveway number three also had three heavy duty poles inhibiting easy access which made turning in from the main driveway difficult by removing the boulders on both sides of driveway one and leveling the ground on the right side it would make access much easier for emergency vehicles driveway number three we discussed altering the fence on the left of the driveway move it back at an angle towards the barn and removing two of the poles on the right side of the driveway once through the access points number one and three both apparatuses were able to drive around the barn but we voiced concerns regarding the granite wall in the back which could be a problem in bad weather for Access egress of emergency vehicles we also asked if the access road was engineered for heavy equipment we recommend that the rock wall on the back be removed or pushed back to allow for easier access around the barn driveway number two in the middle from the main driveway we discussed removing the first length of fencing and the granite Boulder on the left side we recommend leaving the boulders on the right side due to the drainage system they are protecting thank you for taking the time and including the fire department in the walkth through and allowing us to talk through our safety concerns regarding the project as I stated in our conversation safety is our main concern when responding to any type of emergency with the recommendations and requests to remove Boulders and fencing around the driveways these will allow for better and quicker access in case of an emergency at this location um thank you and we look forward to working with you and your family in the future uh respectfully David Evans chief of the fire department okay thank you Kristen y um now I'll ask each board member they have any questions for the applican uh Larry you have any questions uh yeah I do have a few uh Damon you mentioned the previous event that caused problems um on Orchard what was what sort of event was that that was a craft fair that uh I put together with my brother and a couple of friends we invited local artists and we shared stalls in the barn uh it was in December and it was uh something that we threw together um in the hopes of being able to provide a safe space during covid for people to gather and see art um um and it was successful well beyond our anticipation we had anticipated about 200 people over the 4our period and we had close to 800 people um and so we were not adequately prepared for the number of vehicles that arrived uh which is part of why we've posted the whole end of marsh Meadow Lane as a no parking area because people pulled on to Marsh Meadow saw that there were cars parked and then went out and parked on Orchard Street which is not uh I believe is not a an area where people are supposed to park regularly so how how many U Vehicles were you able to accommodate parking on marshmallow on site for that event um I would have to guesstimate I know we've had well over 200 for horse shows um but the hor shows they pull further down and we've used the The Paddock on both sides for parking um I was both running the event and uh selling items during that time so I didn't do a a car count we did a count of how many people came through which is how we know how many people or were there but we did not do a vehicle count at that time I I guess what I'm trying to get at maybe I should address it more directly it looks like you're adding what uh 34 event parking spaces and is it six regular parking spaces and two handicapped yep so 40 additional is that 40 additional spaces or are you simply moving them from one one area to another um well the six space that additional most of the parking that we're trying to do is uh sort of like what is done over at Spencer Pierce which is on grass parking um so what we're trying not to do is to serve a lot of ground and create permanent parking that will be used a couple of times a year um so I'm not a I don't feel like I'm answering your question but the the parking spots around the barn are kind of existent because we've been using the structure for years and years and years um what we have done in the hopes of being able to host events is created and designated these spots um to show that they exist and they can be used and I think that we have more than enough cap ability uh further down marshmallow Lane should we decide to have a a large event to do the onass parking that uh would allow us to do more cars but we're Limited in the number of uh occupants we can have in the barn and so 35 seemed like sufficient number of vehicles for any event that we could host with the current set up of the structure what is the occupancy uh 99 99 for the barn and and I guess again what I'm trying to back into here is uh uh is is just is this additional parking going to be enough to take the pressure off of Orchard Street I believe it is um like I said we have eliminated any parking near Orchard Street so the people are coming all the way onto the property before they begin the parking process um so I feel like if we go Kristen could we pull back up the larger map so right now we show a parking here and there as part of the Overflow parking but we have parked on this piece of property right here Damon just sorry it's just my cursor that people can see I think so I'm not sure um if you want to tell me where to point so if you come down to the barn section um this area between the circle that is sort of a light greenish color and is directly across from the um oh down here yep so if you go towards the bottom of the screen Sor right yep uh not that far down so there's sort of a light green patch that is moving to the south of the circle right now that whole area contained sort of by those white patches the circle and the road we have used for parking in the past as on grass parking and then we have more considerably more parking capability at the horse farm than is shown on the plans uh the engineer said well these are you know you have way more parking I'll just put in the 35 you need for the regulation so the as I said during horse shows in the past we've had well over 200 people park there 200 Vehicles park there including horse trailer some of which are uh 18 horse trailers so the capacity of the property to hold the parking is far in excess of what the building can hold okay good thank you um Damon I I take it from your earlier remarks you're you're okay with the fire department's recommendations yes I sent some pictures to Chief Evans and uh Kristen grubs today showing the removal of the stones and the fence and the two poles I've not reset the the last the fence that they asked to be angled but everything else I have uh already accomplished okay I just got one or two more quick questions I I I see that in the Nar that that you're intending to use porta potties but there's also a septic system shown on the plan is that uh still your intention to use the P poies yes so as we start off uh we're not expecting to be overly active we're still three seasons there's no heat in the barn um we have to prove the sort of viability of the space and the concept before uh will be allowed to essentially make improvements or upgrades [Music] so the idea of eventually I would love to bring water to the building have a bathroom all of those things but at present it's just a barn that we uh are drying garlic in and storing hay in so that is the foreseeable plan for the next couple of years would be to provide bathrooms during porta-potties during events or classes and the Board of Health is okay with that to the best of my knowledge yes okay all right thank you thank you Woody I don't have any further questions right now all right thank you Larry um Mary do you have any questions what up for me no Mary oh Mary's on mute Mary you're muted can't um this is for Damon yes Damon I just wondered how much the how many people can be accommodated safely in the barn and if you've said it before I apologize our occupancy is set at 99 should we never wish to do anything more than that we would have to sprinkle the building okay okay 99 wow okay it's a small venue per se okay thank you Mary you're all set I am I just oh I'm sorry thank you Woody uh Damon one last thing do you have any plans to expand the capacity should things take off in a direction you're happy with at present no I mean I feel like 99 people is I've never had 99 people in the barn I feel like