e e hi Carrie hello hey uh by any chance have you uh been in touch uh with uh Jones or any of his uh agents or whatever no I have not okay well neither have I so um um I think at one point he did stop by in the office because I think I accidentally emailed him instead of the other applicant with the other anr um I did inform him that the planning board was going to go over it at the next meeting that was like kind of early yeah so I I did inform him at one point it was informal without like an actual date and time but yeah you know I uh that's fine you know it's so I think this is pretty straightforward um I will be sending out minutes tomorrow I do apologize um I uh I had up to like I think halfway up to February and then I don't know what happened but my computer deleted January and all of what I had done for February so I got really frustrated and I kind of backtracked or I kind of put it off to the side because I got annoyed and I going through January now so tomorrow in the office I'm GNA finish up January and send out what I have and continue from there just to get the ball rolling yeah that's uh it's all good you know um uh yeah it's uh I didn't get them on the agenda anyway yeah I saw that but I thought at least give you an update on where I am and I'm not just shoving them away or not doing them yeah hello hello Michael long time no see long time no see I should probably just throw this you up the same re a few hours ago so do you you look you look like a cool dad I'm glad you remember that just wait till they're teenagers you're gonna remember my words you know I uh I actually think about that a lot of time man I try and you know I want I want to like temper my expectations or lack thereof you know they will be tempered for you yeah yeah um did everyone get to see the eclipse today yeah that's where I saw Nathan we were up at the common oh how about you yeah I was at work and one of my friends had a the glasses so luckily I think everyone was either eating or outside looking at it so we snuck away and got to look at it I did get a cool picture on my phone I was kind of surprised that I was even get anything on my phone what did you like just hold it out in the sky and take a picture oh I had the the lens like over or I had the glasses over the lens of my camera and then I oh interesting huh there was doing that at the town to yeah I can't believe there was so weird that we had an eclipse today and it was like you know so close to a total eclipse but just not quite so I was like it got cold and oh that's cool yeah hold on oh it won't I don't know if it's GNA Focus or not it looks a lot better in person but yeah I gotta yeah it better in person I saw I saw a picture from uh Burlington Vermont yeah they had the whole totality I think yeah they had a 360 degree Sunset really oh that's cool yeah that sounds really cool and it was and I saw another picture it was really dark like it never got dark here I was I was disappointed I wanted more dark yeah it looked weird out like it definitely got like dim and I was like it's weird but yeah nothing like super duper crazy yeah do you guys I don't where were you guys during the tornado that hit like 10 years ago tornado yeah you know that went through Springfield oh so I live in Westfield so Springfield's about like 20 minutes for me not even it went past I mean I know it hit it kept on going through mson but it came from like somewhere near Westfield I think if it was 10 years ago I was also 14 yeah I don't think I was paying paying too much attention unfortunately well the reason I asked is I was working in Springfield and I was driving towards 9 and the whole Sky turned green just like they say it does it was really really eerie and then I watched things spinning actually now that you say that I believe my aunt was also on the highway relatively close to where it touched because she worked at mass mutal at the time before moving down south yeah I mean it hit like a little after five I think it was and I remember I I pulled into the Starbucks or I get on the highway because I was about to get on the onramp and there was stuff swirling in the air above 91 it was really so natural disasters are both terrifying but so cool to witness at the same time so Deacon you're here that's so cool oh yes I I H I was sick for a while oh I got the flu it was um it was really unpleasant how long did you have it for uh I don't know maybe five days um well I had your better yeah it was weird I couldn't eat I I I had dry heaves a whole lot oh no it was really it was it was and then I yeah I'll try not to do that again I gotta say I'm really glad we're recording this for posterity so everybody will know well everybody gets sick man [Music] yeah Tom how are you Robert how are you how's it going hope all all of you are doing well doing all right Robert that was like a very scarly backdrop lots of books and stuff going on my wife Sharon says Robert you don't read those books why don't you donate them but to make an impression well thank you all right um well it's 7 o'clock I guess I'll uh call the meeting of the shsb planning board to order um note that the meeting is being recorded and note that we have uh Michael Deacon Robert myself president as well as uh our L news Clerk and uh Tom