##VIDEO ID:s5pqGWDYlog## we will open up the meeting for the planning board for Tuesday November 12th 2024 this is being conducted in a hybrid manner pursuant to the general laws if anybody's recording that is fine you just need to let us know okay hearing nothing um we will move on to the town planners report 7 o' P.M thank you very much Mr chair okay wanted to share uh with the board that I met with an owner's representative uh for 42 Depot Street the condominium community that was permitted a few years back we are coming up on the date in which that uh her extended decision would lapse that comes in December um I think I brought it up to the board a few weeks back uh that thec Associates had coordinated certain what I interpreted to the intentions for demolition uh and clearing and so on and so forth to initiate the project um but I least wanted to share with before that that individual was here at um town hall to speak with Mr Scott over at the building department U he stopped in uh for an introduction um and uh although I don't uh I haven't seen a copy of it I believe he also submitted to extend the order conditions for conservation um for that project uh reaching out on their behalf also was Dwight Scott um I think he's out of East but he's a a general contractor that um both Kyle Scott and I are familiar with from previous work here in town looks like he's going to be The Driver forced behind the execution on the ground for that project so looks like it'll be uh getting off the ground in the coming weeks other than tearing down what's there you know what I mean that to me is not meeting the requir of the necessarily you know that they have other intentions beyond that uh as communicated to me their intention is to frankly swiftly move forward with permitting and Construction in Mass Earth movement so those three the elements that we DET touched upon uh which really amount to site preparation uh so removal of existing structures uh theing of vegetation um establishment of origin segmentation controls and then Mass Earth movement I expect going to be if you go the three steps that they're focused on in the coming months and probably will be into the spring associated with that would be the establishment of your construction access um uh out there but I don't expect that vertical construction will be commencing no but I mean the idea is to do something before December right or whatever December whatever it is at the best time to be putting equipment into the room dir wouldn't have been my um my choice either okay I mean I'm sure the police department is very happy if they're going to tear down that building buildings there was even some discussion today about the fire department using it for certain exercises they're part of that process but nonetheless yeah that they're in right now not sure the fire department necessarily maybe inside is not going should conduct the exercise uh so uh okay I'll be happy to share upates as that come down the line with the uh right thank you shortterm rentals I I think and I apologize the last meeting I my memb is a little fuzzy um but I wanted to share with the board that there had been a number of complaints submitted through the building department about some some properties being used as short-term rentals uh here in town uh and that fundamentally was we're going to call it the final kick to Spur into to motion the building department perance process um associated with all that you will see a copy of a c Andis letter that was distributed today it looks like uh the numerous complaints areed actually refering to a single property so it's just one letter in everybody's uh packet but to that end there are I did participate in the preparation um of forms uh so the so the border of Health the build department and I'm collaborating to get that rolling let's see yeah actually let me just say I could I would prefer next time if we if I could do so without a user to go without process about which process about enforcement process for the short time oh right I did not see said article yeah came up what the select word that [Music] word that seems less that I also couldn't quite understand how wanted figure out neighbors came I'm sure there's a very good reason so but I'm glad there's a process in place and we can let's see 771 College Highway the Dollar General project uh everybody has a copy of an order ofand from Land court that essentially uh in case that the planning board will be opening and holding a public remand hearing the public notice posting publication will be given for soon to requirements General law um at which point we will consider modifications to the decision and say that with a slight question mark uh if only that uh this would be my first opportunity to go through this in a formal uh fashion as opposed to observing the results from the outside um and then filing that decision with the town court we will see uh what develops at that public but I will set up at this point I've got room to open that up this needs to conclude let's see I'm Sorry by December 17th so I can advertise that for December 3D see you know that might be the most through ra uh stepped forward um yeah and obviously I mean I think it's it's treated as if it's a regular public hearing special permit right so all the abouts get notice and yes and I'm sorry the word I left out as I was read was the court vacating the decision uh the planning board decision so put all the ones that prob in the beginning I may not have if do so um yeah a couple so I