Calling the Tuesday, December 16th, 2025 meeting of the Esau Meadow Planning Board to order. Um, the call of the order. So, roll call. Mr. Punderson, >> Punderson, Bill Fika, Russell Denver, >> Cassandra, Chair Holden,
>> Robert Tr. And we're joined by Rob Woodilla, director of PL. And I'm required to ask if there's anybody in the audience or by Zoom who might be recording this meeting. If so, please state your name and the method you're recording. Hearing none, we can move on.
So, the first order is approval of the November 4th, 2025 meeting minutes. Do I have a motion to approve? >> So, move. >> Second. Second. Any discussion? Hearing none. All in favor say I. >> I.
>> Next matter, Mr. Clerk. uh ANR-2025-08 request to reconfigure the property line shared between four DAW Street and 280 Elm Street parcel IDs 35-12-C and 35-11-0 located in the residents a zoning
district applicant Christopher Graciano Street. >> Hello guys. Okay. So, thank you. >> Um, so I don't know if you guys have a copy of the plan, need a copy of the plan. Can you read that? >> Uh, I always wonder when they make me submit them on smaller sizes how you
guys are ever going to read them, but >> we do our best. >> Yeah. So, the idea is just uh the existing house at four has kind of a t-bone that goes off with some frontage on Maynard Street. Um they're going to be
uh cutting that part portion out and combining it with the Graziano Gardens Center and leaving the house with uh uh with the frontage on. >> So was it this here? >> Yeah. So there was a he owned this line.
This was current property line. This piece right here is joined with this house right there. So it's uh >> there was a line right here. That's the line being hard. Yeah. >> All right. >> Okay. Yeah. So, it's uh there's a line
the existing property line's right here. So, they're joining. >> You can see it if you just squint at it. Yeah, I know. >> And do is a public way. >> This is a private way. >> Okay. >> Uh established in 1951 before the subdivision control law went into
effect. There have been previous ANRs signed by the SATA planning board further down Dodge Street on the private side. um and lot line reconfigurations done. The access to the existing house is River Street which is paved public
way straight ahead. The driveway comes directly off the end of the pavement. >> U but it is there has been in town of of ANR signed on and in and building lots created further down. >> Our street goes all the way through now. >> Goes all the way through. Yeah. Yeah. Yeah. Yep.
>> Rob, any issues? No, I looked at it. They conformed to the zoning. Um, despite rearranging the lot lines, um, I didn't have any issues on my end. Looks good to me. Okay. Questions? Hearing? None. Do I have a motion to
Hold on. Do we have endorse the >> So move existing. So any >> discussion hearing? None. All in favor say I. >> I. >> All set. >> Thank you. You guys have a great holiday. >> You too. Thanks, Mike. >> Hey, Mike. I'll um reach out tomorrow
about when you guys can pick up. >> Yeah, perfect. Let me know. >> Merry Christmas. >> Merry Christmas. >> Merry Christmas. >> Oh, take care. >> Um there are no public hearings. Um so, new business discussion on design review process. So for those of you with a good
memory, I um raised this a question about I guess the timeline when design review kicks in on a project. Go ahead. >> Um you still have to approve the 2026 meeting schedule, but you can do that later if you want.
>> Oh, all right. We'll do it. Um >> the dates are included in your packet, by the way. >> Yep. >> Any questions on that? >> On what? on the approval of the before that or it might be right after that
>> approval of the meeting schedule for 2026. >> Can we take that home run? >> So you guys have um it's a election year, midterm election year. So there's three elections. You have the state, town, and um primary. So state primary, state general. So that's why you have
those three meeting dates off. Um, but other than that, everything else is pretty much business as usual with the schedule. >> Have a motion to adopt the 2026 meeting schedule. >> Second. >> Any discussion? Hearing none. All in
favor say I. >> I. >> Cool. >> Thank you, guys. >> All right. So, um the timeline on when the design review committee would review
um proposed projects and I thought that it would be before they came to the planning board and Rob told me that no, it comes to the planning board first and then it's up to the planning board to
determine whether it should go to the design review committee and I wanted to have a discussion if that's how you believe it should go. I am thinking of I am a petitioner
and I file I get approval and then there's another >> yeah potential change and do we give the planning director andor members of the committee first crack at determining
whether it should go through design review committee before it comes to the planning board. So by the time it comes to the playing board, the design has been >> reviewed. >> I think that we need to ask more questions when these projects come to us. >> Yeah. >> And just ask more questions about what's
it going to look like, what's it going to be made of and so forth. And then during that discussion with the petitioner here, we can say this needs to go to the design review committee >> and the approval will be approved upon >> the adoption of our suggestions.
