All right, I'm going to call the Tuesday, May 6, 2025 meeting of the Esau Metal Planning Board to order. Uh by ro Well, first thing I need to do is there anyone here who might be recording the meeting or on Zoom? If so, please state the method in which you're recording the
meeting hearing or seeing none. Um we'll do the roll call. D Punderson, Bill Fana, Russell Denver, Cassandra Cherolo, and we're joined by planning director Rob Fililla. Filla. Thank you. Okay, I like that.
Okay, so uh we are not going to be doing approval of the last meeting minutes this evening. So, who would like to act as clerk? Oh, Mr. Fonika. Okay. Case uh ZN205-03, a proposed amendment to
subsection 4550-3.3, additional use, dimension, and density regulations of the Eastong Meadow zoning bylaw to add a new subsection subsection 4550-3.3 A10 introducing regulations on
unused motor vehicle sales not including car dealerships and car auctions on private property. Um, this is a public hearing. So, do I have a motion to open the public hearing? So, move. Have a second. A second. Any discussion? Hearing none. All in favor of opening public hearing
say I. I. Public hearing is open. All those opposed say name. All those pay. Well, I I heard four yeses. So, I remember I did go to cathedral. So, we're all in trouble. Rob. Yes. want to set the uh table on this please.
Sure. I'm about to share my screen. Okay. It might be hard to see but I can zoom in a little bit. Okay. All right. So uh this proposed amendment is an addition to article three which is use regulations. Um this would go into subsection 3.3 which is titled
additional use conventional and density regulations. So the addition is at the bottom of the page here which you you all should have a copy of. Um, and what we're inserting is this new subsection called subsection 10 titled used motor vehicle sales on private property. So,
what this section is seeking to do um is to limit the number of privatelyowned vehicles which also include motorcycles, off-road vehicles and recreational vehicles. So, boats, RVs, campers and similar other types of
vehicles um for sale on private property. So residential property or commercial, not a car dealership. So car dealerships are not being governed by this new regulation. This is just individuals who are trying to sell their own personal private property, which is
a vehicle, to somebody else. And the way the regulation is worded here is that um you cannot have a vehicle listed for sale for more than 21 days at a time. And you are only allowed to have one vehicle at a time posted for sale on the
property. And you're not allowed to have more than two vehicles in a calendar year posted for sale. So, Mr. Chair, did you want me to go through the text and read it exactly because it's that one section? No. Okay, that's all I had. Okay. Any
questions? So, I So, we did discuss this at a previous meeting. We vetted out the time frame. I think we got it down. Yeah. You know, to where I think it's great. It's a good Okay. Yeah. This captures what our discussion was. Yeah. Okay. There was a guy in Shaker that
would have one vehicle after another after another that he did not own for sale on his property. I do want to reiterate this doesn't affect used car car dealers, car auctions, anybody that has a class two license that has the right to do this. We understand that. Yeah. So, you know,
this is people who have the right to sell their own vehicle if they want to on their own property. We're just limiting the amount number that they can do in a year. Good. And so, it's 21 days total that you can do with either vehicle. Correct. Correct. Per vehicle. Yeah. So, technically between two
vehicles, it's 42 days a year. One at a time. One at a time. One at a time. So the U motion should be passage and referral to the town council. Yep. So you are voting to approve the
amendment with your recommendations that you're going to send to the town council. So do I have a motion to approve the amendment and move it on to town council? So moved. Second. Motion made in second. Any further discussion? Hearing none. All in favor say I. I.
Anyone oppose say nay. Hearing none. This matter passes. Mr. Clerk, Mr. Interim, Mr. Interr-2025-03, request to endorse a plan of land reconfiguring pre-existing parcels into three new parcels at 286
Maple Street, parcel ID 6-128-F and 6-128-G, Residence B, zoning district. applicant Brown Medal LLC 554 Summers Road Eastong Meadow. Hi. Hello. Um so, so the idea here is
there are three existing parcels, a two fronting on Chestnut Street, one fronting on Maple Street, all in common ownership. And all they're doing really is kind of a lot line reconfiguration, changing some property lines around, not changing the frontage of any lot. uh all
lots will be uh conforming in the zone square footage and frontage and just shifting some property lines in between. Uh it was actually previously the same concept plan was previously endorsed by the previous owner but never recorded.
