three of us. We can do the ANRS. We can't do anything with the subdivision until our fourth number shows up. So, ready? We're on. I'm opening the
planning board meeting February 9th, 2026 at 5 34. Um, we're going to we're going to jump around a little bit. Let's go to that the uh Chickity Street ANR. Get you out of here sooner rather than
later. Jerry, you want to explain to us again what you're doing here? This is one of the slots's been cut off. This slot's been cut off already. So, just all go together.
>> So, that should be straight. So, you're just cutting this piece out of the bigger piece. >> Yes. This one's already been cut off. >> Yep. >> The last and then there's a flag lot here that was cut off in the past. So, that'll all join again. So, so why is there a date on this of 4324?
>> Because I had when I did lap one, I just had to get the all the paperwork ready for lap two at the same time. >> I just sold I just recorded as Does that require all five sign? That's why we jumped ahead while we're
waiting for a fourth step before we tackle anything else. Does anybody have any questions? Okay, I'll entertain a motion to approve the ANR lot two on Chimney Street. We'll make a motion to approve the lot on Chimney
Street as presented. >> I'll second. >> Got a second. Further discussions. >> All in favor? >> I carries second. >> I don't have any fine tip markers.
There should be one in there. Yeah. Is anyone or did they I didn't respons. >> No, two 29 six
So he's part of We've got a lot of people out there today. >> There's never a good way to do it. >> No. a different type of table or something. >> When was our last meeting? I think I was like on vacation.
>> Last meeting was January 5th. >> Oh, yeah. I was >> and the meeting on the 29th was cancelled. >> It was okay. Yeah, it was a way. Yeah, it was really >> It's really hard in the winter. >> It's hard. Those
two are the fancy pants. make more sense. >> That's fine. I always in the gym like two go to him and then the rest for us to >> he gets one my alarm and we four copies of the other.
>> Yeah. >> Okay. Was there a check already submitted? >> There's a copy. My glass So that's his and this is our keep my one of the my goes to him. >> We keep four copies and a myar.
Everything else goes back to him. >> Okay. Then those go to him. And we have four copies of my >> good. Thanks. Good luck. We've got texts out to the the other member.
Thanks. >> I do have an ANR. Kathy did email me that was do. Okay. Let's see what you have. See what you got. Acres, seven lots total. Two estate lots. All
pretty large lots. Two 10 acre lots. These are the smallest lots at 1.3 acres. and a state law that's 24 and a half acres. And then this normal lot that's three and a half and then this is an estate law that's basically 3.6 acres
five dimensional state. So all these are existing >> these are all existing C park there's street >> okay that must all
up >> these aren't too bad. These are too cool. >> You ever put souls down? >> Weren't they in this area? >> Um, >> we have to cut a lot of trees. >> Was further down
a little further. I think >> Okay. So, >> so how many revisions are they made to this? Ron, >> there's one, two, three, four, five,
right? Six, seven, >> seven lots total. >> Seven lots total. >> Per per lot. >> Yeah. This might have been where it was. >> Now that I think about it,
>> this is allowed. Like it's so small. It's not >> Well, here. >> Yeah. >> All they need is a 40 foot. >> Mhm. >> They've got 50 ft and then and then they need more than uh 80,000 square ft, not including the
handle. Get you good. >> Yeah. >> No, the uh the the cost for the registry of deeds. >> Oh, >> okay. Any questions? >> Um
I guess not. That was the only one. >> So, at one time, at one time, you couldn't have more than two estate lots in a row. And then a few years ago, we changed that only because uh somebody tried doing it in town,
were denied, went to court, and the town lost. >> Oh, that was like 10 years ago. >> So, so we changed we changed our bylaw. I I don't know what we have it at. It's basically unlimited. Um
it still has to conform to the the 40 ft and the and the uh 80 80,000 square ft. So as far as I'm concerned, this all meets the requirements. I don't have any I don't take any issues or have any issues with either.
And so with that being said, I'll entertain a motion. >> It's And what is it? What's the exact address? >> It's uh what's it called? Kenn Street. >> Yeah. >> A partial A partial A through G.
And for the minutes, Ken can cite the the map the map numbers, but for the purpose of the of approving it, we can just say number street lots parcels A through G.
I'll make a motion to uh approve the project as example. I if I could just the the motion should be um the approval not the ANR plan not the so yeah
>> for Kendall Street parcels A through G. >> I'll make a motion to approve the ANR plan lots A through G >> on Kendall Street >> on the Kendall Street.
