So, I'm calling the um Tuesday, October 21st, 2025 meeting of the metal planning board to order. Those in attendance are Pete Funderson, Bill Fansa, >> Russell Denver, >> Cassandra Shero, >> Robert, planning director.
>> Uh I need to ask if there's anyone audience who might be recording this meeting. If so, please state your name and the method you're recording the meeting. >> Reminder, publishing audio. >> Thank you. First uh item is approval of the minutes of October 7th, 2025.
>> So moved. Second. >> Any discussion? Hearing none. All in favor say I. >> I. Anyone opposed? Say nay. That madam passes. So Mr. clerk. Uh case cases site-20225-05
and SP-2025-08 request for site plan review to construct a 1575 square foot edition the commercial building in a special permit to alter enlarge a non-conforming building structure at 180 Shaker Road's partial ID-7-0
located in the district 180 Shaker Road Esau metal mass 01028. So before we get started, so uh our planning director, we have a question for you. Collective question. >> Yep.
>> How can we approve a site plan review to alter or enlarge a nonconforming structure? Doesn't that have to go to the zoning board? So, because the building's currently a non-conforming structure because it encroaches in the
front setback and because it exceeds lot coverage by about 2% I believe um you can just approve it with a special permit because of uh article 3 of our zoning bylaw. So, actually there's a state law that allows for non-conforming use and structures to be approved via
special perm from the planning board. If they were creating a new non-conformity, which they're not in this petition, then they would need a variance from the zoning board. But because the non-conformities exist, in order to alter or enlarge that non-conformity, they just need your approval, which is
totally acceptable under state law and the East Law Meadowon rigs. And we've had other petitions in the past that were done a similar way as well. >> I was under the understanding that you can't make a existing non-conforming building more non-conforming. >> So, it depends on the interpretation of
the zoning code. So usually if you're creating a new non-conformity, you're not allowed to do that. If you're altering or expanding existing one, then you can get approval from the planning board as long as you make the finding that that
expansion is not more detrimental >> detrimental, right, >> the neighboring area, >> not going closer to the road or things like that. Or if you feel that them expanding the building and take away the parking spots there is not going to be detrimental, then you have to make that finding in order to approve it. Does that make sense?
>> Yeah, that makes sense. >> So, it's up to your discretion. It's a discretionary use. It's a special permit. It's up to you to decide whether or not if on this case it makes sense to make that finding. And you have to obviously take testimony like you usually do, but that's just clarifying it a little bit better for
you. >> Okay. So, I'd like to have a motion to open the public hearing. >> So, move. >> Second. >> Any discussion? Hearing none. All in favor say I. >> I. >> Hi. >> Hello. How are you guys? >> Good. So, tell us uh what you have in
mind here. >> So, the idea is uh a proposed warehouse addition um for Mr. Maruka's business which is Trey Olive uh you know seller of olive oil, balsamic vinegar, gift baskets, things
like that. About 95% of the businesses is online. Uh there is a small retail portion of the building uh which shows on the site plan. Uh basically he needs the warehouse space for for inventory and inventory management. Um and that's
why we're here. >> Okay. We don't have a visual. >> This is existing >> places back here. This is proposed proposing just extending straight back. Still maintain here
these parking places, but we still meet the parking requirements traffic going up. Oh, >> the deliveries that they're going to be expecting, they get a a delivery a week or so. Okay, there you go.
>> Questioning business. It's been for been there for a long time. Very low minimum traffic. >> Yeah. >> Parking spots stay within the not there yet. Parking spots deleting. >> So the parking spots are I actually show
you might be losier if uh full size print here. >> That's okay. So, so the existing spots here be erased to the proposed addition which is going over the impervious parking lot already.
Um, these spots currently are just being used for pallet storage for for the inside um inventory, but the remaining parking place, but that's easier to see. Thank you. They still comply with traffic at all.
>> So, how many cars do you have parked there on average? Would you say like during the day? >> Um, there's probably three cars, four cars in and out. >> I've been using most of the spaces anyways. >> No. No. >> Yeah. >> Okay. So, there is a request for two
waivers. One is the waiver of a traffic study of a storm water rep. I have a motion to wave each. So move >> second. >> Any discussion? Hearing none. All say I
>> I. >> And then Rob, do you want to walk us through other conditions? >> Yeah, sure. Um, so there are actually two other things you have to wavers for. I just realized that you have to approve one of their plan D not having to
topographic data and then you have to approve their waiver for building plans via the special permit requirement. I don't know if you want to make that motion now, Mr. Chair. Um, someone make that a motion. >> So move. >> Have a second. >> Second.