that would be pretty tight um again that would be many steps down the road where we you know would first have to bring water to the building then put in a septic and then potentially sprinkle the building if we ever thought that was the way to go um okay I know that they did it in Topsfield right that Barn in the center of town there sprinkled um but I don't I don't particularly like the idea and I don't see it as being necessary uh for anything that I'm envisioning right now okay just just want to be sure thank you right thank you Mary um Scott do you have any questions yeah I had a couple of questions that um Larry asked already um about the uh the fire and the police department sounds like um um you you already made some adjustments you get a little bit more work to to do uh even prior to getting uh an approval which is um you know um it's uh it's nice that you've done that um I think my my other question would be I'm just interesting for interested in and by the way I had a chance to drive through the property today um it's lovely back there um and uh um saw the barn looks like uh it's a great space so um um what a fabulous property you have um but um I guess my my question would be with respect to events um you know what um how late do they go I mean do they do they end at 5 or do they end at dusk or uh they typically during the three seasons where um you don't you don't need um uh heat um what's the what's the story there D so the the current plan is for daytime operations and so that varies as you know pretty wildly daytime stops at about 4 in January but goes uh till about 8 o'clock in the middle of the summer um but so yeah the question is what what are the when are the events going to be they would be daytime we don't have the sort of facility nor do we intend to where you could I don't want to put a bunch of uh Street lamps up and have a big parking lot that people could safely walk to and from the barn so it's my intention is never to have large capacity events at night because I I don't think we could do it safely and I don't want to endanger the property having someone walking around in the dark okay so you haven't it's it's during the day you don't intend to you know have uh anything other than during the day um so if there were concerns by a Butters you know with um significantly more traffic uh through the property during the evening or nighttime hours with headlights um that wouldn't be anything more I guess uh than how it exists today not at present I mean I can't promise that you know 50 years from now won't be different but for the time being the people who are going to access that building at night will be the family when we're using it for Farm purposes okay thank you I just gonna thank him for the compliments about the barn I think it's a beautiful area too you're welcome thanks Scott um Steve do you have any questions yes I do I had a few uh some of which Larry and Scot I have touched upon but U let me start by going backwards I guess by saying I'll be interested in hearing what the public has to say as well and that might Inspire some more questioning on our part as well um with the traffic I found myself trying to resolve U the 34 new spaces versus your narrative which discusses how for some events you might have U 100 vehicles coming in and to me that seems to be something that needs more elaboration um in addition to what you already said to Larry again it sounds to me like it could be creating something that needs further discussion or elaboration um some of my other comments go back to um down the road and that when I read the narrative uh at the very beginning you mentioned um all the activities that might occur I found myself thinking well the way the narrative it was phrased you said that for instance as you just said with Scott lighting wasn't going to be an issue because you anticipated daytime activities only at this time but what might be down the road is to be determined uh now down the road could be a year from now or 50 years from now as you said and I think that um nighttime lighting or lighting at night and how late it can be would be an important issue for the board to consider consider and perhaps for you to elaborate on a bit more um by the way you can interrupt me at any time but I'm really not trying to get you to you know give definitive answers at the moment Damon just to let you know what I'm thinking about um so too with the nature of events uh I believe you mentioned music in your narrative and that gets to music and how far the sound will carry whether it be daytime or some future nighttime and that might be something that would be a concern to the abutters um you also mentioned a circus in your narrative that caught my eye too whether we're going to see you know bleeding Elephants or gymnastics being done but again with that goes to is how the narrative is rather open-ended about what might be happening down the road and I think we might anticipate some discussion about whether things need to be constrained in the beginning with perhaps opening it up as time goes by and we uh learn some stuff likewise uh it was mentioned of the Porta parties and water and sewer and sprinkling the building and that sort of thing and what caught my eye again looping back to your uh narrative is you mentioned some um cooking related activities and to me activities that involve food pre and that sort of thing might argue for for more than Porta parties and a uh and whatever water supply you're envisioning with the facility can I stop you and and answer some of these Steve surely okay so part of the open-endedness is on the advice of legal councel they said that you should include everything you can possibly imagine ever wanting to do because if you you don't then you once you've left it out it's out forever now anything like a food preparation any person like if we do a a catered event they have to get the license they have to get their approval through the Board of Health same with a food truck any of those sorts of things you know I was talking to Zach one of the neighbor because of his concerns and I said you know if we ever did a wanted to do a wedding ceremony in the space it would require a special permit we'd have to come back before the town the same with if we change the parking again so that we could do a nighttime event we'd be back before the planning board because we would I think quite rightly be required to have lights in at the parking spaces lighted walkways all all of those sorts of things would be required at that point it's not in my vision at this point but I'm also not going to lie and say that can never happen you know I'm not a politician anymore because I kept telling people the truth and they fired me um I'm not going to pretend that I know what's going to happen with this organization you know I don't even know if we'll be going in four years but I I have a dream I would love for this to be a successful thing you know would I potentially love to see music in there you know a couple times a year a few nights sure that would be great will it ever justify the expense of putting in more parking and having lights maybe not you know I just don't know but I'm not going to say you know I'm not going to lie to my neighbors and say there will never be music there maybe there will you know I can hear the music from Triton when the band is practicing is there a disruption certainly do I also live on this property and want you know heavy metal concerts going down at the end of my road no um so there's a lot of there's a lot of potential it's a beautiful spot and I don't want to limit the potential but any anytime we do anything that's a change from what we've said here requires us to come back to either the Health Board the planning board the selectman for a special permit you know there's no we have certain things we can do as a right we can teach classes we can host events but we can't violate Town laws uh which is I think a lot of the concern that it's going to become a concert venue it's not it's not in my interest I don't think it would serve the community very well and it's not does not agree with the mission of the of Whiffle tree so you know if EJ olette teaches classes and wants to do a barn dance there sometime that matches our mission you know he's a local artist he has local students a barn dance is in keeping with the character and nature of the structure and