uh as a preliminary matter this is Larry Murphy chair of the Newbury planning board permit me to confirm that all members and persons anticipated on the agenda are present and can hear me planning board members when I call your name please respond in the affirmative Peter posos yes Woody Knight yes Mary Stone yes Scott Ker Scott you I see you we know you're here yeah yes St van Jones yes Town staff when I call your name please respond in the affirmative Martha Taylor planning director yes and Kristen Grub's assistant Town planner yes and we have for anticipated speakers Renee Bordeaux she is not here yet okay we're also on Steve Sawyer hello I'm here Steve and Michael mcneff is he hasn't joined us yet I'm sorry not yet uh this May 15 2024 open meeting of the newb planning board is being conducted remotely consistent with chapter two of the acts of 2023 which extends the governor's March 12 2020 order suspending certain provisions of the open meeting law general laws chapter 30A section 20 until March 31 2025 this order suspends the requirement of the open meeting law to have all meetings in a publicly accessible physical location and allows public bodies to meet entirely remotely so long as reasonable Public Access is afforded so that the public can follow along with the deliberations of the meeting for this meeting the Newbery planning board is convening by video conference via Zoom has posted on the planning board's agenda which can be found on the town's website and which identifies how the public may join you may join us by going to http colon backback zoom. us and entering meeting ID number 83271 41356 passcode 10879 or by calling 1 92925 6099 and entering the meeting ID number and passcode when prompted please note that this meeting is being recorded and that CES are participating by video Andor telephone conference um uh the recording will be available on the Newbury access YouTube channel uh which can be accessed through the planning board's web page on the town's website named at www.tn cb.org meeting materials were provided to the board members prior to the meeting for review applicants or their representatives may be called upon to speak and if needed share information to the screen uh please State your intention after you've been called before we turn to the first item on the agenda permit me to cover some ground rules for the effective and clear conduct of our business and to ensure accurate meeting minutes as chair I will introduce each speaker on the agenda after speakers conclude their remarks I will go down the list of board members inviting each by name to provide any comment questions or motions please hold until your name is called further for all attendees except board members and staff please remember to mute your computer using a mute button or on your phone uh hit the star 6 to toggle mute or unmute when you're not speaking please use earbuds or earphones with tablets and cell phones please remember to speak clearly uh and in a way that helps generate accurate minutes please be aware that video participants can see you and that you should take care not to screen share your computer anything that you broadcast may be captured by the recording for any response please wait until I yield the floor to you and state your name before speaking if board members wish to engage in discussion with other members please do so through me taking care to identify yourself when you wish to speak there will be an opportunity for public comment and questions during public hearings after board members have spoken I will afford the public an opportunity to comment and or ask questions as follows I will seek uh questions and comments through the raised through the zoom raised hand function for video conference participants to raise your hand to 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 correctly displayed on the participant list you may rename yourself by using the more function next to your name for telephone participants to raise your hand in a zoom meeting hit star n on your phone 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 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 then ask a question or make a comment I will afford the applicant or participant or 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 applicant or representative an opportunity to speak should there be a physical or electronic submiss of questions or concerns they will be noted for the record and again the participant applicant or representative will be afforded the opportunity to speak if the issues raised have not yet been addressed finally please note that each vote taken in this meeting will be conducted by a roll call vote and before we turn to the agenda let me just say a quick word of Welcome to U Mary and Scott as elected now elected members of the uh uh planning board thank you and congratul ulations on your your election on Tuesday thank you Larry thank you um I'm going to take one item uh out of order on the agenda uh under new business we have um a discussion on the June and July planning board meeting schedule uh for June are as you all know our uh and every month uh our normal meeting uh days are the uh or evenings are the first and third Wednesday of the month uh in June the um third Wednesday is the 19th which is the holiday the juneth holiday so we wouldn't be able to meet on that date and uh our first meeting uh reg regularly scheduled