or a new associate member is there anyone that would like to give public comment okay um in that case uh first order of business or you know next order of business will be the uh the anr for uh 64 Lake Drive um now sometime ago Carrie sent out an email that had uh all this stuff in electronic form and uh so there's that and you know we can uh get it up on the screen if needed has anyone had a chance to look at this say I might have looked at it originally but I don't remember it okay I'm getting it now okay I can screen share if you'd like that'd be great that would be great be great me find where Zoom is okay I have too many things pulled up on here okay hopefully we're all looking at the same thing did everyone see it I'm just kind of should I zoom in at all anywhere um if anyone needs uh to zoom in on it please uh just speak up could you zoom in a bit please yes thank you all of it the Nathan what is he doing um it says that it's just to uh remove the interior lot lines so I think that's uh that's it what what is accomplished what is accomplished by removing the interial lot lines it could be that uh by by doing that uh he may be interested in doing something to his house and if uh he's got the lot lines where they are then it could be a uh an issue with um non-conformity or uh you know setback rules I suppose although I can't speak for for him um there's no uh as far as anrs go it's kind of like you know you submit the plan and uh it doesn't really provide any uh it seems like at some point there was other another parcel I mean not to guess but it seems like those interior L lines probably came because that was the original parcel and then there's other Parcels but they're they were never confined did you know any of the um purchase history or is it okay if I contribute yeah yeah you're you know um so looking at the screen now the bottom two lots are Zed together as ZB 47 and 48 and the top lot was a different owner until 2020 and it's lot 117 um B 117 so the owner the applicant wants to combine all of these into one piece but it likely will still remain three separate Parcels each with a ZB number have you ever heard of Z Lots no zots are when Parcels are contiguous Parcels are put together and they end up receiving one tax bill that's one consequence of it but the individual Parcels don't go away so the the boundary lines still will exist but they will be considered one kind of grand parcel I don't know the right word for it um the property I live on is comprised of four Parcels but they receive one tax bill because they've been Zed together so if any of you has a z in front of your um your lot or parcel numbers that's why it's because you have one person so that's what I stat is going on you you learn something new uh every day don't you that was really helpful Tom thank you yeah we we picked a good associate member who actually knows stuff um the applicant does have applications in front of a different board is that something I'm allowed to mention or should mention if it's relevant like in well I mean it's it's probably not relevant but that doesn't but that might give answer although they're not here to confirm themselves as to why this is important but as I understand it the um applications in front of the Conservation Commission um probably are relevant to this being one um I believe he already received his permit though correct yeah so I don't know um if there this might be related more to the other anr because the other anr is directly north of this property and I believe the other anr was because he bought property from um this property owner was the other one was that the one we approved the last Mee Randall Smith it's I don't know you can see my cursor it's right here okay yeah lot 117 was previously owned by Randall Smith until 2020 okay um yeah and then uh you know basically um you know the long and the short of it is that if uh you know if we get an application for these you know either you know you know the the the evaluation is whether or not the plan shows a subdivision um and you know I think if you know even if it doesn't show a subdivision if it uh if it created a a zoning violation then then we might be able to reject it but other than that um you know I think it would be uh you know we would we would endorse it um it seems relatively straightforward I think so you know I just uh yeah I mean it seems straightforward I I do sometimes get a little bit uh you know nervous that there could be something you know you know we're missing or whatnot but it's uh I don't know I think it's uh you know just combining several Lots I it seems uh that's a good uh background on there um and there the the Locust map here and the other patriarch and then it's got the deed Revenant uh yeah so one of them goes back to 2012 and this other one was more recently in 2020 from yeah Randall and Elizabeth Smith um all right if uh this so I I would entertain a motion to approve the uh anr we have before us so moved uh Robert was that a second if it was you're muted are you nodding your head yes okay um and uh any any discussion deacon do you have any uh no looks okay to you are you you're muted deacon one more time Deacon there you go all we're doing is dropping interior lines I don't I don't think we we say anything