##VIDEO ID:kiou-QMZPOA## this government meeting is brought to you by eastw works and our local cable subscribers all right good evening everyone Welcome to the Southampton planning board meeting for November 6 2024 all members present Dan L Valley Mark darnold Steven Johnson Paul FAL myself Paul demon and we welcome the listening audience on Charter channel 191 our first order of of business on the agenda tonight was supposed to be a public hearing for a solar installation a residential one on 138 Brickyard Road uh the applicant was Valley solar for Mark manino who resides at that address um after the review by our consultant it was quite a laundry list of uh items that were eliminated um regarding the conditions in the bylaw so um it was sent off to the client and they were given the opportunity to um come tonight and have those issues U presented to them or they could work on them and come back when they had them resolved so they opted that they would uh asking in an email this afternoon um from Adriana Dominguez the project manager for Valley solar our design team has requested a continuance until November 20th so is there anybody here in the audience tonight that was in a butter of that brick G Grove property no um that being said then I would uh ask for a motion that the continuance of that solar hearing be November 20 um I move that we move the hearing to the next available plan Board hearing second motion made by Mark and seconded by Dan any other further discussion on in favor I I I abstain I have no idea what you just presented except that we'll hear about it on November 20th you didn't hear that it was for the solar installation that the information you received prior regarding the hearing tonight that came last week in the uh packet I sent you let let's proceed you just said something about exemptions there were a whole bunch of exemptions in their application I think no I didn't say exemption I said that the the um project was sent to Richard Harris and he reviewed the application I understand he came up with a laundry list which I emailed all the members of um items missing from the application that are in not exemptions thank you I didn't say exemptions I said thank you for clarifying that Mr chair I don't want to delay the meeting any further so hearing that the motion passes 401 to continue the meeting to November 20 second on the agenda tonight we have a request from um ever Source Jason Ferrero you present tonight Jason Jason reached out to me uh last week uh um to request permission to install a trench for an electrical conduit from proposed pole 25 manhan Road and end in frout of house number 33 at the proposed pad location uh well performing this construction eversource will not be altering any stone walls or damaging or removing any trees to avoid interfering with the roadside drainage ditches we are suggesting keeping our trench in the center of the road roadway disturbance and changes to traffic patterns may occur during this development the road will be restored by ever source to meet or surpass Town requirements once work is complete this has been precipitated by and this has been going on for about a year now I would expect they pretty close to it correct and what triggered it was Scenic Road designation because manhan road is a Scenic Road according to the town however we don't have a Scenic Road bylaw in town we have Scenic roads but we don't have a Scenic bylaw and the only thing we can go by after Consulting again with Richard Harris the board consultant is chapter 15 C in the Mass general laws and chapter 40 chapter 40 section 15 after a road has been designated as a Scenic Road any repair maintenance reconstruction ction or Paving work done with respect thereto shall not involve or include the cutting or removal of trees or the tearing down or destruction of stone walls or portions thereof except within the prior written consent of the planning board or if there is no planning board the selectman of a town city council after a public hearing duly advertised uh can take up such action now now I understand you went before the select select board yes sir now I'm I'm confused on why it got to youed in the first place when the statute says it should come here first but that being said um what was the outcome of that they told me to reach out to you guys and have a meeting a formal meeting you can you don't have to be so brief you didn't say of what we requested I mean you guys have requested a lot of things I spoke to somebody on the phone about this before the uh select board meeting then I came to the select board meeting just to be told I should have went to a formal planning board meeting so I'm here now for the formal planning board meeting I I'm not sure exactly what you want from me public hearing and the interested parties that were so vocal at the select board meeting were told to come to the public hearing at the plan one one resident is here I think the other ones were expecting a letter in the mail I'd make motion to continue this until proper public hearing who's the gentleman that just spoke in the back um so Justin Viet I live at 34 manhan Road I kind of triggered the whole start of this there was an aerial trespass in my yard right it's no ill will towards my neighbor it's just something through time that it was time for it to go away um there's a lot of Main maintenance issues associated with this line and I think that's more what my neighbors are concerned with um ever Source sort of has an opportunity to do an upgrade to the system at the same time as getting rid of this aerial trespass and in the interest of the rate payers it would be good to allow every source to explore that interest of possibly moving what is now currently a right away of the power lines what's left to the road at