meeting um in July would be on July 3D which is a for many people including myself a vacation week uh so I just wanted to discuss uh get a sense from the board um um maybe some alternate dates my thought was to have one meeting on June 26 um and uh then just um I'm sorry would have our our regularly scheduled June meeting on the first Wednesday of the month then instead of the 19th we'd have a meeting on June 6th and we'd simply skip over the uh uh July 3D meeting and have one meeting in July so I just wanted to get a sense from the board members if that works for everyone anyone have any thoughts about that sounds like a good plan that work me I agree very good so we'll we'll plan on doing that Martha I don't think we need a formal vote on that do we I don't think so no great so yeah we'll we'll plan on on that schedule um let's see so moving on to the public hearings um I'm sorry we have time don't we uh the next item on the agenda are liaison reports um so why don't we turn to those uh artha anything from the select board um they've not been on their regular schedule because of um the annual town meeting and then the election they did meet um well they posted the candidates Forum on the 6 as a as a meeting but they did have a very brief meeting this past Monday on the 13th to approve two clam licenses and that was it I believe that their next regular meeting is going to be May 28th but I'm not 100% sure about that than all right thanks I'm sorry was there a question no um next is zba that's me uh they have their regular monthly meeting tomorrow night uh they have a continued public hearing on 80 Northern Boulevard this is actually a neighbors's appeal from a uh determination by The Building Commissioner on a request for enforcement um and they also have a new public hearing for 31 Ralphs Lane for a detached accessory apartment and the other last item on the agenda is an update on the 55 our Pearson Drive the 40b project off Pearson drive and that's all I have for zba um bu anything from conservation Excuse me yes uh conservation we met last Tuesday the 7th um it turned into lengthy meeting it was over three hours but uh we had a an extent uh we had an extension we had a enforcement couple enforcement orders four requests for determination of applicability um public hearing and uh four continued notices of intent so it was a lengthly meeting the only two things that really pertain to us I guess is I should say we've seen before is um one Main Street it was um final final wrap up on on One Main Street in Byfield which was a different address when we saw it but it was one of those SPS they divided there and we divided there and the other thing was um the golf course Newbury Golf Center they're uh trying to uh the buffone mitigation plan they're trying to get their enforcement order closed so and then we had a s sidewalk for that as well on Monday and we'll continue with that at our next meeting so other than that that was it okay thanks Woody Martha anything from mvpc uh the Commissioners meeting is uh being held tomorrow and it will be mostly General business there will be one uh guest from a group um actually two people from a group called housing support um providing a presentation and then next week um the 23rd will be the regional planners meeting and that will include a hazard mitigation planning uh update and uh a presentation regarding the marac river early alert tool so those are both the environmental program people that's it okay thanks Martha we've got about four minutes before the public hearings Martha does that give you enough time for the planning director's report um probably we can give it a go anyway um as Woody mentioned um Eric Sorenson is trying to close out the the Golf Center project after much time so they've started first with the the Conservation Commission there's an enforcement order that needs to be lifted ideally and then a they've requested a certificate of compliance and we're aiming to um have that done before this really comes to the planning board for for close out um I'll be requesting um Eric and his engineer Scott to provide a copy of the as built to us um along with their request for close out and then um you take this up at an appropriate time as we see how the Conservation Commission deals with it a few other things the um Hazard mitigation plan that mvpc has been working on is now going into um they finished their their first draft it'll be going into public uh comment period starting on May 28th through um June 28th and so they will be working to schedule a Public Presentation here um in Newbury for our section of it uh we may try to coordinate that with the select board since the board will have to vote to approve the plan before it goes to FEMA but I'll keep everybody updated on that and the housing production plan uh Kayla and Ian are working on on the draft of that I expect that will be ready in July for review um we're working on putting together the MVP MBTA um compliance application to the state as well as the submission to the attorney general that's required for any zoning amendments um we have received a notice of intent to sell for the property at 34 Central Street so that will start going through um through that process it's currently in chapter 61a and Kristen has been working very hard to kind of get the border to Boston going again there have been a lot of stops and starts on that but um she