okay uh all right then uh I will call the role um DEA hi um boner hi Raymond hi and I'm an I so plany board will endorse this plan I'll uh um so that's that uh Carrie will you uh let the applicant know that uh we approve the anr and that I will be able to come into town hall and uh endorse it on behalf of the board on Thursday okay um I we say by noon and the after that it will be available for them to uh to take uh their copies and uh and uh cause it to be uh recorded with the uh registry of deeds I will do that on Tuesday when I go in okay outstanding um do you have an an IAL link pin Nathan you know I I don't uh and the last time I went I probably I signed up with something else I do have uh archival pens though that you can use I didn't even think of that when um you only need the archival for the for the myar okay oh well the other applicant for the other anr has not picked it up so if you'd like to resign the myar with the archival pen that'll be fine okay you that's an there that's an interesting thing that you can uh you can get a plan endorsed and I don't think there's any you know there's no uh you know the applicant has no necessity to actually submit it to the uh registry of D's I guess oh interesting okay I don't think um I'm not consequence that could have but uh usually they want to usually they do want to yeah yeah isn't isn't the myar pretty expensive to get done I would imagine that you know as a general rule uh they would you know if they're paying the money to do it uh they they want to do it so on Tuesday I'll reach out again and see if they're going to if they would like to pick it up but after that I don't know what else they could really do do you think anyone's going to show up for the public hearing not but you got one minute before you open it it' be a short public hearing I know Donna was at the last public hearing for our last set of amendments or I think it was for the bylaw but um is she coming tonight too that was like a standard thing um I don't think I remember to invite her um so that could be why yeah I was just curious life was a little bit less chaotic I probably would have on 7:15 I uh I'll open the public hearing for to consider two proposed warrant articles to amend and add to the shsb zoning by law you want to read the whole thing in the agenda just so we official yeah uh you know the first warrant article is for an addition under article 8 supplementary uh regulations and would regulate outdoor luminating devices lighting practices and uses to minimize light pollution light trespass unnecessary glare and Sky glow the second war article would provide several several amendments to the zoning bylaw create an industrial use section of the use table section 31-1 update the roles and responsibilities of the planning board associate members section 10.4 update the special permit review criteria section 9.3 D2 and add Provisions to wave certain requirements for Di Minimus changes to special permit considerations section 94-3 text of the proposed amendments are on file with the town clerk may be inspected during normal business hours and are posted on the town website https colon www.shp.org planning for and that is the notice how about this I I don't think I've ever been in a public hearing with there's actually no public but maybe just for I think the last one wasn't anyone either for the uh the one for last the special town meeting I don't think anyone showed up really I don't think so I think we had a few but it was like it was not many yeah no one said anything anyway no no one did any question what Deacon should have scheduled something more controversial I'm I'm I'm fine not feeling the love um so Nathan what I think what I would suggest is maybe I do like a two-minute summary of lighting and then you ask for public comments and if there are none then we move on to the second one and I do two minutes of explaining that you do the same thing so we'll have sort of presented it created space for comments heard none and moved on what do you think of that yeah I mean you know why not you know just yeah I think a you know if you want you can put it up on the screen too okay I'll do that I mean just give people a chance to to see it again you know if they want to go back um I don't want to go back um let's see okay so here is the shutesbury lighting zoning bylaw that we recommended and sent to this select board a bunch of weeks ago and they looked at and sent back us and the Genesis of this was that in 2022 after a resident brought a citizen petition for a lighting bylaw um town meeting voted to request the planning board to come up with the lighting bylaw and we did not do it last year so this is the version that we're doing this year and as we've discussed a few times it really is to create some reasonable balance whereby we're control roll in um and minimizing light pollution light trespass unnecessary glare and Sky glow but not overburdening um the demands on residents um so and it goes through gives a little background the definitions um design and use which we've gone through um we had a good conversation about dispute resolution and enforcement which should involve the select board and then the effective date we discussed um and agreed to would be that anything that