##VIDEO ID:amLPEJ0Eocc## so call the meeting to order today's um the preliminary matter this is Woody night chair of the newb planning board um today is October 16 2024 um let me confirm that all members of in persons anticipated on the agenda are present and can hear me um planning board members when I call your name please respond the affirmative Pete Picos yes um Mary Stone yes hi Mary Scott kinter I don't see Scott but he may be joining us soon and then uh Steve maner associate member yes hi Steve Town staff when I call your name please respond in the affirmative uh Kristen grubs playing director yes all anticipated speakers present us on the agenda please respond in the affirmative uh Damon jerson from Whiffle tree works here Damon uh TJ Melvin from Melvin uh for millennium engineering here hi DJ all right good evening this is October 16 2024 open meeting of the Newbery planning board is being conducted remotely consistent with chapter two of the act of 2023 oh I forgot to mention um Larry Murphy won't be with us tonight um he'll be he he will use the uh Mullen rule to watch a video and we'll participate in the next meeting sorry about that um let's start over again so October 16 2024 open meeting of the newb planning board is being conducted remotely consistent with the chapter two of the acts of 2023 to extends the governance March 12 2020 order suspending certain provisions of the open meeting law until March 31st 2023 for this meeting the new planning board is convening by vid by video conference via Zoom as posted on the planning boards agenda which can be found on the town's website which identifies how the public may join you may join by going to http semicolon zoom. us and entering meeting ID number 832 7141 3056 with passcode 10879 or by calling 1 92925 6099 us and entering the meeting ID number and passcode woulded please note that this meeting is being recorded the attendees are participating by video and or telephone conference the meeting is also being broadcast live through local access uh cable channel 9 the new channel on zoom in at wwtn scv.org and the recording will be available on the newb access YouTube channel uh meeting business 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 minutes as chair I'll introduce each speaker on the agenda after speakers conclude their remarks I'll will go down the list the board the list of board members inviting each by name to provide any comment questions or motions for all attendees except for board members staff please remember to mute your computer or your phone when you are not speaking there will be an opportunity for public comment and questions during the public hearing after board members have spoken I will afford the public an opportunity to comment and or ask questions I will seek questions and comments through the zoom raised hand function video conference participants to raise your hand hover over the bottom of Zoom window below the photo gallery and click on the hand that appears please ensure that your name is fully and correctly displayed on the participant list you may rename yourself by using the mo function next to your name telephone participants to your hand in a zoom meeting hit star n on your telephone keypad I will then allow questions and comments from members of the public who have raised their hands in the order in which they are listened which is determined by the order in which people click on the raise hand function each participant will be called on to provide his or her name and address and then ask a question or make comment I 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 rais hand call and again a the participant applicant representative and opportunity to speak should there be a physical electronic submittal of questions or or concerns that they will be noted for the record and again 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 that be done and said um first item on our agenda this evening is uh liaison reports the first liaison report is zba that is Larry he's not in attendance um the next uh zba meetings on 1117 so we will um hear a report from Larry then um conservation miss that would be me conservation met last night um they it was a three-hour meeting almost 3 hours a lot on the agenda uh the only things that pertained to us were 68 Green Street um they uh had a sidewalk on 68 Green Street uh a couple Saturdays ago um they had a concern on lot one with the grading um some rip wrap on a Spillway there so that needs to be addressed and on lot two um it was an unvegetated area in the backyard in remnants of a Farm Road that can be cleaned up in a suggestions were made to clean that up with uh something other than heavy equipment and um they'd like the Conservation Commission would like the erosion control removed um they gave a partial um they gave a a partial order uh compliance on lot two and lot one they need to resolve that issue with the retention fund the spillway coming on the retention um another thing on the agenda uh Sunset Club they um basically they dropped the um order to suspension to work and um there's some discussion on the R Trailer being on blocks um the a few other things on the plan and they um are basically in the near future anticipating an no and there was one other thing that pertained us oh three new report turnpike they um allowed they've reviewed and allowed the modifications made to the plant and they are drafting a new decision for them and they voted to allow um the modifications in the conservation commission's as so those are the only three things I can recall that ptain to us in the conservation last night um mvpc did someone say something I said thanks Woody oh okay yep no problem Mary um Kristen the next thing on liazon and me reports is uh mvpc um yeah we have not met since the last planning board meeting um the mvpc planners meeting is a week from tomorrow okay great we'll get a report on that on our next meeting um next thing on the agenda meeting news um I I hope everybody's uh received the I hope everybody's received the U meeting minutes for September 18th 20124 has everyone on the board had a chance to review the meeting minutes for September 18th yes okay um does anyone have any edits or modifications to the minutes hearing none I'd entertain a motion to uh accept the approve the meeting minutes for September 18 2024 I'll make a motion Woody hi Scott thanks for joining yep motion do I have a second second second okay um all those in favor roll call vote um Pete yes Scott I Mary yes and I I uh will say yes as well okay the next set of minutes we have those was distributed to the board uh were for October 2nd 20124 has everybody had a chance to review those take that as a yes um are there any edits or modifications to those minutes hearing none I entertain a motion to uh accept the meeting minutes for October second 2024 I moveed to minutes okay great second I have a second second thank you Pete um roll call vote Pete yes Scott yes Mary yes and I forgot Steve in the last minute Steve how do you feel no problem and I say yes as well so oops all right I had a glitch here I'm back uh sorry about that I hopefully that doesn't happen again um all right so now that we're done with meeting minutes we'll go to the next thing on the agender what time is it it's 7:14 so we get another minute here and we can get into our first public hearing um public hearing tonight is uh a continu of the September 18th 2024 meeting public hearing for Whiffle tree work level two site plan review for nonprofit educational organization use