welcome everybody to the Norton planning board's meeting of Tuesday July 30th 2024 again as this is a hybrid public meeting members of the public are welcome to join us in person or remotely we are at the Norton Media Center this evening at 184 West Main Street there's also a zoom link available for the meeting posted in this meeting agenda for those looking to join the Zoom app directly meeting ID is 638 9291 060 the same has been for approximately 4 and 1/2 years uh this will also be available on not cable access uh for future sessions please feel free to email questions for the board to Brian carmichel Town staff uh so that they can be read into the record or considered if you are not able to attend in person so with that out of the way we'll dive into our agenda this evening so we are going to have a bit of an unusual structure to our meeting this evening um as we do have some items that the board will discuss in an executive session So the plan for anybody who joining the zoom call is that the board will go into executive session anybody who's in the room with us in person we will ask them to step outside for a short period of time the camera and the microphone for the room will be turned off so no lip reading uh after the conclusion of our executive session we will we should return to the Open session so please stay on this Zoom meeting if you would like to participate in the rest of the meeting so with that out of the way I will go do the official motion pursuant to Mass General Law chapter 30A section 21 A3 um looking to discuss strategy relating to pending litigation known as condom Capital Partners LLC versus town and dorton planning board Massachusetts land court case number 24 misc 0076 um I declare that discussing the matter in an open meeting may have a detrimental effect on the litigating position of the board uh a vote to go into session will be taken and votes may occur during the executive session itself so second session little bit seconded we have a motion and a second um as we do have one member joining us remotely um I'll go through rooll here Eric I'll start with you yes Rob yes Jim yes Laura yes Alan yes Steve yes and I will vote Yes as well so at this point again the camera in the room and the microphone will be will be turned off and the members will go into an executive session uh with Town Council to discuss the matter to discuss that matter and we'll return to this Zoom meeting at the conclusion of our executive session thank you okay welcome back to the Open Session everybody the board has now returned from our executive session as discussed uh while we have Town Council here um I do just want to go a little bit out of order here on the items in our agenda and just make sure that we look at the remen decision for 280 Newton Avenue um this was an application for a special permit um so you know Paul had forwarded the draft decision um prior to this meeting um did anybody you have any additional questions comments concerns excuse me Tim yes it's Robin I just I'm having difficulty hear you I don't know if anyone else is if they can turn the volume up or if you can talk closer did I we will check the microphone here and make sure that I am uh yeah the mic's not read on Zoom call so we should be speaking but I don't know if let's try this again should be better okay can you hear us better now that sounds like a no it sounds better to me that sounds better okay perfect well then I'll just go ahead and restate everything I said for the last 30 seconds uh welcome back from our welcome back from our executive session um while we do have Town Council here with us I am going to ask that we take one item out of order here from our posted agenda and just discuss uh our execution of decision for a remand special permit 20946 for 280 newon Avenue um you know Paul has shared the draft decision out prior to the meeting um is there anything speciic specific that we wanted to discuss within this decision prior to it being issued um and robman I'll just give you the floor here if there's anything specific related to the remen decision that you wanted us to pay special attention to uh no I mean I I think the decision reflects um the discussion and the vote at the prior meeting and this is just a chance for the board to read it and confirm that you know discuss or make any changes and then um ideally just vote to approve the written form of the decision and there's nothing specifically that you think needs to be added related to Dover Beyond what's in the document I mean there there's a condition eight that says that du plucts to be constructed on the property may only be used for an educational use operated by a nonprofit educational Corporation and which is subject to on benefits in general chapter 48 Section 3 so I think it makes clear this per is being granted you know to allow that sulex for that use I actually that's some want to ask about there was an a butter concern I buted up the last meeting and it was determined that it was out of our perview therefore we dismissed asking for it people have watched that video since that have been messaging me said that was not out of our perview we can ask for condition we can ask for condition which are within the planning board's yeah jurisdiction the I do want to know the the public hearing is closed and so at this point the board shouldn't be taking in any more information okay no I'll stop that that no I agree Robin um yes we can we can put on conditions but our conditions can only reflect our role in the process we couldn't put a condition on something that said um every Tuesday has be Taco Tuesday no we didn't ask for that this was where they wanted the alarm on the gate yeah I understand so was a security concern from my buers we said that that yeah okay I've since been told that that was not outside our jurisdiction well that we just kind of skip it if we it was a matter that was discussed as part of the open discussion about this project um this is is the opportunity to review the conditions that we put on the project so we talked about parking and we review them can we do that then this would be part of that review right if there are enough members who feel that that it's a condition that we want to impose on the project then allow me to say the abuts wanted it and it's for their feeling of Safety and Security I felt like that was important more important than we treated I'll be honest okay what I didn't hear what's the proposed condition we don't have wording but that there would be an alarm security system on the property would have a security system basically I mean again I guess my my only concern is that I I think it problematic if the board is deliberating now over new information received from the public after the close of the public I this was information that was discussed in the public hearing and so an Alin gate seems useless if there's an open curb cut right next to it I don't know there's like plenty of other places to get out there are two driveways yeah I mean you're not securing anything so okay I I felt like we should have been more engaging to with you other cares out there we should PL that b more they did ask for it they want Gat or front door they wanted a way for them to know when a person was slipping out and how do you differentiate between somebody slipping out and somebody just walking out the door like they should be it's they wanted them to know when someone's slipping out we can sit here and say gee how can they get do that all they want but in the end what they wanted was for that to be solved and I that was the ass that they gave and it's a security concern I can get it they've had people slip out and show up at their houses I can get it where they care a lot so so as it relates they want that to stop as it relates to I'll just take a a straw pull here do we have majority of members who feel that's a condition that we want to add at this time or is that something that we say this entity is licensed under whatever Massachusetts agency regulate this kind of thing and they have to follow whatever that agency tells them to do I think it's how much we care about what you had to say I think that that's I'm not sure I see it I think that's an oversimplification of this of what you're State I think we took the Butter's opinions because that's why I voted against it the first time but once they came back the second time where I knew they were going to go with the Dober thing I knew we couldn't fight that anymore so Swit I think we heard the A's l and that that's CH can I we did re something they asked for hold on so Jim you you've brought up a really