>> We don't need addresses. I mean, because what if there's >> you can you can refer to the map number. It's map 8 B5. >> Oh, >> what's that? >> Map 8B5. >> So, we can refer to that in the minutes. >> Um, as well as if you wanted to amend
the motion, you could include that as a reference point. >> Um, is it 8 >> 8-B 5? >> Oh, 8-B. So, I could just amend that and second it. Okay. So, I amend it to
map 8-B5 and I'll second this. >> Second. >> Have we got a second? Any further discussion? >> All in favor? >> I >> I motion carries.
>> Of course. I You want >> We need more rubber bands. No one's telling me >> and I have the I have the um check. So since it's already been through like conservation and they checked everything
we don't >> anymore that it parks or or >> we just look at the it meets the minimum requirements >> but the owner has to go and do all that. >> Yeah. That's like a lot over there.
It's okay. >> No one's coming. I have to leave at 6:45. I don't have to. I supposed to do this webinar at 6:45. Okay. got an ETA of 624. You guys want to hang around for that?
>> Um, so these are like when you're passing the park, the parking lights that land across the street like that, right? There's no like way into the Did I across the street there like 50 acres,
but there's no way to get into the land. >> Maybe Dakota was telling you that. here. He'll be here soon. You can get here. So, you want to do a you want to take a recess or do you have anything else for us to occupy our time?
>> No, I mean I have some correspondence that I guess I can read. downstairs. >> Yeah. >> On the right >> down the old part of the kids library. Go ahead, Ken. Shoot. Um,
so mostly this is just for um future board meetings. Um there is a hearing site plan approval scheduled for next the next meeting
the 26th for um a gun shop uh at 185 West State Street. Not sorry not the 26th the 23rd. >> Oh is the 23rd? >> Yeah that's what is it? What's the application for? Oh
>> retail gun shop. Okay. Um, and a auto a used auto sales at um I forgot the address. Um, it's a special permit for use auto
sales. Uh, and that's scheduled for March 9th. that one. >> You don't have the address on that? >> I have the I Yeah, I think it's just in the email. Okay. >> Um 161 Pleasant
>> and the other one was 138 West State Street. >> 185 West State Street. >> 185. >> That's the gun retail. Um, and then the uh auto repairs, I'm sorry, not the auto repairs, the used auto sales is for 161 Pleasant
Street. And the name is Mr. Mr. Merrill. that you know town person named Mr. Mayor >> dog is a dog >> dresses. >> Oh Drestle. Oh
>> Drestle Service Station. >> That's on State Street. >> East State Street, not East Street. Oh >> no. Pleasant Street. Yeah. Maybe he's just starting a new business over there. There's two addresses. So, there's 161 West State Street.
>> Yeah, that's right. >> Oh, I think it was just miss. >> Do you want to get >> I think you have an Thank you. >> So, we'll send the board out the um applications for those for the next
meeting. So, it's the gun retail gun shop at 185 West Street and then the um used auto sales at Drestle Service Station. >> So, that gun shop is going to be like a public area because
>> it's a new use. So, It's a retail use. The consideration is retail use in that area which is allowed with a site plan. >> Yeah. Good luck. >> This is
great. So that must be the must be I would say. >> Yeah, that's the one that you've seen in the past year. The sheds and the outdoor cafe.
>> Wait, when we talking about that again? 185 station. >> Oh, that's Oh, that's okay. >> So, that requires >> or cycling even. What if a >> sewing store?
>> Would that need a cycling? >> Like a sewing store in that shadow? >> So, so the answer to both of those questions are actually no. They've already been approved for retail. So, I don't know. If if one tenant comes in and another
tenant allowed us there's no time for us >> and it is allowed here. >> There aren't exceptions. Okay. Anything retag Imagine what else could go in there. >> So we need to look at this quickly. That's what you were saying.
>> Yeah. Well, I mean, I think it's going to be fair to say that you can't have that, >> right? But I mean, what if somebody else came in with something else that really shows up? >> Okay. >> I have a motion.