>> Any discussion? Hearing none. All in favor say I. >> I. >> Anyone opposed? Hearing none that passes. And I guess uh to go back to your other comment about conditions. Um so the only thing I would recommend making a condition for both per um so
they had forgotten to put the location of the relocated trash recepticles. So I think a condition of both permits should be prior to filing with registry deeds. The applicant just has to amend those plans to show the new location of the dumpsters with the enclosed fencing as
required under the bylaw. And then for the special permits, uh I don't know if this is something you want to discuss the board. If you want to put any conditions on times of deliveries, whether it be for to the business or for trash, up to you. If you don't want to, that's totally fine, but I wanted to bring that up as a discussion point.
>> So, I mean, I I did talk to you about that this afternoon. I mean, there's like really no residential area in immediate area of the business. >> When do they typically come? Yeah, >> I was just going to say, you know, when do you typically get deliveries or
>> It's during business hours, so between, you know, 9 and 5. >> Yeah. >> Yeah. So, I mean, seems like you don't want to do that. So, I I just recommend doing that first condition for both permits about updating the plans to include the trash recepticles and then once we get that, um, obviously I'll
draft the decision documents after the fact, but we'll still expect those before they can file. >> Is that going to reduce the parking? >> Uh, I don't. Would that reduce the parking, Mike? No, no, no. It shouldn't reduce the parking. We have the corner of the parking lot as uh boxed off.
That's where we will propose. >> Okay. >> I guess another question too. Snow storage. Where do you guys typically plow the snow on the property? Is it just to the woods back there or >> 13 parking spaces? >> Yeah. >> Okay. >> Yeah. >> So those that uh additional condition about uh fixing the plans. I have a
motion to approve or do I have a motion? I >> have a second. Second. >> Any discussion? All in favor say I. I. Anyone opposed? Okay. So that passes. So I'll take a motion to approve
the special permit site plan. Now approve the site plan review and special permit. >> No. >> Have to close a closing public hearing. >> Oh, thank you. Move from the closed public hearing. >> So moved. >> Second. >> Any discussion? >> Hearing none. All in favor say I.
>> I. All right. We have to adopt the findings of both the site plan review and the special permit and then approve both. >> Okay. >> So move. >> Do I second? >> Second. >> Any discussion? >> We got it. >> We're getting there. It's been a long day. >> Yes.
>> Uh any discussion? Hearing none. All in favor say I. >> I. >> All right. So now am I at the main motion? >> Okay. >> Okay. Thank you. >> You want to make it? >> So moved. Now let's have a motion to
approve the site plan review site plan and special permit associated with the petition for 180 Shaker Road Mass. >> Thank you. >> Thank you. >> Okay. Any discussion? >> I just I just want to say I was under
the understanding all the years in a planning board that you could make a pre-existing non-conforming B building more non-conforming. >> Learn something new every day. This actually makes a better use of that. It >> does. You think about it, it does. >> All right. All in favor say I.
>> I. >> Matter passes. >> Um, >> I'll reach out to you guys later in the week. >> Yeah. And as plans. >> Yeah. >> Sure. Sounds good. >> All right. Thank you. >> Great. >> Thank you. >> See you clerk.
>> Hey. Sites 20225-06. Request for site plan review to construct a 50 5,740 ft commercial off office office building at 95 Shaker Road assessor parcel ID 28-2-0 located industrial zone for district applicant Steven L. Graham,
trustee of Billingford, 35 industrial raw drive, sweet 1, east metal, mask 010. >> He was in South last night and was here tonight. >> Let's see. Probably twice in one day. >> Miles.
>> Good evening. Good evening. That >> for us. Sure. Uh fake. So we need to open a public hearing. So move. >> I have a second. >> Second. >> Any discussion hearing? None. All in favor say I. I. >> I caught that one. So >> Okay. >> Thank you. Uh good evening. For the
record, I'm Rob Lec from our Lebec Associates. Here with me this evening is Steve Graham. He is the project opponent for the proposed project at 95 Shaker Road. I must note that also it's uh our Levthkin Associates Cara Nina Fazio permitting coordinator.
>> Yes. We all remember spectacular. >> Just want to point that out. >> Still spectacular. Good. >> Appreciate it. >> Okay. Um, so yeah, so we're here this evening uh as Rob had read off. Uh, we're proposing an 11,480
square foot. I think that's the square footage building, two stories. Um, Steve has a tenant uh for the proposed building. It is the business bank. Um they are a banking inst financial institution that does work directly with businesses. Um they are going to be
occupying the first story of the building. The second story uh is being built or contemplated and built on spec at this point. Um we're also showing that as office space. So we've done some calculations related to calculations.
