##VIDEO ID:X68sXNrmV7A## so I'd like to call the Tuesday December 17th meeting of the planning board to order um there's anyone recording in the audience other than elcat could you please let us know for the record Sarah and Reminder newspaper and how are you recording the meeting okay um a roll call we'll do it individually like Russ does pon Bill fansa Cassandra Cher Willow Rob Terrell all right um so moving on to the administrative tasks the approval of the meeting minutes the first one is November 19th 2024 is there any discussion on this one um my note is that if you read the numbers for the votes where it says like the motion carried so for instance 4 a it says like Sandra motion to Endor plan Rob Charles second in the motion carried by vote five and then in parentheses says four all those numbers are incorrect they should be five so okay I can go back and update all those have a motion to approve the notes otherwise mve there second motions been made in second any further discussion no all those in favor say I I abstain um no oos so that measure passes um approval of the meeting minutes from December 3rd any notes on that one no um do I have a motion to approve the minutes all moved okay do I have a second I'll second and um all those in favor say I I I there two exensions and no any Nays no okay so that oh yes all right public hearing uh case SP d224 d10 request for amendment to special permit sp-202 d17 and subsequent Amendment sp-2 2007-10 at 664 North Main Street formally 66 North Main Street assessor partial ID 1 a-220 buiness Sony District to allow for outdoor dining at villana applicant car Carino Carino bonavita 666 North Main Street Mass 01028 continued from December 3rd 202 yeah come on up good evening again uh my name is Philip for record Philip landscape architect five Bridgewood terce spring it um previously submitted plan um uh we're petitioning on behalf of V theana for who dining conditions water department meeting requirements of the DPW meeting requirements any requirements of the building department um and providing site or across the street valet parking spaces um and on the condition Bas on the rest of the board that the outdoor dining CL at 10 p.m. I think I don't know if there were any other conditions but that we're submitting that as as you know as per the previous discussions that we've had on on this so we got the updated letter that we asked for go the 15 spots so that put you into the necessary now you have the necessary parking spots for the am seating that you um is there any other comments from the public because the public hearing is still open no so do I have a motion to close the public hearing then so moved do I have a second second all those in favor say I hi that motion passes so the public hearing is now closed is there any discussion from the board I just like to state that I've been brought up to speed on all this I signed the papers today saying that I read everything know so I can vote tonight I don't see anything wrong with this at all it's 15 or more space spot so that more than takes care of it it's a large spot I don't by it for me um so do you want to read the conditions into the record uh so we'll read the new conditions to include or consider but we should mention that we will be keeping the conditions from the existing sp 20227 sp 20235 and SP2 07-10 um one applicant shall file this notice of decision with the Hampton County registry of deeds before issuance of the certificate of occupancy second the applicant shall submit a plumbing fixture account required by 248 CMR with the building department in order to show cents for adequate restroom use this must be done before issuance of three applicant shall apply for and be issued both a building permit for the deck and certificate of occupancy before usage of the outdoor dining area theer to do so will prohibit the use the deck as an outdoor dining area or the applicant shall make and the requested changes to the parking area as required by the Department of Public Works and detailed in the marked up SP 2 PB -224 d10 site plans with DPW comments dated 1114 2024 this shall be completed before the use of the deck as an outdoor dining area five the applicant shall coordinate with the Department of Public Works to have the water shut off valve box located before any permanent structures in place six the maximum number of seats shall be as follows inside of the restaurant 90 seats outdoor dining area 24 seats uh seven hours operation of the outdoor dining area shall be is it 10 to 10 uh I think whatever start the board's discussion when what should the hours opening of the we had 10 closing but what was the opening and that was that was not just serving at 10: but off the yeah off the outdoor the outside dining just throwing you know I don't know off for discussion what did we do with previous ones like when they whatever their opening hour was where the restaurants hours do you know typically I think they open at uh 10: so in the morning I don't see like they do like a Sunday brunch so that that would be like 10 in the morning so I mean after lunch sitting out there I see afternoon tell us what we did for the other people when they opening one so I know you guys closed at 10 pm for the outdoor dining I think typically for opening it's just when the business opened that's the impression I got if we're gonna stay consistent then I'm good with that that's why I feel yeah what do we do for across the street well that's what I just asked he said he thinks when would open when the business open opens that's fine yeah yeah so you said the business opens at 10: a. correct for sure about that I can check we just but from opening hours until o at night keep it simple because I know there's a brunch there and if it's nice out on a Sunday gonna wipe prohibit people from eating out there but no matter what 10 p.m. is the close yes right everybody off the deck by 10: vacated by 10 yeah we we we agreed on that in our last meeting and just keep in mind when we draft this decision for this permit these conditions will be put in there