of the bond at one Marsh Meadow in Byfield um as a background for the planning board's public hearing tonight the Building Commissioner has reviewed the information from the applicant applicant is operating a nonprofit educational Enterprise which is a use Allowed by right C to Mass General law 40a Section 3 site plan review is the required method of review the board will be using the town's bylaw chapter 97 article 9 special regulations to guide this review process the purpose of the regulation is to protect the health safety convenience and general welfare of the public by providing a 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 commun Community character um so the board went on a site visit here at uh the bond on the property on Friday uh September 27th 2024 um so that being said um hi Damon um do you have any uh new information that You' like to share with the board excuse me Woody yes I will be recusing myself from this discussion as I am a direct B okay thank you Pete um I believe there are some things that have been submitted to the town and I had uh done if I may i' I've done a little reflecting and I'd like to read some of my thoughts and Reflections go right ahead uh okay in reflecting on some of the comments from the first public hearing I've given a lot of thought to the concerns raised I realized that some of the reactions may come from genuine worry and I want to acknowledge that change can feel unsettling especially when it impacts the spaces we call home while some of the comments initially surprised me I'm committed to having conversations with anyone or any group who has concerns since my conversation with Zach I haven't received further Outreach but I remain open to speaking with anyone who would like to share their thoughts I understand when it comes to Neighborhood projects like this concerns about safety particularly around children are completely valid however I believe it is important to look at the specific risks within a reasonable context for example the concern of a child abduction during a public event on our property is when I take seriously but when we look at the situation and actual risk it is minimal our events will be held in broad daylight and the idea of someone crossing a large open field unnoticed to abduct a child seems highly unlikely especially compared comped to the regular deliveries from UPS Amazon and FedEx that already bring strangers to our front doors this doesn't minimize the fear but I think it is worth considering how we can balance these feelings with realistic understandings of risk similarly concerns about headlights are understandable but I believe this is an issue we can mitigate with only a small number of cars parking behind the barn during events and and the events being held during daylight this disrupt uption from headlights would be minimal and occasional if it remains a concern we can explore the idea of planting screening trees or installing lights to reduce the contrast and minimize any impact the goal of our plan has always been to create as little disruption as possible while still allowing the barn to serve both private and public needs as for noise I've heard concerns about potential disturbances but I believe we can all agree that some level of noise is part of living in a community many homes near Austin Lane already hear noise from the nearby hunting reservation and shooting ranges and yet we all coexist while a few events at the barn might create Some Noise it is unlikely to be more disruptive than the neighborhood's neighbor's backyard party or the marching band at the high school additionally given the distance between the home and the barn sound will dissipate significantly before it reaches a neighbor's property it is important to remember that being part of a community means sharing in both the Quiet Moments and the Lively ones lastly I'd like to emphasize the positive impacts projects like this can have on our community I've seen firsthand how towns without central Gathering spaces can struggle to provide meaningful activity for residents especially for the Youth in one Community I witnessed how the lack of spaces for engagement LED some young people down a very destructive path by creating places where people of all ages can gather find purpose and connect we strengthen our community Newbury doesn't have a community center in spaces like the bfield Art Center theater in the open the Town's new basket po courts offer essential places for people to come together in today's digital world having physical spaces where we can interact face to face is invaluable I believe this project has the potential to benefit everyone and I'm hopeful that we can continue this dialogue with openness and understanding thank you yes thank you Damon all right um Kristen um do we have any departmental departmental uh reviews at this time anything from Joe or other otherwise um so I I checked in with the police and fire um Department directors um and they have not had additional followup so their comment letters are still posted on the website for consideration um I also circled back with um the health director and building inspector um who confirmed that the proposed uses um are sufficient to the property there's no um regulatory requirements for additional utilities um such as permanent bathrooms um for the kinds of use that are being proposed that would be different if there were if it was like an eight hour day camp or a restaurant with food there there are differences that would trigger different regulations but the proposal that we have before us um does not have any additional um requirements from Board of Health or building a code enforcement um and then one other well two updates um I connected with the um uh JM forcer who um provides administrative support with the historical commission just to ask that if they had additional comments related to the building restriction on the property that they wanted to share with the planning board just I'd be happy to pass those along um I don't have any additional comments from them um and then finally as requested by the board at the last meeting um the site plans were transmitted uh to the town's peer review engineer who routinely works on behalf of the planning board to review um drainage grading um any engineering impacts um so uh those comments um the site plans and a engineering letter from Hayes engineering were um transmitted to Joe Saka and he provided comments back um to the board um which can be discussed by the planning board or if there's any followup questions um we can we can talk about that a little that's it okay thank you Kristen um Scott Mary oh Steve um I don't believe I'm missing anyone do you have any questions for Damon I don't okay I don't I don't have any questions Woody okay and uh Steve any questions you're muted Steve muted Steve M did how about that am I back on yes you are thank you sorry for the U mixup um I did read the comments that we received from the public and were posted on the town website and it seemed to me that there is indeed a lot of public support being expressed for the project but when I looked at the uh some of the local comments I was noting again the the concerns of uh the nearra butters about light factors and perhaps sound effects um as well as an acknowledgement of the positive impact that the project could bring but I thought that some of the uh concerns were expressly thinking about larger events particularly if they began to be U done at night and I was wondering if Damon has any comments about uh plans