Specifically this type of use requires five spaces per thousand. um that the five spaces per thousand is pretty typical for like a medical office use similar to what you might see over in Converse Street types of uses. Um in this particular case, the
financial institution will have just a few um of their own staff that will be occupying the building. Um as you are aware in this current or modern work world, a lot of people will be working remote. Um so there's a percentage
that would be working remote. In addition to that, um, we, you know, we have not identified a tenant for the second story and certainly would be willing to come back and discuss as we have a tenant for the second story, discuss that with the planning board. But right now we're requesting a few
waiverss related to parking um and traffic based on the kind of the uh I don't want to say but minimal um uh you know generation of both uh traffic need uh and traffic it I'm sorry parking need and traffic itself. So we are proposing
uh 38 parking spaces it based on the five per thousand it would be 58 parking spaces required. Um, so we're requesting a 20 space waiver. Um, you're you're also going to see on our site plan on the right hand side or
the north side of the proposed building, uh, we're showing an access way. Uh, Mr. Graham does own the properties to the rear. Um, we are contemplating ideas for that area. Uh, we understand that there's some zoning um, in downtown that
might be passed in future. Uh, so we're kind of interested in seeing what comes out, what the town comes up with. Um, but for now, that's kind of a placeholder. We didn't want to cut ourselves off from the rear. Um, and that would provide a potential access point in the future. So, just to orient
you to our site plan, um, the existing white building at 95 right about back here, that would be demolished. Okay. >> So, what is that currently? >> It's a retail antique type of space. >> The living room. >> The living room. Yes. Okay. Yeah. All right. >> So, you're not touching the building in
front that is part of Maple Court, >> correct? >> Where the barber shop is and Chapter Lane is that >> line kitchens is >> that's that's staying there. That building is staying. Okay. >> Yeah, that just that is right here. >> Okay. I I'll bring up my existing conditions. You'll see it a little
better. So, that's right here. Um the existing white home and then the other buildings will remain behind that. But right now, um, that home would need to be removed. Um, we have a storm water management system per the regulations. Um, and we collect the storm water from
the roof, the parking lots. We have a, uh, a surface infiltration basin in the back. We would have loved to be able to put that underground. We do have some shallow groundwater. If you're familiar with the area, there's some shallow groundwater, so it requires us to have that surface basin in the back, much to Mr. Graham chagrin.
So, we're going to do our best to actually uh dress that up and make that look as nice as possible. We did locate it in the rear. Um, as things are contemplated in the back, we'll, you know, potentially dovetail into how that's being
um any questions on the general site for now. >> So, the primary access into the location is Shaker Road. >> That is correct. >> Yep. So there'd be two curve cuts, two uh full surface curb cuts and just to
give you some reference. So here's the lot itself. That's the the building. This is the existing conditions plan. That's the existing these are the two existing buildings. Those would be raised and the building is going out in front to the parking lot area. Um it would be essentially reconfigured
completely. So Rob, can you go back? So I'm I'm lost here. Sorry. Uh existing edition. >> Where's Shaker Road? Sure. the bottom >> bottom of the plan here. >> Okay. >> Okay. >> Where's Where's Maple Court?
>> Maple Court is here. >> Okay. >> Okay. Um so subject property. That's the white uh turned side gable roof white building there with the with the retail. >> Yeah. Yep. And then this is the existing
part. Demo existing building. Demo the parking lot. Build a new building. The footprint just the foot story is 5,740 square ft. We have 13 parking spaces along this side. We have handicap spaces
along the building where there are eight spaces. heavy seven to the north also with another handicap space there in anticipation of the potential technique upstairs those types of things and on how we handle that use we have dark sky
compliant lighting that we're proposing within the property these are the light pole locations believe we have a phototric plan that also provides information regarding math here's the grading planned um the pro parking lot as it exists now slopes toward parts of
Shaker Rogue. We're going to kind of mimic the pre-development conditions, which is generally a requirement. We have a couple grade breaks basically here, here, and here. So, the water splits like this, like this, and like this. Uh, we pick some of the storm
water up in front. We bring it to the back, bring all the roof water to the back, handle that behind the building. Um, we'll work with Mr. on uh landscaping and trying to make that as practically as possible. Uh this is kind of more detail on utilities. Right now
we're looking at bringing water. Um this would require a fire suppression line. So we bring a fire line to the building because it's over 7,500 square feet. Um we're also dealing with gas which we is available. We'd be bringing power across the street, dropping it down when we get
on the site. >> Pretty straightforward from that in that regard. landscaping. Um we'll have a lawn panel at the front of the of the building. There'll be foundation plantings uh along and around all four sides of the building. We have trees
that are proposed throughout, you know, we have uh red maple and a few other uh uh selections. Our dumpster, I don't think I mentioned this, is kind of in the back corner. Again, financial use, a lot of paper, maybe a couple milk
cartons here and there, but generally uh shouldn't be too impactful to the use. >> Questions? >> Yeah. So, I work for a company that is across the street. >> Oh, okay. >> At 96 Shaker, and then you've got the beauty salon. Then you've got the animal
co veterinarian hospital right there. So, how are you coordinating access into egress? Because there's a lot of access egress that short area right there and you're not that far away. But
I I guess I don't want them both, you know, one's going out and the other one's trying to come in and sure you run into that. So, have you take taken that into consideration? >> Uh, we have um to the extent possible. Obviously, our building location is
driving. Also, our access aisles and our parking. So, our curb cut as it exists now um is right here. You can It's hard to see, but right right where my finger is, that's our existing curb cut. And
we're shifting it ever so slightly to the south. So, it'll be slightly farther away. This is a right turn or or a left turn in to the plaza across the street. it here. So, our entrance is slightly farther away, so probably a slight
improvement over existing conditions. And then we are not directly across from any curb cuts with the northerly access point. >> And then how close is that driveway, the one to the left, the Hampton Engineering?
