##VIDEO ID:FbnJo9184rA## this government meeting is brought to you by eastw works and our local cable subscribers hi good evening everyone I'm going to open up the January 15 2025 meeting of the Southampton plan board we have a quorum President Dan lavali Steven Johnson myself Paul demon and I am going to take one of our agenda items out of order uh because I'm waiting for number one one of the applicants uh to still arrive for one of these solar hearings and but we could also discuss this while we're waiting for Paul to attend but we're going to go down to the chapter withdrawal request by um the state of Janette judge Robert Hyde is here over in the audience tonight to represent the judge estate um requesting 3.11 acres to be removed from chapter land over on 94 Peak quatt Road and I have attached in your packet the purchase and sale agreement copy of I emailed you this also but it made some copies um so Mr Hyde would you come forward and introduce yourself and tell us what your plan is okay my name is Tom Hyde I'm I'm actually realtor remx compass realy and we've had the property for salees like we discussed um but we're just selling at 3.11 acres and my my information is they're just going to build a home on it so just for your uh own edic there's 3 33.8 acres is the total yeah that's that that's that is the total yeah I made a copy of that from the G uh thank you you can show Steven but that's the entire parcel and you're only in is it just the lots that are fronting peat that you're you're removing that have yeah there's one lot the smaller one there there's a there's Fage for a building lot yeah thank you you have the thing in front of you there there it is do you have it in front of you the the pictures or uh perhaps we only have this one screenshot from your Realtors and that's a required part of the submission I think I think he had one that was emailed that's in his packet but this one here is I was about to open Thats So I understand where yes thank you I understand where the property is located okay and this is a portion of a larger tax parcel or this is one tax parcel where multiple Parcels have been enrolled both right okay so there's there's 33 Acres and then this this piece here these two pieces that we're talking about are um1 they're actually separated they were separating we just brought them into 61 uh back in like four years ago so 3.11 Acres Paul Paul 3.11 Acres exists as a separate existing tax parcel or no it I mean they're they're in here is separate yes but then we brought them into 61 so they're all part of one is it is that what you mean one yeah but separate tax parel yeah I understand I think so I think that's I think we understand no that's that's important yeah good but you're keep going but you're using the 3.11 to build a residence on is that it that I'm pretty sure that's what they're it's RV so that's all they can do in there anyway that'll remain so you'll still have like 20 29 or 30 Acres left right and I'm assuming that access doesn't look like it has enough Frontage they don't have the map but there's access to that back property correct yes we do yeah they have Frontage on Middle Road Middle okay so there's there's there's plenty of Frontage there which you know we we'll probably doing something with that eventually same kind of same thing but uh because we want to sell the whole thing and well this is an interesting has this parcel ever been brought up to open space to your knowledge at all I've never heard it mentioned well by Statute there are four Town agencies that need to have no the clerk the planning board the concom and the assessors and the assessors with the Town Administrator I hope are making sure that this notice is legally compliant in all ways okay so leaving that aside then the question of whether concom or the planning board or the select board have an interest in this property for any Municipal purpose which is inclusive of not only conservation but affordable housing which is I would say an unrepresented interest group under the chapter 61 statute as is the open space committee yeah but they coordinate very closely with the concom that yes we have our own idiosyncratic story around that but they will address it in in due course our question I guess is really um as along the lines of what you were driving at Paul Mr chair uh that this is one parcel out of a larger ownership and how does it affect the future of of the remaining ownership and and are they boxing themselves into a avoidable problem no because there's still an access even after that lot you sell there's still access to that property correct so correct so here's the deal Heritage is coming in to do they're they're scheduled to come in here do their survey of these these pieces to put the PO you know get it all done and they're going to do the what it the an anr they got to do uh for the back lot so they're going to take care of all of that but then there's all right all right so this is the piece I didn't get what's the anr piece about the back lot I'm sorry that's not that's not anything that we're addressing tonight here's the front lot right that's that's the lot we're talking about there's a road furniture and pequ yeah and this is going to Jo and this is 3.11 nope that's uh that's that's