##VIDEO ID:hYPIrXZ_Vow## e e e e e e e e Damas and welcome to the select Board hearing of January 7th 2025 and can we have the Pledge of Allegiance Moren yes please please join me of the United States of America and the rep One Nation God indivisible with liberty and justice for all thank you okay all right uh please come daughter thank you can we have an approval of the minutes of December 17th approve of the minutes of December 17 2024 before we do that uh Mr deoko is joining us from overseas so tonight all votes will be taken by roll call welcome D thank you for joining us thank you very much thank you I hear you well we're good now can we have approval of the minutes for December 17th approve of the minutes of December 17 2024 Mr chairman is there a second second discussion heing none all in favor I I oose None thank you roll call roll call please I the clerk will call the roll for the motion on the minutes Joko yes Bernard yes Bennett yes Bean yes Mills yes thank you all right now we'll get into it uh now for new public business anyone has any comments uh two minutes you allowed anyone interested bill on the back Bill Brad stre Tommy M Precinct one I mentioned at a prior meeting about the town uh acknowledging the stewards of the land that we now occupy uh I'll give you this a copy of this when the human rights and inclusion have their meetings they start with that kind of acknowledgement I think it'd be nice if the town did more than just a piece of paper or some kind of a monent plaque something appropriate to uh recognize the people who lived here before we took over the land so to speak that sounds appropriate Bill thank you a okay good thanks anyone else new public business welcome hi I'm Ellen Graham I'm in Precinct 4 um I've sent all of you emails I think you've received them Dan and I have talked about it I think the most efficient thing for me to reiterate it is to read it out loud because I really think I feel strongly about it so I wanted to express my concern over the bullying in our community I'm not talking about the children it's actually the adults that have been most concerning there is a damous Facebook page that is constant racist homophobic and transphobic bullying and also targeting or what was called The Hit List of Resident volunteers I also spent 5 hours holding signs at the polls for November election something I've been doing for 25 years and I've never seen such a Despicable display of racist homophobic transphobic bullying with megaphones they had actual megaphones um I also watched as those so-called adults literally whispered in the ears of Middle School boys telling them ways to try to taunt other adults I understand and believe in free speech the reality is it can be ugly I think as a community that has no room for hate we must find a way to be kinder and gentler Community I know we are limited in controlling adults and their behaviors we must try to model to the best of our ability to be inclusive and tolerant of all people that being said we must also call out the bullies I believe the human rights and inclusion committee who have worked with Jasmine to educate us on all all these important subjects be closely involved in help helping to choose the next town manager there they these are the experts in our community on the importance of diversity equity and inclusion and I believe our town manager should be well-versed in working to building more tolerance in our community I know I've talked to Dan and I understand Jasmine no longer works for the town I think we need to fill that position as soon as possible I also understand we're waiting for the town manager until we fill some of those positions but I think it's really important for for our town managed to address a very difficult subject and I think someone from that committee would help that process thank you thank you for your comments and if I may I appreciate you standing up and speaking out I've spoken to a number of our leaders in the community and ask them why not speaking out why they're not speaking up so thank you for doing it I think it's important for all of us thanks thank you thank you Elman anyone else new public business okay we'll go to number three the board will consider the application by Joyce buer event manager St Mary School 14 OD Street for one day wine and malt license on Friday January 10th 2025 6 to9 p.m. for music Bingo to be held in the gym is Joyce here here I am welcome hi introduce yourself for the folks at home I'm Joyce buer the administrative assistant at St Mary's of the enunciation on Otis Street which is a prek through grade8 school so we have a very successful from when my kids with air Candy Bar Bingo for kids and this is the second time we're coming before you to request a one-day liquor license the last one we had 86 attendees so it's not a huge crowd the application on yes is okay questions Morin no questions Mike uh no questions thank you David thank you no okay D at home in Europe any questions no no questions no thanks thank you what's the will of the board move to approve as as applied second okay take the roll call please Joko yes Berard yes Bennett yes Bean yes bills yes yep 5 Zer Joyce thanks for coming out this cold night good [Laughter] luck number four a public hearing will be held on the application of uh a construction company improvement company Nancy mccan attorney representing to occupy the public way in front of 17 Elm Street during the construction of a new mixed use commercial and residential building specific timeline to be determined based on presentation welcome Nancy and please introduce your your guest there thank you very much I'm Nancy mccan I'm an attorney here in Danvers and with me tonight is Rodrigo gamz gz thank gamz from the president of gz constructions and improvements Inc and we have filed an application to occupy the public way including the sidewalk adjacent to the property at 17 Elm Street uh portion of which is along Elm Street and page street during the Reconstruction uh of a mixed use project at 17 Elm Street that project has been fully permitted through the planning board um it is a mixed use development with commercial um space on the first floor including a restaurant and a small commercial square footage and then three residential units above um we have submitted a very detailed Construction management plan as well as traffic management plan that includes uh each phase of the construction with plans associated with those uh individual phases so that the board knows exactly what's going on in each of the phases I did summarize that um uh those two plans this CMP and the TMP in my letter to the board of January 2nd and I'll just highlight a few things um the construction commencement date for phase one is anticipated to be February 1st the completion of the sidewalk op occupation which is uh at the end of phase five is anticipated to be November 29th so we're talking about approximately 10 months for um the full construction uh during the course of construction at the various times as indicated in the plan a 6 high secure chain link fencing with scrim on top um of waterfill Jersey barriers will be used to isolate construction areas from pedestrian traffic along Elm Street and Page Street pedestrian overhead protection will be used in front of the building throughout uh phase three when construction surpasses 8 ft in height sidewalk along Elm Street and Page Street in front of the construction will uh be temporarily closed during phase 1 and two and pedestrians will be directed to use the temporary very accessible sidewalk throughout Phase 2 and these are all noted on the plans for the various phases um in the information that's been provided and overhead pedestrian production uh scaffolding will be removed during phase three when the building facade work is completed uh these two uh documents the CMP and the TMP have been reviewed by The Building Commissioner uh they were revised uh to respond to his comments and that's the final version that you have uh that's been submitted to you and um I believe that's all I have to say uh Rodrigo is here he is the general contractor for this project and he is available to answer any questions you may have thank you thank you we'll start off with what's the definition of anticipated um well that is what we anticipate however um an application for uh the building permit uh is in the process of being uh submitted and reviewed I know the building inspector is in communication with our design team on some building code questions so once the building permit is issued the project would proceed forward we anticipate February 1st but there's always weather conditions that we have to be mindful of as well so that's why I indicated while we anticipate February 1st and that's certainly the start date that we uh we are headed toward and anticipate um the whole process uh perhaps that's a better guideline of 10 months I'm just concerned because the building inspector's letter of January 2nd says that he wasn't confident in your February 1 start date and the full review has not been completed so it begs the question why are you here today and not in the future when you have a firm date well I think we certainly want to start the process and and get before you to make sure that we have met all of your needs H in the plans that have been submitted and then we will have that with the anticipate anticipation of the February start date I think we still anticipate that that will be um the accurate start date but of course the design team and the construction team is working with the Building Commissioner to address any questions he has and he did raise a question of of weather and it's a certainly a legitimate concern yes you may Madam clerk uh the building inspector is here tonight along with Aaron Henry if you have any specific questions I'm aware of that thank you questions from Moren um first of all I think the packet was put together very well um I did read through it the two largest issues were noted of the appropriate egresses and the lack of an elevator which you did explain and um I do like the fact how it was put together with um the public safety you know detailed um really good about the impact of the existing construction projects was really good and the waste the construction waste dumpster I mean that's important we want to make sure it look and the construction hours too are very important too um I'm I'm fine with this then okay thank you Mike um I thought it was really detailed and really well done thank you um there was one thing I saw there was a amount of $2 in there I got about 100 jobs for you if you're free this is going to be done for two bucks no everything looked good to me a lot of good details so no problem David I agree okay d uh no questions thank you Mr manager can we hear from the The Building Commissioner just on his thoughts sure uh Tim hudon our Building Commissioner if you could join us Tim hudon Building Commissioner for the town of Danver um so thank you to Nancy for putting everything together um so this was the second time that we had looked at the plans here the first one I had concerns about the sidewalk remaining open uh especially during the excavation and Foundation phase um so that was corrected in the plan that you see here tonight um like I had mentioned in the email my biggest concern is at this point the start date uh so the preliminary review of the plans showed um one means of egress and no elevator um so in this project an elevator is required from the ground floor all the way up to the roof deck for the amenities for um to meet the the code for 521 CMR which is the Massachusetts architectural access board um so in my mind that is a fairly large redesign potentially of the building um as well as if the second erress needs to be added so I'm not confident in a in a start date of approximately 3 weeks um I'm not sure even if storm water permitting and other issues have been uh addressed to the other departments in the town so even if everything was um up to code in the initial permit application 3 weeks would be close to get an approval uh given the egress in the elevator concerns I don't see any way that this project starts on February 1st um again and that's not even including the weather if we get uh you know a decent snowstorm anything like that you can't um pour concrete on Frozen Ground anything like that so those are concerns that we always have during the winter months so with the two um concerns together I think and again depending on the design team and how they choose to handle it if that's an appeal that goes to the state or whether it's AED design I I I mean I think you're looking at least a couple of months to start correct which I have no concerns with the phases how they're