important Point here that this board believes that this could be a dove for Amendment and that limits what the special permit in fact as Robin wrote it in the in the U decision it's limited to bulk height M I think we're Robin correct me but if we're talking about putting alarms on or something like that that is it seem it feels like that would be outside the realm of the responsibility of the planning board so I mean I I can't say that if that's challenged it won't be deemed outside regulations concerning bulk and height of structures defining or determining yard sizes lot area setb open space parking and building coverage requirements it' be aurity re of the review that you're looking at under do they did add a fence that's under do securities not one of the things that we can generate okay yeah and understand that to me Dober was just a workaround they were trying to get around some rules and so you're going to admit I don't respect it much so I don't care okay um so I do feel like when the abutters say we want this for our Safety and Security we should be hearing now we did hear it but like I said and with the do when it changed the board vote changed when they came in as a different classification then we had to hear it differently in my opinion we should be putting that one on okay because they asked for it and I I felt for them and want asked for it just Too Many Adventures they've had over there okay um so ultimately this is I am the chair of the board I am not in charge mhm do we have a majority of members who feel that that's condition that we should be adding to this decision no no no no okay um is there anything else in the conditions here in the decision that we want to review okay so I think that this is this is clear to go and uh once we once you finalize this it should be ready for Laura to sign okay Robin I believe that's the last item on our agenda that we needed you for unless Paul you had anything else you you just need a vote to approve the form of the decision okay or to authorize LA to sign it you know we can okay so asking for a motion to approve the form of this decision so moved seconded okay have motion from Jim and a second from Eric is there any further discussion on the motion to approve the form of decision okay Eric yes BR no I'm staying opposed yes okay Laura yes Allan yes Steve yes and I will vote Yes so that was 610 that that was an abstain I think it was a no am I correct I said no yeah okay so six 61 that's what I said there a question you had a z i yeah there was abstentions yeah I had it right but anyway okay all right thank you rob you meeting thank you good night good night night okay so moving on back to our regularly scheduled agenda here um I'll skip over planning board business and policies at this point um uh we did have one bill which I can pass around if anybody is interested in seeing the was a $29 Verizon bill in two sets and two sets no 52 sets sorry get two sets please take a look if you so choose um we also had a number of sets of minutes available on the agenda or shared along with the agenda that we are looking to approve um so we would take those individually in terms of a review um and again I know we've had with some of these there has been some turnover on the board so if you would like to abstain you certainly can um you if you have reviewed the meetings all the vote to approve the minutes is is a is saying that the minutes are in accurate repr station of the meeting so um I'll say we did have three sets of minutes we had a 1220 a 131 and a 27 um does everybody feel that they read the minutes and they feel confident voting if there are people who don't feel confident voting at this time I would ask that we move those to our next session provided my comments I'm not seeing any NOS so can we do all three at once no do them individually it's been done before you know how I like doing individual motions motion to approve move the motion to approve the first one so going reverse chronologically that would be 12 2022 we have a motion from Rob a second somebody say a second please second thank second from Jim okay and because Steve's remote we'll go through the roll again Eric yes Rob Jim yes Laura yes Alan yes Steve yes and I will vote Yes next ones are 131 so it's January 31st there's a motion from Rob in the affirmative second and second from Eric any further discussion hearing none Eric yes Rob yes Jim yes Laura yes Alan yes Steve yes and I will vote Yes motion to approve the third we have a motion to approve the minutes of February the 7th we have a second Rob Eric so Rob and Eric any further discussion hearing none Eric yes yes Jim yes Laura yes Alan yes Steve yes and I will vote Yes okay so the minutes are approved and Brian thank you again for working through those I know it is a slow okay so continuing into the public hearing section of our agenda um I know I see I know I saw uh Mr Dunn on the call uh we have a special permit modification msp-2 and site plan modification for 018 South Worcester Street otherwise known as waiting River Estates this is continued from our June the 25th meeting uh so Mr Dunn I know that we uh received an updated plan set and there was some conversations with the wire department since our last session so I'll ask if you just want to give an overview of the changes and we'll dive in from there yes sir Mr chairman members of the planning board Brian done with NBL Land Development and permitting with offices at five Crystal Drive in south east on behalf of the owner and the applicant uh Joan and Scott stmo and uh you are correct uh We've um revised our plans and I can show them to you um briefly as after I discussed the changes and uh we submitted them to the peer review consultant who was hired through the Conservation Commission who reviewed our site plans and our storm water management system and was designed to we put forward and we've addressed all of those comments uh which uh uh We've addressed and um we've also been in contact with um Frank fonia of the water department we've made a few changes to the water line uh based on his comments and uh We've we've got very very minor kind of comments on angles of the water line going into each unit uh which can be um updated on the building permit block plans Andor uh the final set of plans prior to your uh issuance of any amended decision that you would be wanting to put forward after tonight so we're we're down to some very very minor comments in that's the water line issues the main water line issues that all all have been addressed is just a smaller line going into each uh in uh individually unit the triplex building so at the last meeting uh there was some comments in regards to uh from some of the members of the planning board that uh wanted us to add some visitor parking so we've added some visitor parking and I can show you where that is on the plan uh if I can share to share uh the the drawing you you should be able to share it Brian okay great thank you very much okay can everybody see this one here not yet yet okay it's taking a bit to work through the internet's coming there it goes okay so what we tried to do for Frank and this is in regards to the waterline he said he was having a difficult time trying to understand and see the plan it is at 4y scale it is a little busy so what we tried to do today is show the water lines in blue and the red text associated with the water lines so we've addressed the separation and we put some dimensions on actually they were there already uh on the plan Set uh we we continue to put them uh on the plan set so you can see the dimensions and so that we're in conformance with the minimum setback of 60 um to the the main water lines to the utilities his comment you can see my mouse right here his last comment this afternoon was that even though these water lines are serving the same unit he wants them to be at a minimum of 6 ft apart so that's a very very minor minor di Minimus change to the plan to address his his uh final cont comment we also um separated out the want to make sure I got the um the hydrant in the right location so if you remember uh during our first couple of meetings we had comments from the fire department and everybody can see this plan now yes okay so I'm pointing to the C act correct you can see my moue yep yes okay so originally we had the hydren over here with the water line coming all the way down fire department said they didn't want it down here and then we moved it to this location here Frank really didn't want it there he really wanted in the area of the CAC so we moved it over here he's okay with the location now we have an