as submitted on your proposal that would allow for events that could be both larger than an art workshop and could be at night as well what your thinking is on that thank you I'm currently not thinking of any activities that we would either carry on at night or uh be larger you know as I have said multiple times I'm not going to promise nothing like that will ever happen but if we were to [Music] do a sort of a one-off evening event we would have to uh provide lighting and safe parking and things like that as you I don't know if you went down Marsh Meadow Lane all the way but there is no Street lighting because it's not a public street so there would be considerable work that needs to be done to provide for that sort of activity and it's not where our interest is right now thank you thank you Damon thank you Steve um Kristen do we have uh have there been any um public comments submitted in writing yes um quite a few and I've been um really making an effort to get those posted as soon as possible I just want to thank everyone who's written in um I have identified the address and the date the comment was received and I know um there was some concern expressed about comments that were not from Newberry residents so I just want to say I did identify that um so I know um during previous projects like this that have uh garnered public report uh public comment there's just been a reading through of the names and comments um and then asking if there any additional you know if any of the authors of the comments are are present would like to add to the comment that's certainly welcome um so Woody I with that be helpful to just kind of read through them for the record yes please read them into the record if you would Kristen all right um so since the last meeting there these were the comments um Gallagher uh 59 high road on October 2nd prisilla my apologies if that's not stated quite accurately um that's an aspray resident uh comment received October 8th um Ryan Kelly comment received um a resident of 24 School Street comment received October 8th um snow public comment from a newburry port resident received October 10th barrier public comment um EX a New Hampshire resident October 9th D Martino public comment from a Newbery resident at one Sandy way on October 9th gagan public comment nine plumber slain Newberry resident October 10th um Bud Kelly public comment 24 School Street October 11th Ericson public comment 48 Northern Boulevard um he submitted two comments one on October 11th and another today on the 16th Brown public comment uh barington New Hampshire resident Stillman public comment a Hershey Pennsylvania resident I think maybe a former Newberry resident I don't remember um blind public comment 17 Church Street Newberry resident October 14th Harrison public comment Newport res October 15th Collins pelet comment 15 Austin Lane October 15th rice public comment seven are Austin Lane October 15th um Harrison um Alexa Harrison different Harrison um Newbury port resident public comment on the 15th Danner public comment Newberry resident 163 Elm Street October 16th bman public comment a Lexington resident October 16th uh Sant public comment 170 Elm Street resident October 16th and Harrison public comment newb par resident on October 16th there if if anything came in in the last couple hours I do not have them posted yet but I will post any that come in okay I'll ask the board um you've all had the opportunity to read these public comments Scott Mary yes yeah Steve y yes okay thank you Steve okay that being said um are there any members of the public that wish a comment at this time please raise your hand and we'll take the public comment as they're listed and I just want to say U please limit comments to topics that have not already been addressed we have any raised hands Kristen do you see any raised hands you do not yet okay oh oh yes I do all right um Helen Mario first one on the list hi Helen okay I think you're still muted yep Helen could you please state your name and address for the record and you were muted at this moment so if you want to unmute yourself my name is Helen Mario 24 Orchard Street in bfield um I I'm just um I wanted to say that I had attended this um the site visit and I mean I just had some general questions I'm obviously not um a late person I don't necessarily understand um what's involved in some of the decisions but you know some of the things that I remember um from that day is um the parking located behind the barn and and then also um that there was going to be a wall that need to be moved or the stone structure need to be moved to be able to accommodate make more room for parking or just so in case of snow and this you had um snow that need to be pushed against that that um that that would be adjusted I just didn't know if that was there's any feedback on that um so that was um and then also I don't remember if it was mentioned that day the size of vehicle suited for parking in in that particular location behind the barn since it is kind of tight and there were I forget like maybe 10 spots that been allocated I don't remember the exact number so also additional parking it been it been identified that there would be parallel parking along Marsh Meadow if there was overflow from the um the spaces already um identified and then I wasn't sure from looking at the the plant that were if they were marked or not but it also was it assumed that would just be parallel parking or would there also be um diagonal nose in parking um on that on that bank of land um there and then just in terms of if you do have additional parking along Marsh medow I mean how does that affect pedestrians maneuvering the road and other inbound outbound traffic it seemed like um it just gets it seems a little tight there to keep going there a lot of observations there's a couple more observations the other was um location you know again um I asked about you know the or I didn't ask I was as I was told I couldn't ask any questions that day um so anyway because I was not on the board I'm just in a butter that was attending but like for instance you have an event that requires um the portable bathrooms and sanitation stations so that you know Lisa was said that day that it would be you know walking out from the barn it would be on the right hand side in the corner so and that would you know be accommodated of the ramp so anyone um with with physical challenges with have access to it but also wondered where that's not on the plan how is that identified and was that taken into consideration with um emergency vehicles or just need to you know go around the the building um and then um and then also the other question is I know we're saying that they you're not necessarily thinking of large scale events at this point but because you're not taking anything off the table you have to ask the question so if you have a larger event and you require to create have more sanitation stations for a number of people then where are they going then allowed person capacity um it said that the barn the capacity is 99 people well what is the criteria for that is that when there's nothing in the barn or is a 99 people when you have the different stalls that are populated with you know with the artists they product Etc um so that was just in you know how is that being how would that be managed and monitored well calculated and monitored so that's I mean those are the questions I had from that day um I can let you answer you know I can let you respond to that I mean I can continue on but I'll you know I settle