lined out the timelines in the phases or the amount of protection that varies throughout the phases that's all correct that all meets chapter 33 in the State Building Code which is safeguards during construction so all of those concerns were mitigated I don't have any concerns with with the time frame as a whole I just think it's going to shift a couple of months into the future so so I don't really see with us approving it that it helps them get their project done any sooner then they'll have to come back before us with the new start date and new end date if we say February 1 to November 29th what happens at the end when they're not done correct I mean again I I'm less concerned about the Finish date there's certainly a lot of variables that can extend a project even without you know even with a project starting as anticipated so I would be more concerned with the proposed start date of construction um and moving forward from there okay any comments from board members um we'll go with what the building inspector you know suggests I mean he I mean can we St put the St date and if they have to come back then they come back you know I would say that would be up to you we we pick a start date don't say let's leave it as February 1st and if it doesn't happen then they come back before us that what I that's what I would suggest Mr chairman is this is a public hearing anyone in the public with any comments please go to the microphone introduce yourself I'm Karen nastic speak into the microphone Karen nastic lockley Road I'm curious is this another flat topped roof building in town nobody got to I didn't get to see the design of it the answer is yes okay so I think it's I think all this flat top roof is a pause for me for me concern I just learned about this process late in the game and I have I had there's there's I worked on these all pictures of Danvers from from the Centennial booklet and I noticed that all the downtown has a look to it a look that has pointed RS from the all over the down all over the southern part of the Main Street looking North up to the ambulance and um I'm I wish that why can't we just have somebody overlooking the historical nature and I also noticed that the new town manager uh uh write up on on that person also doesn't mention the that Dan is a historical town and we sort of lost that in that we've fact we've built the police department to look like the all Rebecca nurse and now all I appreciate what you're saying what we need is a design Review Committee we tried to do that a number of years ago it didn't go any place that's really where we have to go tonight we're only here to talk about blocking the public sidewalk we're not talking about the design um the elevator is the building inspectors perview our only question is to block the public way or not so it's already given permission for the shape and style of the building he's already gone through the other permitting processes but he's not done yet is the is over danver's Hardware also decided I have no idea that's not before us right now okay but I see somebody from planning shaking his head but that's all that's planned as a purple and white striped building so enjoy it again we need a design Review Committee anyone else in the public okay motion to close the public hearing please make a motion to close public hearing is there a second Mike second we take the role please Joko uh yes I'm okay with uh approving it uh we're closing the public hearing right now the oh yes Bernard yes Bennett yes Bean yes Mills yes okay 5 Z all right what's the will of the board nice so moved Mr chairman move what well close the public hearing we approve we're done yep and then we're going to do um need a specific motion about blocking the public way you want me to make the motion no anybody can make it but it's going to be a specific to closeing the public way with specific dates right so I'll make the motion yeah I'll just make the motion to close the public way and we said February 1st right start date 2024 25 well the applicant says approximately approximately and not so it can't be specific okay then you make it then I'll agree to it I'm not making the motion anyone else want to take a stab Mr Mills your your experience on these matters no I don't want to make a motion but my thoughts are um there seems to be no Prejudice to the town if the matter is approved tonight as is um with the public discussion that weather and other conditions May delay the commencement of this it's not going to change another month is not going to change the location of paage street or or Elm Street or any trffic on it so if the applicant and his attorney are willing to go along with that realizing that um the improbability perhaps of starting February 1st then you will have to come back here um I'm in favor of accommodating the owner who has a great investment in this um and I'm also wondering is the addition of an elevator going to be changing anything having to do with the sidewalk or the street no it will not and if a neighbor were to ask that you would at least consider a peaked roof rather than a flat will you at least listen to the neighbor you don't have make no commitment just that if I always say when someone is dissatisfied with something they see say please and thank you would you consider thus and so and here are my reasons that has nothing to do with the public streets so why don't I just say I have no problem with uh and I will move to approve the application as presented um with the uh understanding that the timeline is probably going to be modified in the future is that your motion David yes Dan thank you is there a second second discussion take the Ro please Joko yes Bernard yes Bennett yes Bean yes Mills yes yep 5 Z thank you very much I'm sure we'll see you back you may have a good night number five a public hearing will be held on two applications of Mag retail Holdings H yd LLC DBA Genesis of danvas 24 Newberry Street danas Matthew McGovern manager class one dealer license and mag retail Holdings hyd LLC DBA mgov hondai of Damas 24 Newberry Street dvis Mass Matthew mcgoverin manager class one dealer license both at that location somebody here to represent mag retail Holdings I am thank you very much my name is Nancy mccan I'm attorney on behalf of the applicant also with me tonight is John Kennedy and Tom Dori from uh McGovern uh Auto Group and the applicant Matthew McGovern uh was called out of town for a funeral and unfortunately he isn't here this evening but uh John Kennedy is vice president and certainly uh able to speak to any questions that you may have uh we have submitted two applications for a class one dealers license uh to operate a dealership for McGovern Hyundai of Danvers and um McGovern Genesis of Danvers at the property located at 24 Newbury Street which is owned by mag uh re Holdings Danver LLC this property is a vacant property it had been originally occupied for many years by sunlife uh outdoor furniture it is an existing building that is approximately 70 300 Square ft the site itself is almost 7 Acres 6.9 Acres it's a large site um and again it has an existing vacant commercial building the applicant is requesting the two class one dealers licenses one for Genesis and one for Hyundai uh to operate a dealership at this location um during construction actually of a new dealership that has been fully approved at 647 Andover Street that's the site of the canes Greenhouse that project has been fully approved by the planning board and commence and uh construction will commence but during the interim where we seek we're seeking the class one license to allow the operation of Hyundai and Genesis at the existing vacant commercial uh site it put make some good use of that site um theg govern has already gone in and started cleaning up that site was a lot of debris in the back that's been removed and so this is a good repurposing uh of that uh that commercial vacant site which we think is a good thing and it also provides uh the needed interim sales uh location for Hyundai and uh Genesis um we anticipate this location to be needed for 12 to 18 months during the course of the construction of the new uh dealership campus um and that again had been full fully permitted by the planning board bu uh in uh I'm sorry that site had fully been permitted the use of 24 Newbury Street the site that we're here for uh also went through the planning board special permit process to allow a dealership to operate there pending of course the class one dealership license um McGovern Auto Group Matt McGovern uh has been in the automotive industry uh sales for many years he operates 24 Dealerships in Massachusetts uh four in New York and two in New Hampshire he has an excellent reputation in the automotive industry this dealership will operate regular dealership type of hours 9 to 7 Monday through Thursday 9 to 6 Friday and Saturday and closed on Sunday we anticipate probably 12 uh sorry 15 to 20 employees on the site there 's ample space for the inventory uh storage there's ample space for customer parking um and again it's a good use um in the interim for uh a vacant property and we have Team here be happy to answer any questions thank you D any questions uh I'm sorry I may have missed it how long is uh are they going to be using the site for again 12 to 18 months 18 months okay that's so thank you okay David sounds very sensible to me Mike um is there any atttention after the 18month U to keep the property and use it for car business or yes uh we be functioning we anticipate that after uh the new dealership is constructed on endover Street um this site would go through a full permitting process for a a new dealership building that's uh that is uh Mr McGovern's anticipated use have both places property you have two places potentially different brands yeah the closest McGovern dealership at this point is uh McGovern uh Land Rover in pey about a mile away okay thank you up yes thank you Morin no makes sense I mean it's great no I'll set a question when you were before the planning board did they discuss uh dumpsters and rubbish pickup uh there certainly was a dumpster shown on the plan so yes yeah and projected times for pickup of the rubbish I don't think we actually discussed that in particular there's a town bylaw that prohibits trash removal prior to 7 a.m. that's correct I see the shake in their head so they understand that okay I won't hear it from where I live but this morning at 5:40 I could hear it downtown all for 20 minutes rubish pickup so hopefully the na in that area won't hear that okay thank you this is a public hearing anyone in the public Sor really just have Mark a there 181 Pine Street has there been any consideration or studies done with the on-ramp right there to Route One I'm I'm sorry there's there's an on-ramp right there on route one has there been any studies about traffic and congestion and um safety Nancy can you answer that there are two existing curb cuts that serve this site at 24 Newbury Street and um those would not be altered or changed um an auto dealership is a very low traffic generator um as the the planning board has certainly come to recognize um purchasing an automobile is done differently now than it used to be you don't roam the Lots on Saturday afternoon with the family and do all that sort of thing you buy your car online and you go to the dealership once maybe twice and and for the pickup so it's very different and uh traffic generation is very low um a traffic study was not required uh by the planning board given the low volume of traffic anticipated for this particular use um I believe as a general study when Cumberland Farms went in um to that right at the ramp there was C certainly a traffic study done um by the planning board at that time I was going to bring that up when D skin trading posts left and the cumin Farms went in there I'm pretty sure there was a traffic study done in those ramps yeah so I think the answer to the question is there was previously yes thank you anyone else Mark Gothia 181 p that um I'm sorry sir I could not hear what you said Mark goth there 181 Pine Street thank you that cumin farms uh gas station is a nightmare to get in and out of very dangerous it's very dangerous yeah from Route One just something to consider just asking the question anyone else motion to close the public hearing please make a motion to close public hearing second take the rooll please this is to close the public hearing Joko yes Bernard yes Bennett yes Bean yes Mills yes what's the will of the board move the application as presented second discussion hearing then take the role please Joko yes Bernard yes Bennett yes Bean yes Mills yes 5 Z thank you very much thank you the board will vote to appoint additional members of the danas