email to that effect that went to Paul is well well today and um distances from all the hydrants are are adequate have been addressed so with that you can see um these areas here on this utility plan this area here this area here and this area here we provided some additional visitor parking spaces and I just want to go to that plan so we can see the number of uh units uh spaces that we provided and just going to make sure cuz you're probably going to ask how many do that yeah you can see this plan now want to make sure yes we can thank you we have a three spaces here you can see that you can have uh pavement markings for visitor uh spaces three here three here and another five in this area here so um a total of 11 visitor spaces have been added to the plan at the planning board was request during our last meeting so Brian I'm sorry is it 15 or 11 so five and three is eight three more 11 11 last time I checked right 6 5 stop I say 15 was that was did you just did you change the number because what you submitted about a week ago was 15 spaces I thought uh no this is the plan we submitted right here okay let me the exact plan okay see more visitors spots down towards the bottom of the CL oh the sorry they're there there are down here as well that four I forgot about those sorry 15 yes okay 11 so 14 is it is 15 you're correct PA so I stand corrected so there are 15 spaces uh for visitor uh spaces and they spread out throughout the site as you can see there's not just one location and how many units total I'm sorry how many units total again we're 37 with the same amount of units as the original plan yeah I think that's we asked for I think 10 to 15 and you've delivered 15 so we have U each unit has two spaces of its own or or a third or how many cars can each unit hold it up so each each unit can have uh up to three spaces okay um plus a garage there's there's the garage and then there's somebody parking behind the garage and then somebody parking behind three spaces Plus Garage one car garage right three three spaces if you have three people in a row basically or two people in a row so not all three cars can't in the garage be three in a row plus one outside yeah so we tried to make uh you know parking not only for the residents but for the visitors so if I just heard that support three plus depends on how well people Park and we assume not well well three plus wets in the garage they' built everybody's a you know everybody Parks a different way uh the only thing we can do is we can put them on the plane we can build them but if people want to park where they want to park that's up to them so we can't you know we can't tell people how to park your car cuz sometimes you say Hey you parked the car wrong they look at you like you got 10 hits so I have been looked at like I have 10 heads more than once this week so okay so so to clarify that I did understand the answer of the question it's really a total of four spaces per unit three that are outdoors and one in the garage is that a correct statement okay thank [Music] you did we clear up the pending issues with the health agent on setic fire department can you just say what that person was saying sorry did we clear up the pending uh positions of the health agent on septic and the fire department okay we've addressed all of the issues with the fire department and then like we did last time after we received conservation and planning board approval we finalized our design and submitted it to the Board of Health for their review and appear riew so that is and that's what we discussed the last time I was uh on this meeting and we're planning on doing the same as soon as we get our planning board approval we currently have a Conservation Commission approval uh with that's pending to be released on August 12th and uh as soon as we have the understanding of a planning board approval we will finalize the septic system plan and get it over to the Board of Health to start that peer review process again and I'm sure that we will prevail and make sure all of the comments are addressed but you have no objection to a condition to that effect no whatsoever do we have doc do we have documentation from the fighton I just don't see anything usually we get an email or we get a memo of some sort there was uh in open gov from deputy chief robins and uh i' spoken as well so it is so they have signed off and in we have this documentation that is my understanding understanding as well L do you feel like it's ask an answer I don't think we should be approving things before the health agent no but if we would condition that was one of the conditions of approval through the chair that was one of the conditions of approval last time and we did what we said we were going to do and we got the the sign off from the Board of Health agent and the peer review consultant and this type of a sewer system design uh is a little bit more in line with some of the recommendations that originally came out from the bo of Health agent so we're got a mixture of uh re uh gravity flow sewer and pump systems instead of a lot of pump systems because of the way the the hoses were designed the last time so it it's normally a condition of approval um we we would like that the planning board to uh you know close the public hearing and issue the amended decision with some of these uh conditions that uh the water line issues are addressed by Mr forier and signed off by him as well as obtaining a uh Board of Health approval and perit from the Board of Health Mr chairman thank you um before I ask if there's any members of the public would' like to comment I'll go again to the board do we have any additional questions for Mr dun based on the plans themselves or the updates he's provided this evening okay um so I'll just ask if there's anybody in Zoom meeting who is looking to uh who is looking to ask a question or speak to this agenda item uh you can please use the reactions function in the zoom meeting and raise your virtual hand quote unquote uh I will be happy to call on you and answer any questions that I can if there are questions or comments which we would like the applicant to address I will ask that [Music] separately so at this point I will we Ramble On for 30 seconds to see if anybody needs to find the mute button or find the reactions button cuz even though Zoom is still uh ever more present it's never easy especially when you don't want it to be so we want to give everybody Apple time just in case there's a computer issue or yeah the something going on I'm trying thank you for the ramble assist yeah we can start bringing music post to these meetings no no the microphones would get we don't want no no no microphones it' be out okay so I think that's long enough um are there any final questions that we have for Mr Dunn is there anything that we would like clarification on prior to closing the public hearing [Music] going put a motion to uh close the public hearing second okay we have a motion and a second to close the public hearing again closing the public hearing means we will not accept any further comments from members of the public or the applicant after we complete this motion so is there any further discussion on the motion or second thoughts about doing so okay I'll go through the RO and Eric I will start with you yes BR yes Jim yes Laura yes Alan yes Steve yes and I will vote Yes so the public hearing is now closed we've discussed a couple of conditions related to this project um I'll ask the members of the board if they would like to make a motion regarding a decision related to the project this time or whether they would like to discuss that in in a future session condition we hav't put any conditions in she was asking yeah I've written down a condition of no I don't know if we talked about it or not no parking on the roadway that would seem to be in well no parking on the I'm not sure if we not sure if it's defined as a roadway but I understand what you're saying um can't remember what we discussed about it I wrote it down so it must have been important yeah no no it makes sense I'm just not sure if it's a roadway or a driveway this point so I assum it's be a private roadway and not a public roadway so makes sense yeah would they be able to also I don't know if it's in our ability with all these 15 spots that's got to be designated visitor only is there going to be it's marked as visitor right so that's going to be could that be contentious if people start just yes but that's for that's for the association to deal with yeah so um so that'll be their cams to yes as his my past homeowners association was uh very Vigilant about