its history um you know Metallica comes to town I like Metallica they're not playing in my barn Damon I appreciate that and again I would my main U goal in putting that out was simply to put it out there for um you to hear what at least was on my mind and I appreciate your response and maybe there will be some square dancing in the barn sometime for 99 people right with that I'm done for now Woody all right thank you Steve thanks for the reply Dam um okay uh Kristen do we have any uh written submittals of public comment yes uh there were two letters received I don't know if um I'm happy to read them or if the authors of the letter are on the call maybe it's maybe it's worth asking um sit in the dark um well would you might as well read them into the record CH if you don't mind okay so this letter was received written to the planning board um received on September 10th um attention to the planning director and the planning board members I'm writing to the planning board as one of the residents of Maple Street um bfield Mass I want to bring a few concerns to the planning board members attention for the upcoming hearing on September 18th um regarding Whiffle tree works I have great concerns over the traffic flow from Whiffle tree Works events please take into consideration that Maple Street is not a public road please refer to the select board meeting d dated February 13th 2024 Town Administrator and Town Council for more information as you pull out of marsh meow Lane Maple Street is straight across Orchard Street Maple Street is a narrow dirt road maintained privately the width of the road leaves access for emergency vehicles with no parking anywhere on the road the width also makes it hard for two vehicles to pass each other my hope would be that the board could visit this site there is concern for the Overflow of traffic waiting to attend Whiffle tree Works events this traffic would have an impact on the whole neighborhood in the past traffic circled around using middle Maple and Orchard Street while waiting to attend the event cars lined Orchard and Maple Street parking and moving around the block made it impossible at times for homeowners to come and go being that Maple Street is not a public road there is great concern for the use of the street as an Ingress or erass for Whiffle tree Works events sincerely Gail Miser um I believe she's at 8 Maple Street I don't have that written on the letter right here second letter um received this afternoon um hello I'm an AB butter at 17 Austin Lane and our homes face the jeterson barn we along with our neighbors have serious concerns in regards to the parking to be allowed at that property in the application it says that parking would cause minimal impact because there is Lush vegetation blocking our views that is simply incorrect we have clear views of the parking so much so that a single car with headlights can shine into our home I am attaching this concerning image as a reference this will surely cause a lot of issues with neighborhood and Resident complaints especially since we signed to buy our home under the legal premises of agriculture agricultural residential zoning whereby this would be setting a new precedent in motion for nonprofit applications in residential areas also noise at night can be clearly heard inside our homes whenever an event is held there this causes major concerns for our sleeping children or to enjoy quiet evenings in our backyard thank you for your attention to this matter Zach yuran I apologize if I didn't say either name correctly okay thank you for reading the public written comments into the record um all right now we'll go to the public do we have any hand raised hands this evening come does anyone see any raised hands yes they're they're just popping in um so I'll just Woody would you like me to just take them in the order they're on the the list here yes if you can see them it's easier for you to see them sure um the the top hand is Andrew Samuels hi how you doing could you just make sure to State your address for the minutes please yep thanks all right so uh my my address is uh 22 Orchard Street so I'm going direct a butter uh of maple Street uh I just had a couple questions uh I did not receive or have not written or read the mission statement so I just wanted to hear more about like what kind of educating is going to be going on at the farm is it kids is it adults like it seems very very open-ended and everything that's been said tonight has not really done anything to dissuade that open-endedness and it kind of feels like this is a a w to get the parking and then expand in the future if you know as Damon said if he decides to do it that way or if it feels right or if things are working well um the second thing is when there was all the cars on Orchard Street Damon said that he was busy running the event and there was no one moderating the parking and I want to know who's going to be policing that in future events who's going to be making sure that people are pulling into the right spots people are not backed on to Orchard or uh any of the surrounding areas would you like respond to that Woody yes would you like to respond to that pleas yes we plan to have classes for both kids and adults and the parking issue as I said we were caught off guard we'd asked for RSVPs we doubled the amount of uh people we had anticipated from the RSVPs and we got four times that number um I've talked with Patty and both and chief Evans um should we plan another event we'll be doing it in coordination with the police we will have a police detail we'll have more people who are we had one person parking cars because we thought that was sufficient we have since learned our lesson you know it's a having wild success once does not mean that we'll ever have that many people try to attend an event again but we would like it C can I just ask a quick followup question um are the events going to be then just open events where anyone can show up or they because you mentioned classes and for me as an educator I would think classes you like people sign up for a class and you know how many people are coming but is are they going to be open events where it's like okay here's the thing that's happening you know we're hoping this many people show up but whoops if this many people show up because they're really excited about it now we're scrambling to figure out what to do the classes would be structured as as most are with a cap of you know depending on the class 12 people so for a class it's not an open invitation the the event that caused the issue was a craft fair that's a a publicized event and so yes for something like that it's open-ended but we know now that we need to give more time and do more planning about the parking uh I think you know if you are starting a new thing and you don't make a mistake I'd be amazed uh beating me up for the parking on an event that happened three four years ago you guys can be worried about it but no one was happy about it and we've taken steps to make it better so I don't know what else you want me to say about that we've we believe as do the police chief and the fire chief that we can keep keep the cars contained and off of Orchard Street I just you know I'm not trying to beat you up about it but I also don't really think you've come up with a clear plan um and I don't think I've heard once this entire time you mentioned any concern for anyone except yourself and your dream and we're all happy that you have a dream we also bought homes in this area um we like Liv in this area because it's peaceful and it's quiet and you know I don't think it's fair for your dream and whatever your dream turns into in the next 5 10 15 years to adversely affect tons of people that paid a lot of money to live in this neighborhood and pay taxes and live in this town and that's all I got to say thanks thank you Andrew uh Kristen who's next on the list sorry um Channing Howard okay Channing would you state your name and address for the record and uh ask a question please you're you're muted Channing Channing Howard 61 Central Street Byfield and I am the chairman of the historic commission at the same time um the question is for you the chair uh has the building restriction agreement on the property for said lot six been addressed uh about its restrictions for the structure the landscape uh and everything everything on lot six I I honestly could you repeat