convened a meeting um including folks from Mass doot yesterday as well as us Patrick Reed from mvpc and Jerry clima who was on the coastal Trails Coalition and Shan our conservation agent was there and we had a productive conversation about sort of next steps and timeline and then actually took walk out on the um on the trail itself um the last time I was out there was in in February of 2020 right before the pandemic really hit and at that point there was a significant breach caused by a beaver dam um which seems to now have been somewhat addressed so trying to figure out the next steps for moving this along in terms of design Kristen I don't know if there's anything you want to add to that no that's great I mean it's that's complicated work to have a you know it's really part of the East Coast Greenway so it's all the New England states but you know in Massachusetts B from Boston to the New Hampshire border it's such a big project and each town has little segments with many different partners lots of different folks working on it so it's just a complicated um but really very valuable and exciting project so we'll keep you updated thank you anything else Martha no that's it okay well perfect timing because it's now 7:15 so we can turn to our first public hearing this is a new public hearing uh for proposed amendments to the subdivision rules and regulations and to site plan reduce submission requirements and procedures and Woody do you have the um legal notice to read to the record yes I do Larry thank you um T Newbury planning board public hearing notice residents of the tana newbur and other interested persons please note that on Wednesday March 15 2024 at 7:15 p.m. the new planning board will hold a public hearing remotely via Zoom to consider proposed amendments to the code of the new of the town of newy chapter 117 subdivision of land and to the planning board site plan review submission requirements and procedures to add Provisions to meet ms4 requirements as follows one chapter 117 subdivision of land article three 117-118 definition uh excuse me definitive plan and 117-118 M record drawings add a requirement that the record drawings show all onsite storm water control controls two site plan revision uh site plan review submission requirements and procedures a application procedure two pre-application conference add requirements for review of potential water quality impacts and for incorporation of low impact development site planning and design strategies B and then it says f record drawings add a requirement that record drawings show all onsite storm water controls the text of these proposed amendments is on file with the Town Clerk and in the planning office 12 Way Suite 101 Byfield mask and may be viewed on the planning board section of the town's website at https do slw ww. toown ofy.org planning dboard slash Pages slash propos zoning D and- regulation D amendments for more information or to obtain a digital or hard copy of the proposed amendments contact the planning office by phone at 978 46586 2 extension 312 or by email at planning boardtown ofy.org in accordance with chapter 2 of the acts of 2023 which extends the governor's March 12th 2020 order suspending certain provisions of the open meeting law GL C 30 a20 until March 31st 2025 the hearing is being conducted remotely all person is interested or wishing to be heard relative to the proposed zoning amendments are invited to participate in the hearing remotely at the designated time from their computer tablet or smartphone at https semicon us2 web. zoom. usj 83271 41356 pass code 10879 or they can par participate by telephone by calling 1929 205 6099 us and us meeting ID 832 714 excuse me 832 7141 3056 or may watch the meeting live on local access cable channel 9 at w or at ww W.T nctv.com water consultant uh with the town and has been engaged to work with us on compliance with the MS for General permit requirements and Rene I hope I'm pronouncing your last name correctly I get right thank you Renee maybe you could give us a brief summary of what ms4 is all about and then the recommended revisions to our by to our regulations yep um so the US EPA regulates storm water um from municipalities all across the state um but specifically with the town of Newberry under a national pollu and discharge elimination system otherwise referred to as nipes permit and it really governs the municipal separate storm sewer system often referred to as ms4 um really how this permit regulates is it's based on a regulated area which is defined by a census block um typically the census blocks are evaluated every 10 years or so and it's really focused on density of um residents and isn't tied to like impervious cover or commercial development or indust development or anything like that um so a portion of the town of Newbury um Falls within that regulated area um and under this permit the town is required to do um a multitude of things um including Public educ public education and Outreach around storm water management um they're required to prepare documents about storm water management to be in compliance but also allow the public an opportunity to comment on those documents um they're required to do an elicit discharge detection and elimination program which really looks at reviewing the city I mean the town storm water management system ensuring that only storm water is entering that system and exiting