>> Oh, a motion to recess until 6:24. Yes, >> I'll second that. >> All in favor? >> I >> Okay, it's it's 6 it's 6:20 and I'm reopening the from recess the Graanby Planning Board February 9th,
2026. And next on our agenda is the continuation for the defi definitive subdivision plan review to consider the applicants submitted Dan Dan's construction 715
West West Street Ledllo Mass 01056 for approval for a definitive subdivision plan entitled Muning Estates a proposed subdivision of of 76 resident lots located on approximately 157 acres
zone single family residential located generally on the northerly side of Carver Street at the Belchuretown line also identified as assessor's map 17 block B lot 15.4 and 16.
So this is a continuation from the hearing we opened on How long ago was that? >> January 5th. >> January 5th. Thank you. And um
we reviewed the um the plans and we we took public comment and closed the public portion of the
of the hearing. And at that time the discussion came up amongst the board members to discuss f first of all this was a plan that was uh approved a few years ago and had
expired. So, it's the same plan that we're reviewing today, uh, with with no changes other than they presented us with a a phasing plan to to do it in phases, which certainly makes makes sense, but we
wanted to see it before we voted on it. So, with that being said, would you like to walk us through that phasing plan? >> Sure. I think there's there's a couple copies for the board on there.
>> So, basically with um with the phasing phase one would be going um from from the culdeac that's already in place uh at the end of the month and states that would be phase one. Then phase two would be from car street and then phase three
would just to basically connect um the uh yeah so so I this was kicked out to us earlier or last week and that made sense. So basically what they're doing is they're going to come in from both ends which will help traffic
over here. And this would be the second one. And then we'll just connect it to >> Yeah, it's the current. >> Yeah. The current. So then we would start from here. >> Do you see it?
>> Go up to here. Um you leave that as stage one. Then they come off of Carver Street. You go through here. This will be the bigger phase >> and then just connect it to it. I just show the existing one.
First phase street and then just a small section. Yeah, this is Yeah, somewhere that must be uphill section. >> Yeah. Yeah. Yeah, that goes off.
>> No, maybe not this way. All of it. this whole area here. >> Anybody have any questions about it? >> No, I think it made sense. I think that was the only thing that really changed, right, was that it was going to be broken up into phases.
>> It's what we wanted to see and I think that plan makes sense. Yeah, I think >> I think Ken made it clear that the uh none of the laws pertaining any of have not changed. So it wasn't correct
changed to any >> Yeah, the engineer stated that too. There was no there was no changes to the storm water. Um fire chief was good with it. I did talk with Dave D. brochure about the um
the association to maintain the catch basins and the detention pond. And I said, "Date, where else in town do we do that? We don't. When you when the town accepts the road, he's he's he's looking at it from the town's perspective that, you know, well, I'm going to need more
staff." Well, I probably will. And you will as the town grows, just like if the school system grows, the taxes that you pull from this would support. So, and the first phase doesn't have an association. So, I'm dead set against that.
Um, it just confuses things and you get two different entities trying to manage or maintain something and and you end up with fingerpoint. >> Yeah. Nothing's going to get done. And once once this is complete,
which I would recommend that the town accepts phase one before you go to phase two, then the town owns it. They're maintaining it, not the not the
association part of it. It just it it turns out to be a and and Dave kind of agreed with that, too. Yeah, they were up there. They were up there last year doing something in the detention pond. It was brush or whatever was getting overgrown. He had to go in there with some guys to do it. Well,
it's that's part of maintaining the infrastructure in town. I I so I don't and and so so when when you talk about associations that maintain it, they still own the rules, condominium projects, that sort of thing, they they
still own it. They haven't turned it over to the town. This is a turn the town has to accept this at when it's completed or at some portion thereof completion 80% or whatever. Um, so I'm not in favor of setting up an
association. It wasn't on the on the first section prior with the other contractor and I don't think it belongs on this section either. We don't there's no precedence set anywhere else in this community or any other >> said they wanted the association originally
word or was >> no Dave just Dave just saying I don't want to maintain it. >> Oh okay. >> Once you accept the road you own it. So, so anyway, I'm I'm not in favor of having an association take care of this once it's once it's complete.