too I should this hang on no no no no we we don't have 3.11 shown on the plan right here this is the other piece behind it take your time now listen to me this is behind this okay okay that's it right there okay I've looked at this a bunch yeah okay so then they hold the two together they're two they're that's what heritage is going to do now they're going to join these up they're going to go before the committee here to put these together they're going to survey the whole thing out right this is here here comes out like this you're taking two Parcels out of chapter 61 B correct and he just needs to right now right correct well you want this plus this equals 3.11 and that's this and this exactly exactly 3.11 why do you need an an anr this is a separate lot this was another lot mom was paying taxes on this lot and that lot for years and when she said hey I'm paying so much money on these tax how come it's not 61 like all the other 33 Acres up here let me see if I got the other one up here for you Mr chair assist right for decision or is there anr yeah because an anr is nothing that we're dealing with tonight we're dealing with our right of refusal on the chapter land we're not and the acreage is accurately described according to what he's submitting I'm relying on on your review on my review I'm not a surveyor I didn't go over and Survey it this is the 33 Acres here okay I understand that yes he has he has a a purchase and sale that's right here the pie they weren't in this whole piece we put them into that whole piece years back years back so I understand you need survey what are you dividing such that you need an approval not required endorsement what I don't I understand you're a realtor I'm I'm just a planner come on I'm just a land owner trying to sell some land you know you have a license I am a licensed realtor can I get your name please yeah Steven Johnson on plan Board St so I just want to clarify and make sure taking 3.11 out of 38 acres I don't kill nobody here I need you guys yeah sure says lost the spring I got the spring oh you do got the I thought I saw a spring flying by so let's everybody take a breath and R And as far as I'm concerned he has the the right to do that he has the paperwork involved I I think we're just confused I'm not I'm not confused I'm working towards Clarity where's that I'm not confused about it we've handled these in the past oh Paul forel Paul for I didn't bring my hearing aids man speak up G why don't you come and sit a little closer I said we haven't had trouble with these in the past no that's that's not an aenue were're going down there are two tax Parcels that total 3.11 Acres yeah and there's no anr requirement so to answer your question here's planning board perspective does not have interest unless behind it right here exactly this piece unless the Housing Authority Express an interest then let the Housing Authority deal with it they do not have a statutory right then we don't speak for them we don't speak for them so I'm sorry so suggest that the planning board does not have a reason to hold the two we don't we have an obligation established to forward this this is established my I want to make a statement regarding this type of a procedure that we have where are you ma'am we have conservation we have select board we have ourselves in so you're yeah okay so we could all make our decision whether we want to W it or not but who remains the source that will have the final say because they hold the purse strings oh stop that Paul hey who does Stephen the select board and you know that we could we could wave it somebody else could say no and then it would get back to the select board and they would ultimately override all of them because they would say yes or no they would be the deciding voice Paul we have Middle Road correct from the day I joined this board my mission has been to provide accurate information to the public that they may understand what determinations we're taking on the behalf of the voters of this town and you have systematically thwarted the sharing of clear information oh my God for the last 15 18 years I have thwarted all this information well I haven't had a complete I have been on this board for a little over I haven't had a complaint for it well you do now well I'm sorry I think this is out of let's get back to to be bringing up this type of displeasure that you have if only I would like a motion it was one off I would like a motion that uh we uh accept this application for uh chapter withdrawal and wave our right of first refusal I would like to offer a substitute motion that we refer this to the Housing Authority because the planning board itself does not see an interest in the town exercising its right I will go even one further I will uh I will recommend that we have all the boards review it including open space which will will be done as a matter of law he how about we do them all point point of order here the motion is we'll follow the goddamn law and will include the House of Authority thank you I'll second that if you made that motion yeah I'll put my what's the motion on the floor two CLK will read it out the clerk will read it out we are waving our fight right first refusal the planning board all in favor no you don't have a second on