Um they decided not to do it themselves and sold the property as is. So now it's being done by somebody else. That question. Yep. questions hearing none. Do I have a motion to endorse the plan? So moved. Do
I have a second? Second. Motion made second. Any discussion? Hearing none. All in favor say I. I. Anyone opposed? Say nay. Thank you guys. Behind you this afternoon. Thank you.
Yeah. Um, next Oakwood Estates request for a reduction in the performance guarantee on the sub subdivision known as Oakwood Estates. So, uh, Mr. Ba was supposed to be here.
He might be running late, but I will go ahead and start speaking on this. Uh, so last year you approved a covenant for Oakwood Estates subdivision. Um I believe that was actually last May right when I started this job. So that's the one. It's on Parker. It's off of Parker.
Yep. And I think he's putting in um 12 houses there and it was lots one lots three to 13 that are under the cover at the moment. So they have since completed the roadway. Uh myself and DPW and the building commissioner went to go check
out the road. Did a fantastic job. The road's got a nice binder course on top. It's got good curbing. Manholes are protected and covered correctly. The catch basins are all tested and DPW satisfied with the utilities. So, they are ready to start building. But there
was one slight issue. So, they had a covenant and a performance bond approved at the same time. So, usually for subdivisions, we do one or the other. The covenant is usually given to an applicant when they don't have the money up front to put
into an escro account. The covenant holds the lots as collateral until they start building the roadway and they'll have the lots released. So, because we have both effectively enacted, the applicant gave us a line of credit for over a million dollars for the
performance bond, but the performance bond was never recorded at the registry. The only thing that was recorded was the covenant. So in order for the applicant to start exercising the building permits to construct on the lots, which they are, we are satisfied with the road enough to where they can start doing
that. But mind you, they still have to put a top course on after they're done building houses. We recommend to the plane board that that you u entertain a release their covenant in substitution of a performance bond for reduced amount of around 500,000. and I can give you
the exact amount as it's in your packet and in front of me. Yep. I also have uh documentation for the board to sign as well as the applicant. Um if they're not coming tonight, I can have them do it tomorrow and then file both the registry deeds and they can go ahead and continue the rest of their work. Just to give
some background on what's in your packet. So there is a I gave you a memo actually explaining what I just said to you. But to reiterate, the amount that they had before was 1,97,725, which the letter of credit received from Mson Savings Bank. The new
amount is $525,311, and that was requested from Felix Bachon, the water and sewer administrator for the DBW. That also includes a 20% contingency uh for any escalating costs that we
didn't account initially. Um, and yeah, he he was satisfied with everything they put in. He did um note that there's a few minor things they still have to do, including the top coat for the roadway, right? But, uh, yeah, they are in a position to start doing their curb cuts
and to start building houses. I was by there today. They've already built a couple houses. Those were the frontage lots that were on there. Yeah. So, the lots that aren't in the Covenant. So, the remaining lots, lots three to 13, have to be released in order for them to get So, there's nothing built on the the road that went in. And I did notice that the top coat wasn't on it, too. Yeah.
Yeah. So, what the playboard's going to have to do tonight um is to vote to release the covenant in lie of a performance bond and then I can tell you the bond amount. You can include that in your vote and once you do, we can sign the documentation
afterwards allowing for the town to still have the half million dollars as collateral in case anything goes south. We have not had any issues yet with this applicant. Um they've been very cooperative and they've done a really good job. So So why don't you give us
the motion? Sure. Absolutely. Someone will adopt it and then we'll Yeah. So you could just so move my my All right. So the recommended motion I would make to the planning board. Let me just pull that number back up. Is to release the covenant on the Oakwood
Estates subdivision and to accept in lie of that a performance bond in the amount of $525,311 to be given to the town as a line of credit from a financial institution of the applicant's choosing. So moved. Do I have a second? Second.