>> Oh, this is the Hampton Engineering property line, and this is their edge of pavement um to their to their parking lot. So approximate but 35 to 40 feet from the from point of curvature to point of curvature on the radi.
>> Thanks >> Rob. >> Yes. >> Seems like asking for 20 less spaces is a is a big ask. Can't you take that triangle in the back and push all that back a little bit and put some more parking spaces along that like to the
right of the dumpster? Can't you move that back a little bit? Yeah, it's a good question. Uh >> that's a lot of spaces to ask for. >> It is on paper as so we have we do have the b a lot of times we don't have a tenant. Uh in this
particular case we do have the benefit of communicating the nature of the business on the first floor is that they will have approximately is it 12 to 14 people at maximum. Is that correct? I I would say 12 at maximum, but but
probably more like six. >> And then they they have they don't get the typical foot traffic in their lobby that you would expect because it's a business banking operation. So you're not going to get the the people, you know, with the bank books coming off the street, you know, the normal uh personal
banking folks. Um so they are a fairly light user. Um, again, we don't have a tenant for the upstairs use, but we're actually thinking that they are way overparked right now with the first story use only. The second story use is
really why we're showing the rest of the parking. Um, so there's different variable, you know, parking variations throughout, you know, the local communities that we work in. Some are, you know, one per 300. an office space
sometimes is, you know, one per 250. There's there's a there's a bunch of variations. Um in in actual practice we feel very confident and the tenant actually which is probably more important feels very confident that they will not be
you know they frankly not even will not even be using the um and again as we go into the future um without sounding disingenuous we want to make sure that we're not
uh the land to the rear provides a good really nice potential opportunity for the town for Mr. Graham. We're looking at some of the zoning that might be passed, but we want to try to earmark that as much as possible.
>> Cha, what's your parking space? 16 ft long. >> Uh 9 by 18 is your typical parking space. These are 20 by 9. nine by 20. I think it's your >> So you can't you can't take up 18 more feet going because here's the here in my in my mind having done this for like 17
years. You give it to one person, you got to give it to everybody. >> Yeah. >> So that's a lot of parking spaces. You get a restaurant that says, "Well, I'm not really that busy or whatever. There's more more uh you know, >> take out >> takeout and stuff like that." So, I I mean, I would like to see you put some
along here >> where the dumpster is to the right and move move your other drainage stuff back a little bit. >> That would probably in the future plans that would probably kill a number of potential housing units. Um, just
conceptually, >> it's it's five per thousand. So, you know, >> yeah, I mean, so the zoning >> obviously that waiver is discretionary. We feel confident that um this project will function quite well without that. Um
you know this again is a financial use. It's not a restaurant use. You're not going to have and >> I I understand that but I have to say yes to something that I might have to say yes to later. >> And you know it's if the land is there the land is there to use and it's 18 ft.
It's not 50 feet. Like I say is respectfully we don't know we need it and tenants change. >> Yeah. >> Yeah. So what if the tenency changes and it's >> if there was a condition that they had to come back in I think even if you know when the second story tenant comes in if you wanted to see that I don't think we'd have a problem with that condition.
>> But also there's a process for when if they do have a tenency change um typically they would come to the town and get business license and that's usually when I would flag it and say okay you don't have enough parking spaces to accommodate the new use. And that's when they would have to submit a parking plan with me and I would have to
review it and decide whether or not it would have to go to the planning board, which if it's more than 10 spaces, it usually has to go to the planning board. And that's when they would need another site plan review just to add the extra parking spaces. So, if anything, you're kind of placing a burden on them to have to come back in the future by granting
them temporary relief now if they're going to stay with these tenants that are coming in. >> Uh so, >> if they did that, they wouldn't be able to add temp. they would if they submit a if they submit an amended site plan. So they have to do another site plan review
hearing with new plans showing the increase in parking. So if you were to approve the waiver now, it would help with this current project. But if a new tenant were to ever come in, even if it's one allowed by rights, we still would apply the parking requirements
onto that new tenant. And this would be caught up in building planning. Whoever reviews it would would notice that. So, it is up to your discretion. Again, case by case. Just because you approve this request doesn't mean you have to do it for anybody else after the fact. >> It just depends on the project and what you're willing to do.