So do we then ask Rob or andor whoever is planning director to you must provide people when they want to come for like site plan projects and so forth you know these are the things that you should be
aware of kind of like a >> yeah this usually you talking about for just when people approach us about building anything in town. >> Yeah. >> Yeah. Typically that's what we do. we would um work with them to make sure they comply with our zoning rigs. And then we want them before they submit anything to ensure that we have everything we need up front so there's
no issues or hiccups or something that we didn't see that a significant change down during the public hearing process because we think that's a waste of everybody's time and delays things. I think you know that disrespects the board because the applicant is not willing to uh do everything that's
required up front to come to the board. I think it should go before I'm just thinking if you I've come up with a project and it the design just doesn't work for my build and we can't get there then like I said it's just wasted everybody's time. So I think if you come with a project this is what I want it to look like they review and say that's
fine that's great. If they can't come to that then I got to go back to the drawing board before I even come here cuz if I get approved here and then go there a stalemate. Like I can't make it look like that. Make it >> I say we should ask all the questions right here while while they're here.
landscaping, you know, what what it's going to look like, proposed materials, uh trash location, you know, architectural details, all that should be asked by the petitioners here. >> And then if we don't don't like what they say, then
>> review committee. >> Yeah. >> Cuz if I went to them and they said, "Oh, looks great." And then I came here and there was a problem, I think I would be upset, >> right? So I'm a little confused. I don't know where people are going on this. I I You sound like you want it all hashed
out before you come here. >> You're saying this board should determine whether it should go >> right by ask by asking these questions. >> Yeah. If I ask >> if if it doesn't sound like it's going to be >> I would agree with >> you know been working with the town design then we say you know we we're
going to approve it but not until the design review committee has gone through it and brought the you know changes to you and you've accepted them >> and that and we let them know upfront for transparency that it will go >> and they may they may even go as far as to say well who's on this committee and
you know then we identify ourselves. >> Yeah. >> But I think that I agree with that. I think we need to set conditions and any changes that we feel are viable prior >> by asking questions >> these these questions here >> and then bring
>> So when you say prior you mean during the site plan or the right >> special permit process right >> so then our decision then would be incumbent upon approval of the design >> by the design review committee >> I would agree with that
>> actually there's some clarification I'm reading the text now and I might have interpreted this incorrectly so I apologize if I on my end. Uh so I'm looking at the zoning bylaw, right? And I included this language in your packets. Um so you go down to where it says
and kind of go down a little bit number three. I believe it's on page. So it says that the design review committee shall review applications for all actions that are subject to the provisions of this article which is site plan review and design review shall make
recommendation to the planning board and actually says here Russell prior to the public hearing for site plan review as to the conformance with the design standards established within the section playing board shall retain overall responsibility and authority for design
review approval. And then you go beyond that to see where it says applicability and reviewable actions. Design review shall apply to all non-residential proposals to construct new or change, alter, modify, remodel, move or demolish any and all existing
structures or signs excluding interior modifications. The industrial garden park district is exempt from this review. For external enlargements of less than 2,000 square feet, the plan board may request a determination from the design review committee prior to waving any or all of the site plan
review requirements. So technically design review can happen beforehand. Um I guess the one thing that I'm just curious about is do we want every single project to go to design view first or do you think there might be some exemptions? I mean I'm just curious what
the board feels about that. That's why I think you should ask these questions while that it's being presented to us so that you have an idea. Otherwise, you're going to have to meet with them and find out what's going on beforehand. >> Yeah. >> It's a whole another meeting. >> Whereas, if you can discuss it openly
and they agree to, >> you know, keep make make it like we want it, then there's no need for design review after that. There really are. >> Also, design review is one of those things where it's not um statutoily tied to any state law. So this is a a committee that is an ad hoc. They
provide recommendations that aren't binding. So technically the planning board could just disregard all the recommendations altogether, right? The plane board is the authority that makes the binding conditions for structure, size, design, you name it. If you want them to use a certain type of siding,
you could definitely do that for site plan review. The design review committee is not stat statutoily obligated to meet for any specific reason unless the planning board decides so. So does the planning board want to establish certain