to the point where they purchased SAR parking spot not to have to deal with it so again the question is are we comfortable voting on this decision now or would we like to take this to a future session we've talked about conditions to water department and Board of Health and the roadway itself um and we also have all of our standard conditions we had something in there about the HOA having to maintain the drainage areas yes weize conditions before we vote on I I would say if there I would say we will have the opportunity to review the decision like we did with what we looked at this evening I would say if there are any conditions beyond what we've spoken about that you view as a potential deal breaker on your vote in favor then we should discuss we should have a specific discussion about those [Music] I'm good with the existing conditions a motion to approve the special perment modification msp-2 108 C with our standard conditions and the four conditions that we have talked about specifically signing off a water line with a water department for a health approval the HOA maintaining the drainage areas and we comfortable with that no parking yeah we can the specific wording we can look at but we know we all know what we're trying to say correct is that the the roadway travelway needs to not have a bunch of cars on it so a fire apparatus could actually get by so so moved yeah second okay we have a motion and a second of Allan and her uh is there any further discussion on the motion chair should just point out um there's actually two special permit boats needed um I guess you could well I know you like doing it one at a time but one is uh uh special permits for multif family and R40 zoning and then the special permit under the affordable housing bylaw and then do we need an additional one for site plan modification yeah um do we need a special condition about the affordable housing in the decision I would would just look at what we put in previously and carry it over okay there are conditions in there so I would just assume carry it over to here that nothing's changed in that regard and you did the last one right I did the first one there was one there was just an extension there was an extension okay so in theory you're working off your own work so it should be in good shape I don't know that I would say that but uh it's in the shape it's in kind of like me PA give yourself a little credit come on hey I was at the gym for an hour so my shape's not that bad so let's uh okay so we will and Al would you accept a motion to incorporate additional conditions from the original decision yes okay and your second still stand it does okay so that should close that off if I if there's anything else that we looked at with the original decision that we felt was worth F that we include uh we can include that as well so again this would be we have two special permits and then a site planine modification so special permit for multi family special permit for affordable housing want to go with we go with multi family first okay and is there any further discussion on that motion okay Eric yes Rob no Jim yes L yes Allen yes Steve yes and I will vote Yes we have a motion for affordable housing so moved with the same conditions th second have motion Allan and a second from Jim any further discussion on that motion [Music] heing none Eric yes Rob no Rob is a no uh Jim yes Laura yes alen yes Steve yes and I will vote Yes I make a motion to approve the site plan modification second okay a motion and a second to approve the site plan modification any further discussion okay Eric yes no Jim yes laa yes Alan yes Steve yes and I will vote Yes okay so again we'll work to finalize that decision and we'll have an opport that and we'll be posted thank you Mr dun and everybody else who participated in this discussion great thank you so much uh Mr chairman members of the planning board and uh look forward to Paul issuing the decision appreciate your help and your your work on this project thank you so much next that on our agenda sorry to keep leading gentlemen uh we have a site plan spr-5 and special permit sp-9 this is for 299 South Washington Street we Adventure Properties out the sea and uh rich riio is the applicant I apologize if I butchered a pronunciation we the best places to set this up over next to the podium maybe rich I can put this online too okay I just have a aial that's not on the [Music] board and Rich sure you uh the material you sent today want I have that on boards yeah I'll just follow what you have yeah it's just the presentation plan maybe like this so it can see out to the room well we can't see it CU that over here I would I would go with your best option and just pick a Lane and go for over here we all have a line of sight to it right here but now the camera can't see it just going Tock over I think this might be the best place thank you Peter thank you sir thank you so much here we go and Rich I will just say that I don't believe that I would I won't speak for all the members but I'll say that we may not have all had the opportunity to vote review the full packet that was sent this afternoon so but I understand you're going to walk through present yeah it was very uh minor changes from what was originally [Music] submitted so I'm rich richio from field engineering on behalf of Adventure Properties they're the owner of this property located at 299 South Washington Street um this is a vacant piece of land located adjacent to the Norton Commerce Center and um the city of Taunton the the Town Line with the city of Taunton just I just wanted to present the the aerial very briefly so you can see basically where we're talking it's this lot here 495 here this is the old holiday in uh Pepsi building here and this is the noton Commerce Way it's right after you take that funky left funky turn by the hotel correct correct directly across from the proposed storage place right yes yes so I will put this board here it's also on the screen there this is a uh 5 acre bacon parcel land the applicant is proposing to construct a 53,000 ft Warehouse with approximately 7,000 ft of associated office space um they have a a ready to purchase the property it's a um high-end HVAC contractor that's going to purchase and construct the property um use the warehouse space uh to to store their equipment and supplies um we're proposing uh providing 59 parking spaces on the parcel including seven EV spaces and three handicap spaces based on the square footages of the building where uh zoning requires 52 spaces um we're providing 59 we are uh providing uh nine loading docks on the property um there's seven behind the building and there's two in the front portion of the building that is a a change that's come up as we've been developing the building plans uh we wanted to screen the visibility of any docks from South Washington Street and the owners really only needed two two docks in the front and that's basically just to give them flexibility in case they wanted to ever um lease out a portion of the building but they are planning on buying and and and building this entire uh facility um utilities on the site uh the sewer is um the they there's an existing sewerman along the S portion of the lot it flows um Westerly to an existing pump station that serves the nor nor Commerce Center they have an use agreement with the with the owners of the noron Commerce Center to tie into that sewer which goes to the city of tarton um the water will be uh within South Washington Street um extend there's a current um vac uh not vacant uh abandoned water line within South Washington Street which was installed as part of the desalinization plan back a number of years ago um we met with the water and sewer Commissioners last year about um being able to use that infrastructure and bringing it up to to current standards and um they agreed that that would be the best approach and if that didn't work we would have to extend the water down South Washington from um I believe it's 280 280 South Washington um but that that's the approach we have with them and they're in agreement I believe is uh email correspondence from them as well on that storm water management will be Ser will be uh completely treated on site via four subsurface storm water um recharge systems all the roof drains will flow through those systems which have been sized to retain and infiltrate up through the 100ds storm um all the impervious pavement will flow through storm scepters to get the um uh adequate uh TSS removal prior to discharge to the to the recharge systems the um the foot print the building the storm water management has all