>> Rob, could you gather any more spots in the corners? The square and that triangle lopsided triangle thing are right on the edge of the buildings. >> Yep. And >> with the radi um I mean is it possible potentially, you know, maybe one here?
It cuts down on obviously the uh the landscaped islands and you know it is a financial institution. We try to want to make it want to make it as attractive as possible. Um frankly in a perfect world we would put the infiltration basin and underground and it wouldn't take up as much real estate in this particular case. If you're familiar there's a
retention p long retention pond over here. So you probably never see dry, right? It's never dry. Yeah. >> So it's one of those situations. So we're uh we're doing the best with the soil and ground conditions that we have. Um, you know, that said, um, it's really
just, you know, punting it away. Um, and if we felt we needed it, we certainly, you know, and maybe Steve wants to speak to this, he has had direct contact with the client or the tenant. Um, any any thoughts there? >> The the only thing I I'll I'll mention
just to be clear on the tenant is that this is not a consumer lending institution. So there's no home mortgages or personal loans or auto loans and the traffic is very very limited on a on a daily basis going in
and out of of of this uh tenants space. Um can you move the dumpster? >> Yeah, probably >> you get a couple more spaces in there.
Yeah, we could probably get two. And if >> Yeah, we might be able to get Yeah, I think we could at least get two, maybe more, depending on the orientation so they're not backing into each other. But yeah, they could do that.
>> I I understand the that the pressure is on the planning board and the land is there to put more parking spaces in and take some of the pressure off the planning board. And I know you're looking at the future developments, but you're talking 18 ft of property. You're
not talking a lot. Would that if if they had the housing density and all that stuff done, would that really make a difference in a future project, 18 ft? >> So, conceptually, it would probably
kill a row of units based on the geometry that's in my head. We've we've laid it out a couple different ways. So, it it would probably kill four housing units. >> If you could squeeze in 10 more spaces, I would say absolutely. To me, 20 is a lot.
>> It's actually impactful. The basin itself, they weren't happy to see the B, you know, the project team. So, it is impactful. Um, you know, I'm not saying it can't be done. They they do own the land, but it it is impactful. if they, you know, if any way we felt we needed it, we
certainly wouldn't request the waiver. Um, >> is it possible that we can approve this as is with a plan B? If the tenant changes, we can find the parking spots by moving the dumpster, taking out the corner. >> That's just what Rob said, right? Yeah.
That's >> easy plan for the future. >> That's down the road. >> You just don't want to go back and go like, well, we can't find 20 spaces now because this is what we built. if you could remove the corners, the dumpster, and then all of a sudden you gather the right spots. >> Well, our zoning bylaw is designed in a way where um you know, it's kind of ingrained that any future change were to
happen, they kind of have to do the parking spaces unless the board gives them another waiver down the road. But if the use is more impactful than the current lending, business lending uh organizations going on the first floor, then you can make the call that okay, this is going to generate more traffic.
Obviously, we can't approve the same waiver. They have to add more parking spaces. So again, I want to stress that it's a case by case sort of thing. So there is process in place to accommodate any future change in Tennessee, which is ingrained into the zoning rags today. I
just think that really putting condition on it where they have to come back with the change of a tenant. I mean, you could do that if you wanted to. I don't really see it as necessary because we already kind of do that process in town hall between two departments. Um there's
there's procedures in place to kind of accommodate and make them change the site if there's a more impactful business coming in. So that those things exist. I guess >> it's easier for us because he also owns >> that space. >> Yeah. >> Yeah. >> So >> I would feel much better if he moved the
dumpster throw a couple more spaces in there. >> Any other discussions? Mr. Lec. Good. >> It's a great project. Yeah, it's a great project. It >> is a great project. All right. Uh this is a public uh
hearing. Anyone in the audience or by zoom would like to be heard on this matter, please raise your hand on Zoom or anyone in the audience? Okay. Hi. >> Hi. My name is John Flynn. I'm uh the
owner of the property next door, Hamlin Engineering. We've been there since uh 1954. >> Yep. >> Just want to state that uh we're quite in favor of this project. We think that the work that Mr. Graham has done for the town of East Lame is fantastic and
we know having looked at that building for a number of years, anything is going to be an improvement. And I certainly appreciate, you know, your your comments on the, you know, the traffic >> on the other side. We certainly see the uh the line of cars in front of our
building usually around 3:00, I think. Right. Right there. But I don't think this is going to impact that at all. >> So, we're quite in favor of it. And I want to just comment you on your diligence. I was a member of the planning board in Hampton for 16 years before starting my service for 21 years
as on the select board. And I want to say that uh the way you guys presented you guys the lady presented are fantastic. So just want to comment and compliment you on that. >> Thank you. >> Thank you. >> I'll ask one more time. Is there anyone
in the audience or on Zoom like be heard on this matter? Hearing none, I'll take it back to the board. Motion to close the public hearing. >> So moved. >> Have a second. >> Second. >> Any discussion? Hearing none. All in favor say I. >> I.