triggers that automatically sends a project to design view or are you saying any nonresidential or commercial building should just go there no matter what before coming to us afterwards? And I think that's an important question to ask because we
want to make sure that we're doing stuff consistently from here on out. So we're not just picking and choosing specific projects, but maybe there's a certain metric, whether it's size, whether it's impact, whether it's are are they going to be doing like an architectural feats of whatever that's going to cause it to
come to Desire View first. I think that's something that we should probably figure out, >> I guess. And then the question is why is Industrial Garden Park exempt? because they have their own set of design review criteria already. Okay. Playing board reviews. Um I believe it pertains to
mostly scale materials and the type of windows you can use. Um I have to review that section but had applied it to Chestnut Street project. Um and I believe they met all the criteria for
that. So, so do we want Rob to come back to us with some triggers? >> Yeah, I think that's >> on when it goes to design. >> Here's an example. When I first started on the planning board, I was on the design review committee and the the assisted living on um it would be the
west side of uh Parker Street, >> the old farm. >> Y >> I I probably said this before, they're going to put metal post up and they're going to have just great big windows. And I said, "We want some divided light windows and we want the post covered with a colonial looking motif," which they did. And that looks really nice.
Otherwise, it would have been these, you know, steel or concrete post, great big windows, and that's just not, you know, doesn't fit in with the town. Well, >> yeah. But something like that was so obvious that it had no choice but to be taken out. >> But you can ask those questions while
they're petitioner here and just, you know, if they agree, they agree. they don't then we have to go to to uh the design re review committee >> but I still like the idea of of some triggers to to get us to that point. >> I think what we should do is just as a suggestion we develop a list of triggers right because the planning board has the
authority to decide whatever you want these triggers to be. >> You created this committee. You can do whatever you want to decide who's going to go see it. >> I think once we establish those triggers I think we should formally adopt it as a zoning amendment so we can solidify them even further. >> Yeah. Forward. Yeah. >> Yeah. And honestly, I think it's a
little bit overkill to require that every single exterior modification requires designer review. I think if it's a certain percentage of the whole building, then that should trigger it. >> Yeah. >> And those are other suggestions I'll probably look into and create a whole list and then maybe at a future meeting,
I'm assuming January. Uh I don't know the exact date, January 6th, we can look at that list and decide if it makes sense. Is that okay? >> If you if you're going to be ready by then, I mean, it's not something that's so pressing. Yeah. But you know, but we want to make sure that it appears on
every agenda moving forward until we kind of have it resolved. >> Sure. >> Would I agree with that? >> Yeah. >> Okay. >> I don't think it's really going to take a whole lot of time to do this one. >> Uh it's a really quick process. I mean, >> I'm going to look at what other towns do and then just look at kind of
practicality and just see like what type of projects would usually fall into this category, make a list, and we can just go from there. >> Thank you. >> Yeah, no problem. Uh the next item is Happy Acre storm drain discussion. Turn it over to Rob's
last note and I will go ahead and give you some background on that. Um so Happy Acres Subdivision is a very unique subdivision owned by Marlene Goldstein. Um she is selling each of her lots one by one has been for the past couple
years to individual developers. So, if you go there, there's like at least six or seven different developers who are building single family homes there. And I believe they still have about four lots left that are undeveloped. The roadway is still privately owned by Miss
Goldstein and and her LLC. So, they're fully responsible for plowing, for making sure the storm drains don't get clogged, for making sure the developers that are not maintaining their erosion controls well, that they are doing so. and so that erosion doesn't clog the
storm drains. Uh, and also they're responsible for clearing the sidewalks of snow. So once the town accepts I believe it's I don't know if it's Favorite Lane or what the road is there. Farmer Circle. >> Yeah, it's not Favorite. No. >> No, it's not Favorite Lane. It's it's Farmers Circle and then Happyacres Lane
are the two roads that owned by the developer still. Once it's accepted by the town, that's when the town comes in and does all those things and then requires each resident to shovel their own portion of the sidewalk. And also the town would be responsible at that point for clearing the storm drains and
making sure they're not clogged. So the developer is out of compliance for the storm drain issue and it is still clogged to this day and they're not really addressing it. And this was brought to my attention by both uh Felix Vaton from the DPW who's our water and sewer administrator as well as the
building commissioner Will Cahillame. They both have been on the site numerous times for different uh you know building and water and sewer related issues and inspections and over time have noticed these issues arise. I've included a couple photographs in your packets.