was installed prior to town meeting of 2024 and not subsequently and significantly improved would be exempt so that is the synopsis of this [Music] one 8122 principles is misspelled well two oh yeah look at that okay that was a worthwhile meeting then Deacon we got that like to [Laughter] contribute you didn't know that there was actually principal people who are in charge of responsible for outdoor lighting did you I didn't har there's no one uh no one sitting in the waiting room or anything like that huh no I'm not holding anyone back okay to the other one yeah yeah and that was a okay so this is this is the schoras board um Amendment which includes a few things so um I left the readed in here just in case we did have the public so we we created a new category in the use table that's the first change which is an industrial use and we moved four existing uses didn't change any of the specifications about where they could be zoned um so soil mining Light Industry Wireless Communications temporary wood monitoring move from business use um into industrial use so that was the first change um the second change is under associate members we put in this um section F which codifies what town meeting in I think 2022 approved and the Attorney General then denied and then we subsequently had approved by the legislature through home rule petition um so now that the home rule petition was approved and signed off by the governor this puts that law into action in our bylaws so it basically allows associate members to do everything that elected members can do um and the reason that the second paragraph G is there is that there was a par a sentence at the very end that said that um associate members could not participate in the executive session and we agreed to take that out and so it's basically the discretion of the planning board or the chair in particular whether an associate member could participate in executive session but it would not preclude an associate member from doing so um the third party Robert with one question sure can can the U uh chairman of the planning board uh appoint a an associate member to participate um in a consideration even though a planning board member is Not absent just adding the associate member as an addition member of the planning board to consider um issues I so generally no you know so the idea is the associate member would have to fill a vacancy but I think this wouldn't be a pointing but just say we had you know a complex special permit in front of us so you know energy storage solar something like that we knew was going to go on for months and therefore there's a likelihood that someone might miss a me meeting I think the chairman could tag an associate member to ask them to participate so that they would be present for all the discussions so if if in fact a regular member Miss missed two meetings that person could then be tapped to step in I think that's a scenario that would probably be helpful but um associate members can only feel when an elected planning board member can participate um usually by vacancy or you know ineligibility ability is a butter or something like that inability to act or uh conflict of interest or uh absence or well you know it say it says it um elsewhere in the uh well it says it right there um absence inability to act conflict of interests on the part of any member of the planning board so in all like in all likelihood actually I mean if we had a solar permit what I I don't know if we discussed in the meeting but what Nathan has sort of shared with me is that he he could administer the meeting um he just couldn't participate and so you know I'm not sure I would I would do that I you know I I was I was kind of leaving it on the the table and you know part of what I you know would do is just kind of draw a distinction between you know my situation would be more of an inability to act right and you know and a conflict of interest is under the state law conflict of interest law um so if you know just and that's another good point of clarification on this is um you know the the chair of the board cannot appoint an associate member to act if they are recusing themselves because of a conflict of interest because conflict of interest law says that you cannot appoint your own uh replacement in that um that I'm not 100% sure that would apply in this situation I think it would it's uh you know they kind of have I was I was just reading one of the Guides Online for it and I you know they have they had some different kind of scenarios for you know different you know if you're like a a a special uh employee or on a board or you know working in a department or so on and so forth but I think that if uh you know like an example is like if my brother was doing a or if my wife was doing a project before the planning board right and therefore I I have to recuse myself I can't I can't pick who would uh carry out that uh Duty in my clarification Nathan with any solar application uh you have a conflict so who who's going to designate the associate member to stand in rock paper scissors if if if uh the situation were to arise we we we get some sort of application for any kind of energy related uh uh use then I would I would decline participation would call that inability to act and