that system so really looking to ensure that no sanitary sewers are connected to it and or that residents and Commercial businesses aren't using it it to dump um non-storm water things such as um you know chlorinated pool water or washing their cars in it or dumping oil Etc um also is part of that which applies to our conversation this evening that the the town is required to update um both their site plan review erosion siment control regulations as well as their post construction storm water regulations again to ensure um that they you know that development is is protecting the waterways um and not discharging storm water into the system that's untreated which could be a further maintenance burden for the town and ultimately for the receiving Waters um and then finally there's an operation and maintenance component to it as well that requires the town to maintain catch basins conduct street sweeping um and then maintain any storm water best management practices that are on town properties um so that's just a general overview of um the ms4 permit and I don't know Martha if you just wanted me to go over the the comments um I know that Woody kind of just went through what they are they're they're fairly minor in nature um so I don't know if that'd be helpful if anyone has any questions on sort of why we're here I will say I mean really the purpose of tonight is you know the town is required to update their regulations both the site plan and subdivision to make sure they're in accordance with this ms4 permit um and so the regulations that we've the Amendments we've proposed to the regulations will bring the town in compliance with the ms4 permit they're fairly minor in nature I would say that the the more substantial um amendments will come to the storm water ordinance which will be taken before the Conservation Commission I believe at the beginning of June um but the ones before us this evening really are focused on um in both the site plan and subdivision is just updating the record drawings such that when applicate applicants submit record drawings to the town it makes sure it reflects all the storm water management controls that are on site um I believe there was a provision previously which just indicated you know rain Gardens detention ponds Etc and so we just want to beef that up a little bit to make sure that everything's included um and then finally um there's sort of some amendments to the pre-a application conference that happens during the site plan review process um and just ensuring during that pre-application conference that um the town is talking to the applicant about some of the improvements to water quality impacts that need to happen on the site as well as the um ensuring that they're incorporating low impact development design strategies um with their projects thank you Renee Martha can we share to the screen uh the proposed amendments Renee do you have those available to share or I do okay otherwise I can pull them up but if you've got them handy that would be great do you have a preference which show me start with no whatever comfortable with okay whatever comes first yeah let me make sure site plan we'll start with the site plan ones and I'll zoom in here a little bit for folks to see okay so I'm just going to kind of scroll through this quickly there really aren't a lot of changes to it um there are they are in redlined um so I'm just going to scroll down to where that red line is um so the first location is under the application procedure uh again this is focused around the pre-application conference um so again we're adding some language that during those pre-applications for both a level one which is a minor project site plan review and level two a major project site plan review we're adding some language that during that during that process um that the applicant will meet with the town planner and review the requirements for the site plan approval including potential water quality impacts in incorporation of low impact development site planning and design strategies and so that's reflected in both the level one and the level two and then we'll jump down to the records drawing section um and again previously there was a number seven which indicated locations of rain Gardens constructed Wetlands detention ponds and similar facilities this is kind of getting at the storm water Clause but the the ms4 permit had pretty specific language with exactly what how they wanted that to read and so essentially we just copied that language um we basically replace the old number seven with a new number seven that states all on-site storm water controls both structural and non-structural designed to manage the storm water associated with the completed site AKA storm poast construction storm water management and those are the only amendments to the site plan regulations thank you Renee let me turn to the board members now and ask does do any of the members have any questions or comments about the uh amendments to site plan review I'm not hearing any I don't have any either thank you Rene I think you can probably move on to subdivision regulations then okay this one has less edits so um Le started the top I think they pretty far down so I may want to start at the bottom here um oops so this update is just to the record drawing section um oh boy did I go past it sorry you're actually still in site plan review is what we're seeing on on the screen