guess a couple things on your to-do list obviously put this on for public hearing um secondly um Town Council needs to come we need to do an executive session is that the next meeting December 3rd yes all right so excuse me Mike I'm not going to be available at all SE I mean December 1 push it off two weeks or I can't do that um up to you no I think you I I think you should be there um with how it went the first time so that's appropriate um I'll be in year uh what's the next meeting after that the 17th okay the same date which so and that actually is probably better so why don't we put it on for executive session so that can just be done at the end of the meeting on the third on the thir so that Town Council can explain um and um then we'll put it on for public hearing on the 17th um so I thought it said our decision has to be done by December 15 was what is or is that when it needs to be opened by what is that yeah I mean I'm I putting some my annoyance with the whole thing um I I don't think it's appropriate if dick can't I didn't know that dick can't be there um I sort of thought that the best course of action would be to say do this with you know all due speed that you can do uh rather than put a specific date on it so that we have a little bit of time for any issues that come up um but it seems it doesn't seem appropriate to me to to put this on for a public hearing if it can't be there when was one of the people who voted against it the begin right um so um following the remand of the Court though and then if we don't issue a decision they get to take it back right that's the wording of theand my my my point of view on this is [Music] um I mean do can do we need to schedule another meeting so that we don't run a foul of Court's order well I don't I mean I guess number one I think we're complying with it number two is if they really want to complain about it then they can complain and they can continue on with the litigation rather than have us hold a public hearing which I can tell you in all likelihood will go their way so um I don't think that there's any real chance that they're going to yell and scream if it happens on January whatever versus December 13th but I mean I think we complied but on December 17th we are opening and holding a public remand hearing we have why would that court order okay I I'm not the lawyer I wasn't in the room and agreed to it so that's good yeah you necessarily have to close it it does not and so I mean I I think again I would be happy to do it on the third but I just don't think that that's appropriate it's not going to be there um I said this is the exact sort of thing that I want to sort of avoid but um so we will put that on um I would expect that they will be here on the third was told that they would be available to do the executive session so they can come and explain thank you um I can tell you that my ition after that um well it may be should be done before that is to put on for a public hearing to uh revise um why am we blanking on sections now 185 let's the 17 7 or9 n right um special permit section and the business restricted such so I don't see how we can not do that um and I can also say that my expectation would be that there will be significant imput in Town Council as to how those should be revised um because as of right now I'm understanding is that they're not so I think that needs to be on sooner rather than later because that's obviously going to have to go to time meeting um I know if we can get done before whatever time meeting potentially this this fall or winter whatever this point okay I'll coordinate uh with you on some of the specifics but make sure we get that request in front of the select you know I clear the entire PS that are invalid there parts but the question so to be okay uh in lighter news 95 sheep Pasture Road uh there were we most recently know of that property through some anr efforts um in the past year or two that's a ex s shoot pasture down up over the hill and down to Great Brook um there was a complaint submitted uh with concerns about land clearing and grubbing without storm water permit Randy and I both uh visited site to the extent possible and viewable from both the right of way and from some adjacent property um Randy has had some interaction with the owners out there um if you want an opinion uh from me I think that the 1acre thresold has been tripped but we'll certainly know for sure over the next couple months when new areas are um and we'll see if any enforcement activi is necessary uh anything else I have to share we're going to run through when we get to discussion and business items appreciate it uh all right5 public comment anybody have anything for the board tonight that is not on the agenda okay hearing nothing s 10 need public hearing for six South lus Streets following um our last meeting uh I did coordinate with Town Council to confirm um the validity of applying fire department policy for requirements of ssts uh to this particular project valid if you will through the fact that they are uh they appli for special permit and the number of blocks tricks the fire department boxs we'll see how that shakes out but uh I shared that with the applicant um and a request for some devised language in their shared driveway um so we have a request for continuance um that's available agenda 36 62a 710 third um yeah so why don't put that at 715 uh so do I hear a motion to continue the public hearing for 6 sou to 7:15 on December Dave second I I David S I Jessica Thor and I okay uh