uh that would not fall under the state conflict of interest law okay do I proceed yes so the third the third offering in our schoras board is updated review criteria um and there's the general findings of which we added this red stuff here um related to additional criteria we if we're looking at special permit um we'd have to consider and then specific findings we add an array all of these essentially update the findings given our more current perspective on issues whether it's environmental or energy related Financial Etc um public health and safety things that we've learned since the bylaws were updated last um in in this section which is I think 2008 um and then the last part is um in terms of the amendment this was the DI Minimus discussion that we had that was informed by the the Whitman process in 2023 I think or ear I think it was 2023 um where were basically allowing that if there are di Minimus changes that in a special permit that some things do not have to be um fulfilled right now every if even if there's dominous changes the entire special per process has to be um redone and if the planning board majority two-thirds of the planning board agree then the additional filing fee a public hearing or refiling and unchanged documents don't have to be submitted so it's a partial process um and again that's only if the planning board votes that something like that would be diminished so those are the totality of the changes um in this SE second Mor article Nathan I think we've done a sufficient job explaining it for the public what do you think I think so yeah um okay yeah I was just looking at the lap section on there um I was wondering if uh if the changes here would have any bearing on on on the laps of a special permit and it says you know a special permit shall lapse if the special permit use a ceases for more than 24 consecutive months for any reason B if the applicant fails to obtain the necessary building permits or fails to comp with the condition of the special permit within 24 months of its issuance so uh I think if if someone if an apple can requested a special permit with the Minimus changes we would approve it my assumption would be that it would be that the date of approving the dominous changes that would be the start date of the 24 months yeah I'm I'm good with that I think that makes sense you know I think part of the reason I I asked this question was uh I feel like I was hearing something it might have been on the concom but uh it was something about it you know the the clock starting from the initial issuance and and not being reset after something like that uh I mean it's you know obviously a different circumstance and it's not under this bylaw you know but I it just raised the question in my mind you know what happens how does that work um and I can't remember the particulars of that circumstance anyway but it just I I heard something that made me think of it so I just wanted to ask it could also just be negotiated I mean the reality is the planning board doesn't have to vote to make something di Minimus so right then they'd have to go through the full process process again and then and then it seems that you know it's issued again once you go through that if you go through the full process it's issued right right and the planning Bo has discretion to extend um the uh special permit if uh under circumstances um if we deem it's in a a reasonable thing to do yeah like we did with the cell tower like we did with the cell tower that's great okay um Carrie how's that waiting room looking unfortunately still empty yeah okay so um I would entertain a uh does anyone else have anything that would like to discuss okay um there's nothing we should do before we close the hearing um the only the only thing I would say um we'll close the hearing and then I'll say it okay uh are y all entertain a motion to uh close the hearing so moved seconded discussion I'll call rooll Raymond hi takea hi honor hi I'm and I okay the public hearings been closed so so the thing I was going to mention was I I'm happy to volunteer writing up the board's report um to town meeting and get you know I can probably get that done in the next week or so um I'll send it this to Grace and to the select board and to everyone on the planning board so has a copy um and I if I remember correctly we can ask Grace to make copies for um the table at town meeting along with copies of these two bylaws okay um than you Michael yes who was that that was Robert but now he's muted Robert did you want to say something I I can repeat thank you Michael oh thank you oh he just says thank you okay um is this something that we typically done a vote for in the past or is it kind of is it kind of just like uh we've already you know gone through the motion and it's just like Michael volunteers to write the report very good I'll s I'll send it to anybody I mean if we do it in well in advance I think as long as people respond to me directly as oppos on the whole list so we don't blow up meeting while I'm happy to make changes if that makes sense um yeah I you know just uh you know grammatical type things right yep well can on Deacon for those yeah okay well if we don't need to do a vote for that uh do we have do we have any unanticipated business I'll