Okay. Motion made and seconded. Any further discussion hearing? None. All in favor say I. I. Anyone opposed say nay. There are none. So this item passes. Perfect. Okay. I will definitely let the applicant know when I see them. Get this
square. Old business. I don't know of any. I do have something that will go into the last minute item section. Okay. That's towards the end, right? We are. Uh, we're now at planning and community development director's report. I could probably bring it up afterwards, which
will be fine. Okay, let me pull up my report. So, I put in the next six meetings. Uh, as a reminder, June 3rd is non-meating day because of town elections. Um, thank you. Sounds good. Thanks, Mike. Um, May 20th, I believe the chair is out
of the states. I am. Um, and then Chicago's out of the state. Out of state. Out of the state. The state. Out of state. Uh, just a heads up on May 20th, we do have a public hearing for both a special permit and site plan
review to construct a 23,000 foot building to be operated as an assisted living facility at 199 Denow Road. The uh applicant is Live Oak Crossing out of 118 Brook Haven Drive and they're in the industrial garden park zone. So that use
is allowed by a special permit. This is the first use to be considered in a petition in that district since the zone change and the site plan review uh component is because they're doing non-commercial non-residential construction of that size. So that's
coming up in the works. No upcoming events that I'm aware of. Um that's why the section is blank. So, um, other matters, projects, and updates. So, uh, we do have a town council second reading on massage therapy zoning. Uh, that will be May 13 p.m. Uh, this is potentially
the last public hearing they're going to have before they, um, make their decision on the amendment. 3:30 Westwood A, uh, special permit followup. Um, so myself and the building commissioner will be going back out there to check to see if there were any last minute requests made by the uh owner to move
materials and equipment to the rear of the property in the allotted zone that he's allowed to have it in and to get rid of any unregistered vehicles because he's only allowed to have up to one per the zoning bylaws. Um, lastly, I have an update on, well,
second to lastly, um, that survey I mentioned last time that's going to look at traffic, intersection, and multimodal safety on our roadways. I am working on creating that survey as we speak, and I'm hoping to roll it out by the end of next week. This survey is only going to be 10 questions, not very long. Uh,
there's going to be a digital copy as well as physical copies located at the library, senior center, and town hall in two locations. town clerk's office and the building department. There will be a QR code on the physical copies for those who wish to take the survey online.
Those who do it physically can return it to the box and we can process it from there. The hopes of this whole survey is to understand where problem intersections or roadways are in town so we can work on getting grant funding and with the DPW to alleviate the issues that arise from those areas. And this
includes people complain about lack of sidewalk somewhere or it's hard to get around a certain roadway because of a terrible design or anything like that. We're trying to get a general understanding so we can look at projects down the pipeline to consider grant funding for for transportation. So
that's that's the whole reason behind the survey. Uh the last update I have is that um for a comprehensive zoning before you get go off of that. So, one thing I do notice walking around town is, you know, the yellow pads that are at the intersection for the dis or for
the blind. Yeah. They are woefully uh in tough shape. Destroyed. They're destroyed. Okay. Are you talking about what goes on the bottom or They're on the sidewalk. They're yellow. They've got bumps on them. Bumps. Yeah. So, all over town, they're in very tough shape.
Yeah. Thank you. problem. I'll write that down. So, Rob, as I understand it, we're getting some grants from the state that redo some of the major arteries in East Sl. So, we are getting uh DOT funding to
do I believe it's from the Rotary all the way down to Summers, right, on Summers Road and I think it's for railway reconstruction and sidewalks. And then going north towards Springfield is a tip project, right? So, that's another one that's going to be coming in
the next couple years. Isn't it a Shaker Road also? I don't think there's one for Shaker Road. I heard I heard the one about with North Main Street heading north. Yeah, but there's the the other one that was more recent. I don't think it's a tip project. It's a different Yeah, they're different different funding. My point was it got the
intersection stuff defined before you build a new roadway. So, well, DOT approached us about that specific roadway and they said that it was time to consider doing funding for this is to my knowledge. So, we didn't really pick it or pitch it. They just told us, "Hey,
if you want funding for this, we'll work with you on that." I believe that's coming up in the next year or so. Um, but yeah. Uh, lastly, I have an update on the, uh, comprehensive zoning bylaw review, which we're going to try to do at the same time as our bylaw review
committee process on zoning. Um, so we did award a contract to a firm called Barrett Planning Group. They're based out of Eastern Mass. This firm specializes in doing zoning bylaw overhauls and to look at areas of
improvement, areas that um could be modified, uh what we're doing good, what we can improve on, and um trying to make it work for us as a town. So, we met with them last week. We had a really good first meeting. uh they ask
for all these different documents, different decisions, uh regulations from planning board and zoning board, as much information as possible so they can start doing their initial review. Seems like they're getting, you know, hitting the ground running really fast. Uh they understand our timeline and yeah, we're
really comfortable with them. They actually received a national award from the American Play Association for Long Meadows Master Plan. So, this firm has a really good reputation. We're hoping they give us good results and we should be expecting our first deliverable from
them by the end of July, early August. So that's why I had for my director support, but I do have one more item, Mr. Chair, if it's okay. Yep. So I'm sure you're all familiar with the site plan review that was awarded to Deer Park for um the recycling center.