the same time the aerial trespass to mention with that I did send it to Jason obviously everybody on the board has access to it in the '90s eversource upgraded the lower part of the road during that time they moved the power lines out of two of the properties to the road and that was in the '90s when it was already a Scenic Road um so there's nothing new to allowing at that time it was Wo but allowing the electric company to upgrade their system in a manner that involves cutting trees on the road seem they already sent the prent back in the 90s um so that that was kind of all um you know my neighbors obviously have some concerns but um the underground I don't think it's a great idea our Road's narrow I'll just put that right out there there's a lot of rock and ledge depending on the time of year school buses start coming up at 7:00 last school bus for the younger kids is at 818 cuz my kids are the last stop or the last house they get picked up and then buses start running again at 2: my wife's a nurse she gets called out for emergencies has to get down the road the job that I have I work from home but I also respond to emergencies for the state so um and I've done road construction Jason knows that I was the manager of eversource gas construction out of Springfield I know what happens to roads and you can tell Crews all day long don't block the road make sure people can get out I've suspended multiple Crews for doing it you could go talk to people in Springfield um so I know that that can be a burden overhead work is far better when it comes to doing work on a road when it comes to the electric but Mr Ferraro that's not the route that you choose to take correct because of the uh trees that might have to be altered damaged taken down right so do I spoke with somebody um we came up with a plan of a bunch of trees to be removed and the people that came to the CYO hearing um preferred not to have that amount of trees taken down removed um so we came up with the other plan to do an underground service and then restore the road afterwards so there would be no damage to the trees or the scenery that they were complaining about you had a conversation with the highway department yes I did speak to the gentleman from the highway department he actually gave me a permit to send to our Hadley office for the crew that would be doing the work to start filling that out [Music] mhm so another another comment from Mr Harris was absent a local bylaw to the contrary the planning board would only be involved if ever Source were planning to alter public shade trees or stone walls along the scenic Road simply putting a line under ground does not mean a tree or stone wall will not be altered they have to put the trench somewhere I would ask them to demonstrate or certify that the project will not alter a tree or stone wall within the roadway the right of way then have the board vote and notify the select board that the planning board has determined that the project will not impact public shade trees or stone walls within the right of way therefore the planning board one does not have jurisdiction on this matter and two has no objection to the project there's been no demonstration and there's been no problem which he's attesting he's been very um oblique but we're what we're dealing with here is the removal of trees or stone walls that's that's what we're dealing with here and if we don't see that then we sign off on it and then if the select board wants to take further action well that's that's up to them and if you want to hold a public hearing then that's up to you but that's not what the statute says and that's not what Mr Harris is recommending and he's been in this business a long time and furthermore I'd like to know and if you can answer it if you don't have a town bylaw general b and there's no conditions tied to that other than the Massachusetts one I just mentioned a while ago what teeth do you have to to uh to restrict them from doing anything we have not had a presentation or an attestation as described by Mr Harris so whether or not this is the right form because it's not a public hearing and and it doesn't require one if you're holding an attestation or demonstration that this will not alter um the interests of the ACT fine I haven't heard it including at the select board what would you propose me to show you I don't understand what you're asking for you're an engineer engineered drawings plans you know I I think that do you have something against me it seems like every meeting I go to you you let me talk and then you say you know what You' got to do this you know what you you've got to do that I'm doing everything you're asking me to do whether or not you like my company is a different story no no no no I love your company I don't think you do I have a really good friend who's Executive Vice President Mr Hunt so tell me I hear different stories from you and your predecessor and the benefited private party yep the benefited private party is talking about some kind of system upgrades it's always a jelly role but you should see the PO in my yard you've not you've not made any you've not made any presentations so I have nothing against you except that you're not talking and if this is purely A Private Matter no I have no idea the town is involved we are here to petition to install an underground conduit yes that in one poll one poll to feed a customer One customer One customer not this customer nope we are removing an aerial trespass from this customer's property a line that was put up without his permission without actual rights to right they the the customer and and his neighbors would like our company to remove the poles from the current RightWay at the moment our company has no int there's a right yes the right away at the moment oury has no