Town manager steering committee members on December 30th Mor and I sent out a report on the town manager screening Comm committee along with a copy of the committee charge given the responsibility of the committee we've given serious thought to the makeup of the committee and we are suggesting the following two slates of members from the community to work with Moren and I for your consideration these slates contain five names and rather than debate individuals we have three choices today vote to endorse slate a vote to endorse slate b or vote to have each of us members submit their preferred slate of five from those listed is there a motion motion to accept as you presented thank you now we need a motion that's accepting our report thank you is there a second second take a roll on that piece please Joko yes Bernard yes Bennett yes Bean yes Mills yes so board members you've been provided with three options tonight how would you like to proceed I move to vote to have each member submit their preferred Slate from the five I've uh listed above is there a second second I second take okay nope I'm good yep take the role Joko yes Bennett no Bernard yes Bean yes Mills yes or one that passes okay so now um each individual member will list their file choices from this list of who to serve is this by secret ballot then or well you know I thought about doing one not secret just do it in writing would' announce the winners afterwards or for transparency's sake each member can list the five their five choices well it's up to the board I say transparency is good it is I'll I'll start if you want with submitting is everybody comfortable with that yes okay so we're going to take um from all five of us a name you have the list you keep track please okay okay Moren is first I'm going to go with arthor scus I can go down my list or just all five okay I'm going to go with author scus wal Karen D Kevin burich and Mark Jones Thank You D thank you I'll go with uh Stephen gdof Eric Mitchell coren D AR scarm I'm sorry I'm mispronouncing that name and W typer okay David after scamers Walter typet Corin Dar Eric Mitchell and Steven Groff is it five or six Dan five I think that's five yeah Michael Arthur scas Walter tyer Karan D Karen Kevin baric and Mark Jones arthus scas Eric Mitchell coren Steven gdof and Wally tyer keep as yeah yep five for w yep five for C yep yep thank you so the tally is five votes for Arthur scas five votes for Walter typet three votes for Karen Dar three votes for Eric Mitchell three votes for Steven is off it was five for Karan five for C Karine k y okay thank you all that's good okay I look forward to working with everybody on that committee um I appreciate all that expressed interest in serving on this committee um you taking a vote on that yeah we're going to take a you want to yeah we'll have we have the five yeah so now we just need a vote to appoint them somebody make a motion to appoint the five as a elected so moved is there a second second take the role please can we have this discussion on that what do you want to discuss I want to discuss the um request that was brought forward by Ellen Graham for a member from the human rights and inclusion committee to be included in this committee so if if so if the vote is to close the nominations and appoint or have you and Moren appoint these five persons that's one thing if it is possibly open-ended for the per you know the purpose of having someone from h i that is my goal that there'll be a member from HRC on the search committee thank you David and working with the recruitment advisor is very strongly suggested we have five members maybe seven no more and Moren and I both agreed with that us too makes seven now to go to eight means we got to go to nine oh okay so and then we could get somebody from zoning we could get somebody from planning I mean there's all kinds of boards that we could ask people to serve I think we focused in on people fincom um zoning two Selectmen we actually now we have three fincom members that wasn't my goal but that's what happened um I appreciate Ellen's and Ellen and I did discuss it um and I appreciate the sentiments but I think in the purpose of being expeditious with getting the interviews these are the folks that will do the job my vote my my my nomination my motion then is unconditional so it's for the approval of the Slate as announced thank you or a second second thank you take the role please Joko yes Bernard yes Bennett yes Bean yes mels yes 5 Z good thank you again for all that um volunteered uh hopefully the toward the end of the month we'll be getting uh resumés in we can start in February doing the interviews in private and look forward to bringing some candidates to this full board sometime in March but thank you okay the board will discuss the merits of maintaining two seats on the Beverly airport commission um Mr Town manager can I ask you to give us a little history um for the public I think this is the third or fourth time I've been involved in this conversation of whether to have two members from the town represent us on the commission or take the6 or 7,000 that we would get in taxes um I think we get this conversation um every three or four or five years when we get a new board that's the question that comes up um anything you want to add no I think that I my limited exposure to it is that is the choice we wave the pilot each year um for around $6,700 it's set by Statute so again pursuant to potential legislation in the future to change that calculation that is the amount we would get um and we wave that in exchange for two Representatives on the airport commission I'll open up for conversation discussion Moren well I think about this and we have two Representatives they get all voted anyways right so I mean it's nice to have a representative but if we have Joan lovelyy and Sally Karns trying to be there um I mean we want the representative but I don't think it really goes anywhere I was impressed with um them coming before us last time trying to be transparent we do have a lot of concerns for the residents we want to make sure but um I don't know i' kind of vote to take the tax money at this point um but anybody can always go to those meetings so that's what I would do i' I'd vote to take uh the $6,700 D um thank you Mr chairman I've been torn about this for some time and I will kind of agree with Morin uh but I would also say that that will also require us as a board to be more uh attentive not that we were not but more I'm looking for the right maybe aggressive into making inquiries and having meetings like the one we had uh last time uh but I will I will go with getting the tax money David um excuse me was Dave finished um Dan I wonder if it's it's possible for us to hear from Aaron who was uh a one of our representatives to that board as to what he thinks the value is of having a danvas person on that board and I note that Dr kasaan um was that your uncle who did my teeth and you Mr or doctor Mr caraman who is currently uh one of the town's representatives to the board if you're willing to give us your Frank Opinion is does it make any difference for us to be there and in the background if I may say I heard G A tras I think it was at our last meeting or very recently give an explanation of the three part levels of government that absolutely destroy the opportunity of this board to do anything positive and productive with respect to that enormous nuisance that plagues Our Town Gardner explained it very very well we have very very limited ability to control uh the state through two of its agencies and through the legislature has some ability to alleviate our but it's never going to happen because anything that our legislators want to do with respect to Beverly airport would be crushed over by the lobbying power of all of those Mass airplane companies Delta americ and all of them who control the decisions with respect to airports and then finally um the thought the the even suggestion that our one Congress member Keith Molton could do anything with the FAA in view of the power of the airline industry in this nation to change rules I thought gardna said it brilliantly and I understand that nobody wants to hear what he says and I am an old lawyer as you've heard and unfortunately I always go by the rules and say well what is the rule and that is the rule that we haven't got a prayer now that being said talking is always helpful please and thank you is always helpful in some situations so I wonder if Mr caraan and Aaron would be able to plug in on this should we remain or should we just David can I take back control of the meeting oh that's enough Dan all right did I say enough no you did thank you yeah okay but I want to know if Mike wants to speak before we ask Aaron Bill to speak oh sorry Mike no you're doing good I didn't want didn't want to interrupt um I think we need a uh our own five person action committee um forget the two seats we don't seem to gain any ground we could have our own traction people that are willing to work in they going to have to um search out every Avenue uh to get what we need and and possibly get some more tax money out of it the $6,000 plus dollars is $6,000 you can blow that in a tire for an escavator so um so I don't know that it's half a roof what's that it's half a roof yeah right so I just think we need our own town committee that's focused solely on that with people that are are willing to do the work and we'll dig in and uh I think we'd have more power interesting concept Aaron would you care to weigh in or not I think you know the question been I know the question um good evening board Aaron Henry uh the town's director of land use and community services and and a commissioner at the airport for the last six and a half years um I think it's something I've struggled with as a representative I know what the community wants you to do as their representative on the board but you also take an oath of office for you know the in the Beverly City Clerks about uh it's similar to being a water sewer commissioner you have a fiduciary responsibility to run the Enterprise fund appropriately and it's it's a it's a feels like an inherent conflict when I know what the residents want to be done but you're kind of hamstrung by such responsibilities um if it's the desire of the community that the airport is not a land use that we wish to support because we wish it weren't there it does seem difficult to then put residents on that commission and expect them to try to unwind it or undo it or it's not its nature um when you're on the commission that's not the nature of the commission so I think if this board wants to go a different way as Mr Bean articulates you might be able to do more advocacy outside of that process then certainly um it's something this community has not tried since the early 90s when this Arrangement was first made um that said I would say that I think the current membership of the uh Beverly airport commission has I know we have not done enough to satisfy all but I think the last 12 to 18 months there's been a great deal of progress made on understanding the issues and the impacts that affect the danvers's um side of the airport in particular um and I think that progress is real and has made a difference but again if it's the desire of the board to go in a different direction and have a stronger advocacy around limiting that it's difficult to I would I think it would be difficult to do that and Beyond the commission but I would I don't know if we want to hear from Mr cassan I know he has he's been at the airport very long time speak thank you thank you Aaron good evening I'm William Caan 7 Fairview Street Danver I am one of the two airport Commissioners elected by the town of Danver I've been in that position for approximately 18 months previous to that I've act as an Envoy to the Beverly commission for since since the year 2000 I take my position very seriously I also take the cons the concept of representation very very seriously attorney Mills I agree with your observation we are badly outnumbered but we're faced with a situation of of balance $6,000 what is that that's a week's vacation versus representation that's America representation is America in fact I'm going to go off on a slightly different difference here we have two Representatives on a board of nine Commissioners there we're not getting dealt a a good hand of cards we are politically undermined Beverly airport is occupied probably about a little over 50% by Beverly and around 45% in Danver the board should consist of four representatives from daners five representatives from Beverly with a super majority required for any and all decisions period okay uh I'll give a couple examples of where I'm coming from um I go to meetings