>> I. No one opposed. So the public hearing is closed. I bring it back to the board. Um on con on on we'll start with the waiver request. >> Yep. So I see Oh, I had it right here. >> It's on page five.
>> I've got it. >> Yeah. >> So there's traffic study. There's a request to wave a track. I mean, I know that area very well. I think we all do. So if it they're going to come back,
you know, with with a potential, you know, new tenant and have it reviewed by our planning director. I personally don't see a need for a traffic study. either. >> I agree. >> You're going to have the line of traffic regardless of where >> it's already there. It's not going
anywhere. >> All right. So then, why don't I can I have a motion to wave the requirement for a traffic study? >> So move. >> Second. >> Motion made in second. Any discussion? Hearing none. All in favor say I. I. Anyone opposed? Hearing none. That
passes. So can you explain the proposed business sign waiver? Mr. director >> the business sign waiver. Um trying to see where that is. >> I thought the all all signs went to the building inspector. Anyway, >> they do. Yeah. I don't see a waiver
request in there for that unless I'm looking at the wrong spot. >> Um >> I got it right here. >> See, >> request for waiver. >> Oh, you know what that is? That's alpha requirement for site plan review. um as an application material. Um and also
they have to put that in their plans technically, but um you you could actually approve that request if you wanted to. Um but they do have to come to the building department eventually to get us signed. >> Okay, have a motion to approve the waiver. >> So moved. >> Have a second.
>> Second. >> Any discussion? Hearing none. All in favor say I. I. Anyone opposed? Hearing none. That passes for off- streetet parking. Um, can at least start with a motion to approve the waiver request.
>> Move to approve the the waiver request on street parking. >> Do I have a second? >> Second. >> Any discussion? So, I'm I personally would be okay waving it because of the condition that Rob indicated.
And I'm thinking the same way because whatever happens, they're coming back. >> Yeah. And I think it's easier on this board given that he also owns the all the abing property. >> Correct. >> So yeah. >> So it wouldn't be a condition that we include, but that's something that's already in the zoning text. >> Okay. Okay.
>> So it's a fail safe that we have. >> Where where would you put the parking if it came back and it >> the second story tenant had to have more spaces. Let's say saying that your proposed thoughts for later on usage were came to
fruition. What would you do? um my crystal ball only being so clear. Um >> I would Yeah, potentially next to Chaplain's there's you know they he controls that building. We'd have to see if there's a way to reconfigure make it more efficient. Um kind of shared
arrangement type of thing. Um >> and how much land is in between your uh access on the right uh between that and Captain Lane's building? >> Oh, there's not enough for for a row. I mean, so it would be to the rear of that. >> Oh, okay. Building,
>> you know, you're kind of connecting the two sites to the rear. You know, at the rear, >> you're going to move the dumpster. >> Um, I'm going to do whatever the planning board tells me to do. >> What do you think about it? >> I mean, I think does it make any difference to you guys? >> I mean, there's places you can get the
space if you need to. >> Yeah, I think >> the dumpsters. Not like you're paint yourself into a corner if you're like this, >> but if I again they're going to be if something happens, they're coming back. >> We're just approving, >> let's say, phase one here with with >> right >> first floor tenant. >> The tenant changes.
>> If the tenant changes or you you know, you get second floor tenants, then it's coming back anyway. So, >> plan B that we can, >> right? There is a plan B there. >> Okay. >> Okay. That that would be over here. More parking would be over here, >> right? >> Yeah. Yeah. It's just asking for 20 less
spaces. I know someone's going is is watching or is going to go, "Oh, now I can do this. That's the problem." >> Yeah. But again, it's bail safe. >> Yeah. Bail safe. >> So, we have a motion. It's been seconded to wave the off streetet parking requirement.
All in favor say I. >> I. I. >> Anyone oppose? Say nay. Hearing none. No. So, walk me through this process, Rob. So what other conditions do we need to approve as part of the site plan?
>> So uh next you have to approve the findings made for site review. The standards for review comes out of nine. Afterwards, they have to discuss and approve additional conditions on top or
conditions. And lastly, you have to vote on so it's up to you whether or not you wish to read each individual finding or just approve them in block. Uh have a motion to approve the findings as a whole. So move.