you know was I had a few questions in there to make their answers to uh you'd like me to go oh sorry buy no that's okay thank you Helen uh Damon if you'd like to go through I saw you taking notes like to go through and if you miss anything I'll give Helen a chance to remind you of some of the things she said yes so uh the first thing I believe you asked about was snow removal and the ston wall behind the barn uh because we have no heat in the structure right now we're not planning to do any events while it is cold so again this would be yeah Stonewall would have to move if we are doing events or activities during the winter since we have no heat we're not planning to do any events currently during the winter so that change would be contingent upon uh some very considerable changes in the future insul Heating and as you no doubt saw it's a very large open space it would be a considerable investment to make those sorts of changes so it is not in the immediate plans or future there are six spots behind the uh Barn for parking it is nose in parking and or I guess you could back in either way but we had the uh police SUV park there and then drove around the building to ensure that you could park a large vehicle there and still maintain the access completely around the building without any uh issues as far as parking along marshmallow Lane which is a fee interest of the jerson we own both sides of that property it is entirely a private road um the plan shows parallel parking uh it may be easier and simpler to do nose in parking um but we wouldn't as we have demonstrated it in the past um during hor shows and other events parking along the road has not inhibited our ability to get both safety vehicles in and out as well as trailers trucks and the like um where bathrooms would go if we do end up doing a large event uh that requires more than a single stall occupancy bathroom uh we have had the portable trailer bathrooms on the property in the past um and we've put them essentially across from the opening which would be to the southeast of the ramp basically directly across from where the proposed handicap parking would go and the number of people who are allowed in the building was set by the building inspector uh that is the occupancy and the I don't know if you were concerned about the structural Integrity of the building and that's why you were asking but know the question really had to do with you know you have a um capacity limit a safety limit for the building and so in the event that depending on the type of activity that you have going on in the barn is 99 a real when when is 99 not a real number so is when does that have to be adjusted Down based on the use of the space within the within the the barn so for instance if you have all the Stalls occupied you have you know you have a fair and you have artists in those stalls and they have their work there for people to view and purchase or you know just or view whatever the case is you still have room for 90 is that still 99 people that you can still have come into you know is because Into The Barn at that point because you've taken up the floor space with with product um it is that's a question that I would have to ask the building inspector but my understanding is that if it's a non-permanent change it doesn't change the occupancy we you know if it's too crowded to go in uh then then people just simply couldn't go in but we when we held the craft fair in the past we just CED people going in and out and managed the flow that way I mean again it was an observation because like to me um you know the space expands contracts and and the thing is is that I do think when you have objects occupying floor space that that takes away number of people allowed in the structure I me I'm not saying it can't be controlled but it was just a general question because 99 people is that like when the Barn's empty that's then that's not you know I mean it's not realistic for I I understand what you're asking and I I would to check with the building inspector we would never want to try and stuff people into the building because that's not good if for the building is not good for the people it's not good for the artists so but I don't know if there are rules around that I I can't speak to that I'm sorry that's okay I mean just in terms of looking around so that was those are my comments from my visit there thank you um I guess I would like to say since I still have the four since no one's muted me yet um I you know I I have to say I support the Arts I mean I know I mean I know that you're taking a lot of these comments as NE as being negative and being um but I just feel as though it's necessary to ask because once um you know everything's approved I mean it's I'm not really sure what the process is to be able to have provide any feedback for activities that are there um I know that you know comments have been made about you know noise well I think that that's you know it's a fair comment from um AB Butters I mean because I mean I know you had there was one event that was on site it was in the evening it doesn't matter if it's evening or day my my my house shouldn't shake from The Sound of Music I live far enough away from you that that's pretty damn loud if my house is vibrating so that's so I think that no matter whether no one you have that type of event again I I enjoy music whether I would have enjoyed that music in the barn doesn't matter it's just more I don't have to feel it in my home and it's the same as other um Butters had commented and that also too is kind of true that I mean it's I noticed I did read a lot of the comments from um the neighbors and I would have to you know agree it's somewhat in feeling is in genuine and not taking neighbors seriously in terms of like some of the comments online is just that you know concern about you know you know child safety well you know that parent that's that's their feeling that's their reality it's May you know it's it's so you have to mean take that seriously so you just have to you know just be um understanding of that and I don't know that you know and there's a lot of comments about you know people in in some of the letters that people um and who are supporting the project is that what people are afraid of change I'm not sure that that's really uh the issue it's more so I mean even for me I just want to know the change is managed and maybe you know I maybe because of part of what I do for work I think there's a lot of unanswered questions in terms of The Proposal there's a lot I think it's a it's a wide swath in terms of like what you have that you're interested in doing and it's hard for me like again to Fathom you know how you know how are you how are any stipulations or rules being set if it's so open and I mean I I mean for instance you know if I if I work on a project where I'm where I work where I'm employed I can't get I can't get by doing it that way so that's why for me you know I ask all those questions because I could never I could never get something approved with not having more details and more specifics for projects that's all anyway thank you that's that's my I had to say okay thank you Helen and thank you for your comments and questions and uh Damon if you don't have any other replies I'll move on to the next raised hand okay I saw you not had yes so next raised hand that I see is Marshall Marshall would you like to state your name and address for the record and your questions and comments can proceed you're muted at this moment Marshall a common problem so on Marshall