interest in relocating the polls in the right way none we have the interest in refeeding one customer that we can no longer feed because of the aerial trespass this has been going on now for about a year and maybe I messed up I went through the wrong channels whatever it may be I'm trying to resolve this issue and it seems like I'm not getting anywhere this is the only town I've ever had an issue with trying to move forward with something so you can see why I think that you have a vendetta against me which if you do cool if not whatever but I'm going to be very up front with you stand up and be an honest applicant okay what what wasn't I honest about I haven't seen a drawing he he's honest about them not cutting down trees or altering walls that's that's what they he also been honest about a new poll I don't know where that is there's nothing that says anything about a new poll in in the Statue are you are you trying to create something that's not that that we don't have any uh authority over here no no so the two issues process and we're going to leave the public hearing to the S here it is again another comment from Mr har and on the factual stuff in the submission which you read and you transpose our recommendation and his requests but he identified a new pole and a 3ot wide concrete pad and generators and I don't know where all that stuff is I'd like to know what how the select board can make a recommendation when it was supposed to come to this board to begin with it should have been it should have been passed over to us to begin with but you're making the recommendations when it's our job to do you're pting but you're you're you're trying to make recommendations that it was this board's uh responsibility to do according to the statute the board wanted it to be a public he okay so here's here's another comment from Mr Harris there is no guidance there is no guidance in the statute for the planning board to hold a hearing what is the statute under which a public hearing is to be held who are the abutters whom do you give notice to yeah this the select Bo select board feels there should be a hearing held let them hold the hearing if they get evidence that the provisions of chapter 40 section 15 C are triggered then they can direct the applicant to file they did then I'm going to ask that we have no evidence I have the the copy of what they're going to be trenching um I'm Paul so there's a schematic plan that was attached to an email correct that was given to us yep go ahead so the schematic plan identifies the route they're going and they they're going down the roadway um you have pulled a trench permit from the highway department they're working on that correct all right so is that engineer drawing that you're looking at it's a schematic drawing it's an illustration it's a schematic drawing okay and it's never been present it has I I actually sent this drawing it's composite of a variety of different sources of data I don't know whether the line they drew is in fact in or outside of the public RightWay do you well I went off of your GIS maps so if it's not then your maps are incorrect there you go well yeah that's the best information I have no okay can I can I just stop can I just interrupt here I'm sorry we we're being very unproductive I think we need to correct we we we have we shouldn't be here at all it's not a public hearing this requesting us to to sign off on it don't need a public don't need a public don't don't make it don't need a public hearing to have us sign off on it making a motion I think that's a ABG I want to hear what Mr I want to have him finish from the select board there are two select board members here so what's that got to do with anything I don't against this person I don't have Sten this is the planning board not the select board okay good night Paul would you finish please you'll get my letter of resignation you are not being productive Paul would you finish your sure so my opinion dealing with utility companies and municipalities this is nothing more than a trench permit that has to be received and executed by the highway department exactly the fact that it's a Scenic Road and they're going down the middle of the road to put something in and it and they they're they they're on a record saying that they're not taking any trees down I I don't see what the concern is he or eversource it's part of your trench permit do you have to show the town I'm not sure what they have to show the town but I uh superintendent of the highway department sent everything that I sent to the Hadley office to file Hadley office is responsible or eversource corre at the end of the day is responsible to restore roadway conditions to match this this way correct cross-section M there's a schematic map that shows point A to point B with approximate distances they're going to be installing correct in my opinion this is something that the town does not have a specific requirement to put in an engineering drawing that has to be stamped by a professional engineer along with survey plans thank you have established protocol that has been done in the town for decades where the utility company has a or anybody who wants to trench something has to get a trench permit with with the highway department and if it's a Scenic Road and if there's any impact to existing trees or walls which they're on the record saying there isn't then I don't see why we're even having this discussion it's be Dan go ahead you oh say I agree with that I think that just having any writing saying it's not a Scenic it's not as they're not touching any trees or stone walls on the scenic Road by going through under the roadway for the perspective of the planning board shows that it does not meet the qualifications of having to be considered under the under the scenic Road