been reviewed by Conservation Commission we do have an order of conditions from them the storm water was PE reviewed by their consultant and um I believe that's all been posted on the site and for available for the for the board's uh review for uh Lighting on the site will U will be wall packs on the building to to uh illuminate the parking areas there's no proposed uh light poles um they'll all be uh night sky compliant down down shielded lights to minimize any spill over to the adjacent properties um the only adjacent properties is the industrial building to the west and then there's a the pond area to the to the east uh sorry to the north the pond to the north um that separates this site from the uh from the Norton Commerce Center um we also have an extensive Landscaping plan which we have prepared um have it on here too and I think you have that in [Music] the St so the the Landscaping was proposed to to meet the requirements of the bylaw with the with the number of plantings along the frontage of the site um based on the the um amount of landscape uh front landscape buffer was 18 trees are required were proposing 18 trees along the frontage and a total of 38 trees on the site uh also number of shrubs uh 84 shrubs is required we're proposing 93 shrubs along the frontage and 175 shrubs around the site the potential or the buyers of this property are very interested in developing a very well uh uh very aesthetically pleasing site for this for this location um we've done a lot of uh back and forth with them on the building uh colors and facades um I did have I do have a a preliminary rendering here as well just showing it's a blue uh insulated metal piano with um with some uh Stone facades around the windows and the entrances um the colors may change slightly from what's on here and the print didn't actually doesn't really represent it greatly but it's it's the intent is to have a very a very shop looking building um we do have uh correspondence so we did review this site plan with the fire department um provided the necessary hydrants on site uh locations of the sprinkler rooms I believe and we also prepared a truck turning plan which has been submitted um and they were satisfactory to them uh like we mentioned the water and sewer uh uh requirements which we we have complied with and the conservation and Order conditions which we have um just me think if there's in the we're we're here for a special permit because the building is over 10,000 ft and we have over 25 parking spaces and we also need a site plan review the the uses and allow use in the industrial district and um I would love to take any questions from the board and then that concludes what I I've got to say for my presentation u i see you mentioned um the fire department looked at it Paul just in open go they haven't checked the approved box just says in Congress it might be the site plan but he has commented on this um I know when I've spoken it's in the site plan then yeah we we need to try to figure out how to combine these on an app on application cuz it's being duplicated as a so there we go yes it is it does show completed on the site plan perfect and one that is in progress on the site plan is water and sewer um and we had correspondents on that already yes um and that would probably be a a condition that we would look at if if this was something that we would approve and I assume that you're fine with the conditions that you've already said you want to do so right we we we spend a lot of you know we went to the Commissioners and discussed this last year to make sure this was even a viable option to to to use what's in the ground already and they were because it'll also provide water to the lot across the street and it'll be a it'll be a win for the for the time to extend that water down to the s to the Town Line Paul did you have any I know we we had your memo Rel to the project is there anything specific um that you wanted to have the board Ure we addressed no I looked at this and and had just very minor minor comments uh I think it's the whole we think this is a good use for the site it's an industrial use in an industrial area and and uh scale of it the design it looks it looks good [Music] okay any additional questions from members of the board related to had a chance to look at the summary of the Landscaping but can we just make sure we have completely deer resistant yes thank you yeah I prop for the for the Evergreens I'm proposing uh we and Cyprus and um there's some uh white fur and some white pines as well but no I stay away from the aid I I I've done a lot of solar screening over the years and I know the deer like that yes thank you and and we are aware that deer resistant is an a relative term the deer will eat almost anything if they're hungry you additional questions for the applicant this time they walk through the relief that they're asking for and that they they got order conditions for conservation the storm water has been reviewed um it's just uh again for storage they're just storing hbac like machines here accessories equipment correct yeah it would just be uh um they do installations of HVAC on uh large buildings commercial buildings and um large multif family um buildings and this would be their home base they currently uh have two other locations and they would like to um bring their their their home facility to this location so the storage is just bringing in staging equipment inside staging it for upcoming jobs correct it's all within the building there's no outdoor storage being proposed yeah no I wasn't talking about that yeah I do the um the owners of its a um all renewable energy are on the uh are on the zoom call if you have any direct questions for them but we've worked closely with them on the um on the architectural stuff and and the layout to make sure we address their concerns and their needs so they can get this thing going as as soon as they can okay again I'll ask the board additional questions for Mr richill or for um the owners of the property otherwise I will see if there's anybody um looking to make comments from members of the public on the meeting okay and I'll now go into my ramble just to make sure that if there's anybody who's joined the zoom call or is here in person who would like to speak related to this project uh please use the reactions function in the zoom meeting to raise your virtual hand uh and we'll do our best to recognize you and answer any questions that you do have about the project not seeing any action happening in the zoom meeting or here in person uh so I'll just ramble again to myself for another couple of seconds just to make sure um instruments again yeah no it does call for some accompanyment maybe but we haven't got there yet um so in the absence of additional comments or questions um I'll go to the board again if we if there are any additional questions that we want to ask at this time A and B if we feel comfortable closing the public hearing at this time or whether we feel we want additional time to riew before we do so I'm good with closing the public we should all do any may want to make a motion I like conservation make a motion we close the public hearing we have a motion to close the public hearing we have a second second okay motion was from Rob second was from Laura uh and before we proceed with this Mr Richie I'll ask you if there's anything that you would like to add prior to Us closing The Bu The Care um no I believe no I think I've said everything I need to say okay so I'll go through the numbers for a vote here Eric yes yes Rob yes Jim yes Laura yes alen yes Steve yes and I will vote Yes so the public hearing is now closed are we prepared to make any additional motions at this time prepared to make a motion that we V on motion to approve special permit number nine with standard conditions and an additional condition of sign off on the water to a commission for the water line second okay motion laa second from Rob with standard conditions and the additional condition for the water line um Paul prior to his voting on that with there additional waivers that we needed to include in this um I was looking back at my notes and I thought I had put it in open G but I don't see it there for some reason but I think just a small just waiver on the scale for both the Locust plan and the uh and the and the plans themselves okay did you need a fire department box check they did check there's two places to check and they check one of good good you got it um okay so Laura and Rob I'm assuming your motion and second stand with the wait waiter for the scale of the maps yes okay any additional