Jesse s here why don't we take you um this is the discussion item evaluation infrastructure security no Pro um with John Jesse do you um we stand this I'll give a a 30 second I intro um Jesse attended a regular meeting today over at DPW with uh Randy rbac by myself in Gold Parker attended as well um where we reviewed some preliminary uh house figures um and took um another look at the projected schedule for completion of infrastructure work there Jesse want to take from that point yeah basically uh I provided Randy and and John with a a summary of items that are left as of as of last Friday um we're still continuing working out there on a on a weekly basis um but my values were based off of Last Friday and Randy had a couple comments for me putting a couple more things into detail uh pricing wise so I'm going to go back and revise that we're going to meet in another two weeks to come up with a a more um concrete uh um number and he's going to look at his and you know same deal we're going to discuss it again um all all while continuing to work out there um you know our goal is trying to get the sidewalks and the curbing all the way up to where the cross is and um and we're we're pretty close to doing this and still some stuff that'll be left for the Springs yeah we're GNA have to the paving can't happen until the crossing and I don't know how update to date you guys are with the crossing but instead of having a normal conservation restriction we ended up having to have a um a mass D 401 Water Quality permit that's what we had to apply for and instead of it just being a regular two foot by 3 foot box cover it turned into I don't know the exact size because Terry Reynolds hasn't finished a design yet but it's probably going to be like an 8 to 10 foot wide by 80 80 to 90 foot long uh Metal Bridge so um that's where we're at right now um you know well Terry's working on the design there's a draft in place but and that John has Johnny and Randy a both have a copy of it once that gets approve yeah yeah y but we're diligently working at it and you know I'm meeting with those guys every two weeks to update them on our progress out there or whatever hiccups we might have what not uh so if we uh look to the Future uh in roughly two weeks time uh we'll be uh sitting down with us with a more detailed look specifically I think for crossing um R you'll have is the preliminary figures there's a bit of a compare and contrast um and to be fair Randy working on behalf of the municipality is going to be a little more conservative than Jesse and certainly his internal costs project are different from what we have to contract out of um but the goal is to have if you will um those sets of figures put together so that the board has um uh a number frankly to review at our December third meeting all right okay thank you good night uh that's a placeholder I have no new news evening um s r placeholder yeah Noe uh trying to get some action out of this so the way we left the last meeting was have a more a better understanding of perhaps the con the storm maret issues out there right what were they what's it going to cost um let me start this uh discussion uh with my uh opinion my opinion is I I would advise the planning board at this time to we have to issue a recommendation uh issue a negative recommendation um based upon two primary factors um in addition to Randy Brown's summary of the bement out there um missing monumentation and a number of called missing steps and the ASB um the two factors that I think we should cite uh in that recommendation include the storm water infrastructure did review conservations file for the project as you might imagine there was an order conditions issued for the entire project when storm water issues at lot 20 which is roughly halfway um along the distance of stair drive up uh when those issues were um made aware uh to conservation and others in town uh a home project was proposed constructed after others in the area but this also being the same lot where there was a storm water conveyance uh that conveyance was an open sale after a pipe there was some blockage at the pipe and along the sale and it discharged into a small non-jurisdictional we're to call Pond but basically a depression that held water that um de ression and the soil um being blocked with sediment allow water during certain storm events to actually get discharg on the property directly down gradient that residential property that whole issue and then the proposal for development at that property with the storm water um conveyances upon it led to a permit Amendment a conservation per Amendment uh to relocate that pond if you will that sponge if you will to receive some storm water flows further back into the property lengthen the soil um armor armor with stone and so on and so forth uh I was able to view some of that St conveyance earlier uh this year um while conducting an an inspection at the abas reest of the DPW the conveyance had been reconfigured at some point in time um to a pipe conveyance uh which has some benefits and some detriments uh the most significant to me being observation fact that the pipe was right at the surface of the ground it wasn't sufficiently deep and heating had caused separation along that pip I don't think enough at this at that time to cause water to be ejected from the pipe certainly it's an indication of okay this wasn't constructed properly and I don't believe that there was a um end of that now Ty conveyance having said all that what does it mean about the