the question please Ching is that directed to me yes yes uh I I was not part and parcel of the first meeting uh has the building restriction agreement on this lot which is lot six uh and it's a appendix uh been addressed by your board you're the board that holds this agreement in relation to the structures and the landscape and the premises quote unquote I I'm una I'm unaware of any restrictions um Kristen do you know of any restrictions on the bond um I so there is a historic restriction I I would welcome chanon to if you have it in front of you I don't have it in front of me um but my understanding is there no proposed changes to the building um so I don't I can't answer if there is or is not relevance to the Restriction but happy to talk about it okay well the Restriction was written when the this uh property was broken up uh in 19 1976 and the Restriction not only includes the buildings but the property the landscape fences and stone walls uh and any alterations do need to follow uh the uh Secretary of interior standard for treatment of historic properties including treatment of cultural landscapes so so my understanding is the planning board did review the renovations to the barn in more recent years so again I'm assuming that the current conditions are in uh aligned with what the restrictions say but um just yeah appreciate it being raised and if you know the planning boards uh can consider that as they review this project any other questions tranning uh no all right thank you who's next on the list Kristen um Thomas Collins all right Thomas Collins please state your name and address for the rec and what is your question sir yes uh Thomas Collins 15 Austin Lane a director butter I have a question and then my wife uh Lori has a question also so my question is uh looking at the layout of the parking spaces that are proposed what is the actual material going to be used is it going to be asphalt is it going to be some sort of a um stone dust uh or is it just simply going to be uh lines in Grass D the parking the only parking that is going to be stone dust is for the handicap parking spots uh which have certain standards that have to be adhered to all other parking will be as done both at theater in the open and Spencer Pierce and the other non-for-profits in the area that Park on grass and has there been any uh drainage studies done uh due to the impact of parking in those areas no I don't believe that parking on the grass will change the drainage and ask that question I said have there been any studies done the answer to the question is no thank you like that noted thank you I'm GNA pass this to my wife Laur now hi um I just want to say that we have some concerns about the scope of the project um in a previous meeting the applicants lawyer actually said if this is PED um neighbors concerns don't apply I would really love an explanation of that um and my other question is I work for the town of ipswitch and every two years we have to take an ethics test we had Town employees do um elected employees do do even appointed employees do and it's very specific I see that someone from the board has already recused themsel but for people who have personal and business relationships with the applicant um they really should review that ethics exam and see if it applies to anyone else thanks okay Damon would you like to reply to Lor's question uh I don't recall the comment that she's referencing but I think what it is is the nature of the as of Rights for a 501c3 um there are certain things that are guaranteed by right and I think that's what she's referring to I'm not sure thank you um the next person on the list please CH yeah um Alyssa rice okay please state your name and address for the record please ask a question hi um this is Alysa rice I am at 7R Austin Lane um I just have some questions may maybe make some statements um I'm not only live at Austin Lane but I am a customer at uh the even stride horse facility um so I can personally attest that in the past five years there is not been more than 200 cars or even close to that amount at any of the home horse shows in the past five years um just going on record with that um that being said it's an agricultural area I have a 10-year-old daughter who rides her Pony up and down that street now if there's an event during the day with cars parked on both sides there are no curbs so you have your pedestrians walking in the middle of the street has anyone thought about the safety of both the pedestrians and the people that are there with that you know as of right a agricultural use do you want me to keep going or should we pause um please finish with sure statement thank you no worries um and you know Damon and I understand that you can't predict the future and what is going to happen with the barn and the events um I do remember quite clearly as I'm sure a lot of my neighbors who attended the initial application two years ago in person at the um uh the town meeting and someone you your original proposal was to go in for a zoning change um and someone on the board had said well if you just come in as a nonprofit you know this this is more likely to go through and at that time you said the farm needs to sustain itself that is I believe you said not a possibility or not an option or it wouldn't work so apparently we've shifted a little now um and I I'm very concerned with the I understand night events or Day events but is there any way that we can limit ours for this Barn I know there was a a celebration or remembrance I think it was in the fall and there was a band playing and I am not a direct but I am my we have a lot of land that actually directly borders part of this parcel um not this parcel here but other Parcels there and my house was shaking from the noise level so you know and that was I think nine o'clock at night 10 o'clock at night so is there any way that you know moving this forward we can put some restrictions on you know times or allowable hours for events I mean I personally don't have any problems with craft beers if parking is managed correctly um you know I'm not going to crucify Damon for something that happened a couple years ago that you know he's he's come to the plate and recognized it was a bad situation all around and you know trying to find ways to remedy it but I'm more concerned that as the other neighbors that we bought this H we bought we paid a lot of money for these homes in this neighborhood to have a peace you know and I don't want to be up at 9:30 at night listening to you know bands playing that's that's it okay thank you Alissa your comments will be noted by the board um and taken into into consideration definely um is there anyone Elsey can I say something really quickly yes go right ahead it just it occurs to me I see all the raised hands and I'm listening to the comments um I does it does it seem to anyone else that there are a lot of unanswered questions that may be going back to some kind of a a starting point with some kind of a plan uh with some of these gaps filled in might make more sense for for public meeting and you know right now everything is just like fair game it there's nothing there there's not a there there it a great idea a great concept um and a great venue but the venue has its problems and and also there's there's not an objective um short-term or long-term plan as I see it just to make not that it can't change but just to make people feel safe with where this is heading right now or for the next whatever many years um and I think Mr Samuels uh said it nicely was just there are a lot of unanswered questions that maybe a public hearing can't approach right now because there's just too much that hasn't been decided if I may Woody yes go right ahead I was just gon to say would you like to speak to that Dam this is a discussion of the parking the as of Rights for the use of the property is determined and set by law it's not the discussion we are here to discuss the parking what we do on the property is determined by other laws that's not tonight's topic it's not what the hearing is about this is not setting the hours of operation none of that is part of this discussion this is a parking hearing you know I'm happy to discuss whether or not walking on the property makes sense during events it is as a I've had it explained to me we have a fee interest on the road so we can close the road during an event if we don't want people