comments prior to or discussion on the motion to approve with conditions okay Eric yes yes Rob yes Jim yes Laura yes Alan yes Steve yes and I will vote Yes as well so we will work to finalize the formal decision and Paul and Brian will get that to you site motion to approve site plan review spr5 with standard conditions uh special condition for water sewer approval of the water line and a waiver of the scale on the plants Laur and Eric this time any further discussion okay Eric yes yes Rob yes Jim yes Laura yes alen yes Steve yes and I will vote yes thank you for making sure I can get ahead of myself okay thank you very much everyone thank you we're looking forward to this project going forward bring something back anytime don't say that don't back for something we don't like we'll be back should I okay so that concludes the public hearing section of our agenda this evening uh we do still have a couple of other items to discuss um we have an additional um condition review for 360 South wer Street correct yes so again that was uh shared by Paul have to at this point Thank you rob me also and thank you Alan um so for the rest of the members um this was obviously a hearing that had a lot of discussion so I I think it makes sense probably to go through all of the specific conditions that we've added to this um PA did you want to highlight specific items sure I'll just scroll down to and I wrote quite a bit about the the public hearings particularly because of all the the public testimony and and the board had a lot of questions too so I just wanted to make sure we could capture that you know accurately um but then a lot of these become conditions themselves so um we have our standard conditions I I won't go through those and then prior to construction I do want to point out construction our typical uh condition there is construction will be permitted between between the hours of 7 to 5 Monday through Saturday and with approval from The Building Commissioner the hours maybe be buried uh don't allow don't have construction on Sundays or holidays unless the uh Building Commissioner is given approval so that's just for construction um prior to final occupancy this is where we would have um more um just trying to find ah um so condition number nine on page five trucks exiting the site must turn left onto South Worcester then turn left onto Eddy Street then onto Route 140 the the site plan already has no right turns for truck signs uh placed at both driveways so we're reflecting that so the goal is to get them to the shortest distance possible to 140 and help minimize traffic there and then post occupancy uh do want to make sure we're okay with this on uh number four hours of operation we typically say between 7:00 a.m. to dusk or 7:00 p.m. whichever it's early or Monday through Friday and Saturday and Sunday 8:00 a.m. to 4:00 p.m. though keep in mind the applicant did say they didn't want restrictions on the weekend which I think this is still fine um but I know obviously the residents had concerns about traffic but uh I think they my recollection is they said they don't generally do anything on the weekends right and then and it was uh well maybe sometimes right so and right exactly but and they said we would still like the opportunity to have or the flexibility to work on the weekend so I think what we have there beats that but I just wanted to bring it to your attention and then um I I've just made a note here for backup alarms uh remember we discussed it and they did say that they are typically operating within normal hours of operation um I don't know in other uh situations we have said because they're coming in later that they would back up in the evening and then drive out in the morning so that way the backup alarms weren't a problem because they were leaving in the morning at 6:00 a.m. 5:00 a.m. here it's an 8:00 a.m. operation so I don't know that it's needed but I wanted to bring that to your attention and that is which condition just I didn't write it up I I just made it as a note cuz I didn't think it was really necessary here but I didn't want to ignore it either so the question is whether we want to add a specific condition asking trucks that trucks on the site minimize the minimize the use of backup alarms in the morning hours minimize the noise p for no ordinance we don't have the town and and condition seven that you have on screen says there should be no truck idling outdoor Refrigeration units or Refrigeration trucks located on the subject C would that be an ocean concern if we're trying to limit the backups like there was a what we' be doing is saying back in in the night at night so when you leave in the morning you're just going straight out that's the so it's kind kind of getting into a little bit of micromanagement that I wonder if we could really enforce I think it only makes sense though that if they're coming in that night that if the truck is in there they're going to back it into the loading dock to get the storage stuff anyway depends on when the truck shows up if the truck shows up in the morning to get the you know yeah stuff from the storage facility then I think they're going to be backing up so there's a question whether you want to add this addition I think it's kind of very tough to [Music] enforce we do or do not we do not okay okay and then the other items I kind of skipped ahead on one of them yeah but trim vegetation the site triangles obviously vehicle traffic was something we talked about a lot right um no truck out of refrigeration and no storage of hazardous materials inside and outside right that was of course an issue but they committed that they do not have hazardous materials course they're removing company so they shouldn't and right we have uh to mention the uh we want to make sure that the sight lines are clear so we put a condition in there for no snow or snow pile up or or and we moving trimming vegetation to make sure that the site triangle is clear any of the special conditions or is that summarize it uh those are all of the you know the ones unique for this site uh there's of course many more conditions here uh which are you know standard for pretty much anything of this nature the hours of operation and the refrigeration one I think were the ones that were important to highlight because a it speaks to to the the Butter's concern with the other properties about trucks operating late at night and idling late at night A and B that Havey do Refrigeration units running again at all hours and creating additional noise pollution if we could make South Worster 10 ft wider that would be a whole separate discussion but we can't do that is there anything else that we wanted to review with is part of this [Music] decision and Paul do you have a box for a v like you did forigo uh I don't but uh I should add one okay so is there anything further or are we looking for a motion to accept the form of the decision so mooved second okay we have motion and second is there any further discussion okay Eric yes Jim yes Laura yes Steve yes and I will vote Yes um we had two recused extensions so that is that so the final item on our agenda Paul was a discussion about uh the pdas and vacant land um did you want to pull that up and present and just give an overview of this looks pretty what is it for right okay let me uh let me get a few things up here um yeah this won't take long but this is something this the state does roughly every 10 years or so which is to identify those areas of town which are PRI what they call Priority areas where we would like to see development and priority areas where we would like to see areas preserved and um this has primarily been put together by serpent which is our regional planning agency and um and I see the South Coast rail logo on it is it tied to that project it it is it it orig inated out of South Coast rail my my assumption is this had to probably do with in the early days of South Coast rail where they were looking at potential sites for for uh T stations which of course nothing came here so um so I'm going to go back and forth between a couple of slides but uh not too not too complicated but again um we're just here briefly to go over you know what the priorities areas are and how they help our community and then uh to show the updated 2024 but we also just want to hear what comments any changes that you have for it and then once this is done you don't you don't need to vote you can if you want to but then I'll get this back to serid and they will comp put this in their composite report and does this go to any other Town boards committees Etc or just us just you okay so