just jerson I'm at 169 Elm Street um very familiar with the property because I was the one who initiated the building of the barn um at the beest of the town to uh preserve a a historic building um so we're we're trying to do some good and responsible things in this space uh I do know that that people had uh talked about some of the things that that could come about um we have been sensitive to those things and the fact that we are pretty far from everyone um with a noise issue and I I understand that Helen's house was shaking with noise that's a it's a pretty big noise I don't know when that happened but uh we did do some sound measurements as to if it was really loud in the barn how would it be uh 50 60 yards away um and it was not significantly over the background sounds that that exist there all the time we did run some data by that but but to be sure we are sensitive to that as well and and so uh we're certainly not aiming to U be a nuisance for the neighbors or or anyone but I think we have a h a reasonable plan that would be reasonably counted out um and when we did look at the barn and had 99 people as the occupancy uh limit and when we had the art show we kept it at 99 or fewer people in the barn but that gives every person uh 20 square fet that's a 4ot by 5 foot patch it's a pretty big space so um while we had 99 people in there at any time it really wasn't very crowded and so it was uh it was quite comfortable so I just wanted to make those couple of observations and uh I'll turn it back to you Woody okay thank you for your comments Marshall do we um have any other raised hands that you can see Kristen from the public no I I'm not seeing me okay um go back to the members real quick does anyone else uh Scott Mary no Steve does have any questions no no really I don't okay thank you thank you Scott and Steve stepped out but he spoke earlier hopefully he doesn't have anything else um okay would the uh would the board like to go through the site plan review criteria would you like to start that process Mary Scott no it's a good idea okay yes can can you put that up on the screen do you have that to put up on the screen so everyone can follow along Kristen yep I can grab it I think you see that yep yes okay um so the first just this is part of the zoning bylaw um section nine um and the first part just pertains to what the triggers are for this process um um which as you all remember the more than six construction expansion or alteration of a parking area resulting in six or more new spaces was the trigger um we're in the middle of the process and this is you can see the section six this decision criteria yep so I guess I'll ask the board members um on CR on on six the criteria decision criteria um number one the volume of cut and fill does I'll just read the whole thing here the playing board shall approve an application for site plan review if it finds that the applicant has submitted sufficient information from which it can determine that the pro the proposed project will minimize the volume of cut and fill how does everyone feel on that does would it be in proposed parking spaces I would say the that's that's minimized um the number of removed trees 6in caliber or larger there's nothing proposed of that sort here um area of wetland vegetation displaced there that is not an issue with this Pro with this parking plan um soil erosion the peer reviews wait in and I don't think that's an issue with this here um the threat of air and water pollution I don't see a threat if anyone has sees one please speak up and number six traffic ingestion so with the traffic ingestion unless unless someone has a problem please speak up but um we've addressed that with the parking PL um Mary you agree so did you say something no I just um bled my throat oh okay yep all right so um now do we go on from there Kristen with the B C D yeah yeah I would just add about the traffic congestion I mean I think that you know that gets at the comments that um police have made the and their review and their C certainly um will be discussion of you know assuring that there is uh appropriate parking monitors and traffic monitors in the case of large events so there can be some condition that reflects the need to take the traffic issues seriously and assure that there will not be any um impact there will be no parking on Orchard Street um the parking will be as proposed in the site plan kisten uh this is Steve with a question when we talk about traffic congestion uh that there'll be close monitoring on Marsh Lane itself but I'm wondering whether the egress onto orid street is something that falls under the purview of the planning board and one should never ask a question unless one knows the answer but but I don't know the answer so I'm just putting it out there well I think that's why I mean why the board got review from police in order to assure that the you you know there's a stop sign there's a use that of that road access currently for the horse event so I do believe that's been reviewed um but happy to have a discussion if there are questions okay cool thank you Marshall do you have your hand raised or was that from previous um I had raised my hand because I just wanted to comment but I think Kristen had done a fine job they've been running horse show there for now over 40 years um and we've have of course with hor hor shows trucks and large trailers uh going in and out of there and it uh has has been successful has not been a significant problem in the past so I just wanted to reiterate but I think I think Kristen covered that very well and just a reminder that when that when the initial subdivision was approved and Marsh meow was you know permitted as part of the subdivision as a private road part of the subdivision that all that would have been reviewed at that point in time in terms of you know site distances on Orchard Street and that that kind of thing there are no changes to that yes okay thank you I'll continue on um avoid removal of existing stone walls or where removal is required minimize length of removal uh just like once again please speak up if you have something to say on any of these a uh B through M provide adequate storm water management and other utilities consistent with the requirements of newy storm water bylaw and the planning board subdivision rules and regulations maximize safety for p pedestrians and vehicles both on the site and entering onto and egressing from it we just address some of that um provide adequate access to each structure for fire and emergency service equipment review is wa in on that minimize obstruction of Scenic views from publicly accessible locations minimize visual intrusion by controlling the visibility of parking storage or other service areas viewed from public ways or premises residentially used or zoned minimiz intrusion of glare from headlights and sight Lighting on surrounding property minimize unreasonable departure from the character materials and scale of buildings in the vicinity as viewed from public ways and places prevent contamination of groundwater from any Source okay enhance the appearance of the properties of the property to the greatest degree possible by means of landscaping and other site amenities minimize uh L minimize impacts of the use of adjacent properties through regulation of hours of operation deliveries noise rubbish rubbish removal and on-site storage ensure compliance with the provisions of Newber Zone bylaw including parking and signs so that gets us there um and we go on to seven correct Kristen yeah I just