>> Second. >> Any discussion? hearing none. All in favor say I. I. >> Next, Rob. >> So, uh, there's three proposed conditions I included for this petition. So, for the site plan review projects, which are proposing the construction of
a new building and altering the site significantly. Um, I'm still including that condition where they have to reach out to the director of planning after construction before issuance of certificate of occupancy uh to look at the site to visit to make sure it's built according to plan. Um this has to
occur within six months after construction has completed. Uh and as mentioned here, they cannot get a certificate of occupancy until this site visit has been scheduled with the plane department. Um the other condition proposed includes installing directional signage. It could be signs, could be
painted markers on the driveway indicating where traffic is going to go within the parking lot area. We understand you have arrows in the plan currently. Those arrows should exist or have signage of some sort. need nowhere to go. Uh and lastly, um I'm proposing adding a condition where it says any
light fixtures on site shall be downcast and mitigates spilling over onto neighboring properties. It's a very tight area. You don't want light shining onto neighboring properties. Even though there's no residential properties nearby, I still think it's good practice for the board to consider. Uh those are
three conditions that you could consider for the petition. Up to you. And would this project qualify for review for the design review committee? >> Uh yeah, technically because it's a site plan review hearing. Um yeah, it does.
>> For those who don't know, about six months ago, we brought back the design review committee. Um I believe have they met and reviewed the initial plans for the assisted living facility?
>> They did not. So usually the plane board is the authority that calls onto the design review board to meet and to discuss. So we did that. >> I don't think we have any system. Okay. >> Well, I I'd like to kind of I myself would like to at least start with this
one. So >> Okay. >> Yeah. >> So if you were to do that, you would have to continue this until after the design review committee meets because the way the bylaw is written is that can't approve a site plan review until design review board does their thing. >> Okay. >> Yeah. So, that's just another thing to keep in mind.
>> All right. So, I'm not going to do that. So, you don't need to bring it up. >> But moving forward, we could um identify projects that would trigger it. >> Yeah, that's what I'd like to do. >> Yeah. >> So, just tell us what what materials do you plan on using?
>> Do you have the details? >> Yeah. >> Well, we haven't finalized materials of construction, but we're um it will be tastefully done. I can tell you that. So, so I I guess I don't want to have my head bit bitten off like I did by some
people with the Chase Bank. >> So, I would like it to be as tasteful and as um reflective of Van Meadow as possible. That's >> I think with what Steve's done, Yeah. the train station reflects his desire to have something attractive in the Senate
Van Meadow. >> We just wanted Yep. >> Okay. So, the additional conditions as expressed by Rob. Do I have a motion to approve? >> So moved. >> Do I have a second? >> Second. >> Uh any discussion?
>> Okay. All in favor say I. >> I. >> Anyone oppose? Say nay. Hearing none. So now the site plan um as presented with the conditions. Do I have a motion to approve? >> So moved. >> I have a second. >> Second.
>> Any discussion? >> Hearing none. All in favor say I. >> I. >> That passes. Thank you. Thank you very much. Thank you for >> I'll reach out later this week. >> Thank you. Yes. >> Is yours, Mr. Willa,
right? Uh have a fairly quick. Uh so I have the next four meeting dates till the end of the year. At some point in December, we're probably going to have to approve the next set for 2026. Uh I'll probably do that for that
December 2nd meeting. Um, so you have a continuence on November 4th, 2530 Chestnut Street. Uh, it will continue from October 7th, 2025. Uh, just a heads up, that meeting on November 4th will be held at the East Law Meadow High School Auditorium. The
petition for 3:30 Chestnut Street will not start till 6:30. The first half hour of the meeting will be dedicated to discussing with Ken Kia from Pioneer Valley about the uh, housing production plan update with the town. um some updates on some ongoing projects within
like >> Can we just before I can interrupt you? So, >> so I just want everybody to remember for 330 Chestnut Street, if we get to the point where we will be taking a vote,
either in favor or opposed, you should be ready to discuss prior to the vote the reasons you're using for your decision. so that if this gets appealed and if it goes to the courts,
the judge will be able to read the transcript that says what you considered as part of your vote. You can't just say yay or nay and not give a specific reason. So, if you remember the four things that Rob put on the poster board,
you know, one was specifically, you know, traffic, one was storm water. I forget the other two, but >> um I mean one place you can look at is if you go into the zoning text available on the town's website, there's a whole
section called review criteria. It's uh believe it's 9.5 9.6. Usually those are reasons that you can defend in court for denying a project if they don't meet any of that criteria for whatever reason. Even if it's something that's allowed by right, which site plan interview is the same
thing applies a special permit. You could look at those on your own time. I do include them in every project report I give to you. So you can just review them right there in the project report. Um and yeah, Mr. Chair, I think you were correct in bringing up the criteria you can consider. It's those two and then
obviously >> there were a couple more. Yeah. >> Uh meeting all the required materials up front for the site plan review. >> Yeah. >> Uh health and safety is always a good one that applies to everything. >> Uh and then detriment just to make sure that the use of the land, the building is not going to be more detrimental to