walking on it you know the horse farm is part of my family's operation the reason the reason we started with the zoning change is it was my understanding from the town lawyer that that gave the cleanest and best approach it has always been my idea to start a non-for-profit for the property that's what we're doing the town does not have noise ordinances it was something I tried to push through as a selectman it's something you could go to the selectman again for again I as I've stated earlier if we have an event such as a music event it requires a special permit and at that time that is when we would set the hours we can set decibal levels all of that will be determined event by event you know when does a wedding have to shut down I know many of my neighbors have had parties I can hear them people have weddings in their backyards you know I think you guys are trying to hold me a to standards that are not pertinent to this hearing and B that are not pertinent to the scope of what I've described doing anytime we leave the scope that is describ cried we need to go back for a special permit okay thank you damid um Kristen is there any more raised hands um there are and I just I just I guess want to say that there is there are site plan review regulations and that's what the planning board is using to review this project so um it available for everyone to look at the things that can be considered in this site plan review um and that's uh just objective information um it's not there's not a subjective uh Randomness around this process so I just wanted to make that comment um the next hand is Ryan small yes Ryan please state your name and address for the record thank you yeah uh Ryan small I'm at 19 Austin Lane direct a butter to the barn um I just want to say thank you for your time tonight um also you know I might as well throw it out there thank you to Damon I I heard he met with Zach y me and my next door neighbor recently so um that was nice to hear I know when we've approached this conversation before um one of our concerns was that we hadn't had any communication or it didn't seem like they wanted to reach out to us on you know the abutter side of things so I do appreciate that um given what we had said about you know this being more of a parking conversation I will just say that I Echo all of my neighbors when it comes to all of the concerns about the vagueness of how deep this um entertainment can go or um which directions it can go in which times of the day can go in so I understand that that will be held at special permit events which which is nice to hear because that was one of my biggest concerns um but you know just remember I bought this house in 2021 or 2020 yeah 20121 almost three years now in Halloween um you know when I walked into the backyard it was beautiful Serene quiet looking out at the barn I love the barn it's beautiful I love the idea of you know certain events I respect art I love music like I I get I get all the situation but for me as everyone said spent a lot of money on the house uh it's my safe space it's my my everything it's my dream home and I have two little kids I have a three-year-old and a seven-year-old um that I just put to bed cheer you know after cheerleading practice for Triton and um you know they go out in that backyard every day and one of my favorite things is that I now I used to live in peid and I didn't really have the safest neighborhood but I now have a neighborhood that my kids can go in their backyard and run around and I can see them out the kitchen window I can see them out the dining room window we have a trampoline we have a zip line all of this is within feet of that rock wall which granted right now you can't see too much of the barn property because of the growth but in the winter you can see everything that all of the growth you know dies down and so my main concern here with the parking situation I saw the you know the PDF and I saw the red zones on it and I mean that's right up against my house it's the entire rock wall and I'm afraid that you know we're going to be inviting basically people from anywhere all over the place to come and I understand to enjoy the barn the property I get it but for me I just think about where I'm coming from now I have to worry about my three-year-old and my seven-year-old um you know any sort of awful situation you can imagine with someone from the public that I'm not you know comfortable with or know or have anything to do with now all of a sudden they're going to be in my up against my backyard who knows how often or for how long um you know and and now I'm I'm starting to have fears about my my kids just having a safe place to play you know my daughter can walk over the my three-year-old can walk over the rock wall if she wanted to it's no problem it's not like it's you know uh a barrier so what I'm basically saying is there's a real ease of access for the public to get into my yard or to you know talk to my children right over the wall and that would be my main concern right now with the parking situation um you know my kids aren't growing up anytime soon and they're going to be spending a lot of those developmental years out there in the backyard so um if this is strictly a parking conversation I will keep it to that but um thank you all for your time okay thank you Ryan Yes Yes Larry would did you mind have I jump in for a second yes go right ahead please here there's I think there's a lot of confusion understandbly a lot of confusion o over procedurally what we're doing here um the last series of hearings were before the select board uh what was that a year and a half ago Damon two years ago something like that um when uh Damon applied for a special permit or and I believe it was an entertainment license but whatever it was I I don't recall special permit is is a is a very distinct and different type of proceeding to what we're dealing with here tonight okay and that was eventually withdrawn special permit requires a 4ths vote from the special permit granting Authority which would have been the select board at that time Damon withdrew that and now what he's done is he formed a charitable Corporation okay by Massachusetts law we can't limit the activities of a charitable Corporation okay but as as he proposes each of these different activities it would ultimately be the uh Building Commissioner who would make the call The Building Commissioner is the enforcing authority to determine if any particular activity is considered educational or charitable or something else I wouldn't consider um a wedding reception for example to fall into the category of charitable or educational um we cannot prohibit a charitable or educational use of this property under site plan review what we can do is put reasonable um limitations on it to um to protect a whole host of of uh values that are set out in the um in our by lot and at some point we will have to go through all of those I will disagree with Damon this is more than about parking okay it's about addressing all of the concerns that are set out in the site plan re r review bylaw and that would include in I in my opinion things like limitation of hours of operation or protections against um overburdening parking on uh or or traffic on Orchard or Maple so again keep in mind what we're here to do we're not here to tell him he can do this or do that but what what we are here to do is to look at what might be reasonable limitations or restrictions on any activities on the property I hope I haven't made things even more confusing for everyone but uh again it it's um uh educational and charitable um activities um enjoy special protection under the law and again we can't tell them what what is or is not charitable or educational that's going to be up to the building commissioner at the time so I hope that helps and I hope I haven't just confused people more it does no it helps Larry yes thank you Larry all right well back to uh list of public comments Kristen who do we have next um I think Helen Mar toio okay um Helen could you're muted could you unmute yourself and please State your uh name and address for the record thank you uh yes my name is Helen Mario I live at 24 Orchard Street bfield I'm I'm in a butter of marshmallow and I don't want to necessarily repeat a lot of the things that some of my my um neighbors have said but you know for me as um as it was when this was proposed a couple