again uh priority Development Area is an area where we would like to see additional growth and it's an area where we have U sufficient infrastructure to support that growth and where we should be directing future infrastructure um but just be mindful this is not zoning this doesn't change all of that but that can affect what we do in fact when we start talking about the MTA zoning that's actually one of the priority of development areas um this is also it's also important too because we will use this we've used this before when we've written for Grant written grants we identify it um and the priority protection area as the name indicates um it's there to identify those important resources that we have um I'm not as familiar with this uh I uh you know unfortunately I didn't get a chance to go over this with with John our conservation agent but we're also looking at in addition natural resources cultural and historical resources that get identified on here recreational areas as well um all right it's all driven by data we don't want to go we don't need to go through all that but this has evolved over time um it started in 2008 but then was refined in 2013 again they're using new data new GIS mapping but they also work with the community to help refine and continue to refine the as they are right now um so the benefits of a PDA um of the development priority Development Area is it help again when we were producing the master plan for example we used priority development areas and priority preservation areas to identify in the master plan what we should do with those sites um these do help us when we write grants in fact uh someday soon I hope we can replace the north adbo success story with of our own um because the for example the grant for reeden Barton the the mass Works grant for three and a half million reeden Barton is a priority Development Area and we identified that we've identified that in every Grant we've received from that site and that that makes a difference um and and in fact Norton is a success story on the priority preservation area um we've used it to update the open space and recreational plan um we we put um you know roughly 150 acres have been permanently prot protected and you'll see between 2013 and 2024 some of these sites have come off and that's a good thing because that means the sites now are protected they're not targeted for it they've now been protected so um so project timeline um I when I was working in Fair Haven was when they were in step two which was in when they were meeting with with the local planners I'm assuming they did that here I'm sure John was involved with this um I'm not sure Brian do you know who they might have met with here I will I will say I do not recall a conversation about this last year okay and then um when I first started they asked me to review it um realized there are some changes we still need to make minor changes but um we're at that point now we're they're asking public boards to to weigh in on it and then it'll go for into the regional process where they will identify all of the uh Regional development and preservation areas so couple updates few updates um again I want to say there's a couple of things on here that I should have flagged a while back when they presented it to me it's mostly names of what they call it uh like where what they called Meadow Brook is is not anywhere near Meadowbrook no and so I've already told them to flag that and then other things like um they still listed uh Cisco Redevelopment I'm like we can't use Cisco Cisco is not there and anymore and we know that's a you know that's a um you know that's an issue with the neighborhood so just ask them to rename that to something like the southwester area but they've created um this Meadow Brook is actually I'm going to start switching back to a the the digital map and I'll show you this how did they come by their data again I'm sorry how did they come by their data again well they you they're using uh geographic information systems um just looking at maps and things maps and probably updated permits and probably whatever we gave them 10 years ago too yeah yeah no I just notic that the the absolete canot stuct me well I I'll talk through this first but they're they've added some new areas for uh priority development and combined areas which are areas that they're were both trying to preserve environmentally sensitive areas which you guys see on a regular basis right and promoting development so metal Brook is actually up where U zero Reservoir is so we're asking them to change that to something like mansfi Avenue um there's also now a new uh East main commercial District um which is primarily around uh around U the the rail trail there are some minor changes to boundaries um they've identified some changes to like dag at Crandle from protection to combined because dag at crle has been talking about developing those sites although it's along the canoe River there's a lot of environmentally sensitive areas but they know that they want to do some development there um they've also made made some changes up at 123 and 495 to account for the do property that was rezoned a few years ago uh barrowsville which is of course U right around where Twee is I was going to say is that twe yeah that's twe but it's not really senior housing again Twee is there's a there's a nonprofit that's been looking to go in there something that's not a fire hazard let's hope May that's right we had a fire a few years ago and then there are some priority prote areas that they've identified they've updated the boundaries of U the canoe River hamak area they've updated boundaries to the reservoir recreational access in Rumford River they've created the new wonet Pond access then Charlie Pond access and again they removed three areas that were from 2013 because they were they were purchased so that's that's success so um let me just switch over to their interactive map quick question what you said there about Main Street from the railroad crossing do you mean like the stretch from the railroad crossing out to the highway developing V commercial yeah I'll me show you hopefully I got that right but [Music] um so this is from I just need to see it from so this is the map and this is all publicly available so like for Temple is development green is protection and then orange is that mixed use category so so for example development and protected at the same time yeah develop it friendly right so this is from 2013 so this is this is bit older I need to move this no and I we have to tap a lot of meeting time that was just if the answer is yes we were talking about from the hump out to the highway developing as commer yeah i' rather just take that away at no item let deeply right now yeah and I'll I'll show you that so I I can picture it I can save you the time but yeah they've added sorry mine's a little slow and of course it put it think the arrows that should disappear there you go um so this is U well I take this down here so like up top if you see where Arrow scrolling um that this is you know the the mix use here this is blue star but oh wait no it it's sorry I'm not reading this correctly I see it yeah yeah that's $ 495 blar that's blue star that's blue star and this is the do property but this this is weird that should have switched over it should have switched oops sorry about that I was doing I actually know the area enough the based on your description it did not switch over that's why it's not it didn't switch to 2024 so here's 2024 now and so you're hiding 2024 right no that's that's 2024 so we have oh you know what well it is the area um so if you see where my the arrows scrolling yeah you'll see that this is the uh the um that east east main commercial area and then some of the others uh we were talking about like this here that they called metal Brook as you can see it's that's that's that whole area between East res zero Reservoir and even a portion of zero Mansfield this is the triangle triangle that's the triangle right know what it is yeah so this this is the interactive map that there's still they they're still updating um I need to go back and just check the names to make sure that we have accurate names and we don't want anything that people might view as inflammatory um but it's I'm sorry yeah but you know people up here probably don't want it called Meadow Brook when it's Meadow Brook's few miles away that would would be misleading I agree with that yeah yeah so um are there any do you all have any questions or do is there something you would like to see different here or I'm going to actually want to take more time to