every month and I see my constituents who I take very seriously I've heard from pretty much all of them they go there every month they make their comments and complaints whatever and they are acknowledged but to the best of my knowledge they have not been responded to and I really have a problem with that last Friday we had a meeting regarding an appeal on an environmental issue to be honest I've lost the particulars of it but it had gotten lost in the shuffle and we met out in the cold and I had called Sally curin Joan lovelyy even um Molt's office to come and join me and at that meeting I was the only one only representative there representing the town of Danvers okay so I take the matter very seriously I'm stood out there freezing with everybody else supporting this issue okay I realized that from your position there's bigger fish to fry so to speak but please don't surrender that I don't think the town of danis can seeded the land the Beverly airport to Beverly they right they have ridden rough shot over us not the current commission the current commission are very good people they're very very good people I'm very pleased to work with them however previously you had an airport manager whose career aspirations took us down a lane which has become very very controversial we're about to enter a phase where a lot more angst is going to be sounded out and I really think that we should not only keep the two but we should expand to for ex demand a revision of the charter governing that and we need to dig our heels in again please weigh in $6,000 versus America representation thank you very much R time thank you Bill so Mike has an idea of a committee of five bill is right we should have four seats there to be fair I certainly think the impact of Beverly airport on our residents require active engagement by the town to ensure appropriate mitigation or an alternative approach to just give up to two seats for $6,000 makes no sense to me at all I I think we need to give this more thought we're not taking a vote tonight I just wanted to have a conversation um two of the members willing to give up the two seats um and I'll ask you to think more about that um can we advocate for four seats to get to four seats on that is there yeah is there a process to do check I mean I'm sure we could Advocate through Town Council but again that's their Charter is set again I refer to Aaron who's been a commissioner for six years but I assume we have no legal standing to make that request it would be I my understanding of the the deal that we operate under now is that was a handshake agreement between the board of selectman in the early 90s with then mayor um scanland and that that deal has basically been just a handshake since if I can offer a comment any vote we take doesn't is not beholden on future boards that handshake was was then this is now through you Mr chairman just to Aaron's point I think the handshake is that at any point we could have zero seats if the city of Beverly chose correct that's my understanding okay if they chose yes it's it's it is their commission they own the property and I know um Mr cassan saying like you know the Beverly airport bought land in Danvers you know decades ago they're a property owner that owned in Danvers um and again that representation question was raised in the 90s and that was a political solution I don't believe it's in their Charter I don't believe I've not seen any documentation out of the city of Beverly that says there's two seats given to Danvers or it's just a you know their law says that that's a nine-member commission and they can appoint whomever they wish to those nine seats and they've afforded the town of Danvers two of those seats if we wanted to talk about additional representation I think that would be an approaching uh mayor kahill's office and see what uh the temperature is are there nine seats filled now I think we're at seven right now if I'm not mistaken I think there are two vacancies maybe eight yeah maybe eight y I apologize okay all right so Dan yes please uh Dan perhaps number one I think that Mike's suggestion minute of your suggestion of not giving up Mike's suggestion of having concentrated citizen effort not withstanding the frustrations of history and asking the Town Council either through any new committee or just asking the town manager to ask the Town Council for an opinion how and to what extent does the the town have the right or the ability to seek expansion of the number of um commission members so that the end balance is five and four so it may be the amendment of some Charter maybe it may have to go to the land court for a determination of what the handshake meant then and what it means now but I'd say let's not let it die and I am convinced that we should not abandon the two seats and that we should um go forward to make it four and five seats seems to me ultimately Fair thank you you rney can we start doing some investigating y absolutely with town councel and maybe reaching out to um mayor kahill's office to see the take the temperature of us getting additional seats yeah because that would change it if you know inad of to would help and then we'll keep Mike's idea um alive as well um it maybe my idea modified would be to still have our own commission and save the two seats as well as don't give up the two seats don't give up the seats create our own commission and then try to see if there's any other seats available all right this is a good conversation but I think the consensus is to keep the two seats okay thank you thank you all for the discussion okay the public hearing will be held on the vote by mail for the May 6 2025 annual Town election and the town clerk will request votes by the board regarding 2025 elections Madam clerk thank you at the board's last meeting I provided you with a draft of the dates for the the important dates for the uh May 6 annual Town election so at tonight's meeting uh I invite Ed the registar of Voters and they're all here tonight uh Marilyn Hazel Wally tyer and Mark lentini are here tonight uh I just first want to thank them for all their work last year um during a very busy election and I really we my office couldn't have done it without them and all of the support that they gave us so thank you um what we need to go over for tonight is um the regist are in agreement that we should recommend um that the board uh affirm vote by mail for the annual Town election on May 6th um in 20124 the uh we allowed vote by mail for the local election uh and our our registar are in agreement that once we move in that direction we should stay with it uh and now vote by mail really should be um every year and then the other piece um in addition to the vote by mail the registr are in agreement that um we should hold one day of inperson early voting for the May election uh we are recommending Saturday April 26th which is also the last day of register to vote uh from 10:00 a.m. to 4: p.m here in the Tumi room uh and then I just have a couple of other housekeeping items but um we would like the um motions for vote by mail and in person early vote thank you questions d uh no questions I support it the more we can expend voting opportunity the better so I'll be in favor of the clerk recommendation thank you Morin if the regist want us to do that I I have every confidence in them that we should thank you Mike questions uh no questions it it's obviously pretty handy to have that so I think it's a good thing David I agree as recomend amended thank you can we have a motion on vote by mail please public hearing it's a public you're right I Circ thank you sorry anyone in the public with questions or comments hearing that a mo Paul please I want to no choice so vote Paul paac um precinct for 60 Summer Street we will receive a vote by mail ballot sent out through the state may yes please for the local election the vote by mail cards that the state sent out will not be mailed out by the state for our local election so applications for vote by mail we would make those available online in our office um they can be done online um through the state you can do an online request for a vote by mail but we need um a request from each voter that they want the ballot but they will not be the state will not be sending out cards for this election so we would make a request for and would that be online is that how you're going to do it you can do it online or we can come down here you can come down and see us in the office yeah uh or you can print an application uh on the website we haven't put that information out on the website yet until after tonight when the board you know finalizes uh what they want to do okay once they do that we'll update uh the important information sheet that we put out every year um and then we'll add some information and post the actual application thank you so the point is the state will not mail out for local election that's basically was my original question was yeah you have to take the initiative yourself to do it right okay as long as it's available then it okay thank you thank you any other questions motion to close the public hearing please make a motion to close public hearing is your a second second take the rooll please Joko yes Bernard yes Bennett yes Bean yes Mills yes 5 Z to close all right can I have a motion to affirm to allow vote by mail for May I'll make a motion to affirm to allow vote by mail for the May 6 2025 2025 annual Town election is there a second second take the role please Joko yes Bernard yes Bennett yes Bean yes Mills yes 5 Z and on the inperson early voting to that motion if someone could just add in the Tumi room at Town Hall I'll make the motion to hold a one day in the tuming room of inperson early voting be held on Saturday April 26 2025 from 10: a.m. to 400 p pm. is there a second second take the role please Joo yes Bernard yes Bennett yes Bean yes Mills yes 5 Z okay and we need a motion for the select board to delegate the authority uh to assign police offices so mov second second all in R please choco yes Bernard yes Bennett yes Bean yes mels yes yes okay and a motion to reaffirm the select board delegates the authority of the town clerk to appoint pole workers so moved second take the rooll Joko yes Bernard yes Bennett yes Bean yes Mills yes 5 Z so we will our office will update the town's website with the election information um and I think that that oh uh nomination papers I'll I'll say it again at the next meeting but nomination papers will be available on uh Monday February 3rd anybody who's interested can call the office stop in um we're happy to sit with everybody who is interested in any of the Town positions to go over what's involved uh talk about nomination papers um and all of that but the book to sign the book for nominations would be available on February 3rd thank you thank you and with that we'll take a brief recess before we start the warrant articles e e e e e e e e e e e e e e e e e e please take your seats come to order please my all right the board will review a draft of the warrant for the special town meeting on February 3rd 2025 Mr Henry are you leading the charge here eventually but I think Mr Conley gets the first couple okay sure uh we'll start with a couple boring Finance related items so again as is custom we're going to have a special town meeting in February that primarily deals with zoning and BW changes a couple Financial housekeeping items as well we have Aaron Henry our director of land use Community Services we also have Brian zelli our director of planning in the audience as well to walk through the Articles and answer any questions um with that said we'll start with the perennial first article on a town meeting warrant and that's unpaid bills we've identified several from FY 24 as is Massachusetts General law any bill that needs to be paid from a prior year requires town meeting approval in the town of Damas so we have a relatively small list um here in front of you um and with that if there's any questions thank you and what we'll do members after the reading of each article if there's no questions will take a vote the vote will be either favorable or unfavorable to send it on to fcom that will be the only motion favorable or unfavorable or we can pull it off the warrant itself if we so desire so just keep that in mind are there any questions on article one unpaid bills just speak up if you have any board members here none can we have a motion motion of forward is favor is there a second second take the role please Joko Joko yes Bernard yes Bennett yes Bean yes Mills 5 Z favorable thank you number two number two yes will there be public comment if I see a hand go up I'll look if I see a hand yes I'm not going to ask I'll look for hands thank you number two number two again