um one comment that I haven't thought of before but um there as identified by this letter M there is a section of the bylaw that addresses signs so I don't know Damon I haven't heard you talk about any Whiffle tree Works signage but if you were to want to establish some kind of sign it would just need to be looked at to MB in compliance with this additional section of the byw just comment on that so would that be a special hearing or would that just be coming before the planning board with a proposed sign its location size and making sure was in compliance yeah I'm not actually um I'm not looking at the B right now so I don't want to misspeak I'm not sure who the permitting Authority is with that if it's just an approval through the building inspector or if the select cor might be involved I I think it might depend but I'm not familiar with that so I don't we can take a look at it yeah I'm looping back a little bit and I apologize for that but I stepped away at just the wrong time U when Marshall was talking about some of the studies he had done about uh sound which of course is one of the issues that Helen raised and I'm wondering whether you know there's a report or something to substantiate the findings should that become an issue for the abutters to try and get gain greater comfort with what the sound issues may be in the property and again if Marshall's left the uh scene or I apologize but maybe Damon knows something about that as well if there was a study done thank you okay than you so you're just asking Steve what study has been done or what we looked at or I'm I'm not entirely following your question sorry sure bit of both I believe Marshall talked about how some assessment was done of noise levels U measuring decb perhaps or something inside the barn or in the surrounding area and how far it would U transmit so I thought that perhaps there was a uh there out or something yep um thank you for the the question um and Steve what we did was take a noise Source in the barn and a measuring device and measured the sound level in the barn up to um just 100 DB which is really loud it's below painful but we didn't want to get up too painful and then we went out and measured uh ambient noise on a a day with a light Breeze no traffic uh not a lot of other noise and the ambient noise level uh background noise was about 50 DB um out at the border of the property uh in the barn it was 100 DB when we had no music in the barn just background noise in the barn it was 35 DB um then we went uh just outside of the barn with 100 DB inside we were at 10 MERS uh we were at 65 DB at 20 M 60 at 30 m 51 DB which was very close to the background uh of of that particular day and what that indicated was that the noise that you could hear and you could discern the noise you could hear what the noise was but it was no louder than any other thing that you would hear at the time whether it was rustling of the leaves or birds or anything else and so it was the same magnitude as the background noise even though ears are very sensitive and so you could hear things both in the background noise and from the barn but what we were concerned with was what was the the basically the energy level decb of that noise and when we got out to 30 m it was about the background noise with a large noise inside it's not an exhaustive study but it gave us an indication that um how fast the the uh the noise would drop off with distance from the barn now that was at 30 m and are AB Butters are uh except for the lafy house which is right next to the barn our Butters are all 100 meters or more away from the barn thank you thank you Marshall thank you Steve um Scott you have your hand raised would you like to ask a question or say something um yes Woody um and Marshall I appreciate um you know the um the effort um and certainly the sensitivity to the comments um you know on the on the noise I guess my question um with respect to the noise and the testing um did like who performed the testing was the testing performed by a licensed sound engineer um did you and your family perform the testing um you know was it testing that was again if it was by a licensed sound engineer it was certified and we'd have that um you know um you know you could put that in the record um again um if you could provide some color on that it'd be appreci I'd be happy to um thank you Scott and it it was testing that I did it was not a sound engineer because we were looking for the magnitude of the sound and how it how it uh dropped off and so it was a let's do a first look at what this might look like with very loud sounds in the barn and and how far we would go out uh were we to do something with uh a sound engine ER or an engineer U we could do those calculations they're they're pretty straightforward uh but because of the fact that Newber doesn't have a sound uh or noise standard it makes it kind of difficult so we I just went with the standard of what is the background noise what is the background sound level and where do we reach that sound level with a pretty loud noise in the barn could always do more could always put more sound in the barn and and do it at different levels but that was the measure that uh that I did scum and uh that was at Marshall that was at 100 DB in the barn and 100 DB is is pretty loud it's uh more than what osher wants for things like blowers and so forth without air protection so that's just a fact that I happen to know but 100 Deb is a pretty loud noise um all right if we don't have any other further questions or comments from board members or otherwise um I'll go on to number seven um conditions of approval a site plan approval may be subject to conditions modifications and restrictions as the planning board May deemed necessary in order to satisfy any of the decision criteria listed above any construction reconstruction altercation or addition shall be carried on only in Conformity with such conditions modifications or restrictions and in Conformity with the application and site plan B any order or of conditions from the Conservation Commission which imposes conditions inconsistent with site plan approval shall be required shall require a revision of the site plan a request for such revision must be submitted in writing to the planning board C for a construction project or a change in use that requires site plan review no building permit may be issued unless or and until the applicant has complied with the provisions relating to site plan review under this article and the conditions modifications and restrictions contained within the decision of the site plan review are referenced to and Incorporated in and made an Express condition of such building perit the planning board reserves the right for itself and its agents to can to enter the site at any time without notice for the duration of the site plan approval to determine compliance there within e site plan approval by the planning board shall not be constructed as approval from any other board official or Department F at the dis of the bill inspector with the concurrence of the planning board recording of the certification of the Town Clerk and the decision of site plan review at the registry of deeds may be included as an additional condition precedent to the issuance of any building permit all right and then uh we do eight nine correct Kristen um laps site plan approval for project shall elapse after two years from the date of issuance unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion except for good cause this two-year period shall not include time