oh really okay I'm sorry I have to unshare I'm sorry I apologize I didn't I thought I shared my whole screen but I didn't that's okay stop share all right let me get to the section in here so you don't have to watch me scroll um yeah it is pretty far down yeah um okay here I have it here I'll scroll up a little bit so we can review the section [Music] title okay all right share screen subdivision regulations share okay um so this is under one let me see here it's under section L which is the release of the performance guarantee so again scrolling down to the record drawing section um we've added a number seven here which again is the same record drawing condition that we just discussed for the site plan review regulations again I'll zoom in here a little bit I understand this is a little small um and again it's that all the on-site storm water controls both structural and non-structural designed to manage the storm water associated with the completed site post construction storm water controls again be added um on the record drawings before submitt to the town and that's the only update to the subdivision regulations okay thank you Renee again to the board members any questions for Renee on this or anything else for that matter I suppose at this point hearing I think you can probably stop screen sharing then Renee y um so when we turn to the public Martha have there been any written comments received no I haven't ra no and do we have any uh members of the public with raised hands out there I am not seeing any okay um then let me turn back to the board members and ask uh uh if we're ready to uh consider a motion on the on acceptance EXC excuse me accepting these um amendments P do you sure I'd be happy to make that motion okay uh we could review and of sub uh subdivision regulations I'm sorry I could you repeat that sure it'll be for both the site plan review and the sub uh division regulations okay as presented yes okay Martha you that sufficient for our needs I think so and that's Renee do you have any sense it would it be better if the board um adopted each of them separately or do you think combining is fine I think combining is fine okay okay so the motion then to recap uh is uh to adopt the revisions to the subdivision rules and regulations uh into site plan review as presented is that fair Pete that's fair he do we have a second second I'm not sure who I heard first I think it was Mary um Woody was first okay then Woody was first thank you Mary any any discussion on the motion okay um then how do you vote on the motion Pete yes Woody how do you vote on the motion yes Scott how do you vote on the motion yes Mary how do you vote on the motion yes Steve have any anything to add no I do not thank you all right I vote Yes as well so I think we're all set on this thank you Renee thank you Renee thank you have a great night okay actually one one more thing if we may Renee there is one more step that will have to be taken but at town meeting correct the revisions to the bylaw itself yes yeah to site plan review bylaw but but the um basically the the intention is the same or the outcome is the same yep so that will happen next year but what we voted on tonight are just regulations yes y okay great thank you again all right thank you take care okay thank you thank you uh next on the agenda I'm sorry do you want to vote to vote to close the public hearing oh I'm yes thank you Martha I entertain a uh a motion to close the public hearing some moved thank you thank you Woody any discussion then on the motion Pete how do you vote Yes uh Woody how do you vote Yes Mary how do you vote Yes Scott do you vote Yes and I vote Yes as well thank you for catching me Martha welcome next we have a continued something you're getting used to I know by now you do a great job Larry thank you yes you do I would have started the public hearings at 7:05 Martha hadn't caught me um so next on the agenda is a continued public hearing for seven Bitter Sweet l map 9 lot 21b common driveway special permit application owner David W F senior and ncy J fley and the applicant Gage fley and just a reminder the only voting members on this uh members eligible to vote on myself Pete Woody and Mary um so let's see we met last met on this on April 17th and um we had a discussion about the need to up update the ownership information information in the easement agreement the easement exhibit and the draft decision uh to reflect current ownership and Steve Sawyer can you bring us up to up to speed what we yeah good evening Steve so with gm2 um excuse me uh yeah so it took a little bit but we got the uh easement figure has been updated reflecting the new ownership and the new configur new configuration of the non-com non-common driveway easement just for um the portion seven or the portion on um nine that serves seven so that figure was updated and also Matt Gaines updated the document we got those to Martha today so I guess at this point I believe it's just um that need the final documents need to be reviewed by Town Cil and hopefully that's it I think that and then um Martha correct me if if I'm wrong I think that's the only outstanding items on this I believe that's correct right so we will do an internal you know staff review I found a few things in the easement agreement this afternoon when I went through it and then we'll send it on to council for her review along and the board had requested