they'll be shared with yourself and with right with your client yes good is there anything else anyone would like to add okay um do I have a motion to approve the amendment special permit with the conditions as Rob so graciously read into the record no move second um all those in favor say I there's no one against so that pass thank you thank you easy peasy uh Mr where are we now business yes no new business discussion on the proposed zoning Amendment assisted living in the igp zoning District bill a plant plant construction 60 long M so um last meeting I was in um submitting a proposed amendment to the existing uh schedule of use regulations um for the industrial Garden Parkway basically to take convalescent Assisted Living use classification to a special permit to the igp um I currently own a piece of property there and um you know we're looking to hopefully do a uh Assisted Living Memory Care Facility there um we've submitted a packet R to the board get the information we sent out um demonstrating the need uh in town for this um as you know there are uh multiple facilities within that area they're just over the line in the residential zone so they're not obviously in the uh industrial Garden Parkway um and I understand that uh you know this would not just be for this parcel and you have to look at it globally and and see if it makes sense um that's why we felt um putting it under special permit it still gives us board ability to look at each individual case uh and see if um you know a proposed project is appropriate for uh the location uh that they're proposing so um I don't know if you have any questions on it um like I said we submitted some information just showing the need um you know in the goal to to let people age in their Community um and uh there certainly is a a demonstrated need and uh as you know uh population's getting older and um this is going to continue to to present um a need so I don't see any problem with it personally special under special permit so you know we're in the midst of Zone Changing all sorts of stuff it's everything's in flux the center of town all that stuff and I don't really I mean there's a need to get rid of the industrial Zone but the industrial Garden Park was made for very specific reason but under special permit and seeing the need for it I see personally no problem this is just we just recommend up to the Town Council anyway but sure you know I I can see that that would be something as a 73e resident of Bea metal those 77 million people so I hope I don't need it but it would be nice if somebody does need it's right here in town and so family can be close to you and all that type of thing so I look at it as a positive right I Echo I Echo Pete's uh statement because I mean you want to as you grow older you want to stay close to your family and you know there is a need for it because there's a lot of you know I don't want to say these facilities are overcrowded but there is a definite need for expansion no plus from law metal or you know whatever it's pretty pretty Central so yeah yeah and that's what that's what all of our research is suggesting that there is there is a need and um what room you want I'll take one next to [Laughter] you that's my comment I think it's a good idea yeah I'm comfortable with as well okay so you guys have a choice so um they could take this amendments just the one page with the the zone change on the chart so they could take it to Town Council themselves and propose the amendment as Bill plant the land owner if you wanted to or the plan board could endorse it themselves and take it on as something that they're going going to propose to Town Council so it's up to you if you want to consider doing that it doesn't really matter but I figured you know he's presenting it before you you can either put your name on it or just have the applicant um be the person that goes and is the proponent of the zone change can we just recommend it you can um so usually I could like maybe do a letter on your behalf if you authorize me to do so just saying you support the amendment and then have Mr Plant as the property owner in that zone applicant and then uh you know it will come back to you for a public Hearing in which you have to make another recommendation to Town Council so um we could definitely do that if that's what the board wants to do but um just figured you know we have this discussion now it seems like everybody's favorable so if you'd like that to be the approach we do we can definitely do that I like the letter approach because it's gonna like you said Rob it's coming back to us yes so at that point we can decide if we want to present it back to the council or or how we want to move forward but at this point recommending it to the council I think would be a letter on our behalf okay and just keep it you know in the record that the Amendments coming from a property owner in town correct who owns property in that zone the planing board's just going to submit a letter of recommendation that it should move forward great and I don't know if any of you have any suggestions on additional information you know you'd like to see or experience I mean this there's a lot here very good report and then just keep in mind you know once it go the Town Council once you go to Town Council that starts the public hearing process that means you have to come back to us again and then do a public hearing with Town Council and then they get to adopt it later on so okay do we vote on that then so you have recommendation get the vote to authorize me to write the memo on your behalf that's pretty much it so so moved there a motion okay is there a second second oh yeah okay all those in favor say I I any opposed good pass thank thank you for your time no problem thank care welcome thank you Clark other business planning and Community Development director's report quick report for a quick meeting um so I have the list of meeting dates for the new year you want get those in your calendar uh same schedule although this coming year we're not going to have as many canceled meetings