required to persuade or await determination of an appeal filed pursuant General law C 488 and 177 appeals to to permit gring Authority slight plan approval May for good cause in the sole opinion of the planning board be extended in writing by the board upon written request of the applicant and then n finally oh finally nine uh modifications to approve side plans a request to modific two request a modification to an approved site plan an applicant shall submit to the planning board a written description of the proposed modifications modified site plans will in in in most inst instances be subject to the same submitt review and hearing procedures as was the original filing in the case in the case of a level two approved site plan if the board determines that a particular modification is not significant and is consistent with the previously approved site plan the board May deem an additional public hearing unnecessary okay just I just a comment is that much of this language or generally with a site plan review that the board is um considering there's actual Construction going on so just like that lapse language refers to if the applicant does not proceed with a construction that they have proposed within a two-year period Then the approval pinaps um in this case there wouldn't there's no construction being contemplated so if some of this language is not relevant um I see a raised hand um Leslie Matthews would you do you have a comment or yes I actually have a comment about the sound I hate to go backwards on this but okay could you state your name oh I'm sorry yes BL Matthews 111 Main Street and um as far as the sound um Marshall's pretty On Target as far as like a standardized sound it all depends on location and depends on how the neighbors feel about it and uh I was actually sent down to the Sunset Club and had to do a deal reading down there from All Points of View uh all sounds all area and down there along with the owner of the um the establishment itself and um then it was a determination that was made on how uh how much time how late and how loud the music could actually be so there's there isn't an actual standard it's it's a it's a uh per business determination and that's just wanted to add that little info for you okay thanks so much and the um report that Marshall report that you did is is that like um in the in the plans for a public knowledge to to Su what you came up as far as decb were concerned no I didn't did not submit a report but i'' be happy to do it terrific that'd be great yeah thank you thank you all right thanks ly so now that we've gone through the criteria um unless is Leslie's hand still up but I believe she's done yep okay um so if let me put back on this if uh anyone has any other questions please raise your hand uh comment it from the board please otherwise um with the criter criteria being reviewed um I entertain motion to continue this hearing to a later date I'll make that motion do I have a second second okay um a roll call vote um Scott sorry Woody let's just figure out when you're when you're continuing it too oh yes I'm sorry pick a date that's okay um what what do you think is an acceptable date Kristen uh two weeks from now um yeah and I just wanna uh just to clarify um generally the board has continued the pelic hearing um for to include the process where there's a draft decision before you like actually the decision is written up and prepared ahead of time and at the meeting the board reviews the decision and and approves it so that that can be done with the public hearing still open um with and that's been the policy of this town to do it that way in case there are any comments or um last questions that come up so that would be the intention of continuing the hearing um so I think the next um regular scheduled meeting is November 6 which should be plenty of time that's actually three weeks there's an extra week in October this year so um that I have no doubt would be sufficient to have a draft decision written in advance and consider for the board on that agenda if that works for the board and you said that was the November 6 correct correct y all right so I'll start over again I'll entertain a motion to continue this hearing to November 6 so moved okay do I have a second that good okay thank you Scott thank you Mary um roll call vote Scott I Mary yes and um I vote Yes as well Steve how do you feel I'm okay I'm not voting as you know yes I okay thank you um so we'll continue this statement to November 6 and we'll see you then and thank you thank you very much all right everyone have a good night and that will be on Zoom as well yes on Zoom yes okay um next thing on the agenda we have old business um Millennium engineering three Newber report turnpike um Bavaro reality family reality 2 LLC and this was for the request for modifications to approve site plan to add sidewalk and retaining law and um a Transformer Pad so that being said um is TJ here with us I am uh good evening everyone TJ Melvin with Millennium engineering um so since we were last in front of the board um we got back in front of conservation um as Woody had mentioned earlier uh they voted to issue uh an order of condition I conditions um the I believe we have received a clean letter from Joe sadka regarding his two uh comments that he had um in which we revised the plans and submitted them uh a week or two ago u i could pull them up and go over the the one minor change if the board would like but essentially on the southern side of the building we extended the walkway like three or four feet just to get past one of the side uh egress doors and we provided a retaining wall detail um both of which items I believe he's okay with um and we had submitted a full storm water report and he provided you know no comments on that um so with that I'd be happy to answer any questions the board may have or I can pull up the planes and go into more detail if you'd like Kristen we had peer peer review on that so that's as TJ said so that's all set um if you'd like to actually put the plan up TJ and show us where the little extension was we went through this last night conservation uh little extension of the so everyone's aware of the L of change you made can everyone see this okay yes yeah so previously we had the this walk here kind of stopping about where the mouse is and we extended just a few more feet to get past one of the egress doors this location on the building um so that that was a minor change since we were last in front of the board and again we provided a instruction detail for the retaining wall TJ did you with your storm water reports what you mentioned um were shared with Joe but um he didn't have any comments specific to that was there any were there any significant changes to the calculations no uh very little I can uh really the only change was previously there was a little bit of the rainen garden that was kind of in this area here that's now filled in obviously with the wall and walkway um so we recalculated the you know the extra impervious area and the very minimal loss to the Rain Garden um and the calculation showed that you know the Bas is still holds the 100-year storm event and we're meeting the mass storm water standards for rate runoff um so really a minor change to the Basin itself but just to be complete we we provided that to the board great [Music] thanks so that being said uh with the plan the plan board is satisfied with the peer review um and conservation is which was mentioned has uh started order conditions and closed closed that out so um