bylaw because because we have no one well we do have something because the town did pass something back in the' 70s uh Scenic roads yes but not a not the official bylaw so they may be referring to the state bylaw uh well that's that's all we that's all we have is the state and and there's not there's there's not any more than what was there to it it's not in too much detail but it just neither you know what either here nor there what they're saying is they're not touching the trees or the stone walls so it's not applicable either way and you're and you're terminating your trench on the subject property at their driveway yes sir it'd be right right past their driveway right right next to the pole that's currently there CU that's where the secondar are correct an area we're going to actually remove the pole that's there and put a padmount transformer in its place yeah when it comes to and and the other thing that bothers me that's not pertinent here but it is in in a way but it's not our purview if there's going to traffic concerns or Road uh oneway Road or whatever I'm I'm assuming that's the responsibility of the highway department that has some um regulations regarding uh passage to keep one lane open and possibly you've got a a police officer might be on the on the scene there or something to direct traffic or to make sure that the road is is not uh closed entirely but that's again that's not something we're up uh up against so maybe the the word we give the result of this is the word back to the select board is saying the planning board is determine that the cing RO bylaw does not bylaw does not apply in the circumstance and that's why I will ask for a motion and I will write the select board in the morning of that decision and as Richard Harris said if if the select board is not satisfied with that well then then go for it but you you've got to you got to know what you're going after and and uh hope you're not going to get sued because you don't have any ground to stand on I I from my opinion not speaking for the SLU word I I agree with all of that I I don't see what they what and what I would recommend is uh who on the general bylaw Committee of the Town whomever that chairperson is to to maybe draw up a Scenic Road bylaw I think that is good somebody wants to get more in detail about U trenching and digging and roots and and anything above you know below ground there's nothing that's for the town could be better and something that the planning board sh recommend to the town is clarifying this the the bylaw around Scenic roads because right now because he either lost in the history books when it was passed back in the 70s or um we just don't have it on record what the town's ruling is it becomes gray a gray area so all right I yeah there's a lot of questions in my head but I'm just for sake of moving on I I I don't see how does a state how does a bylaw Scenic Road bylaw prohibit trenching the roadway so it it doesn't I'm not saying it does no no I'm saying anybody how does that hold how does that hold any legal basis because if you look at the offici the original approach for this it was to have put up telephone calls along the road which would interfere with trees right which would m in that circumstance would impact the scenic Road ruling um but they went back and they um they changed their their approach to go under the road as to not interfere with the trees or the stone wall but but more than half the road mind you and that's why the rest of the people that were at the first meetings on the last house all the people that were opposed where they live the wires are on the road they don't drive the part of the road where there are no wires on the road and after they came on my property and saw the condition of the wires that have been there since the 50s the poles in my yard that are in terrible condition they've all decided not to come and be opposed to whatever ever source is doing cuz I'm like I have two young kids yeah see that we couldn't walk out our door for a week because the wires cuz there was a tree laying on the lines and the power wasn't out so ever Source kept not coming I finally had to go track down the crew yeah scar three-phase that's why I walk out my front door I I want to AP anyway so I'm sorry I want to apologize on behalf of of uh this board the other boards are however this got going a year ago and you've had to suffer for it and ever Source has been trying to scratch the head through it so was the engineer before they so the it seemed to me that the public sentiment at the time uh was very concerning and then that held up the process and but for the life of me I don't know how it didn't come here first formally and then proceed on what what's the mechanism in the state bylaw or the state regulations that would have you approached the town for permission outside of a trench permit yeah we always petition um like in Springfield if we're adding ducks to a manhole to feed a new service we always have to petition for anything we're installing in the public way so we always request permission to install XY or Z in the public way if it's outside of our eased area um new subdivisions are a little different because when the subdivision is installed we take an easement over the whole subdivision 10t act so we can go in and make repairs or alterations as as needed um but that varies from community community correct because you might have a blanket agreement with various towns that allow you to to put in whatever utility you correct have but our department still has us go out and you know have have petition hearings for a number of different items anything that will be installed in the public way whether it be an anchor for a pole a pole handholes conduit you know manholes enlarging covers for the manholes like they