just share um probably in the next week or two I might share a document but the two things I think the board just wants to be aware of in terms of state level Dy D amics um there was a commission on permitting and sighting that got created by the governor and they made recommendations to the governor on March 29th um and it's all about energy permitting and sighting and um all significant I think the the high level thing that I would say having read it and thought about it a bit is that there's the uh energ energy fac sighting board the efsb which currently exists and what the state's looking to do is expedite sighting and permitting for energy projects um the good thing that they did is they left the jurisdiction for energy projects under the afsb is really big ones so for solar for example 25 megawatts are bigger and similar for energy storage systems the concerning part is that they're recommending Consolidated permitting at the local level which the way I understand it would be a Consolidated permit by like the planning board the Board of Health the conom um I don't quite know how that process would work especially at the Town level where everyone's volunteers and we're trying to coordinate already um one thing of note is that there's constructive approval after a year so you know given the way these things are slow and then you're mult trying to figure out how to do this process with with three committees for example that's concerning um and then at the same time there's legislation by rip Roy who's out of Franklin Mass he's the house co-chair of telecommunications utilities and energy and he has a bill about consolidating and Expediting energy approvals for permitting his is actually more concerning um he basically that that actually got voted out a committee so it can get my suspicion is that from what I hear there's going to be a Consolidated Omnibus climate Bill and so there's a chance that rep Roy's bill can actually get stuck into that um his bill would take all energy permitting in the state and consolidate it with the Statewide entity so basically removing all the local permitting from all municipalities regardless of size so that's pretty concerning so all the solar stuff all the energy stuff all the wind stuff anything um would go to the state level um and we would not we'd have we'd have a monum of a voice and that we could be consulted but we have no no role in decision- making so that's highly concerning um so if you want I can I'll just I'll send out the next week or to I'm GNA write something up I can share the bills with you guys on email so if you can look at it um but that's my update thank you yeah I'd love to see that is it is it clearly contrary to what we would like to have a state entity uh being engaged it would be an immense Money Saver I would imagine well if if if uh if the challenges re we receiving to our solar bylaw were now challenges levied at some state agency we'd be saving hundreds of thousands of dollars possibly that's true but most most likely that state agency would approve them and so we wouldn't have a voice in any of it um the other part that's interesting with rep Roy's bill is that there's constructive approval after six months and so the way I imagine it if you have 351 municipalities in the state passing along they're permitting to one state agency which is trying to figure this stuff out has no local knowledge this going to be such a backlog that everything's going to have six months constructive approval so if you if your flood does own with with development requests the state won't be able to reply in time um so it's the facto approval in my is my assumption um so it's it's you know Expediting energy projects is good I think it's just a matter of how you do it and sending everything through the state the the one thing that they the the sighting commission did and it really it's all the devil is in details is that I know in my public comments to them I had suggested using the doer sighting um criteria you know that like do came out with the sighting criteria and they're good it include slope uh exposure to forests um Wetlands things like that if they actually came up with quality guidelines that municipalities could use that would be a benefit because one it would give us protection we wouldn't get sued because we' be using Statewide um criteria and if they use good criteria that were actually scientifically based as opposed to um expediency based um that would be helpful so but we'll see it's it's definitely going be an issue the next year to two so mostly just a heads up I don't want to extend our meeting longer I just wanted to share that so I'm happy to move to adjourn if you want Nathan uh unless anybody else has anything that they would like to share but yeah I'll entertain a motion to adjourn so moved second did well uh thank thank you all for uh a good meeting tonight and uh we gotta vote I know I know I'm this is this discussion Steve isn't here so you know somebody's got to do it um thank you uh Tom I appreciate your uh what you bring to the table with uh your comments earlier when we were reviewing the anr thanks and now I'll call the role Raymond hi DEA hi honor hi and I'm night thanks again good night everyone thank you Nathan thank you Nathan night