absorb it and you don't you know if you needed to look at this and I realized I don't think we gave you the uh this interactive map I'm probably going to want to look this over and then I I'll let you know what my questions are okay so is there a specific timeline that surfit is looking for feedback no I mean if we there is but there is but it's not I'll be fairly prompt yeah but if we wanted to say put a reminder put it on our I'm just going to say our second August meeting just as a follow-up discussion is there anything else we want to ask is that fair does that work for you Paul absolutely second Aug well then 1 August is next week oh the second week in August I the second August I thought you met on the 2nd of August I was like oh come on no is the the first August meeting is next week so the second August meeting August 1st is this week like a second that's why I was jumping yes no so you're asking for by August 20th yes and obviously if we have questions or comments and everybody knows how to email PA so okay any additional questions things we can answer at this time um I think that concludes the items listed in our posted agenda before we hear any other motions I just wanted to um just do a preview of our next um our next meeting call I know previously I had given you I think Brian and Allen a heads up that I may not be able to be at our next session uh looks like that is still in play unfortunately um so I may be able to attend but I wouldn't necessarily count on me to run the meeting since I would be leaving a uh distributor conference when we did the nominations didn't we already pick up person we did I just okay formalizing okay making sure we know what's happening next meeting and that can't count on me to do anything about it I'm also I travel to Colorado on Friday I'll be going through Friday to Friday so I can't commit to being a time difference I don't want commit to being I will be in Phoenix so I would be happy to be in Colorado the temperature the the low temperature is projected to be 91 oh my gosh triple at midnight it's under at midnight yes the daytime temperature is around 120 it's a dry heat though 1993 128° yes think going be a personal record I'll just say that what's on the agenda the dry the BTA communities that's it um yeah uh nothing here got continued and uh we have another item that just came in but it won't be here until the uh August little the August okay yeah so just yeah so right now the only thing we have scheduled for next week is well it's a important one most of you have been involved with it is the NBTA communities so if you haven't already look at the draft uh I give you the materials make comments get them anything you want to me and I'll get them uh over back to serin and we'll be looking at that and that meeting um that's we start of finalizing the language to get it on the town warrant and then it'll come back of course in a month or so for the public hearing yeah so with the communities bylaw it's something that state says we need to have done by the end of the year so it'll be on Fall town meeting and there'll be a separate public Outreach session that serad is going to work on to right um make sure that people have an opportunity to speak to it prior to town meeting whether they take advantage of that opportunity is another [Music] story Tim wins the next meeting the next planning board meeting is a week from tonight next Tuesday August 6th okay plan be there so that material also is to mention it'll it'll it'll be the draft language and also the Outreach plan so please make review it get your comments ready and and uh go forward if there are people you think you want to give a make sure are on the Outreach list that aren't almost already put them on there I want none of those people to get up in town meeting and say I wasn't informed about I'm sure I'll just put on neighbors anybody want to be a this Outreach list we don't need to do that okay we will post the public Outreach L okay yeah a public Outreach session will definitely be posted on local social media who you find out who's the posted to outreach list of all kinds of things yeah that's okay okay I've already seen discussion neighbors they going to be here or the library uh next week actually yeah pay most of it h recommend by Zoom it's just the thing it's scheduled for here but if you if you guys wanted to do a zoom we could that's my recommendation I'll leave that to to the vice [Music] easier for everybody to zo just that one thing that's good it's easier for Paul that should always be your criteria what's that that's true it was true but it's been it's been resolved is there anything else anybody want to discuss in tonight's Open Session do we want to set future meeting dates do we have sep 3 September we do have a town meeting date now 254 so it probably makes sense to do for the end of the year wear that would be great does everybody feel comfortable through the end of the year yes okay so we have September and October time meeting is what the 21st yes um that's our last meeting scheduled is the 24th so September yeah 24th of September I will be out of state the week of the 7th I am out of the country for a very good portion of the F I'm back just in time for town meeting but so you odds are should probably miss one meeting I will yeah I mean unless we make it the first and 29th yeah yeah and since we're meeting on the 24th that probably doesn't think so and those September meetings are both where we're planning to bring back the NBTA communities and then whatever else comes for Town Mee for town meeting so do we want to say the 15th and 29th of October I just made it up so 645 still comfortable I thought we were going to discuss that September case I've got footb practice in the fall [Music] 645 cuz I know we were going to talk about that at the end of the summer because of J schedule okay so are we saying 7:58 is back I can I'll be in on two wheels we we start practice at 5:30 usually goes to 7:30 I cut out of there and have assistance take over so I can be here in 7 it's going to be it's like that's September October November basically uh November not so much but SE August September October are going to be issues okay are there any lights of the week they are better for you try no it's we have nightly practice and then if it's not practice okay so so so any objections to going back to 7:15 of the sleep schedule no starting at the next session um the 15th we may have already noticed something 7 or should we just move at the 7:30 at that point was 15 minutes no no we didn't it so we could we could start it with the next with next session since none of them have been noticed or advertised so next week 7 um I'll try really hard to be on Zoom because August 15th I'm going to be at a football camp wait uh so um the 6th we're looking at 7:15 objections and this will be a hybrid I mean a virtual virtual yes and then our next session is the 20th is the 20th oh it's going to be a long [Music] day set my work calendar up uh so the 20th same thing and then we have September dates we already set we just talked about October so if we're on 15th and 29th of October the November 12th no I would say fth fifth is election uh 12th and the 19th assuming that nobody wants to meet right before Thanksgiving Thanksgiving is that day it is Thanksgiving is the 28th so sorry what the O October meetings were the 15th and 29th 15th and 29th cuz we have September the 24th there's no objection to tip suggestion yeah i' be an election day because once I voted I don't want to hear the rest of it anyway so what we're saying 12th 19th for November this Thanksgiving week is [Music] bad5 no so the 12th 12th and 19th okay back to backs there's a strong likelihood I have a they usually do the meetings on Tuesdays for the post season League stuff there's a possibility [Music] no and [Music] then and then I'll say December 3rd and 17th that's and that and that avoids the 24th and 31st sometimes it's easy we can go back to5 yes okay I'm sorry so December was the third and 17 3rd and 17th 6 645 645 and we'll see depending on how sometimes in December we do have a low so sometimes don't I said sometimes Christmas we were here midnight yep little B so that takes us through the end of the year and I think that we're done happy New Year thank you that helps thank you okay that everything is there anything else anything we would like to say in the open [Music] session second motion from Alan a second from Rob to adjourn all in favor say I I allst exensions thank you very much everybody have a good evening Peter I'll have to bring you back something from Colorado