Um the other thing I would I would ask is that before we jump to before you jump to phase two what I mean you would you be 80% complete 75 what what
>> I would say I would I would say at least 5%. But yeah, you know, that would be the goal, right? I wouldn't want Yeah. You know, especially phase two because, you know, that's coming off a car street. So, I would have to mobilize everything over. So, >> and phase one is how many houses or how
many? What? >> Uh, don't know off the top of my head. >> Oh, approximately. >> I got 20 probably 20 something houses. Yeah. Yeah. 20
houses because we're kind of So this is the bigger phase. So this one may be 20. This one probably a little more. And this one the smallest. >> 75 total. >> It's is so buildable lots is actually
72. So it's 76 lot slots but the floor >> those were those were used for storm water. >> Yeah. >> So so the reason why I bring up the jumping from phase to phase is that
if he's 70% complete here you got a couple lots that aren't moving. We shouldn't hold him to 100% sold before he goes to to the next the next phase. Some of those lots may may sell. Who knows?
>> So, in other words, I want to give you the flexibility that you can jump to the next phase before you're 100% sold out. >> Yeah, that's more than fair. I think in max of a million just sold their That's 20 years old. 20 years old.
>> Yeah. >> Yeah. I mean, I think phase one to phase two isn't as big of a deal, right? because you're cutting in, you're going in from a different direction. So, it's not like that first existing section is going to get hammered even more.
>> Phase two is that one, the long >> phase two is the longest. >> Phase two, phase three. >> And so, phase two is like what, 30 houses? Cuz it seems like that's the bigger that's >> Yeah. If we do entertain
setting a percentage to it, what are we going to quantify as complete? Right? Cuz how many how many lots are part of phase one again? >> 20 or 20? >> I don't remember off 20. Yeah, I want to say it's 20, but I'm not
I'm not quite >> cuz now what happens if you have 20 lots and then you find out three or four of them aren't buildable, right? Now you're already down three or four lots. That would kind of take away from an overall percentage.
>> So, they're not all parked already and everything. >> So, let let's let's think about it this way. you and I'm trying to work with you. So, let's let's say we can't really measure that whether it's 75 or 50 or or 60% complete. Let's
just say before you jumped to the second phase that the road has to be completed and and turned over to the town. Completed, turn. Does that make sense? >> That makes sense. That's better. >> Either way, the B's going to have to get
done no matter what. >> Wouldn't you want the town to take it over when you're done, though? >> What's that? >> Wouldn't you want the town to take it over when it's done? >> Is that a good majority? >> Well, that's what I'm saying. >> Just for like wear and tear. Well,
because he's got it phased out this way, the wear and tear can I mean he he can limit when he jumps to phase two. He could tell contractors, the heavy contractors to just use this for access and not and not this section.
Um I don't know the right thing to do. I know if I was coming to this town and if you had the option of all of it, that's my dream lot. That's where I want to be. That >> that would >> you'd hold off. But that's why I'm
saying if I mean we could get the road in and get one B uh you know get the base go in and just don't do the final call. >> Well, see that's the problem because the fire department's already talked about that. >> Yeah. you got people living on that street, you're going to have to have
that that base coat on before you sell. >> Yeah. Oh, yeah. So, the base coat will be on there, by the way. Well, I'm just saying the final code you uh what he's saying is to do the final code before we turn it over to the town because >> Well, yeah, you would have to do the
final coat before you the town wouldn't accept it until the uh uh DPW and the engineer would not accept it until >> until the final coat's on. Yeah. When do you when do you do it? When twothirds of the homes are sold. I
I I don't know. >> I mean I I Yeah. I mean I would like to have majority of the homes because because a lot of these lots I mean I'm going to sell some of the lots but a lot of them I'll just build and I'll just sell the best homes cuz I think a lot of times people you know they come in they
see the land and you know they can't really picture what they want to do with it. But if there's a house there, people see it. Okay, you know, this is, you know, this is what I have. This is either going to like it or um so I think I think it may be easier to sell that way as well.