that second all in favor I I no and uh abstain this seems too confusing right now this board has an obligation to share information would you would you uh repeat me the language you would like in it please the planning board refers this to the Housing Authority before waving its recommendation can we is that a separate topic than this specific item here like who the select board will draw this to a close within the 120 Day statutory so he we can't refer perod the date of mailing having been established by the Town Administrator I trust coun yeah that's not so it's cut and DED you'll get an answer have within 120 days we need a sooner bring it to his attention point of first of all you understand the statute sir have you been drinking excuse me no I I detect a sense of alcohol I think it's it's working on your your your able ability to communicate Mr H pardon me Mr Hyde you haven't been drinking that's what correct Sor point of order just please yeah okay go ahead cuz this is confusing me so we cannot as a board our responsibilities to another town board or a town official that is not what Mass General law permits so you're how would you like to frame the recommendation to the select board it's been already it's been already suggested this land that we had for 100 years in the family we put it in 61 we just want to take it out of 61 I'm sorry no more no more comments we have a motion on the floor okay no you have a vote taken so since we don't have the right to refer I have a motion to wave our right of first refusal and which will now go to I'll inform the select board and now it will go to the other boards for their review that's my motion so and then you're talking 100 I have a second I'm I'm sorry could you do I have a second state it again please I am saying that we are I'm asking for our right to wave our right of first refusal and this is going to be passed on to other boards to review for them to decide how they want to handle it but this board is waving their rights ah on the 3.11 Acres right yeah exactly okay second motion made in second all in favor I I I no motion passes and the reason why is I think that it is a recommendation to the select board it is not a specific right that the planning board has and the recommendation that I would prefer the planning board send is to consult with the Housing Authority the chair and I have disagreement about process but I think the outcome will be achieved and I assure you we will take every effort to do this I don't understand what you're talking about so if you said for me not to make any more comments I'm pretty much good as long as you guys are just tell me what's happening here because I don't understand what you're talking about at all you had to give notice to the assessor I've done all that right Mr they will each address it in ter I will pass our recommendation along to the select board they will take it up at their meeting conservation will take it up on their meeting the board of assessors perhaps and then you'll be notified in the end I'm assuming because the buck stops with the select board that you'll be notified when the process stat ends correct now how long does that take you say 120 days read the statute there's a lot of guidance online I'm Not the expert the University of Massachusetts landowner resources chapter 61 it is the best resource right it's a complex law and it's changed recently you're a licensed real estate agent as I have I would never show up to my duties in the frame of mind that you're in my friend frame of mind you got alcohol on your breath I want to make sure that we follow the statute can we no we're through we're through Mr H yeah you're all set you're set you're all set thank you Mr Hyde thank you guys good night you're welcome I don't appreciate you showing up to a town meeting Mr Hyde fine okay I'm sorry we get we get your point Thank you thank you my goodness pardon me the folks here for this um go around um Mark manino is here from 138 yard road now unfortunately your Solar Company isn't here but they provided all the information and the most recent one is in your packet a letter of the waivers that they requested because this was uh a ground Mount unit that was just over our small scale uh RS and it fell into the inter intermediate scale which we just had uh one we approved uh a few weeks back which fell into the same category and um a lot of the criteria for the intermediate and large scale uh does not apply to the the unit you have per se um and other towns uh do these by right so I would ask you just to give us a little bit of background on what you're you're doing um with your unit it and are you having trouble hearing yeah chair would well I have trouble hearing especially in this environment this room is very diff this room is very bad but um uh so chair would you please speak up anyways uh what I'm doing with the solar it's basically for my own home and I've had put in heat pumps from every source so that's going to increase my electrical use and I wanted to rer and that's probably why it's as big as it is cuz I want to go in with all electric and I'm trying to get away from the uh these fossil fuels and so that's probably why it's as big as it is and it's gone over your threshold but I don't think it's out of the