a perennial annual article the transportation Network this is funding the state collects from ride share programs such as Uber and Lyft a portion of that funding is appropriated to the town in which case we then must appropriate it into a use related to Transportation historically the town has appropriate that money into the senior Transportation fund so the motion uh the article rather tonight would be to recommend appropriation of that $$ 22,28 of. 70 which represents a little over 220,000 rides in the last fiscal year that uh originated in Damas and that fund would go into senior transportation to support that program thank you questions member the board hearing none and the audience Bill sorry thank you Town meting member Bill Bates from Precinct 4 um I wondered if this was a perfect opportunity uh board members for you to consider uh instead of um doing the whole 22,2 88.7 would you consider um appropriating $1,288 70 to the senior in Social Services and then appropriating $10,000 to be used to install signalized crosswalk remote rapid flash beacons at the crosswalk at Maple Street and Burley a um and I do note that um a lot of this is very appropriate it's a transportation money um a number of the Uber and lift drivers go up to 75 lindall Street which is the Recovery Center of America and I think this would be a wonderful way to improve a dangerous crosswalk my opinion is we'll have to find another place to get the 10,000 we need this 22,000 in the senior services the the rides the cost of the buses we've got two buses falling apart we need to get two new Vans it's a very well-used service and we'll find hopefully someplace else Bill thank you you're welcome what's the will of the board motion y motion to move as favorable will please Joo Joko Frozen oh he's Frozen look at him um go on all right sorry that's all right continue Bernard yes Bennett yes Bean yes Mills yes put him down I've abstained next Frozen and through you Mr chairman now they' have done the heavy lifting I'll turn the ball over to Aaron Henry for the remain reward um well before I jump slides I'll just say overall there are two general bylaw Amendment proposals and seven zoning bylaw Amendment proposals in the old days General bylaws were simple majority at town meeting should they go through and Zoning bylaw amendments were always super majority that's not always the case anymore with the zoning amendments but just as a point of clarity and background just remember that now uh some zoning articles do have lesser uh quanta at town meeting but I'll dive into the first two general bylaw changes and then Mr zelli can take over for the zoning um articles so the first general bylaw amendment that we're seeking um has to do with the chapter presently does not have a title um chapter 9B is an excerpt from the state building code regarding periodic and inspections um the building code has advanced to newer versions than reflected in our code so this bylaw amendment is simply to make sure that our zoning uh our general bylaw has the same table in it um that is in the building code um today and you have in your packets and online in the draft warrant you'll see the red line versus the proposed essentially it goes from about six lines to about 15 lines um we've had add the column to the right which is our fee structure generally speaking the fees today are $50 for residential $100 for commercial we just applied that methodology to several of the new um categories that are required but it's a pretty straightforward um change there are some textual changes uh we added the title periodic inspections or we're proposing the chapter have a title periodic inspections and I think there was a capital T in the Commonwealth which we are proposing to be lowercase because that would not normally be uh capitalized so it's just a grammatical uh addressing a grammatical error otherwise the bulk of this article is just to make sure that our uh General bylaw has the same periodic inspection table as the State Building Code Aaron halfway down in the chat A and B what's the difference yes um thank you Mr Bennett you asked that question of us earlier this week so um I apologize it'll be hard to see um given the I'll read they both say special Amusement buildings or portions thereof right and one is an a use which is an assembly use one is a b use which is a business use and that pertains to the size the occupant load of that property um business uses are considered less than 50 occupants so 49 occupants or less it becomes a place of assembly and a use if that number is 50 or higher um an example of a special Amusement cuz that was my follow-up question to the Building Commissioner was what's a special Amusement building this would be a place like Laser Quest here in town or um an escape room we don't presently have an escape room but that's something that's become very popular um around the Commonwealth those are spaces that are designed to make you feel like you can't get out um which kind of runs against the safety of uh access and egress um so those um there's a cut there between the 40 and uh 49 and 50 on occupancy so why don't you in the description say assembly on a and b on business on B because we we were trying to stick with the table as shown in the code so we didn't want to have to add um any notes or caveats to that because we just wanted our book to look exactly like the State Building Code understanding that the professionals that are using this on a day in day out basis would know what that is um and know what the differ ask meting vote on it Yep they're not professionals if you wish for us to add a footnote to this table we can absolutely do that the theory was consider it please yep thank you we did offer that explanation in the draft uh we added that sentence to the draft warrant about why that is stated that way but if we wanted to make that a footnote happy to do that that gets us favorable action thank you morine questions or anyone else I just had a question Aaron I see all the fees they jump some of them from 50 to 100 yep I would like to see consistent I think there's one two what's it three one four of them that a 50 if we could just put those as 100 that that's what I would recommend keep it consistent so it's fair across the board we are amendable to changing fees again that was not our primary Mission here but if that again is maintain fees okay that's fine thank you anyone else with questions what's the motion motion to accept as it's presented no favorable or unfavorable favorable is there second second take the role please Joko yes bernad yes Bennett yes Bean yes Mills yes 5 Z thank you okay four this one I'm assuming um this was going to catch more attention than it probably deserves but because it has to do with dogs um the impetus for the change is the Advent of electronic leashes and we've been having an increasing difficulty with people um using electronic leashes there's no physical connection between the dog and the Handler um we would like to make it clear that that does not um satisfy our belief that you need to have your dog under physical restraint with the certain ex exceptions that are now included in the text of the bylaw change such as being inside the dog park um a few other exemptions that are now uh listed in the proposed amendment um while we were in the bylaw um we thought this was a good time to make some of those other changes regarding exemptions for people with disabilities around picking up dog waste around certain requirements that are outlined in the full proposal um but basically the impetus for this has to do with electronic leashes and and again what we're seeing is uh person a has their dog on electronic leash they're over in the field I show up with my dog Rosie which should never be off the leash but I see that she's off that they're off the leash so I'm letting my dog off the leash and now we have a bunch of dogs running around and no no one under physical control um so we kind of wanted to nip this in the butt as we've seen this kind of coming up more and more often of late questions all right what's the will of the board motion to move as favorable favorable this a second second take the rooll please Joko yes Bernard yes Bennett yes Bean yes Mills yes 5 Z number five and through you Mr chair I'd like to have Brian zelly take it over from here welcome Brian I know he's been trumping at the bit to get up there thank you very much here we go so speaking of dogs um so Article 5 deals with the definition of kennels um the current definition of kennels contained in the zoning bylaw uh fails to different differentiate between different types of kennels like your own personal kennel someone who uh breeding kennels as a commercial breeder all those uh different types of uh dog uh ownership is not really uh mentioned in our current bylaw and our use table so um this amendment ensures consistency with within not just the bylaw but within state law of what a kennel uh the definition of k of kennel the real only change here in in this part uh in this amendment uh for Article 5 is that uh to be consistent with state law a kennel is now defined uh as uh three so you need a special permit for four that will now be increased you will now need a special permit to have five dogs so you're basically allowed to have four that's the proposal The Proposal is that four dogs is allowed whereas now only three dogs are allowed by right you would need to have a special permit to go to the zba to have that fourth dog currently so that is the the the major policy change associated with this amendment is that matching the state law of the definition of kennel that is changing from a special permit for us from three dogs to four um that is all I believe I have for this article questions motion please motion to forward approve favorably thank you second second take the role please Joko yes Bernard yes Bennett yes de yes Mills 5 Z number six we're going to take six uh I was told we taking six now okay go ahead perfect um okay uh article six so this is extending the tapleyville overlay District across the rail trail to 141 and 146 Pine Street so these properties have been used uh they were previously industrial um that's what the tapville overlay went on top of was mostly industrial Zone uh these specific Parcels 141 and 146 uh for about 100 years have been heating oil delivery storage uh landscaping and personal services uh currently it is landscaping and personal Services uh residents have really expressed the desire for businesses to remain on the Lots uh but most businesses actually cannot operate um outside of a landscaping business and some type of personal services personal services is hair salon nail salon um Spa th those types of uh uses uh so because the tapville overlay District allows more commercial activity than the R1 which it's currently in uh it's believed that including these on the sites of this overlay would alleviate the difficulty of uh of the the largest concern that we've heard from this is a large scale multif family structure on this site this is the biggest concern that we've heard from the public throughout this uh throughout the past two months going uh through through the planning board and also in front of the select board the largest concern by far was the fear of the 50 units you know some type of large multi multif family um the appville overlay District basically addresses that and says that this is supposed to promote more commercial than residential the complicated part uh is that right now the uh landscaping business is uh is uh is being done through a zoning board uh use variance from many years ago so that that that can stay as as long as it keeps going the personal services is what is a pre-existing non-conforming meaning that it didn't go through zba process it was just there before zoning so where that leaves us is that because it it's a pre-existing non-conforming property under the current zoning right now it with through a finding with the zba it could go to a 50 unit so the big the big in one sentence what does this do to the multif family unit structure under the current situation in the R1 currently on the ground right now it would need a finding with with the zba which is a three out of five votes it would just need a finding to do the let's call it the 50 unit or 100 unit whatever meast structure it would need a fi it would need a finding a three out of five if it gets pulled into the tapleyville overlay District it would need a variance from the zba in order to get above 14 units per acre which is pretty low the you know your average house lot is at four units per acre so it's very it's it's low so the the the main difference in terms of the biggest concern that we've heard by far the biggest concern is