previously that we send the decision along with it to council for review so and we have that in form right now yeah but that needs to also be revised to reflect the ownership as it currently stands oh the decision okay the decision does yeah uh any questions from the board no hearing none Martha uh any U public comment either written or raised hands tonight none written and no raised hands [Music] okay so unless there are any further questions or comments from the board members um the next steps would be to staff to review the revised docum and then provide them to Town Council for review along with the revised draft decision and I guess we would need now a a motion to continue the public hearing to a future date Steve do you have any reference on a future date I yeah I don't I I have a feeling trying to get it all done in two weeks into the board everything into the board is that you know in there really is there's not a tremendous amount of pressure there's you know it's not holding anything up right now so instead of um I'm thinking what was it the 2nd June meeting that June 26 yeah does that Martha does that make sense to you or do you think we can get it all done in a couple weeks um I think that might be safer only knowing that you know Town Council is still in the midst of uh um annual Town meetings with all of her communities things like that so yep and that might give an opportunity for some back and forth if there needs to be any so that might be safer perfect okay all right then I would entertain a motion to continue this public hearing until our meeting on June 26 at 7:15 p.m. via Zoom do I have a motion to moved thank you Woody do we have a second second thank you Mary any discussion and hearing none Pete how do you vote on the motion yes uh Woody how do you vote on the motion yes Mary how do you vote on the motion yes Scott how do you vote on the motion I'm sorry I don't think I can vote on this one oh I'm sorry you're right you're right my bad uh I vote Yes as well so it's some unanimous with the four voting members thank you Scott pointing that out all right next we have um under old business 105 High Road Seagate uh Steve Sawyer representing the applicant request for approval of the planting Planet Union uh unit 9 and also uh a request for partial release of the funds held in the tri parite agreement and if we all recall from our last meeting uh the board had reviewed the request decided to defer action until tonight and we schedule a s sidewalk which he held on uh the 13th of May and um we do have uh an opinion from Joe Sak our peerreview engineer that the requested release of funds was reasonable but suggested that the board might want to hold some additional funds to cover the retaining wall and planting on unit 9 so Steve I think that's an accurate summary of where we're at you have anything further to add uh no I don't um the only I guess he actually said the board may want to discuss he didn't recommend either way but I imagine my feeling is I'm sure you got that you would probably feel more comfortable with holding money which we have no exception to that um so we added $35,000 into the withholding in uh I added 35 uh to to be held for that okay so um turn to the board members any questions comments uh Steve approximately how many I guess face square feet of wall at number nine uh any idea ballpark uh let's see I don't know it's I have to say around 240 40 face feet face feet yeah I mean my comment would be I I think that's more than enough the yeah the hold back Scott you're talking about okay um anything else Martha anything you want to add no I don't think so well let's let's take them uh separately then because we have two separate issues here first of all uh uh uh would anyone care to uh move to approve the planting plan prepared by John Neco Thompson Landscaping it's submitted to the board by Steve Sawyer on 41524 I think we've all had an opportunity to review that I'll move thank you Mary uh is there a second second thank you Woody any discussion I think we're all eligible to vote on this Mar am I correct uh yes it's not a hearing so yes all right Pete how do you vote on the motion yes um would he how do you vote on the motion yes Mary how do you vote on the motion yes Scott you vote on the motion yes and uh Steve manjon any anything You' like to add no I do do not have anything to add thank you thank you Steve all right so the motion uh and I vote Yes as well so the motion passes unanimously to approve the Landscaping plan and next Steve uh I believe what you're asking for is um for the Savings Bank to release $ 69,8 from the secured funds being held by the bank for the uh for 105 High Road under the terms of the tri tripartite agreement the developer in town reducing the secured amount to $220,200 is that accurate that is accurate yes okay uh and I I think we've all had an opportunity to see the uh Steve submitt I don't think it's necessary to put it on the screen um any fur further discussion on that point would you like a motion I'm sorry would you like a motion yes please there you have it all right thank you do we have a second second second second I think that was Mary time I think you got a second third and fourth okay uh and Martha you have the language of the motion okay I kind of fumbled through it um I do and we have we have a template for for the actual certificate of vote so yes okay thank then any further