ordinary we have uh 3 and 1 12 acres of open land pretty much and it's pretty far away from the neighbors just it's not like right up against the property line or anything you there that I I put in your packets yep M I don't know if there's any other concerns uh you have sure uh the notices by the way were sent to the abuts and I had no I had one inquiry they I sent them the plans but they were fine with it uh otherwise there was there's no one here at uh at this meeting and there was no other requests for information by any of your neighbors okay but just to go over uh the the waiver list that's being requested on this on chapter 275 uh 7.6g uh all the required documents have been uh submitted um and in bold print on the uh waiver list there will be no changes to the site including grading vegetation clearing planting exterior lighting or screening the array will not be visible from the road no amount of soil material will be imported or exported from the site no excessive noise will be made during the working hours there's no apparatus structure there will be no lighting there will be no signs no access roads are necessary no hazardous materials will not be utilized within the solar uh electric equipment the array will not be placed on or near agricultural or environmentally sensitive land the array will be placed using ground screws which will not impact drainage and no impervious materials will be used the array will not be visible from the road a project summary electrical schematic and sight plan will be provided as part as the solar Fire review application once planning board approval is granted no natural vegetation will be cleared and no significant amount of top soil will be removed ground screws will be used to place the array these are all um requirements that fall under that intermediate category which is kind of overkill for this type of a a system you're putting in any questions from the board I'm good see nothing to discuss I think it's very thoughtful application well prepared and I support it Paul no questions hearing and chair I would like to commend you for reciting the specific exemptions that's very helpful for the public understand um do I have a motion for this gentleman so we can get this underway probably in the spring is that when they're yes I would like to make motion as submitted with the exemptions noted second oh sorry motion has been made by Steph and seconded by Dean um to approve this application with the waivers requested all in favor I I I I right okay Mr manino thank you for coming down and um I I did tell Adriana who who work is working with you on yeah um unless she misunderstood me but I asked her or someone from the company to be here but thank you for coming down all right thanks for thanks for letting me know you'll be getting an email about the uh approval okay all right thank you okay again we have another solar um permit on the uh docket here tonight and Leah Visconti is here from Insight ventures in North Hatfield who is uh been uh uh installing a uh array for alen gayet at 15 Pleasant Street and um originally this fell Le in the intermediate category but after the review you decided to um downsize it a bit so this is just a small scale um unit that is going in on Pleasant Street um 15 Pleasant Street Leah go ahead uh so this is uh thank you for having me um this is a small scale ground Mount uh system at 15 Pleasant Street um it's 15.12 kwatt DC 11.4 AC there's 36 420 WT panels going in um and uh we I notified all the abutters um and there were no responses um or inquiries from them no I have none and um we are also working with the Conservation Commission as well on this um so that's separate um process and um that's pretty much it unless you guys have any questions I can't open the plan here um is do you want a copy I'm sure the chair has so again just to uh reiterate on uh this application all the uh materials were submitted necessary the abutters were notified problems not with this one well it's going to conservation motion as a separate thing move approval as submitted I'm sorry am I there are no u i of turn there are no conditions that I can see that we need to uh improvise on this do you see anything Paul or Dan Stephen no um the applicant has indicated they're going before the concom is required that's the only thing that I would yeah I did receive a note from George that it's it's not issues pertaining to this particular project but they have to pass muster with conservation on another issue but the building inspector has been notified that um George uh and the Conservation Commission I guess won't allow uh a building permit until they satisfy the requirements from conservation okay y we're we're on the do for the conservation commission's February meeting uh it's February 3rd um and that's posted in The Gazette as well and we've submitted their application and fee and have been in close communication with them that's the process thank you I'm sorry what was the trigger for the that is the process thank you I was talking to the the Conservation Commission yes um so there's an intermittent stream that goes through the property and also a perennial stream and then there is a wetland that doesn't go through the property but it's behind it um and since they do