multifam a large multif family staff uh and uh the planning board believe that no one can predict the future we cannot say exactly what applicant will come in for anything and we never will however this allows more commercial and uh allows and then um requires the zoning board to have a variance for the large for any large multif family I think I'm going to stop there David any questions no thank you anyone else yes um Brian I'm going to need you to help me on this um I know you just said it but you're going to have to talk slow and look right at me so right now if the two properties decided to put up 50 apartments on each property they could get approval by the zba is that I'm not saying uh it is it is possible for an application to go before the zba and if the zba finds it favorable they could vote on that yes and with this word change you're saying that they could only max out at 14 units per acre I'm saying that uh they would max out at 14 units per acre through a special permit with the planning board but to go over 14 units per acre they would have to go to the zba first to get to Yeah well yeah yeah to well yes if they're if they're trying to go over 14 they would have to go which which is currently actually what's happening at uh just down the street at 180 to 182 it's in the R1 and they're trying to do an 8 unit in that uh where that specifically because that's not in the tapleyville they can only do by right or sorry through a special permit they can do seven so it just because it's in the in the taple it does increase it uh if you're just straight looking at the R1 the problem the the difference is that in 180 to 182 there's nothing on there it's vacant there is no pre-existing there's no protection any of that so that's why that's able to to that's why it's so low because in the R1 normal house lot it's a you know the max you can do is seven now in that 180 uh 182 um aren't they permitted to get five units without any approval once you hit four you're in it's four you're in front of the planning board so any any four unit structure in town anything that's over four anything that's over four units need is a multif family structure that needs a special permit from the planning board the maximum on that seven the maximum and in the R1 in the R1 the maximum would be seven that the planning board could give in the tapville it is 14 so that is so the tapville is different from the R1 it just so happens the reason why we're here is that these have been commercial for a hundred years people want to keep them commercial this is this is one way that could it at least gives them options to remain commercial and expands the amount of commercial uses that they can do whereas right now it's landscaping and uh personal services so with the word changing do we lose any Authority from the planning and or zba do we still have the power they have to say no yes I mean regardless of anything that happens in town anything above a four four units is a special permit with a planning board meaning a special permit is a discretionary permit it can be denied but this the uh Pine Street that we're talking about here 141 and 146 they also had they have the commercial uh um ability as well well right now the only commercial abilities they have are land are are Landscaping because they have a they went through a zba process to do that so they could go through essentially another zba process in the future to you know change it but it it it doesn't make sense it makes more sense to zone for what you want there that that's the best that's the best we can do we can't so yeah I can't tell you what what's going to happen I don't think I can ask the question correctly either because I'm not sure I'm what I'm getting at is it please are are worried about the overbuilding especially in that area Pine Street um there's a lot of residents as you know are upset with that and um the 182 project I mean the driveway is going to dump right out by hide which is already a tough corner so what I'm asking is are we still going to have the the curbs up does the public still have ability to stop something or slow it down on these on this Pine Street area that we're talking about of course all of these are again whether there it's whether I we changed this tonight or sorry whether you whether in February 3rd it gets changed or whether it doesn't get changed anything that's over four units still still is again a discretionary permit the planning board can say no so the convenience of this is to try to keep it to 14 units is that what this this was this was done long before what so the the idea of this had nothing to do with 180 and 182 this was in motion months before we even got the application in our desk it was commercial commercial commercial we weren't we weren't even talking the point of the tapleyville overlay district is neighborhood commercial that that's the like objective so that was we weren't thinking about housing um however the weird thing about is because it has this protection because it's a pre-existing non-conforming use again it's a lower bar currently to get the mega structure if we change this it will be a higher bar that period it's a three out of five currently to go to the mega structure if we change this it would be a four out of five that you would need to go to the larger because it it would be a dimensional variance with the zoning board of appeals okay all right so more more discretion more discretion okay thank you of course okay Mike yes thank you Moren she has questions I want to hear the questions first when the board is done oh um so I'm confused so we have those two properties so what we're saying they commercial properties can anybody come back and say well we want to take the commercial we want to put commercial on the bottom and have apartments up above yeah they could do that now though they can do that they can do that easier now easier now so by us by us voting favorable it makes it harder for them to do something like that yes okay that's what I thought because it's a very dense area you've got taple Park you know a lot of kids and everything too um so I can't tell you how boards are going to vote I can't tell you what applications going to come in but the the drum beat that I'm going to keep saying is that currently it's a to to do a large a large mixed use structure you would you would need three votes out of five with the zon with the zoning board of appeals to do the large right now currently under the current R1 zoning and the pre-existing non-conforming uses that are on the property right now because of this unique thing that's on these properties these commercials that have been here for a hundred years that is very unique in the R1 so um because of this unique pre-existing non-conforming situation they can go to this easy bar they can go from one non-conforming use which is where they are now to a different non-conforming use through a finding with the zba a three out of five if we put these into the tapleyville overlay District to do anything over 14 units per acre which that's I mean that that's very that's a very low Bar for a large multi family that's not a a very large yeah that's not very large um you would need to you would need a four out of five so there's there's no doubt there it's a harder bar to get to get the larger structure through this change it was not the intention at all uh when we started this but everyone um I think because of 180 and 182 it was like changes happen what what is this is this how is this going to affect me all legitimate questions it's taken a while for me to sit people and I've sit with several people from Pin Street um including this week and um the hope that that at the end is that is that we cannot predict the future we can set up the zoning and see what happens that that that is honestly the best and you know we've done that downtown we we from here on out we're hopefully only going to be making small tweaks in the future we're not trying to change neighborhoods we're we're really just trying to do things that make sense it's been it's been commercial for a 100 we're trying to kind of maybe keep it going so this is better for the residents now the way I would never use the word better I that's kind of hard but the but the I would say the largest concern is is the very large multif family this provides a you know you need four votes instead of you need four votes to to get it instead of three okay okay yep everybody else on the board I'll set okay in the audience yes ma'am thank you Mr chairman uh Joan maguchi town meeting member Precinct 2 um I'm here this evening as I've heard from a lot of residents in Precinct 2 on their concerns about 141 and 146 Pine Street being brought into the tapleyville overlay um I can definitely I've sat with Brian he has been very generous with his time with myself and with other residents to explain this um it is a little complicated um and I think um the feedback from the residents that I've heard um and also I have some fellow town meeting members I've heard back from I've reached out to them they also have concerns um one of them is what's the rush let's slow this down a little bit and look at it a little bit more um um so the neighborhood wants to move very cautiously um on the concept of adding these two properties to the overlay um I think where people are now is they just feel they're choosing the lesser of two evils on what they agree with as to you know Ro have a little bit more of a roadblock to a larger scale development that doesn't leave a lot of people comfortable including myself um more information is needed in order to make the best informed decision as to what is best for the neighborhood uh this area of Holton and pine streets is very busy with vehicle and pedestrian traffic um it is a cut through for the Liberty Tree Mall we have you know McKinnon's Market there we have a gas station on on the next Corner we have daniela's restaurant which is very busy um especially at night I was coming here this evening and I'll give you a prime example um this is around the corner basically from my house people are trying to get into McKinnon's people are trying to get in and out of daniela's I almost got hit head on by someone going around so that's how bad the traffic is there at night um you know it's a cut through for Liberty Tree Mall as I said there's a baseball field so in the summertime there's a lot of children running around there's a crossing right there from the rail trail um and there's very close AB budding neighbors uh the area Precinct 2 is I think the second densest Brian had told me the second densest Precinct in the town um the neighborhood at this point with the where while requesting additional information we are requesting a traffic study to be done of the tapleyville overlay and the surrounding neighborhood a parking study and also a study on the impact of increased density before 141 and 146 Pine Street are added to the tapleyville overlay this information is needed in order for the residents to make a much better informed decision on how they feel about this inclusion also we would like the town to provide any information about any upcoming new developments that are currently in the pipeline for the tapleyville overlay District including I have heard some Rumblings that the property on the corner of Pine and Holton Street has just sold the red the red um the red the red building with pizza place and the taller building next to it I'm not sure has that has that has that been sold so it I'm just confirming it it has been sold so there concerns there what is going to happen with that property and the impacts of traffic and other things on the neighborhood so if I may interject yes your request would be for this to be tabled I am yeah that was my next sentence um Mr chairman I just want to move along yes y that was my next sentence um so with all these concerns we respectfully ask the select board remove article 6 from the warrant at this time thank you for your comments thank thank you laen uh Mr chairman apologies um I got disconnected earlier I listened to all the other board members comment except David uh I had a few questions about these I could do it after others have spoken but just wanted to let you know okay um so my first question I heard a few numbers 14 and four and I just want to understand uh so two things 141 146 does that mean that each of those Parcels have a maximum of 14 which is 28 or is it 14 for the two combined Brian so it's a it's a density it's a 14 units per acre so they're it's based on acreage it's not it's not based on like two how many AC how many acres on the total passing so how many acres would this be I am sorry but I do not have that this very second I will get it okay um so so if we were