These are photos taken by Will K. lane that shows the debris going into the storm drain that shows the uncleared sidewalks. So the only enforceable action the plane board has here under the subdivision rules and regs is for the storm drains because a once those
storm drains clog they can cause puddling and if there's freezing temps the puddling could turn into frozen ice which could cause safety issues. That also makes it very likely that it could damage the storm drain as well because of the freezing and thawing cycles of the ice. That's not really
good for the long term there. So, the plane board does have the authority to enforce the subdivision rules and regs against the developer for the storm drains. The sidewalk situation, however, we can't enforce because it's not specifically listed in the subdivision rigs, we can only as a courtesy just
say, "Hey, if something were to happen and there's a liability issue, it's on you." So, we politely remind them just to clear the sidewalks every time there's a snowstorm. So, I wanted to ask the board's permission if it comes to it where the developer is just not
responding to anything at all about the storm drains. Uh, if they're giving us a hard time, if you be so inclined as to authorize myself to draft a letter on your behalf requiring that they comply with that aspect of the subdivision rules and rags, going to give them
probably like a like 30-day period to do it. If you don't, then we can bring up the subdivision approval back to question. I'm going to work with our town lawyer to see how we could draft that and what legality the planning board has to really enforce these rules on the developer. And this has been an ongoing issue with the site for a while
now. Um they cannot have the town accept the road until they sell all the lots and they put a top coat on there and that's when the town can officially accept the road. The road's in bad shape. I don't know if you guys have driven by there recently, but it's it's looking pretty rough and I don't think
they're anywhere near where we want for certain standards. Um, so that's that's that's the update I have for that. Um it has been ongoing issue as I had mentioned and if you guys would authorize me to draft a letter working with town council town attorney not the
town council um and then just using that as a mechanism to to reopen the process of going through their subdivision hearing if they're not going to comply with us and bring that into question. I think that would really help out in this situation. You guys have any questions for me?
>> Can you um ask them to repair the holes in the road? Absolutely. >> Yeah, >> we can ask them and we can remind them that if you don't do it, A, you can get fined from DPW for making unsafe road conditions and B, you're not going to get the road accepted. That's just going to further delay your ability to have
the town take over responsibilities for road maintenance. >> The only thing I give them is they put so much fill in there that it's it's got to be moving. >> Yeah. >> Yeah. Like three or four feet of fill in there. So, >> absolutely. >> You got to give them that >> because they've done a they've done a decent job. I mean, you got if you when you go in there, the houses are nice and
>> Yeah. Yeah. But they're expensive. >> Yeah. >> And the people deserve to have better roadway. >> I've never seen >> the sidewalks cleared. >> I've never seen a subdivision before where the owner of the subdivision sells to individual developers. >> Yeah. That's interesting. >> I've only seen a developer themselves own it and then sell it and build the houses themselves.
>> So, I just think that it's a very unique situation. They've had to go to the conservation for each house because the concom approved a notice of uh conditions that says every single house on the property on the whole subdivision
has to get NOI for wetlands even though there's only three lots on that whole subdivision that's actually near wetlands. So the whole thing from start to finish has been a huge administrative nightmare for us trying to figure it out. We've had to talk to our lawyer
several times. It's just a long list of things that have been kind of coming at us. So, it's it's not been an easy thing to work with and I think the developer for the whole site has just not been doing their part to maintain the roads very well. Understanding of the construction vehicles obviously, but the
storm drains have to be cleared out. That's that's kind of the bare minimum. >> But I I've got some I know I'm the storm drains definitely have to be addressed, but I've still got some concerns about unsafe driving. >> That's also true. Y, >> you know, I mean, anybody that is, you're going to look at, you know, a piece of property or something and blow
out a tire, you know. So that's why I was thinking if the board authorizes me to draft a letter, I'm going to do some research, work with Jesse Belchure, Timmy, our town lawyer, just see whatever administrative and enforcement aspect we can look at, you know, for the road safety, for the drainage, for the
storm drains, and just see if we can kind of, you know, force them to fix these things and like what mechanisms we have to do so. Even though it's not a public way, is there any way you can address the fact that the sidewalks aren't being plowed in a timely manner?