not recognize property lines we just had to show them the distance from those streams and to the wetlands so we've provided that information and the other the issue that he has with conservation I guess is for tree removal but it's not tree removal that was pertaining to the solar array it was tree removal for some other reason that uh he's going to conservation to satisfy them yeah the tree removal um is not in the scope of our work so that's being handled between the homeowner and the Conservation Commission directly and we're not involved in that part of it it's clear this paper clip is that you do you have that thank thank you okay hearing all the information we needed anyone want to make a motion on the project please yes so Stephen make a motion second danan second all in favor I I I thank you Leah thank you and again I'll probably get to this the first of the week to send you the approval notice and I'll copy alen Gad on it and would you copy the building inspector as well I will and and the conservation too all right thank you all right thank you guys for having me been a pleasure good luck thank you a couple other items here that aren't really it's just informational um we have another chapter withdrawal but that's on hold you probably uh got a notice of that from the Floric over on B road that one there it was incomplete and given um all the paperwork they've got to uh get together on that yeah for the record I'd like to commend the land owner for reaching out to the town to explore options and you're right this too early it's not timely for us no he doesn't have anything together right um Kyle finel contacted me this week and he's going to be asking to be put on the agenda with Richard Harris for February 5th because he's going to have all the uh water shed protection water supply information done for their dlta study so he'll be presenting that for discussion on the fifth Richard Harris probably will be here because now that he is an interim planner in West Springfield he will only meet with us once a month which is the first meeting because he has to be in West Springfield on the third Wednesday um Richard might have for us um maybe a draft of the solar bylaw but again um review that you were all sent copies of his suggestions on that if you have anything so we can um probably review that on the 5th Paul yes on the aquifer um we also got notice that Westfield is looking at a battery array yeah I was just going to mention that that battery storage they're having a hearing the Westfield city council tomorrow night uh in Westfield regarding that and um Christine sent an email to all parties involved apparently there's a organ ation to get public input on that but it's with the Public Utilities Commission as I understand it anything else I have any committee reports do I want to report any ongoings and committees Dean um nothing at this time Stephen um 117 to 125 College Highway land use planning is kicking off um and next week there will be Focus meetings with our Consultants pvpc Dodson and flinker um next Thursday if my memor servs me and um that'll be first with the senior center committee then with public safety building committee then with all other interests includes housing and conservation and planning if there's a planning interest in this 54 acre property in the heart of our village that's being scheduled and it's all kicking off and um there will also be some draft public engagement um questionnaire type materials to be reviewed and that's within the next week or 10 days and speaking with planning I did meet with Scott the Town Administrator uh just before Christmas um asking him to consider the town now needs a planner yes and um he was in agreement in fact I sent him an email that I had sent to Ed Gibson a year ago in March regarding the same um subject so uh he is he's got it on his agenda he's hoping to find resources for that so we can put it on town meeting um but I think it's high time with everything going on in the town and particularly 117 to 125 College Highway that uh there's going to be need for some um professional planning and uh a conservation agent housing um pvpc person so somebody that will wear multiple hats in this capacity so hopefully it'll come to fruition um uh by next year sometime Paul that's huge that's a very important piece of leadership in this town no one represents Economic Development really except us you know and and we don't have an explicit mandate for that um so this staff person would potentially cover that entire scope and not only bring through growth and development tax income but Grant income especially Grant really really important thank you for that leadership the town of south or town of Deerfield is looking here here town of Deerfield and I don't know if they're any bigger than we are population but they're they're looking for Town planner now they just had an article in The Gazette they had four candidates that they interviewed in the town of Irving which I believe is even smaller than Southampton has has a planning uh Department not not a volunteer board so it's high time we we got into the 21st century with that any other information we need motion to adjourn so move second I I in favor I I right time to go my daugh do her homework oh dear for