to approve now another question that I had was what actually triggered the need for this change and how does that benefit either the town or the neighborhood sure um this change uh there was some uh my office also handles uh business certificates so we review business certificates for zoning compliance so when somebody applies for a business certificate to run a business in town we do a quick check just to make sure that this use is allowed um and we were finding uh there was uh one particular uh that that both these properties that there or um not 146 but 141 over the past several years there was there was a lot of business certificate activity trying to get uh different businesses in there that were just not allowed then when we started looking into the zoning history this was just like a small like a small like you know 1H hour like weird pet project of like what's what what's actually happening here then we looked into it and it was just this is in the R1 it's been commercial for a 100 years and there's this all long history of commercial for a 100 years you don't need a lot of time to know if it's been a commercial for a hundred years and there hasn't been a lot of problems essentially associated with people saying we don't want that then you try to zone for what's there what's on the ground and that that it that's how it started then other applications kind of started rolling in around Pine Street and it brought a lot of attention to this and all of a sudden it's like Whoa We want to slow down sure we I we have no problem slowing down uh first of all um but I hope that gave you the history of that you were looking for I got the parcels um yes thank you the parcels uh 146 which is chat's Lock Shop is 1.0 acres and uh 141 is 1.1 so not not extremely no that can't be right uh sorry I just actually no no 140 yeah 141 is I think I just it's it's a triangle yeah 141 is 1.1 Acres so like these are not these are not able to get over an extremely large thing without a special permit or variance so these are not like so m yeah so if we were to approve this without a special permit of variance they allow four units per each of these Parcels is that correct that is correct so right so they still need a special permit with the planning board to do anything more than four units per acre okay now and now and later on as well that that doesn't that doesn't matter anything over four perfect and if we we approve it they can do up to 14 per Acres with the special permit is that correct exactly um yeah thank you yeah I'm I'm I I attended a few zoning board meetings and the resident didn't seem to be um in favor of this change at the moment um it's true that the standard to to do another non conforming use and have 50 unit is very low which is three out of five instead of four out of five but I still think that um it might be wise to to R this before uh we make the change because we don't know what kind of businesses is to now we only have maybe couple type of businesses but by opening it up um we opening up to more opportunities we could generate more traffic uh that we'll be unable to control so I I'm leaning more toward holding off on this for at the moment thank you thank you Lauren hi Lauren Steve's Hood terce um I guess my only comment on this is if you guys approve for it to go forward to fincom there's obviously a lot of confusion in this room as it is what what's what what's this what's that I have no idea if there's a way to to clarify this before this if if it goes before town meeting because I imagine that there's going to be even more confusion in that room if this goes forward with the way it's explained and worded would be my only concern thank you and the corner here thank you uh John buard Crest Line Circle just to give you a little history we went through this before in February of 2020 when uh John Thompson had an agreement with pris f Family Trust to build 29 a 29 unit apartment building on that site um the uh entire neighborhood again objected to it because of the traffic because of the lights from the ball field eventually John Thompson the deal fell apart and that went away but my fear is that this is not just going to come back again the Prentice family wanted to sell that land um and then this was the way to do it um my fear is now you're going to open up the Chets locksmith area which has never been open before but now you can they could possibly develop that as well so so my fear is I'm going to see a strip mall with apartments on top of it and possibly the same thing on the other side of the street so my my recommendation is to say no to this for right now thank you Michael hi Mike trainer uh Town meet member precin 5 I just really want to Echo what Joanne she's had a lot of meetings with the neighborhood I've attended several of them this kind of came up with with the neighbors in December and the feeling is definitely and this is a very large scale she has a whole group going they're not ready to make a decision on this yet we've heard both sides she asked you to remove it from the the article from the warrant and I I just want to say that's definitely what the neighbors want at this point and we'll just review it in the future when we have more information thank you anybody with something different new Nova samay town meeting member Precinct one um I'm not sure so from what I've gathered from the planning board meetings going over this is that this is really just so that more businesses can stay and they won't develop it into residential so if we don't pass this we don't get that benefit so then that is a bigger push to make it residential and make it from one non-conforming to another so I'm not sure what more information is needed to make a decision whether or not to do this that's just my only comment thank you anyone else what's the will of the board can I make a motion that we um you can make a motion that we take this uh out for now so that residents can uh gather more information is there a second does that mean T it right we're going to T moove it from the warrant um I agree second take the rooll please Joko yes Bernard yes Bennett abstain Bean yes Mills yes that's 401 to remove the article remove the article okay Brian oh yeah oh yeah next number seven garages um it was kind of funny by the way how this like little like hourlong project and be like oh this makes sense to like whoa so on to article seven um not nearly is cool so but um garages so the current definition of a garage um only refers to garages on Residential Properties this obviously makes no sense uh because there's many commercially operated garages all over town uh so one fixing that definition to include residential and non-residential garages in the definition makes sense um and we would just allow the table of uses uh to allow commercial and Industrial districts by special permit via the planning board um so that's just allowing since we added a commercial or industrial garage we added that definition because we added that definition we had to put it into the use table and then we said where that's going to be allowed and you still need a special permit with the planning board to have a commercial or industrial garage so adding a new definition and then putting it in the use table questions audience what's the will of the board motion to forward with approval second second take the role please Joko yes Bernard yes Bennett yes Dean yes Mills 5 Z favorable thank you eight article 8 uh flood plane bylaw so this is an update to our existing flood plane bylaw that in order to adhere to new FEMA regulations um this specific version that is in the warrant has been reviewed and approved by Fimo uh and it's required for land owners to receive flood insurance um because of the review process it was determined by FEMA that there were um a decent amount of uh regul um there was too much uh that was unrelated into our current bylaw so they uh deleted and replaced the entire section they felt that this was a much better approach rather than um doing a full Redline version we obviously have both of those versions for you to to look at but this is a a a a clean and replace with uh that is specific to Danvers that has again already been reviewed and approved by FEMA um no changes to the development standards those are still referencing 310 CMR which is our DP regulations for um any development in Flint plane um back to you explain still awaiting the exact date of the new map so um they have said by mid January AR which is next week that the actual date for that we are going to update so all the all the RS were updated but then the the map that they're referencing we don't have that date yet we're supposed to be getting that date mid January again next week if for some reason they're they we don't have that by February 3rd um you know they're the ones enforcing like telling us that we need to do it this year in 2025 so if they're the ones that are not holding it to us I don't kind of like you go for it like so you know we're just trying to adhere to the regulations that they are giving us um and they're very full aware of our special town meeting that it's in February and that we still you know we're are still supposed to be doing it this year you see any problems if they don't give us a date and we go to town meeting I I think if we don't have the date from FEMA again they've given us a deadline that we have to adopt this if they don't give us the date we'd have to defer the article until future town meeting probably may I I mean again I'm just thinking yeah it'd probably be deferred to May okay thank you questions members audience just one just one please uh does this um Force somebody to buy extra insurance if they don't need it is like could somebody be placed in a flood area and it would be I'm sure that's happened I don't believe I don't believe that the dimensions of any of the flood districts that we have today are changing there is a process by which a homeowner who finds themselves in a flood plane that thinks that that data is wrong can appeal to FEMA to get themselves removed I'm not going to lie to you that's not a fun process I've dealt with that with a few homeowners in a previous post um but there is that possibility but all that's happening here here as FEMA is getting better data within the flood plane so it's it's essentially the elevation of the flood plane that's changing but not the dimensions of the floodways so would the town be coming after a resident for a lack of enough flood insurance with this change no we have no the only thing only time we get involved would be I want to build a garage and I'm in a flood way and you're probably triggering concom process anyway there are some addition like it like the chose you have to comply with the building code and 310 CMR but those are that's the rule today thank you up yes thank you okay what's the will of the board on move the application is favorable a second second take the role please running out of paper I got another page oh you got oh see that thought that through Joko yes Bernard yes Bennett yes yes Mills 5 favorable number nine so um article 9 so um article 8 was FEMA Federal article 9 is groundwater Protection District state or Commonwealth so ground we have we currently have two groundwater protection areas that consists of aqu aquifers and recharge areas that warrant protection uh in the southwest and in the Northeast uh we are updating the byw to reflect the new maps that are issued by the Commonwealth and what's happening is uh the Northeast uh there was a well that was fed by Hamilton wenom um that is no longer active so it therefore is no longer part of the groundwater Protection District according to the Commonwealth so then what we just have is the Southwest portion wrong way um so we just now have this southwest portion so all we're doing is updating uh the map to correspond with the new data that's it Dan so I'm looking at two different sizes is it the same area just the bottom map is enlarged but the area is the same correct as shown in the previous okay than I don't know why it's not hold on here yeah so it is the it's the same the Southwest one is not changing it was just a closeup but yeah the South W one is not changing at all we're just deleting or the state deleted the the north one thank you questions audience yes sir John buad Crest Line Circle I just have a question that top one that you're taking you're taking you're removing it from the groundwater protection who owns that land um those properties uh Mr Connor owns a great deal of those properties as does the town so that means that now that there's no groundwater protection required that that can now become developed that can he can develop all that property it under under today's rules he can't develop