remaining work that could be done out there uh at some point in [Music] time after storm water work at that part so uh conservation did see fit to release um funds held security for the completion of that project however they did not issue a certificate compliance because I think the discussion that time was focused just at that lot and some of the stone water changes which may have now subsequently been altered the observation at the end of this is that there's an open order conditions um for that particular project nothing that the planning board has any control over but as we look to providing a recommendation um it's problematic there's an easement shown on subdivision plans for that storm water conveyance and the bond area but that easement was uh never recorded against the deed uh for that particular property or transferred to the town or anything so now we have a stor Mark conveyance on private property uh and so the idea of okay what the town if if the town were to be the project proponent behind us go in there to step in to remediate whatever issue there may be at least to construct that sale properly well it's work now on private property right now there's not an easement for it although everybody May benefit from of storm water across that property uh and we don't know what would be necessary to return or sa that particular some water conveyance back to function how much space it may take what how it fits into days um conservation regulations versus when that was originally permitted there may be other options try to consolidate storm water into a single convenience but the bottom line is that's a big open question mark uh perhaps one of equal significance U would be the fact that there is a storm water sstn no excuse me I'm sorry fire system at that property um is not maintained by a homeowners association uh the fire department periodically goes out there and I'm going to use the term inspect but we're just going to say uh looks at it right say okay can this be used does it function uh I spoke with Brian Schneider over at the uh C department and he let me know that their last inspection just recently indicated that it was not um it was not available for pulling water from something that was deficient that needed repair in the sister so the whole idea is my head is that okay there's a a fire sister out there that's not being maintained by either the town or Homeowner Association or the developer um it needs some repairs needs to be brought back to a functional condition and it needs to be maintained I think that needs to be if the town were trying to speak acceptance or town wanted to take ownership with go of that responsibility it needs to be funded it needs to be a solution uh forward that's a lot of talk about I guess two important issues but I think there has to be a path charted and I know that's a little nebulous uh to just throw out there if the select board would like a recommendation based on the information we have today I think that um again in my opinion the recommendation would be against uh pursuing acceptance until we chart a pth so we looked really at the globalist uh costs associated with this um and how to get funded and that will list including if you will the deficiencies that Randy Brown shared in his correspondence you talk about H is there actually out there I do not I do not know yeah but I mean you my awareness doesn't uh confirm its existence or or not but I just think you have to I me the other part of it is you have to figure out before yes you do have to figure out a path forward you yes you have to figure out funding for that to but which is important but if it's all going to be on town anyway it's I of doesn't matter enely so I think you the big thing is you just got to figure out what if anything you can do with either the private homeowner on that particular lot or I think arguably every homeowner could get an assessment for um SST repair um as a member of a non-existent Home Association those right so and I don't know you could do that but I mean I think they just least have to explore whether those are feasible and whether they want to or should do those um before they take any action because then you're putting it in the hands of okay we're going to take it over so why would you ever agree to do anything so I think have to figure that out once they get pass all that those issues and it's all Town based and it's I think to your point you're saying it all com in the same city in the end it's just a matter of uh uring buying uh from the residents expected by the defici infrastructure well I mean I don't know enough about I haven't looked at any but right the order of conditions ran with the property so whoever owns that property right now has an open order and conditions and possibly refu the entire subdivis to respect that good R is in jurisdiction correct I mean I just I don't and I'm not saying that you should pursue those or not but I mean you know I think you just have to figure out what the position of the town is going to be in doing that and then if it's going to be just we're spending Town money to get this up to far for accepting the road then as long as that is sort of a condition to be satisfied then I you know I wouldn't have a problem accepting it as long as that's done so and it's up to the there other people to around how that's being funded and executed Mr chair would it bring you Joy if I were to pen um a letter to try to communicate those points beyond what you would believe um so if it would bring you