Yep. So recently they told us there was a clerical error made on one of the conditions in the NOS decision. And so I'm going to pull that out right now and read that specific condition to you just so you know what it is. So the condition is condition 5B. It
pertains to the number of trips generated on a daily basis. So it was recorded in this condition. Mind you, this decision was filed at the registry of deeds. Um it says here that truck trips generated from the operation of the site are limited to 60
660 trips per day 60 trips in and 60 trips out. Any truck trips over this limit is considered a violation of the site plan approval. So the attorney who represented the applicant, attorney Josh Lavine, made us aware that during the testimony in the minutes, it was
actually voted, this petition was amended to be 68 trips in and out as opposed to 60. So the building commissioner and I did review the footage with him. We looked at the minutes and it was voted that that condition was in fact amended. So the
condition should have said 68 as opposed to 60. So what has to happen now is that you as a board have to vote to accept this amended corrected notice of decision. Once you vote to accept that
with the modified condition on there because it was written in there on an error, you have to sign affidavit saying that you can certify that your vote on this is accurate. And this is our town council producing these documents for us, helping us correct this error.
You're not doing any sort of public hearing. Once you vote to accept and you sign the documents tonight before you leave, I file with the town clerk. There's no appeal period. As soon as I file with the town clerk, the applicant can submit it with the registry, both the decision and the affidavit and
correct this uh clerical error. So, that's pretty much all I had. Um, so is there a motion that you want to make? The motion that you want to make is to accept the corrected notice of decision. And I could tell you the permit or I could make the motion free, guys. You could just go ahead. Go ahead. Okay.
All right. So, uh, you're making a motion to accept the corrected notice of decision for site plan approval permit site 2023-03 for Deer Park Drive. The recorded applicant is Charles G. Armet
Jr. and William T. Armet. Uh, you are correcting condition 5 P 5B to go from 60 trips in and out to 68 trips in and out to correct a clerical error as well
as vote to accept and sign an affidavit certifying that you have attested your vote that is correct. So move a second. Any discussion? So what is the
current status through the state on this project? They're doing their environmental review with MEPA, Mass Environmental Protection Association. And basically it's a very rigorous process. Uh they do it for any sort of
recycling center and landfill. I believe they're still in their public hearing phase. they were receiving public comments for the past month and a half back in February. Um it was noted I guess this kind of fell under the radar and nobody noticed the error. This was
actually filed with the registry deeds a year after the approved um permit which is still within the limits. Um but yeah, I guess it was missed. Um Josh Lavine brought this up to us and he told us this was an error, but it was voted as
such and we have the evidence and he brought it to us and we agree with him. So So what if any town approvals are needed moving forward for this to happen? Uh none I don't think they really need anything
else. I think they went to board of health already. Uh they've been the conservation. They have the approval from them. They have site plan review approval. The last one holding up is the state. Okay. Is there any update on their train? They're still working on it. I think now they're working with uh
some organization in Connecticut to have it come through the area. So, they're working on it now. I don't know how construction's going for that. Okay. Yeah. Any other questions? Hearing none. All in favor say I. I. Anyone post
say nay. None. That passes. just uh I notice there are two individuals maybe three that are in on Zoom. Are the I'm wondering if you have any questions or comments from this for this board and you wish to be heard. I'm Marilyn
Richards. Okay, hearing none. Any other business? Go ahead. We have a motion to adjourn. So moved. Second. Uh any discussion hearing? All in favor say I. I.