>> Do you wait to do your finishes and everything on some of them? Do you when you sell it or do you do all the finish work and everything and sell it as is? Cuz that would kind of change what's considered like the selling point, right? >> Yeah. I mean I mean I do a little bit of both. Uh you know, a lot of times we'll
finish everything completely. >> Yeah. Uh, and then some of the times if the client approaches us and says, "Hey, I you know, I really like this layout, but I want to be able to pick out my own countertops, my own kitchen cabinets, then we'll get, you know, pretty
flexible with that." So, we can kind of work with the client on that. >> Yeah. I I would say I think it's you're going to be bonded anyway. You got to have a bond for it. So I
I guess I would like to see the road finished before you jump to this and turned over to the town >> and they even if you're not even if you do it at 50% you say and you want to jump jump over there's houses that get
built all over town on roads that have already been built and the town owns. So when you say finished, that's just base coat, >> not the finish coat. >> No finish coat. >> Finished coat. >> Finish coat. >> Okay. >> Turned out the town won't accept it
until until it's complete. Sidewalks are in so on so forth. And I would >> as far as the wand, could I could I use some of the lots as one
thing? It's not a question for me. >> You don't >> I'm looking to see because obviously the board approved this back in 2017 >> and the likelihood is that there's already language for the bond or the security
>> there. Yeah, there has to be. We can't. >> So the the applicant thing you can't you can't approve. So currently in the approved decision from 2017, the applicant shall provide the town with a performance guarantee subject to the approval of the planning board prior to
the planning board's endorsement of a sub definitive plan. Said performance guarantee may take the form of either a covenant, a bond, deposit of money, or negotiable security in conformance with the provisions of section 81U of chapter
41 Mass General Law. Should the developers choose number two, then the developers shall complete all public roads and utilities 12 months prior to the expiration date of said performance guarantee to enable the town to draw upon said guarantee if necessary. The
monetary value of the guarantee shall be determined by the town highway superintendent and shall be 100% of the cost of completion of the development as of the date the guarantee expires. said performance guarantee must be received and approved by the planning board prior
to their endorsing the approved definitive plan. >> So to answer your question, can you use the lots for that be between you and whoever you're using for your for your bond? >> Okay, absolutely. that that goes outside
our we don't have a choice over that >> which because you've broken this out into phases that help you. So you don't bond for the whole thing. If you just bond phase one complete phase one then move that bond to to the second phase
after you turn that might work out better for you that way. >> Yeah, that makes sense. make sense to bomb this whole especially out because for some reason it ends here. We still have the turnaround and we're still good with
with this and and the same thing there. So I so we can vote on this tonight Ken and then conditionalize and make make like anything else making
sure that all all the criteria in that is met before a building permit is issued by the by the zoning board. All that all that's going to have to be filed with us and and them,
>> right? So, I I think though I think based on your comments though, maybe some of these existing conditions are not appropriate for this approval. Well, the certainly the um uh >> homeowners association >> association
in my in my >> if the board chooses to accept that um we probably would probably want to include a condition about the phasing especially as you were talking about the expectations of the developer to um you
know uh have the town approve the road and the infrastructure at after a certain point. Um, and it's explicit in the plan. So, reference to the plan could be appropriate, but I think if the board wanted to add some additional
clause in there um to make it even more specific, that probably is appropriate. >> Um, >> you're saying kind of that the town would have to approve like the phase two. Is that what you're saying? >> No, except the road. Okay. The road. So, all right. Cuz so
let's back this up. So, it's up to the developer if he wants to jump to phase two before phase one is complete. Go for it. But that means he's going to have to bond. That's why I was saying finish phase one
before you jump to phase two. When I say finish, I don't mean build on. Make sure every lot is built built on and sold. I'm saying before you jump over the town has to accept this or you have to bond both. You'll have to carry a
bond on both. Does that make sense? >> So when you're saying >> I don't know how you I don't know how we put that in in a condition. >> But you're saying they should have the opportunity to work on phase two even though the town has not accepted phase one.
>> Correct. as long as there's still a bond on it because if some if if something happens >> that's true >> the bond will finish it. So I don't want to manage his project for him. I just want to protect the B. So then how do we
then how would we want to address the bonding or should we be explicit that the bonding needs to happen >> for both phases? >> Yeah, that makes sense.
>> Like we need to be saying phase one and phase two because we're referencing them. >> I think we can I think we can simplify it. So identify the three phases. No phase can start without without full bond and leave it at that.
And he's telling us he's starting in phase one on the seller side. I guess he's going to pull a bond for it and it's up to him if he wants to pull another bond to do phase two before he finishes phase one or
he gets the town he gets the town to uh accept it as is and finish the road. So whenever new construction would start in the other phases he would need to have demonstrate the bond and it's up to his own he can pull the
bonds at his at his at his will. So yeah, for the board I printed out the previous decision. Um, so you can see the conditions there. There are 46 conditions. Um, It wouldn't be there. I think Kathy put
your >> uh Yeah, you're ready. >> Yeah. So, we'd have to reference these conditions when we did a motion, too, right? >> Yeah. I mean, you can reference the decision that was rendered in 2017 and
then strike ones that you don't want um and then add ones that you do want. So, we don't have to read each one. >> Yeah. Yes. Do we get to pick the street name? >> Huh? >> How does that work? >> Whatever you want.