the community. I just want to give as clean of a transcript to a court if it ever gets there as possible. >> You know what I said? I wanted to explain my >> my vote. Definitely. >> Yep. Yeah. That's it. >> As did I. And I think you did too, but
>> just want to make sure that we're all on the same page there. >> All right. Sorry to interrupt you. >> No, it's okay. Um just some quick updates on some projects that my department's doing. Uh some mixeduse bylaw. Center Town District Town Council is actually going to have their first
reading on Tuesday, October 28th. So, basically, we have a draft. It's not finalized. It's going to be a draft that's probably going to change several times throughout the public hearing process. So, I haven't shared that draft with you yet because I'd rather the board see it in their meeting packet
before it becomes a public hearing. Public hearing that's probably going to be continued several times and take several minutes. So, that's coming up next Tuesday. All the council's going to do, they're not even going to look at the bylaw. They're just going to say, "We want to open the public hearing,
start doing that planning board uh like they always do. The uh traffic and pedestrian survey reports, I'm actually halfway done with that. Those survey did over the summer. We had about 360 responses looking through the report
right now and I'm creating as we speak. Uh then lastly, last Thursday, October, our zoning consultant Barrett Planning Group gave a presentation to the BAR review committee on the results of their zoning diagnostic and audit. It was a very productive discussion and the group
outlined next steps after the fact. I've actually included the full the full report for everybody's convenience in your meeting packet. If you want to take it with you and have look at it, that's up to you. Um the group kind of agreed two different types of things have to happen. The first is that there are
several technical issues and legal issues we file that have to be addressed almost immediately. They kind of understood that and they ber committee understood that yes those things definitely should be taken care of right away and the way that they're going to present these recommendations
to us is in a packet with options that we need to consider. The first of which is how to address all those outstanding issues that have to be changed on the technical side. But then there's also the policy considerations. You know, there's several policy questions the town and the community have to talk about with each other.
They're going to give us suggestions of how to address those different things. Also looking for our guidance on how to shape that policy moving forward. So, I'm going to talk with them when I meet with them again next Monday to to kind of figure out what that process is going to be and there's the potential for a
community meeting to kind of incorporate and discuss how policy moving forward should be in Meadow in relation to zoning. So, you know, whenever you want to provide any comments, if you guys have the time to look through the report, please feel free to do so. Anything you send to me, I can get to
the consultant so they have it. Um, they're definitely looking for feedback from anybody on the zoning report. Um, they talk about a lot of different things, but they're doing it from like a higher level perspective. They're not really getting into the weeds too too much. Um, but they are fully aware of
all the things that should be changed. So, if there's something you think they're missing, chances are they've already looked at it. So, yep, Mr. Chair, that's pretty much all I had. I don't know if there's any questions the board had for me or anyone else pressing. >> I got a question for you.
>> Sure. >> I live in a pre-existing non-conforming home >> that was built in 1738. >> Yeah. >> Could I come to the planning board to put a garage on that would be make it more non-conforming as a homeowner?
>> So, you could, but you can't create any new non-conformity. So if the garage is being put on the building and the garage is going into a setback in which it complies with, you're allowed to do that. But if the garage is on say
if the building is 5t away from the property line facing the street and you're you have to be 50 feet from the street, can't put the garage in that area between the street and the road. You can put the garage on a different building. So for that petition that we just approved tonight,
>> it doesn't >> there's no set back at the back. >> I gota got an 180U. You can build anything you want. >> But the other thing too is that you know the lock coverage is already exceeded. So they're not creating a new issue with the lock coverage. >> The lock coverage has already been exceeded. So they're not creating
anything new. They're just exacerbating the existing nonconformities. They're not creating anything new after the fact. So, they still have those two, I guess you can call them unresolved zoning issues, right? But because
they're not providing more detriment to the area and you guys agreed upon as such, that's a legitimate path for them to construct that building. >> That's actually better use of the land than >> y >> dormant parking spaces that aren't needed. >> And people garages if it's on a building that's non-conforming and they put the
garage on the side of the building in an area where it would comply with the zoning. So, say if the garage's on the left side of the house and it meets the setback, then you can put it there with a special permit. They call that a section six special permit because of 4DA. That's a section outline. >> Yeah. Right.
>> So, you get it. But yeah, no, that's totally legitimate. You just have to make sure it works for that recommendation. >> Think I'll move instead. >> I want to give compliments to whoever did all the sidewalks on Westwood and Maple Street. I think that project came really quick.
>> Yeah, people are really looking at it. It was uh so we got the funding. I I applied for a grant through DOT to get the funding for that million dollar. Y >> Bruce did a really good job coordinating all that. >> Uh Bruce Fenny PW director. >> Yep. They did it quick. >> It went quick. >> Yeah, really quick. We have a motion to
adjurnn. So move. Second. All >> in favor say I. I.