does anyone have from the board have any questions on this matter NOP no questions at this time all right um I would uh entertain a motion to approve the minor modifications to add a sidewalk retaining wall and Transformer Pad at three Newber Port Turnpike and also the little extension for the door so moved do I have a second second okay thank you Scott thank you Mary um roll call vote and welcome back Pete roll call vote Pete yes sir um Scott hi Mary yes and I say yes as well and Steve how do you feel I'm good okay very good so TJ you should be all set with that and uh thank you for your presentations and your time great thank you all for your time have a good night um okay that's first thing going on Old business the second thing on Old business and U Millennium engineering again uh 68 Green Street subdivision owner properties uh they have two requests here request of determination of project completion and approval of record plan and uh request for release of performance funds per F VI Lane um so Kristen we have B Bill plan correct um yes we do okay and the plan and Engineers certificate have been transmitted for peer review um and um so Joe has that is reviewing it and has requested a site walk um so we've we're in the process of setting that up peer review s sidewalk with Joe and yourself and and TJ or the applicant whoever the applicant wants there all right um TJ would you like to say anything on this on 68 please uh sure uh good evening TJ melv with Millennium engineering um as Woody had mentioned during his notes at the opening of the hearing uh we were also in front of conservation for this project last night um we did receive a partial certificate of completion for lot two um the two outstanding items were there was a small about five foot strip kind of at the base of the the slope that just needed some additional seating and it was noticed that on the S sidewalk there was a kind of an Old Farm Road that was kind of out past the limit of working and really not part of the construction area um and it was asked if you know to to the abilities that could uh you know just remove it by hand Without Really bringing in any machinery and just take out what can be taken out um on lot one all of the work is complete the one outstanding item was it was noticed that the rip wrap with a constructed Wetland uh that falls on lot one was not in place at the time of the S sidewalk uh so Our intention is to get that in place and hopefully receive a full Co at the next conservation here and uh as as has been discussed we're in the process of setting up a time to to meet with Joe and christen onsight to to walk and just kind to go over some of the items that are uh you know still listed on the bond for one and two just a final review and close up okay so there's a few things that need to be addressed and uh conservation's going to weigh in in a few weeks on that and Kristen and Joe and yourself are going to meet for a site walk so we have a few things to wrap up here before we can close this out so um unless Kristen's got anything to say I guess we shall continue this to our next meeting Kristen yeah I think well um that works that should work I got three weeks to get out there all right I don't when's the next kcom meeting uh TJ or Woody is that I believe it's I believe it's the 6th Tuesday the 6th of November if it's not the six it's the fifth I don't have calendar in front of me yeah I believe it's the day before yeah yeah okay yes all right so we'll get this TJ and crane can get these things buttoned up and we'll have the conservation meeting and we'll see you on the 7th great thank you all for your time yeah we don't need to vote on this because this is still under Ro business so thank you TJ for your time and um we'll see you on the seventh great thank you all yeah have a good night okay so that concludes all business on the agenda um the only other thing I see on here on the agenda tonight is uh plan and director's report um yeah that's I'll go out and look at the moon no I have a few things I won't I won't take too long though um um we've received a a forma application for an approval not required subdivision um at 131 newb Port Turnpike um that's as you may know the Self Storage property um uh the owner is um intending to subdivide a two acre parcel that has Frontage on Boston Road um a buding um abing the uh other property that the board has permitted which I believe was 84 Boston Road I don't have that address in front of me um so that will be um on the next agenda and shared with you all um there are a couple other inquiries we're getting a lot of inquiries actually about accessory dwelling units which um I think was anticipated with the new legislation um so just inquiries about you know what can I do with my single family property um people coming in to look at the maps and talk about that um as we have discussed previously but the new accessory dwelling unit um law will go into effect in February so Newberry will be looking at um revising our current bylaw um for Spring Town Meeting but um but it will go into effect in February and um those are accessory dwelling units approved by W um through uh process outside of the planning board um so that's great and interesting housing is a big need and a lot of people are are expressing questions about that um Let's see we have a couple different things um there's the flood plane FEMA flood plane bylaw also um needs to get updated um is required to be updated for Newberry uh so that will be coming onto the town meeting calendar um I'm thinking that it'll probably make sense for the planning board to have a workshop at some point in mid November if we want we can talk about um having an in-person Workshop where we look specifically at all the zoning amendments that um are being worked on in anticipation of town meeting it really needs to start as early as it is it has started now and um need to get the planning board um sort of discussing those amendments and thinking about um what to move forward this year um and we may want to do that in a more of a work shop format um let's see I guess that's it there's a border to Boston regional meeting coming up um where which is the Regional Trail Network as you know um there's the mass do has um currently has a contract with BC Engineers to be doing some survey work in the Byfield to Georgetown segment so people may have seen some uh Engineers out in this part of town River Street Forest Street um doing some survey work and they are red delineating the wetlands as well um so there's a regional um their quarterly meetings for that Regional project and that's coming up next week um and finally just excited to remind the board that our assistant planner is starting a week from Monday so at the next meeting we'll we'll bring Daniel along and um he will have you know a week and a half under him but so hopefully you'll all get to meet him in person as well that's great Kristen you need the help very good that's great all right and if you have nothing else Kristen does anyone else from the board have anything to say comments questions Kristen otherwise it's all I got tonight I see Pete looking around Pete would it's a nice full moon and I would love to make a motion that we adjourn at this point in time okay and I take Mary's laugh as a second thanks both in favor Pete Mary yes sir Scott hi Steve how do you feel oh yes I say as well thank you for a good meeting and uh everyone have a great night go enjoy the moon thanks buy thanks Kristen Krist thanks everyone thank you good night everyone t