of years ago I feel that it's very Broad in terms of like what needs to be done and I understand that we're not here to say you can't and can't do anything I just think in terms of making decisions about like hours of operation different types of regulations it's so broad I'm not sure like how you can sit me and I think that at this point is there any business plan for what is like the next six months the next like 18 months look like in terms of what the the business plan is for having classes at the bot you know the the frequency the type of classes as well um I also feel that I've lived at um at 24 Orchard Street for 33 years um so I've seen a lot of change in respect to the traffic on the road and I mean I have to agree with um one of our neighbors that at this point the horse shows really don't don't create a a huge issue in terms of traffic I have to say they're probably some of more respectful drivers on Orchard Street especially when you have someone with the trailer with their horses they they usually driving at a slower pace and I think that um increasing the number of cars that are visiting the neighborhood um you know there's I walk my dog I mean for over 30 years I've walked a dog on Orchard Street and there's many of times when it's two cars in me and I'm and like I don't know where I'm supposed to go and because a lot of cars don't stop so I mean that's my concern is there's some level of increase to traffic um and I think also cars coming out of um you know marshmallow there's no stop sign there and if we're going to increase maybe the traffic that's going to come there do we have to consider that I mean that's really just Public Safety item is just have people consider stopping as opposed to doing the roll out on Ard Street the same thing I would say I mean mle isn't part of it but same kind of thing there is that people you know just sometimes um you know pull out fast and don't you know consider looking as's coming left or right on the on the street so you know I guess that's just to I mean like I said a lot of people have stated a lot of things but my concern is that there's a you know I I I don't necessarily disapprove with the wanting of have classes and so forth I just it's more just like understanding um there's I I feel like I read the application for the nonprofit I read The Narrative of what's expected they're kind of different and I you know I get maybe the you know your gu to like create something very broad for the nonprofit but I just think that so is someone to ask questions I just think it's opening it up for a lot of I don't know how you I don't know how you put boundaries around that with respect to like you know the types of hours of use and like the number of people with certain things and how do you manage crowd control and so so forth so um that's just my you know my comment is that it's just I think then we need more definition and maybe understanding that business plan looks like for the next X X period of time would be helpful okay thank you Helen for your comment you want me to respond with you or if you if you would like to respond go ahead Damon otherwise we'll move on to the next question um I'd be happy to put a stop sign at the end of marsh meow Lane uh if the planning board thinks it's a good idea um as far as the business plan goes we are in limbo right now uh because we need certain steps to be done before we can start to actually make plans you know we can't schedule a class right now because we can't park people at the property so we're moving into winter I don't believe anything is going to happen at this point before winter um you know since we were planning daytime use I didn't put in hours of operation because a I forgot to ask the lawyer if we do hours of operation is it actually going to afflect how the family can use the property on hours when the Whiffle tree is not using the property because you know I go to the barn sometimes late at night because I have to bring an animal something from an animal or bring you know it's when I can do the work um but you know we could do whatever makes if it's easier to do hours of operation are six to n or whatever you know we decide that's fine you know we won't be using it after dark but I think that seems like something that would make people more comfortable and so that's a discussion I'm perfectly happy to have my I just real quick I I still like I understand that you're still going through the process of trying to um make changes regarding what the fire department's asked to do and so forth but I also think in the future in your head you must have some kind of a plan as to you must have PE potentially um instructors lined up who are interested so I I just think that um well I mean but you say no but I mean person behind you but the thing is is that I there's got to me there has to be there it just is you should I mean helping I think having a plan just makes sense um and starting to have a plan what the prop poos plan is as opposed to just kind have x classes and this and then also explain the types of classes I just think but that's that's that's I justess that's I think in terms of business planning that just it's you know you have to um come up with something to start with the you know forecasting thanks okay thank you hen um kesten who's y next is Jane o'keef hi um j o Keef I'm at 11 Maple Street which is directly across the street from marshmallow Lane and on the corner of Orchard as well um and I agree with everything that Helen said of course um but I also have um sticking to the parking really because I think that you know that's what we're talking about tonight and one of the things that even though the the show that we had the the craft fair that we had was lot larger than you expected Damon the the traffic was horrendous um on my road which is a private road as you know um but my husband and I couldn't even get up and down our street and um Orchard Street was a disaster we had um you know uh Ryan Kelly out there um dirting traffic which there was no police presence there and and that's fine that was one time only but my concern is that if people come to your events and they say oh I'm not going to go down there because I'll probably get stuck down there I'm just going to park here on Maple Street how are we going to Poli that how are we going to Poli people parking on Orchard Street in front of Helen's house um or my road down my street which doesn't allow for two cars to even stay in one place you know H it has to be constantly moving and it is a private road how are we going to stop people just parking there and is somebody going to tellw them um what what are we going to do about people that just decide to park their car there and walk over to your facility uh we we've when I was talking to Patty she said that she thought the approach that they used on Scotland Road and road for the for the sunflower event had been extremely successful so she had proposed that if we do an event they would put up temporary no parking signs along Orchard Street and if you guys are willing on your private road on Maple so that no parking occurs off the property and should people violate it you know it will the police will deal with that so it'll be I don't know if they'll tow or ticket or how they would propose to handle it I can't speak for fatty and the the police but we uh as I said underestimated the events uh appeal and intend to have a police detail and communication with the police for any future events okay thank you the next hand is Zach um Yan Hello Zack please state your name and address for the recordan 17 Austin lean I had written the um email earlier I was curious if that image could actually get brought up uh Kristen is that possible yes I'll I'll work on it while you're looking at that I guess the um the other question that I have um if we are looking at parking where there could be uh parked cars on both sides of the street there aren't any curbs or sidewalks and there's going to be pedestrians kind of forced into the street walking to the events there's going to be equestrian activities so uh I think that needs to get addressed as well especially if people are walking up and down the road um I've seen horses people walking um so if if we are looking at just people walking up and down the street I think there just needs to be some type of uh safety addressed there if cars are now driving where people are