the property because it's protected by the groundwater requirement no no that's not not the case no the groundwater Protection District at the state level is similar to the flood plane bylaws where it says if you're going to do development in this area there are additional standards that that development must meet um it largely pertains to what I call heavy industry like you know you can't have a junkyard because cars drip fuel so you couldn't do that in that District um uses like that heavy uses that have some sort of environmental impact um I'm I'm not saying Mr Connors has there's other protections on his property so I I'm going to give a hypothetical that is purely hypothetical but if he wanted to do a subdivision you could still do a subdivision in the groundwater protection district there are just some additional standards that he would have to meet but it does not prohibit development in the groundwater Protection District yeah and just one other question wouldn't it help us long range with the water problems that we have to maintain this thing this well that's not being currently used at some point could that well be used again um my fear to that question my fear is that the state is saying you don't need this anymore and if we maintain it and then obstruct somebody's property rights based on it are we at risk in that scenario where we told you you can't do it but the state's saying you you absolutely can do this so I think out of an abundance of caution we we feel at the staff level that it is imperative that we be in lock step with these State rules the state is saying you don't need it but we know different we have a water problem and wouldn't we want to protect that that just my thought I mean why why would we excuse take a chance help by water problem what I I'm not I'm not sure how this would impact the water problem this is about I I I don't know how this would impact the water problem father is that from our Reservoir oh several miles right uh these the southwest corner there is we have two Wells I think only one's operating right now and then the rest of our wells are in Middleton um like I said this one I think was a well that was shut down in wenam um and again this doesn't have to do with water withdrawal this is land juices that might seep into groundwater yeah thank you what's the will of the board I move that we uh forward with recommendation is there a second second thank you take the role please that was for favorable favorable thank you Joko yes Bernard yes Bennett yes Bean yes Mills 5 Z favorable sign by law I don't think I've ever seen so much paper on a bylaw as this signage go right ahead please Brian i I love signage signage in parking or that's why I became a planner by the way parking um okay article 10 so um this seeks to reduce the number of sections containing signage rules down to one we had a a whole uh the bulk of this proposal brings actually standard from the regulations that are outside of the zoning uh that are in the planning board's regulations we're taking them out of the regulations and we're putting all in one place in the zoning bylaw so you don't we are not referencing so if there is anything to do with signage you just go to one place for everything um we uh um actually I'll stop there okay questions audience what's the will of the board move the application as presented to favorable is there a second second take the RO please Joko yes Bernard yes Bennet yes yes Mills yes 5 favorable number 11 11 um outdoor lighting um this was kind of a a weird one the this I'll start at the why we're here is that I've been here for 2 years uh within my first year here we kept getting a number of complaints about um from Residential Properties about commercial property lighting it was it wasn't like once a month but it was more often than and it was the answer was there's nothing in our zoning bylaw to talk about this so that was the impetus for it um so basically unless you're already in front of a planning board or zoning board for some other type of process there's no real there's nothing to point to to even say you know direct a light more downward rather than than than it's spilling over into into your property is as simple as that is so um so we reviewed various of these model bylaws around uh we had given a very extremely large one to the planning board um they hated it um they said that this is way too complicated uh went basically down down from 30 to about seven pages um so that's the the the version that's that's in the warrant right now it has been reviewed by the Electric Division um there is a lot of uh there's actually you know it's there's a lot of math involved uh with a lot of these outdoor lighting bylaws it's not simply just trespass um so uh they had a chance to comment as well um we did not have uh too many concerns from um uh from residents or business owners about this bylaw yet throughout throughout the public process we did not hear much about this one um and that is all I have questions Mike who is going to um go out and check this light situation um so on Thursdays in the evenings a lot of the time it's it's uh my department who does this um so it kind of depends um we haven't figured that out yet is the truth um because it's because it's in the zoning bylaw I am the zoning enforcement officer so I guess I'll say it's me and so that's leaves still a big area no I mean but if my flood light goes here but the neighbor hates it and how do how do you know what if you say it's okay but the NAB is still upset H where do we go guns um wait if it if it actually goes there that I'll make some type of determination of some kind my guess is that one person will be very happy and another won't be the a hope is that that's not but the worst case scenario that's what is someone's very upset they would then have the ability to take my decision to the zoning board of appeals so then which is true for any decision that any zoning enforcement officer makes in the Commonwealth if there's a decision that residents or anyone else is say feel AG grieved by it or somehow made the wrong call um you basically um file an appeal uh about a ruling that the Zeo had made and you're in front of the zba just like any other applicant and is there a fine involved in this typically um fines for zoning infractions or um uh like zoning board infraction you know things that are related to a decision are at most3 $300 per day per infraction so that's a Max all right hope we don't get to that all right thank you we we try not that is a last resort we you know I think we've actually only find one per one entity since I've been here in two years and but we have we have threatened many was it a commercial situation that was a commercial situation and uh they paid all right thank you anyone else audience what's the will of the board move forward favorable is there a second second take the rule please djoko yes Bernard yes Bennett yes Bean yes Mills 5 Z favorable all right that takes care of the warrant thank you all uh the board will vote to close the warrant on Wednesday January 8th at 4 p.m. is there a motion motion to close the warrant on Wednesday January 8th at 4 P p.m. at 4 p.m. please is there a second second take the role please Joko yes Bernard yes Bennett yes Bean yes Mills yes 5 to close 400 P.M tomorrow thank you yes may I make a comment about uh the work product of Aaron and Brian oh please do um your people in the room um this stuff about zoning um I did it for 50 years that's why I look like this and walk with a cane um the presentations tonight on pre-existing non-conforming use and um overlay districts and all you know I think that the our Brian and and Aaron have done a superb job under the circumstances trying trying to explain the intricacies of zoning and um it's hard stuff and sometimes I wish that there could be a workshop it would have to cover 10 nights and three hours a night to try to begin to understand the concepts and the balancing that has to go in between the fundamental right life liberty and the pursuit of Happ happiness that constitutional right of the land owner to use her land his land in accordance with what the law is and balancing against the interests of other people who have to live next door and so I just want to say um I I I watch them um and I may not be here forever to say it next year uh job well done and thank you all for listening I've watched how carefully you've listened to them and Dan if I'm on the subject no no I'll wait till final comments on the town engineer that's another gold sta for tonight thank you gentlemen thank you Dan Aaron Brian thank you for coming tonight we'll see you again I'm sure all right I mean on [Laughter] this uh the town manager will report to the board Ronney do we have a date for fincom fincom is January 16th at 7 p.m. yes is it on our agenda Thursday January 16th at 700 p.m. in the Tumi hearing room 16 at 7 yep thank you go ahead uh just one update apologies if I'm stealing this from one of your closing comments but danas will be hosting the 26th annual Martin Luther King Jr tribute moving like King that'll take place on January 20th 2025 from 4: to 6: p.m. in the Danver High School atrium uh danis resident Mark Anthony Hunter uh will share his Reflections on MLK as well as the challenges and opportunities for us within his legacy today events free open to the public and we look forward to seeing you there see you [Applause] then anything else that's it that's all Oh short and sweet thank you all right closing comments D you want to say anything so you can go to bed thank it's 6 hour yeah it's only 2:50 a.m. local time here so but got some coffee so thank you um happy New Year's to everyone and I just want to thanks my fellow dver residents for putting their trust in me in 2024 it was a great year and I'm looking forward to working along um everyone uh for 2020 2 to accomplish uh great things and and you know make more progress and make our community a great community so thank you thank you can I have a motion the consent Calendar please motion y David and Morin second take the role please Joko oh Joo yes Bernard now you can go Bennett yes be yes Mills yes 5 Z approved consent thank you okay Bine all right closing comments um thank you everybody for coming tonight um we like to hear and see people here at the meetings um a couple of things uh Damas Public Schools is having a strategic planning uh meeting tomorrow night at Thursday I'm sorry Thursday yeah um 6:30 6 yep 600 to 7:30 6:00 yep 6:00 to 7:30 p.m. at the high school cafeteria all welcome to come and I also wanted to you know uh on a sad note say um that uh Frank Francis Ryan passed away um recently he he lives in Damas um at the age of 89 had five daughters that went through the Damas school systems uh Frank was a former firefighter in Brooklyn um he was as actually uh instrumental in and starting the uh fire science program at Northshore Community College so um my condolences to Frank's family um for for the loss that's it thank you Mike um just want to say Happy New Year happy healthy New Year to everybody and uh I hope we have a great year thank you thank you David thank you Dan I just wanted to uh commiserate with everybody else in town microphone please oh no you're the only one that wanted to listen um you know the uh National Grid has been is it national grid has been ripping up the streets in danvas now it's got to be for a year and um it probably has to do with the gas explosion in Lawrence five years ago their insurers probably said you've got to replace every line in Massachusetts that's older than I don't know what the thing is I know this that the enormous pressure on our engineering department to supervise that work to make it done right to make sure that the leveling of the road is done according to Specs which it never is and having to chase around those independent contractors who I think were probably hired you know without any credentials that whoever they could get to to run a bulldozzer so I just want to say our town engineer and his staff have done a wonderful job of trying to keep all of that M mess under control thank you thank you Rodney is The Possession statement online um I don't believe it's on the town website we can get that up tomorrow morning um our the company doing the recruitment has put together a position statement and Rod you will see that it goes online so people can read it and this will be sent out to interested parties interested in applying for the town manager job and in my opinion was well done um so but go online in a day or two and take a look at it um happy New Year to dvas and look forward to seeing you in mtin Luther King day and if you see a veteran please say thank you for their service and good night danvas good night e