>> So, we can't technically because our >> No, I mean, these are all safety concerns. >> No, cuz we didn't put that into our own subdivision. >> I I understand that. I'm just saying is there any loophole? I don't want to call it a loophole, but is there any language that would allow us to even look at that? >> We can only suggest it to them because
it's private property type. >> Well, you know what? Just for documentation sake, I would I would suggest it, you know, just so you know, because Well, we never heard about that. Yeah. Okay. >> No, we mentioned it to them in an email. Actually, we sent an email to them two weeks ago. Uh I sent it to the realtor, Carl Pella, to the owner, Marlon
Goldstein. They have since switched their attorneys because Josh Leavine no longer works for his former firm. Um so I don't have >> We got it. They got the email. They never responded. Okay. >> We told them about the sidewalks. We said, "Hey, liabilities on you. Hey,
clear the storm drains. There's enforceful actions here if you don't comply." And then, you know, you brought up a good point about the roadway and the potholes. That's another thing I think if there was a letter drafted, we should include. >> I agree with that. So, >> I think we should have them address it. >> So, again, it's tricky with private
property, but it is also a road. >> But we've also had >> tricky part. >> We've also had the early onset of cold weather here in this area, and pothole season is going to start a whole lot earlier. >> Yep. >> All right. Maybe as soon as Friday when the rain hits.
>> Okay. And yeah, I mean it's just it's gonna you probably can't do anything until the spring anyway, but let's at least get the ball rolling if we can put cool patch in there. >> Yeah. Until the next >> Yeah. At least get through or something. Yeah. >> Well, there's a I know there's a thawing
cycle coming soon. I mean, for end of this week, it's going to be like in the mid-40s. >> Well, we're supposed to get rain on Friday, so I mean, and then it's going to get cold again. >> Exactly. It's going to puddle. It's going to turn to a frozen lake on the roadway. And then when it expands and contracts there, here we go. >> Yeah. So, I think I'm going to meet with
the building commissioner tomorrow and figure out how we can get this message to them. You know, the raintorm is an opportunity to at least clear something out. >> Yeah. >> Are the unbuilt, undeveloped lots lower than the road still? >> I haven't been there recently enough to
really know. I know some of them seem like they're a little bit upland, but I I'm not sure. >> But the snow might be hard to tell, too. >> Yeah. >> Yeah. cuz some of the lots were, you know, they brought the roadway up and then the lot. >> I noticed that. Yeah, I did notice that >> towards the bends where it kind of curves a little bit. I think it's
Happyacres Lane that curves. Um I think that's downhill because behind those lots there's wetlands. >> Yep. >> Lot seven is an example of one that's just unbuildable because it's all almost all wetlands. >> How many building lots are there? Do you know? >> There's like uh 14 23.
>> 23. Okay. >> Is it 23? >> Yeah, there are. Okay. >> Remember George Kingston was on the board when we approved this. >> No, you're right. Sorry, I'm thinking of a different I was just curious. >> Yeah, >> 14 might be the one on Parker. >> I think 14 is the one on Parker. >> It is. And they are also
>> I think they're 60% complete. >> They still Parker. >> No, Happy Acres. >> Oh, Happy Acres Parker. They really started all the good houses on the street. >> Talking about Oakwood Estates, right? That one has 14. Happy Acres has more than that. But >> and they're 60% complete. >> Yeah, they're getting there. I mean, they've been selling left and right to
people. Um, it's been slowing down recently. We've had one come here and there, but they've been selling out those lots pretty quickly. >> They have four left. >> I don't know if they have four left. >> 60% is going to be more than four if there's 23. >> Again, I'm giving you rough estimates, but a lot I would say the majority of those lots are already developed. Okay.