and any other planning board member uh Joy then I'm happy to you take a step to try to communicate that and if you will wrap up this particular request and I would say attached you know uh ry's I don't know if you have anything um that you've generated but you know attach ry's comments so they have that AB Absolutely I'll make sure that uh I share that with everyone for the next Mee how about that um 772 774 so I added this to today's agenda for a very limited discussion as a followup very as I put down um to my report last week Dr walls and I had met um and we talked about what to do with the residential units um putting them in to the primary structure closest to College Highway um it was not palatable to him amongst other reasons because it uh throws the square footage of the building into a fire suppression requirement category um in contemplating moving those residential units over to the warehouses uh career uh the concern was that was that going to provide a quality living experience um for residence uh so I have let see if I can share this please a schematic one thank you schematic that Dr Wall shared with me uh where he proposes to locate the uh two residential units that were proposed in the main building highway to their own Standalone structure what they call this act the rear property um in the same vein as our uh initial discussion about reconfiguring and take a closer look at this project um I wanted to draw the planing board into this discussion uh I think the implanation was that if you want to make changes please bring it forward as a as a special permit modification I don't think that uh would change with this but uh suppose the idea is to take the temperature what we see here if the board is so inclined to share I did share with Dr Wells that any residential component would need to have um safe pedest in access to the College Highway volage to drive John I'm sorry what would the driveway for the residential units where would that be so his proposal would be to have them access directly off of this this turnaround called is act the end of the the Eastern extent of the drive straight in parking where so You' be uh the my interpretation of this would be uh to have this side by side um units and so your parking would be in at least one garage a piece and one space out in front of the garages I'm taking a lead here I'm just intereting from the information we see us so the driveway to the residential unit would be on the north side of the project is that correct that is correct as it sit today fair enough my initial thought is that just it sort of complet the purpose ofal space space see exactly what it says I'm assuming I think if you take a look at our business restricted Zone which is where this is right John that's uh that's correct um under Section D7 it brings out to maintain the intent of the business restricted Zone any residential uses allowed as a part of a mixed Ed development should be located above the floor or street level of the building or in the first floor portions of the building that do not front the street or have access on the street Frontage I would looking at this this is a single family home home being built at the end of a cold sack in the business restricted Zone it's not exactly a mixed use yeah thank you that's what I thought I mean I kind of had that in my head I it's giving R the benefit of that you know maybe he has a way around it I don't know um but I I'm pretty sure that's that's at least the intent and it sounds like it is specified in there so I'm not sure there's a way around it so I'm happy to listen to it but I and we can have further discussion about that um but otherwise I you know regardless it's going to be need need to be put on for a modification that's the path that they're going thank you I appreciate that um just since this is under discussion to add some text out to question uh bear with me D7 right any residential use is allowed as part of a mixed use development shall be located above the floor street level of the building or in first floor portions of the building that do not fromont the street I have access on the street Frontage to be fair I know if we uh having had uh similar experience and discussions along College Highway about the this mixed use component of the bylaw we might word it a little differently today but I want to uh bring to the board's attention that we do have a standalone residential unit um over country out of sales and there may be some opportunity within that D7 with flexibility is that grandfa in that was so yes or no didn't love that one understood to be fair there's every site offers unique opportunities and that may have been the proper opportunity for that location that's fair ah there be anything in that decision to talks about that or we just need to go back and what we discussed course I um yes I don't believe there's enough specificity to to lean on a your deis having said that much i' be happy to begin that review process and perhaps you didn't share that with sub it's separate building is there any connection right now oh I'm sorry over yeah I'm sorry which which decision are you talking about because I was not I'm sorry I'm thinking about Country Auto so in Country Auto there's a building in the front right think something different no I think you're correct that garage that the operations center for the building in the back is Standalone or was there any connections two seconds we can answer that this is we're together now right it's stand alone it's Standalone yeah