walking um and then this is the image I wanted to just uh put on in on the record and be shared this is from my house looking at the property I know that we're talking about daytime only but should it Advance into any type of evening activities this is only one car headlight um so what we're looking at here I think uh whenever we're looking at the car the uh the cars even at dusk there is impact into the homes um where there's clear view of the abuts the properties especially when the leaves start to drop this is current um and so it definitely does have an impact when we're we're talking about longterm here uh especially if there's uh uh looking at more expansion so this is just needs to get put out there for consideration what we're looking at here um granted we're not talking about nighttime we're talking about daytime but wanted to put this and share this image out there for what it looks like for an a butter and that's everything thank you okay thank you um go ahead d uh I don't know if everyone realizes but even stride Farms is is part of my family operation and so we will communicate about events and would not have a lot of horse activities and a whifflet tree event at the same time um I also Zach had showed me that picture and I think it's actually coming from the our tenants who run even stri farm at The Farmhouse not the driveway from the way it looks up on the bigger screen so you know there's I understand the concern around lights and things like that um but it's also part of the natural use of the property and the house that's right there you know if you have neighbors whose driveway when they pull in faces your house you get lights and as I said you know sometimes I have to go to The Barn at night if I drove down there right now because I needed to get garlic you would see the lights that's I think the the nature of being neighbors okay thank you David um Kristen next next raiseed hand please um Jack Ry Vicki okay Jack please state your name and address for the reckon uh Jack Ricki 37 Lin Road good evening everybody um I I understand the the right to education and the Dober Amendment D Us in here but I'd like to I'll go right back to what the for what the prior uh person just brought up um and what Larry brought up earlier is there there's process still that has to be honored the land was part of a special permit carved up by your family Dam it's part of an open space residential development as part of that open space residential development when you sign that application there was a box checked on that I bring this to the planning board's attention because I think they need to review it and that box said there wouldn't be public use in the property and as a result of that check box I think seven to nine waivers were were granted to the family not the least of which was no curving no sidewalks and to go back to an earlier commentator no storm water management studies had to be done again because what the citizens were told and what the planning board was told was there wasn't going to beig Big public impact there that it was a private Lane going to be used for farming purposes only clearly that flies this new Pursuit granted it's by right it flies in the face of the Spirit of the open space residential development but I think it also kicks into a re-review of what was formally approved by the planning board under the offices of the osrd that if he continues this Pursuit that curbing sidewalk the storm water management and the rest of the programming that would normally be done under the osrd permitting process should be now enforced with this Pursuit ahead of any granting of in whatsoever that we're discussing here my second Point bringing up channings uh the the historical commission um what he read says Landscaping including Stones can't be touched and Damon said already he's moved landscaping and stones that was just tonight I'm just repeating what was said so I think we got to disconnect there and if there if it needs to be properly looked at that again I I appeal to the planning board lastly I bring up to everyone uh the idea that that Damon or the Whipple tree would have to come before the select board for multiple special permits for say a band uh party or whatnot I submit to you that Damon could say that that's part of the educational Pursuit that it's a recital in fact and that he doesn't need a special permit to do it because it falls under the aaces of Education and I think that should be very concerning for everybody in that neighborhood because once again without policing it ahead as dam has already promised us he's asking for the moon because he doesn't want to lose anything when in fact he's in a residential agriculturally zoned area putting it under the Dober Amendment using the do amendment to push an educational Pursuit that seems to be nothing more than um room rentals for people that want to have various educational Pursuits and not specific Pursuits like the Dober Amendment does but that's a discussion for another day those are the three points I'd like the planning board to address and to Damon to address thank you very much thank you Jack U Damon would you like to say anything or should we move on to the next well first off the application that Jack is referring to is the open space permit which allowed us to subdivide the property for the house that I built and my brother's subsequent house the box that was checked and was debated at length is Public Access we did not allow free and open public access to the property because of the Horse farm and the planning board decided that that was acceptable at that time it is not to say that we cannot have the public here we do on a regular basis we did not give open public access because we AB but Martin Burns and people hunting deer and people riding horses are two things we decided we should not encourage in the same location so the public access was something that we chose to limit as a family and the planning board approved at that time the stones which I removed were placed after the renovation of the wooden Barn they were excess they were not part of the landscaping and they were not possibly they should not have been put there uh as part of that renovation process but they are not protected under the rules from that time I do not believe and if they have to be put back I'll put them back thank you damid um let's see who who do we have next on the list for participants no please whaty whaty please I I'm asking for the planning board's opinion of whether or not we need to return to the osrd for what Damon just said the planning board gave him those waivers because he just told you that you Pro that he promised you there would not be multiple public use in the development now he's tell you there's going to be multiple public use in the development not what the law is about I'm not I have the floor EXC I have the floor excuse me I'm asking the Woody it's the osrd the carve the land you can return to the application you can look at it but you can clearly see what was given as waivers that are now impacting what's going to take place parking incl cluding he has 46 parking places on a 22t wide road with two-way traffic that adds up to me to be more than 22 feet worth of car on the road let alone no pedestrian or horses on the road which is what it was allegedly told us it was going to be exclusively again I believe it opens up the door to re visiting the osrd that you granted because he would be in technical violation of what he said wasn't going to happen by right or not and I'm asking Larry you're a lawyer I'm asking Kristen and I'm asking everybody who signed that document the osrd I know you didn't Kristen back then but I'm asking you all that it needs to be taken under advisement before we go forward I believe it's a legitimate concern and it's a safety concern and it absolutely falls under the preview of level two site review and everything we're discussing his right to hold an educational facility there or not it is the public use that we're talking about and it's that's exactly why we need to revisit the open space residential development process and okays that we gave him back then thank you and I'm asking for your opinion and so you know now because that's what the public hearing is about thank you well we'll take take a comment and question and consideration unless Larry has something to say on it I I have nothing it's my