they I want to say from my perspective I know that you're doing that in good faith to approach the town you go to the select board maybe the planning board's recommendation another recommendation to the select board of this is when whenever source is approaching the town about these these improvements they want to make that it should go to the planning board I really think it's in the purview of the planning board versus select board this is really Town specific stuff but but maybe it would be more beneficial to the town if it went to that to the planning board versus select board for those types of well without further Ado if there's not any further Mark you got anything else you want to add um just one side question um do you require an easement from the town to put the um the conduit in the road no I believe the petition uh grants us the right to put the the item in the roadway um and then I I do believe it also gives them the right to repair that if something happens to it so I I don't know why your counterpart thought I was trying to hide something you know but nonetheless um I've tried to be upfront with everything the the drawings I have on my computer are the same drawings I send to all the other towns Springfield West Springfield um you know Southwick lllo I'm not a a surveyor you know I I try to go off of town GIS maps because the town uses those Maps so that's you know what I try to go off so we they're not always as accurate but uh if that's what you use in your town I'm going to make a motion that under the provisions of chapter 40 section 15 of Mass General law uh regarding Scenic roadways and um it is does not apply to this request from ever Source because they are not going to be removing trees or altering stone walls of any sort and it it does not um require any further hearings of any sort in um that's pretty much it [Music] [Applause] second think it was a motion y I made I I made it um any other further discussion all in favor I it's approved I will send you an email verifying that I will copy the select board on it of this decision hope hopefully they don't pursue it any further and if they do they that's I I can't control what they do this board can't but I don't see um we don't we don't find evidence and I don't know what they can grounds they have on if the statute doesn't require it so good luck and S again my apologies on behalf of anyone in the town departments that made this difficult and so uh it could have been our office is revolving door as well so we anyway good luck with it I appreciate everyone time thanks I had some mail come in that's not on the agenda but it was a letter came in this afternoon if you recall Paul wasn't here but um couple weeks back we had an anr on pomy Meadow Road for a a lot that was in fact across the street from me a lady subdivided and um I received a call from the realtor couple weeks ago the lot was sold and then the question came up the lady took it out of chapter 6 61 61 B she she took it out a couple of years back but then on the this is one thing that's wrong with the anr too it doesn't have any language in a parag gra if the land is in 61a or B so she files an anr and didn't realize in the um after we approved the anr and it went to the assessors I would have expected the assessors to say something but they didn't because they already they already knew it was out because it was filed at the registry I guess um but they can't close on the property because it wasn't a officially done through the planning board which then goes through the select board we have to wave our right of first refusal for that parcel officially and then it goes to select board to I think open space looks at anrs now too um go ahead I just want to mention so this came to the Conservation Commission cuz um this chapter 61 things wrer first refusal to go to Conservation Commission that's right too so we looked at it last night and we looked there was no Wetlands or anything there so we had no interest in in any WR of first refusal as from the Conservation Commission so we signed off on the anr so officially now we're being asked to uh wave our right a first refusal that we have no interest in that parcel U because it's not uh connected to anything really um it is actually uh a piece of it is connected to that new Conservation Area that on the Courtney property on pom meow Road however they have their own entrance um and access off of pay Meadow uh themselves so could uh could I have a motion that we wave our right for lot three are on palom Meadow Road some second motion made by uh Paul and seconded by Dan PA favor I I thank you um that's that I have a warrant tonight uh Richard Harris submitted his bill you have that in your packet for his Services uh for September and October 25692 um approximately half of that is coming out of arpa funds because it's for zoning uh work we've been doing and the other um balance of that comes out of our regular revolving fund so I'm asking for a um approval for his invoice of 20569 2 I move that we accept the invoice from Rich for 2056 92 second motion made by Mark and seconded by danan all in favor I I so that's any any other reports from anybody on committees or just comments in general that was the the thing I mentioned about the Conservation Commission was the only thing I was going toing up about the that chapter 60 land prary metal yeah yep yep so there's that and I think I mentioned the last meeting to George Russell's now asked for uh any solar ground Mount installations to get the plans on just so he can um verify there's no wetman issues or anything wherever the placement is going to be so having no other business I'll ask for a motion to adjourn all motion that we adjourn second motion made by Mark by Dan all in favor I that's fine I came back for this e