as we did this year because it's not really an election year for the state so uh the only meeting I believe we're going to be missing is Thanksgiving and that's pretty much it uh so uh just some updates on the public hearings before Town Council and us so we continue the accessory dwelling unit public hearing to January 7th 2025 and um executive session so it was requested by the town manager Tom Christensen to hold an executive session on that same meeting date January 7 2025 so just keep in mind that's going to be on the agenda for that meeting coming up uh just a heads up so I keep bringing these up every meeting the cptc trainings uh Town management decided that I should just attend these meetings and then uh get the recordings afterwards and then send them to you guys if you want to review them in your own time uh just because it's easier to do it that way you can watch the hourong video clip on these different topics which includes site plan review special permits and variances and then writing uh reasonable and defensible decisions so I'll attend all those you know I could uh send you recordings just just so you can watch you near on time probably the best way to do it and then the planing Department projects and updates so um this is where I give you the updates on the zoning amendments before the council so the first one's commercial Kling the Town Council did vote to adopt this proposed bylaw after their December 10th 2024 meeting um so you would probably expect the proponent to come back for a special permit at some point um the solar bylaw amendments the Town Council at that same meeting did vote to continue this to January 28th of 2025 because the playing matter sub commmittee is still discussing uh an updated version within their deliberations so that's when's going to come back before the Town Council and then last bit news that I have and other news um so the executive office of Housing and livable communities um finally issued draft guidelines for their accessory dwelling unit regulations so this isn't like a draft byw that communities can use this is like their own regulations at the state level so what they're doing is they're giving it to the communities to review and we're allowed to bring feedback and comments to them I did notice some areas that seem pretty vague and I highlighted those comments so I was going to bring those comments which we can start submitting on December 20th of 2024 until January 10th of 2025 so I was going to submit those comments which pertain to some Vagas and terms that they're using they're not very long they're only like a few pages worth of Regulation um just to get clarity and there is one area where it sounds like um pretty much everything you can't do way more intensively than you would for a single family home so for example uh setbacks um regulations for utility connections uh where it can be on a property Etc but there was a few areas where the language wasn't clear so that's what I'm going to bring to them when I do my comments so Rob you saying there's there's different qualifications for setbacks with these so basically you you can't be more restrictive than what's already allowed for a single family home yeah okay so you can go up to that yeah so if say if you have a 50 foot some setback from the front you can require that for an accessory dwelling unit as well so we have some sort of control over the deal then we do and uh Tom manager was pretty um he was happy with the way they wrote the regulations because they essentially said because you know yeah it's an accessory building but it's still a dwelling unit people are living there and it's going to be treated as a separate household on the same property so we have the ability to regulate like we would for a regular single family home is is basically what they're telling us at the state level yeah we're not Reinventing the wheel here no we're not and there was just a few areas that are not I don't have them on top of my head where some of the terms that they were using was a little bit confusing so I'm going to ask them for clarification on those on those things when I submit my comment to them all right did they put in their driveways and all that type of stuff and they did not they didn't see but if it's already something that's allowed for a single family home you can require it so for example if if the town feels that they need another driveway entrance for an Adu they can absolutely make that requirement okay but sounds like that may not be the case for this town uh one driveway per lot seemed to be the attitude from our last hearing on this um and again the regulations themselves aren't very specific they're very vague they kind of gave you parameters that you can make your own rules within but there were a few things that still seemed kind of confusing to me so hopefully they give us good feedback when I submit these comments to them and there's also a public hearing on the 10th of January as well before them to adopt these regulations so I was I plan on attending that virtually so I can just sit there and listen and see what they discuss and what comes out so obviously when that happens I'll come back to you guys with updates so you know and can stay in the loop on that um but other than that that's pretty much all I had for my report it's a pretty egregious law I mean it's very um I would say it's very uh Earth shattering especially when you look at all this all the stuff the way we try to make you know have the town look and the setting and so forth all of a sudden have all other stuff going on I think the biggest thing for me is that the owner occupancy thing just getting rid of that all together yeah that could be I can see that being problematic down the road yeah um very problematic because every town that has them requires at least one building be owner occupied that's just something to look forward to so yeah that's all I had and uh please carry on okay um anything else nope all right do I have a motion to adjourn the meeting so move second second all right all those in favor say I hi