understanding that both Town Council The Building Commissioner weighed in on this and that uh the osrd decision does not impact his right to go forward on this next person on the list please um let's see Alissa R unless I um is your I know you spoke earlier is your hand up again or did I forget to lower your hand um Lissa rice I think um I think she spoke earlier so maybe that's it looks like it I think that's all the raised hands Wy looks like Woody's Frozen oh I can't even see him yeah he might have a connection issue I think we just lost Woody let's give him a minute to log back on so um while we're seeing if he can get back on I did want to mention I just communicated with the second agenda item on our um on our agenda tonight which was a presentation about um some Transportation work that the town's engaged in with mayor M valy Planning Commission but um I underestimated uh the time timing I apologize to everyone and we'll we'll um postpone that discussion for another meeting which is fine um I I will love to have Elizabeth back um but she couldn't stay on the meeting this late so just wanted to share with everyone thanks Kristen thanks chrisen was wondering about that I don't know let me try a call what just see Kristen do we have to um we have to take a vote or something now not a vote but we have to decide on something in advance of uh pulling the plug on this discussion oh well let's wait for Woody before we before we do anything I'm sorry Larry I didn't hear what you just said I I think we should wait for Woody given that we're in an open oh no of course no of course I was just wondering procedurally yeah I wouldn't I wouldn't leave Woody in the dust no we can't do that he said he's trying to get on back in but his his connection is um tricky I know I've had trouble too oh huh e he's just saying he's sorry everyone he's getting like a a weird Zoom message that says it's preparing the meeting um so I'm just suggesting he make sure he log all the way out I don't want to do anything with hosting the meeting and lose lose people no we can't take any any further information or evidence uh until Woody is back on because then what's probably happening to Woody is that it's preparing the recording because he was if he started the recording it's probably preparing the recording and that's why he's getting that message sorry just work you may have to wait a little bit for that to finish hello I'm sorry about that I'm back I had to use another device um what have I what did I miss I'm sorry nothing nothing okay we we just put everything on hold pending getting you back on yeah I don't it kicked me out of the meeting and I'm not sure why but now I'm on another device so as I was saying when I Disappeared um should we would is there any interest for members of the board to go on a s sidewalk here to we schedule a s sidewalk yeah I I think uh I think we ought to do two things Woody I think we should review refer this to our uh peer review engineer to take a look at and that might inform us on any I don't think that there are any drainage issues or storm water management issues but I'm not an engineer and that might better inform us and have him take a look at it and yes I I think a site walk would be appropriate and you you're saying have Joe look at it Joe select yeah I think so and I I agree with you too um so hearing that every I can't see everyone so if anyone else when would you be available for a s sidewalk when should we when would be a good time for that is that something we want to set now or do we want to um figure out this the end of this week and set a date when everyone's available Kristen do you have any thoughts on that um it's really up to the board if there's any um you know it's just relevant when it is related to when you continue the public hearing so the next um plan board meeting is October 2nd and then the one after that is October 16th so you know if people are around and think we can find a time for the site visit before October 2nd um then you could continue the public hearing till then or if I don't know what everybody's schedule is so you could look at the second meeting in October if needed okay um October 2nd would that give Joe enough time to review this um You probably get that into Joe this week right Pro site plan review on Joe on peer review on Joe spot yeah that's a good point um I that might be a little tight he's got a lot of projects that he's working on these days so um I'm not sure if he'd be able to get us a response back by then okay um as far as the S sidewalks concerned when is every everyone available would uh is is there a day this week that people go for a sidewalk say uh Thursday I can't do I can't do tomorrow I can't do that um what Let Me Maybe I suggest um maybe I'll suggest if um Kristen could uh um maybe over the next day or two um just work the group and determine you know what day is best for potentially next week that might be um that might be best okay I'm happy to do that yeah so we'll be awaiting an email from Kristen to we'll please respond so that we can figure out a date to have a Salk um all right that being said um Al see apple if oh Woody a quick question actually uh to pose to Damon D my schedule's my schedule's a little bit odd so would you mind if I ended up just taking a drive down to see the property which I haven't done probably stay in the car but otherwise just drive down to a road that is undiscovered to my mind uh you you are welcome to drive on the road uh Drive the driveway around the barn by all means thank you the welome I'll try and work with the planning board as well but I may uh show up in the afternoon sometime uh should I send you an email or you just trust me to drive around um I trust you to drive around if you're gonna get out and walk around please let me know so I can let the other residents know that you're on the property so they don't get concerned about a strange man walking around certainly thank you right thank you um so we'll site walk to be determined um we'll get the information to Joe for for review um Kristen you felt that it we didn't have uh time to uh in the next two weeks for a response from Joe so um we could reschedule this public hearing for two meetings from now what would the date be on that yeah I just I just can't speak for Joe either way i' like to think he could but um maybe to be safe the second meeting in October is the 16th and um I guess specifically what is Joe um reviewing is he looking at the um proposed parking determining whether not we need um you know any um you know drainage or sailing or you know whatever um might be U um you know necessary just trying to um yes just get arms around the scope of of Joe's um review yeah he'd be he'd be looking at the pocket plan that Damon presented and there was an additional uh gravel that stretch on that road so a review from Joe and he get he do a peer review and get back to it those are what you said are the things he does peer review for on behalf of the projects yes drainage um and any other storm water impact okay I'd entertain a motion to uh continue this public hearing to October 16th so move it's 7:15 via Zoom via Zoom yes do I have a second I'll second it okay uh roll call vote Larry yes um Mary yes um Scott yes and Steve how do you feel I'm all in thank you chess says yes as well so we'll see you all thank you Damon we'll see you all on the 16th October thank you have a good night yep have a good night Damon thanks guys all right uh back to the agenda the next thing on the agenda was um a a presentation from um MV Vision zero and it was Elizabeth and Elizabeth is not going to be available see it's almost 9 o' evening she's not available for her presentation so that being said we'll reschedule that for the future um the only other thing on the agenda was uh PL report we got through most of it I think Kristen do you have anything else on your plan's report do we lose CH yeah sorry um I no I don't okay great I'll follow up um by email about scheduling the site visit and also rescheduling Elizabeth and let the board know thanks okay thank you Kristen sounds great yeah um I entertain any other motions at this time move to ajour do I have a second second okay roll call vote Larry yes Mary yes thanks guys yep Scott yes and Steve how do you feel you okay I welcome the adjournment okay and I say yes as well everyone have a good night thank you for good night thanks