s is correct which having shared that for further discussion I do find to be rather specific and that may change even the feasibility of what has been shared with us today I I I'd have to go back to look at our discussion on Country AO to me p a was trying to make use of what existed that one there was that one your point that was a that was a there was a pering path forward to resume by last residential use did that go into theal no it was before that so we were able it was cleaning up as it sat so perhaps it's apples and oranges I just got to go back and look at it I mean you know I do like to be consistent but that language is pretty clear if he screwed up P I'm not sure that means doesn't mean um you know and that one to be you know it's a screw up that it's justifiable home because you had a building that was going you know was there um this one's just trying to change what it already got through okay I will I think I'm hearing a a feedback from the board accurately and I'll have to share that with Mr wal I mean and but the other question it doesn't change the permit that is granted and how that needs to play out but I mean I guess I don't know if it applies in V zones but this this changeed completely in February they're allowed to put in um I think because well it depends as suppos is the ultimate answer we're not we're not there yet I think I have a little more add to this discussion in just another item or two um so it's not the by right element since the since single fend homes are not permitted um by right in the business restricted Zone that's then that's the this is coming from the stat yes stat so it's so it's limited only to where single family is allow fire and that're okay yes thank you I'll be happy to share that feedback okay uh need to do a [Music] decision any anrs or no fantastic planning board member comments I'll throw out a staff you'll entertain it uh yes I'm sorry I didn't say that I should that's okay over there so I planning board members um I shared I think I shared just uh uh last Wednesday or Thursday um a request that if you have any uh suggested modifications to that initial accessory dwelling unit um bylaw that I U borrowed and penned and and broke up and now don't like it very much but nonetheless if you have any suggestions please share those with me the idea is we're going back to the discussion of the Zone degrees out here don't know how I got my sing signals crossed um or why it's a what I heard for gospel but the bottom line is if we uh if the select board has been presented with the draft and that draft is available and the public at the time at which we post our legal ad post with the town for um and send out the necessary mailings for that bylaw change then that uh will essentially free Zoning for a period of up to six months uh to the to the town meeting in May it will not be uh our winter um special time meeting the reason why I'm asking for any modifications is to try to get this as close as possible to something that um we there the planning board right if you all may uh present to town meeting to try to be as comprehensive as possible I have spoken at significantly about the topic with Town Council guess what it's new there's not a whole lot of guidance yet there is some guidance coming from the state presumably in December uh Town council's advice was to reach out to my contact over pdpc um surely they are assisting other communities and are immersed in this topic to a greater degree than having said all of that we have there are a couple of uh issues I won't drag you way into the Weeds on this but the bottom line is uh we will need to modify our sight plan review if that's what we're going to lean on for bringing in these will now buy access for draing units oh there's a word to in there where uh everything except for a single family home accessory structure to that we have to modify that section right there so we can exclude exess D units from that exclusion site plan review uh there remains uh a number of questions related to uh if you're in a district that allows single family homes by right but if your parcel doesn't allow a bu rting for example uh an estate fund right I need to have an understanding I think we should have an understanding okay is that an appropriate location for an accessive growing unit what does that do to already I'll use the term compromised or at least very specifically designed access in a similar fashion what does it do to a common way to potentially double the number of dwellings served by it oh gosh what about 36 not uh common drive usest so uh it's a moving Target but I do welcome any um suggestions my intention would be to after those suggestions share them again with the select board we do have a recommendation excuse me referral to hold the public during but I would share them uh once again get red and open that public hearing I think I need to buy myself a little bit of time I think we need to get whatever guidance guidance is provided by the state in December I expect that's going to be follow as January T off and make some sense out of it looks like we have some other bylaws to modify as well thank you uh minutes approval anybody get a chance to look at the 28 you have a revised there with Jessica's modifications uh do I hear a motion to approve the minutes for May 28 Dave so move second call vote Michael D i Dave I I David sh and I Jessica Thor and I nothing else I make a motion to close down the zoom meeting B second all right all those in favor say I all have a good evening