discussion and hearing none Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote Yes Scott how do you vote Yes Steve any thoughts okay I I vote Yes as well so Steve you're muted you are muted Steve but uh no thank you I'm unmuted but no comments okay thank you and uh I I think um from the S sidewalk there's some issue of grading changes at unit two is that going to have to come back before the board I I I guess so I submitted a so we went and discussed it on the we were sort of discussed the layout at the property the other day excuse me and I submitted a plan to I uh submitted a plan to Martha um today basically documenting that 6inch curb as we run it around the left side of the culde saac and with the twoot wall to flatten out the backyard or the backyard of unit um unit two um so I get I I think Marthur your intention is for us to come back on that or does did the board see I guess on the site visit did you right off the bat did you see any issues with that any any I I I didn't see any issues with it and I would think that could within the purview of month uh within I think you would call that administrative change but um I'd be interested to hear what everybody else thinks yeah I guess I guess the issue would would be if it could just be considered a field change or a mind modification that would have to come back right I mean typically with all these grading changes that have happened on at all the units basically we've we've asked Joe to review the proposed changes give us his feedback and then the board has voted to determine whether it's a minor modification and approvable or something that seems more significant so okay well you with Joe and Steve yeah yeah okay very good um so Steve I think we're done for tonight unless you there's anything you'd like to add so uh procedurally I guess how um as far as for uh Ben and Maggie to get the release Matha do you send that off to them to bring to the I'm not sure how that works but I just want to let them know when they could expect that right um so we can probably pull that together tomorrow I think though let me just uh pull up the previous one here bear with me for a second I think that it may it needs to be signed by um by the board members and one of their signatures needs to be notorized that's we've done in the past so we did that with the uh release that might take a few days it will probably take into into next week okay all right but we'll we'll get it done as fast as we can okay and then as far as um you're gonna have Joe review the grading change on unit two yes yeah okay very good yeah yeah so I think I would anticipate putting that on the on the next agenda you know just to kind of run it by the board and get you know everybody's comfort with his after we get Joe's comments back okay okay very good I guess we could move on uh so next item on the agenda is uh under new business is 170 Orchard Street Fields way uh Michael mcniff is with us see and uh can you uh I think uh we're looking for a project status update and then a discussion regarding the approval of the uh performance Covenant so Mike let me turn it over to you oh great thank you everybody I appreciate you all being here it's good to see you um Marthur I I think we forwarded the the form D Covenant I know that Mrs jurkovich on one half signed and I know that Mr Casey on half of the SX ay signed I don't know if you forwarded you the notorized signature of Mr Casey did you get that second no okay I'm sorry we I was on a flight so I was trying to arrange that but we have it we'll send it along tomorrow uh as far as the the Farms going I believe Mr har is planting corn so we don't anticipate anything happening on the project at least until the chapter 61 the quarterback the ball has been tossed around from different attorneys but it's going to be Mr Shen who represents the ex Z AGI who will be sending along the notice for the chapter 61 I happened to forward to Martha just a it was a draft that we had just received a few days ago M I know there's some documentation numbers from Bob that we have to uh put in there and the purchase and St sale even though it's continually been extended we're trying to we'll have a cleaner one when we submit the chapter 61 which will make it uh free of any contingencies which I believe was one one of the requisitions and I have a feeling he's going to be submitting that if not Friday it'll be uh the first of the week so we're assuming that's four months 120 days anyways enough time Mr Herrick would probably Farm the cor so there probably wouldn't be a conveyance until September at this point it might even go into October I have not talked to Green Belt today in regards to the best time to conance I'm I have broached it with the two attorneys and I think as soon as they release and I think they're going for half of the property to be released the other or the Shay that's going to Green Belt will stay in um the protected tax forms and I would assume both parties both Parcels would be conveyed out at the same time from the seller to The Entity that's buying the development as well as green belt as far as I can say I think that's pretty much touches most of the basis okay thanks Martha and um anything you wanted to add um so just a question so um the the 61a notice um is being drafted to kind of take into account that part of the parcel is being conveyed to Green Bel and um as far as I understand that is