>> If not, already in construction phase. >> So, do you need a vote of this board and just general agreement that >> we authorize you to do? >> I think we I think we need a vote. I think if you vote to authorize me to draft >> paper >> enforcement letter on your behalf >> that would that would help get the ball rolling.
>> So moved. >> Second. >> Second. >> Any discussion? Hearing none. All in favor say I. >> I. I. >> That passes. >> And of course I'll update you on the progress of that as I go through it. >> Yes, please do. >> So under old business, I will add something. So we approved a site plan
for 330 Chestnut Street just for the public's uh knowledge. So we were subsequently sued by uh >> oh great >> the residents at 3:30 or excuse me at uh the adjustment >> and the town is uh handling the response
on behalf of this board. >> My envelope still in the backseat of my truck. >> Oh I was so taken off guard by the >> I was too cuz my wife got the mail that day and said what did you do? This is >> Yeah, >> that's certainly >> my my male my male person said, you
know, I've got something for you. You have to sign for it. >> Yeah. Well, >> and and then she jokingly said, "Did you do something wrong?" >> I just forgot cuz his name isn't part of the partnership. And I was like, "What did I do?" >> Yeah, you're right. >> Yeah. >> All right.
>> All right. Uh other business, Rob. >> Yeah. I just want to add one last comment to that uh previous item, Russell, that um you know, of course, even though you guys get individually served notices by the court for that, you know, the town will still provide liability insurance on your behalf, so you will never pay for anything.
>> Mhm. >> The town's got you covered. >> Yeah. >> Um so at work, >> there you go. >> It was what did you say? >> Tax dollars at work. That's what you said. >> What did you say, Rob? >> Is that your tax dollars at work? >> Oh, yeah. Yeah. >> The insurance company will pay that. Thank you very much. Uh, so I have a
director's report. It's very brief, but I'm going to give you some updates on some recent projects. Um, so the mixeduse bylaw, uh, the town council met last week, now, last Tuesday, to discuss the, uh, potential zoning amendment for
the center town district bylaw. They have since withdrew that submission without prejudice. Uh, the stated goal was that they felt that it just need to be recrafted and submitted at a later time. Okay. >> They feel like there has to be more discussions on it. Uh they felt that it
was mostly residential focus instead of the commercial. Um so we're going to hash that out at a later time. >> Sounds good. >> So the traffic and pedestrian survey report. Uh so this is a survey I conducted over the summer. I have officially finished the report of
findings. It's now available on the town's website. If you go to the plan and community development web page, there's a link to it. You can just click and download a PDF copy. If any members wish to have me send the report to them over email, I could do that tomorrow. >> I'd like to see it. >> Yeah, I'd like to see it. >> So, I'll send it to all of you tomorrow.
Sorry. So, I'm just going to take that notes. >> Send that out. >> I would like to see it. >> All right. And then, um, so yeah, that's been done. I finished that about few weeks ago now. Uh, it took a long time because of, you know, 3:30 test street
and all. Um, a lot of my time. Uh, and lastly, we we have one more survey going out that's currently live. This one is in regards to our comprehensive zoning survey. Sorry, comprehensive zoning study. Our
consultant actually prepared a 10 question survey asking residents to give their opinion on the town's zoning regulations. The survey is currently live online. It's going to have physical pickup locations available tomorrow at the library and the senior center and it will remain open until January 16th,
2026. We're just asking folks to give us honest opinion how they feel about the town zoning regulations, uh how certain policy items might affect their lives personally, and we're just looking for areas that might need improvements and areas that we should focus on moving forward. Uh and the last update I have
is about town staff that you all probably know who are retiring. Diane Bishop, who's the director of assessing, and Jeannie Quaglleti, who's the town clerk, are both set to retire at the end of this year. They have dedicated many years to the town of East Lo, and we wish them a happy retirement. That's all
I had. Thank you very much. >> They will be missed. >> Yes, they will. >> They will. >> All right. Uh, any other business? Have a motion to adjurnn. >> So moved. Second. >> Any discussion? Hearing none. All in favor say I. >> I. Meanings adjourned.