the that is the way going to propose it that the part being sold to the from the development end will be taking out I think we did receive a couple of months back from the assessor and I don't think they have a buyback fee because it's been in uh it's been in protective U for so long been farmed for so long I may be wrong on that but I'm pretty sure that that was the case but to short answer your question I think they were going to leave it green belt was leaving it in in the protected status okay we we'll we'll see what the draft is when we get it okay that just came out this week it took a while for them to decide which as you know there are multiple sellers which which one was going to handle it and I apologize Mr Shen represents Mrs jurkovich I said Essex Agy that was incorrect and Mr sh from uh will be handling the chapter 61 notice okay thank you um so going back sorry Larry go ahead no you go ahead um so going back to the form D Performance Covenant um I believe in the past before the board can actually endorse the plans we have received from um you know from the property owner a the form D which has been both signed and notorized by them as well as recorded at the registry so and then the recording information gets placed on the um on the plans to be endorsed if I recall correctly so we don't you know we don't quite have that in hand but you wanted us to record the form D Martha um that's typically what what's been done we've received a recorded version from from the sellers okay or from from the owners well it's still going to have to be reviewed by Town Council right well the form the form D I think is is pretty straightforward it's based on a version that she's reviewed in the past I mean that's just that's the performance Covenant so okay but if I understand correctly before we can sign the plan now they let me step back a little bit I understand that the appeal period has has run in both the definitive subdivision and the common driveway special permit but before um uh before we can sign the plan we have to have the performance guarantee in place is that your understanding yes um so let me turn to the board members any any questions or comments so just clarification form D to us um and then uh the performance guarantee and then we act on that is that correct right yeah okay yeah and the board has already um approved and the form of performance guarantee is up to you know up to the applicant so and they have said that they would like to use the form D the performance Covenant the board has already approved doing that and has seen the the the language so last part of that is really to get it signed and notorized and recorded then we know the board knows it's in place and can endorse the plans then um at this point uh I I think it would be appropriate uh if anyone cared to move uh to endorse the plan upon receipt of fully executed and recorded form D you comfortable with that Martha that sounds good okay do I have a motion so moved thank you Woody do I have a second second thank you Mary any further discussion then hearing none Pete how do you vote Yes Woody how do you vote Yes Mary how do you vote Yes Scott how do you vote Yes Steve anything to add sounds good thank you okay I vote Yes as well all right so I guess we're moving forward with this and uh thank you Michael unless is anything else uh Martha we can move on yes okay thank you everybody for your time good night Michael thank you and the last item on the agenda uh are the items I guess I should say the planning board meeting minutes from April 17th into May 1st let's take the S April 17th first has everyone had an opportunity to review the draft minutes yes all right are there any questions or comments on the April 17th draft minutes oh hearing would anyone care to move to approve the April 17 2024 uh minutes motion okay I don't know Mary Mary Mary is winning tonight she shot I'm sorry Scott Mary is ahead I mean she's just uh she ahead all right we'll give it to Mary do we have a second I'm pushing the button second thank you Scott that's second any discussion all right hearing Then Pete how do you vote on the motion yes Woody how do you vote on the motion yes Mary how do you vote on the motion yes Scott how do you vote on the motion yes Steve you had any thoughts about the April 17th minutes nothing to add thank you thank you and I vote Yes as well May 1st 2024 minutes have we all had an opportunity to review those yes I'm going to assume that we have uh when anyone care to make a motion to approve the May 1 2024 meeting minutes as presented now everybody's getting shy on me was that was that a motion Woody yes okay have a second what up by a second all right thank you Mary any discussion all right then um Pete how do you vote on the motion yes Woody how do you vote on the motion yes Mary how do you vote on the motion yes Scott how do you vote on the motion yes Steve anything to add I'm all smiles thank you okay thanks I vote Yes as well so the May 1st um meeting minutes are also approved and that's it so would anyone care to move to adjourn so moov thank you Scott is there a second I'll second that thank you Pete any discussion hearing none Pete how do you vote Yes Woody how do you vote Yes and good night everyone Mary how do you vote Yes and thanks everybody Scott how do you vote Yes and good night Woody Steve good night and I vote Yes as well thanks everyone good night thanks guys