>> You guys pick one. >> I don't know how that works. >> This is all >> I think he's a builder pick this week. I think people are growing. I don't know if it's a continuation or it's like deer broke and acrebrook.
>> Oh, that's nice. So these are all the conditions that were approved in 2017. >> Correct. >> Okay. >> So Jim and whoever else was here already took all this over
>> like Lillian J. Okay. >> Yeah. If you look at the page two, Nita, the the board that was that voted on it is >> Oh, yep. Oh, yeah. >> So, all four would really go away, right? Because that's referring to the
homeowners association. >> Yeah. And then >> and so you want to change that then. And then also part of 39 post construction
part J would also go away. All right. Cuz there wouldn't be a written plan for maintenance cuz the town would be doing that. >> Oh, right. >> And we can just decide that that the
town should do that. I just I >> as far as the the maintenance of the road. >> Yeah. Okay. They're not going to be they're not 41 and 44 would also go away. >> But why did you guys decide that in 2017? >> This was a boiler plate based on the
first phase and it was never association was never um provided to the town. Another reason why that we shouldn't we shouldn't be asking for it because I don't think we once you accept the road you own the road you're accepting
chapter 90 money from the state to maintain it. >> Yeah. >> And then you can't >> so when do people have these homeowner associations I mean there are >> if it remains a private road. So if it remains a subdivision where the town is not going to accept it and then all the
responsibilities of the roadway and storm water is to the homeowners association >> and if you don't have a yeah you don't own a road but you have an association to maintain it and and then the association fails. >> Yeah. >> Who plows the road?
>> Yeah. >> This town council are they is that the select word on 41. It says the total responsibility for maintenance um showing the developers. >> That's a select board. So that >> select board. I mean >> I just don't want to do something that
>> that is that mean that's a select board. So that was approved incorrectly. >> Oh that's incorrect. >> Yeah. Town council is >> right >> in this because town council in this terminology is the entity that would accept the street.
>> So it's actually town meeting. your town meeting accepts the roadway >> and we don't need to do that. That's what you're saying. >> I think the suggestion I don't I think Chris was providing a comment with regards to striking 41. >> Yeah, because it's referring to
responsibility for the maintenance, right, which is then going to be handled by >> the town. >> But it sounds like it says the town has to accept. They don't have to accept anything. We can just say you have to accept it. I think the suggest I mean it it's if the board is okay with I think
the way that this reads is that um if you strike that then >> the town has to accept the road provided it meets all the engineering specifications that were outlined in the on the planning. But I think this is
gives the responsibility to the developer until the town accepts the road. >> Correct. >> Okay. So I misinterpret. >> Yeah. It says that until they interp. >> So I don't think we should strike that. >> Right. They can't if I file a law in
state law. >> No. 44 >> 44. >> Yeah. >> Yeah. It is one of the ones I said to strike, right? Cuz that's referring to >> the homeowners >> after would be accepted.
>> Okay. So >> So that needs to be that needs to be rewarded. It needs to be >> Yeah, this has to be >> it needs to be maintained during construction because the town's going to the town's going to inspect it before they before they accept it. So that's
going to read the same way uh 41 does. >> So the maintenance of detention retention ponds um >> until the town until the town accepts is the responsibility of the developer.
>> Yes. Sh. Yes. So the maintenance of the detention and retention ponds shall remain the responsibility and liability of the developers their successor and assigns until the town meeting has accepted >> correct >> the
infrastructure. So for that 44, we would just strike out even if and after. >> Correct. >> Replace that with until. >> Correct. >> Until the street is accepted by the town as a town street shall remain the responsibility and liability of
individual law owners or subsequent established home owners association. So we would say shall remain the responsibility and liability of the developer. Correct. Right. So, we don't have anything in our bylaws
about homeowners associations or when those are appropriate or anything. >> The board can it's used there as guidance. So, the board doesn't need to have homeowners associations. Some communities do in the >> Were you here in 2017? I don't know.
>> I was not working for the board in 2017. I'm just wondering why it was in here. >> If the do if the developer chooses to have an association >> through the period until he turns it over to the town, that's that's something. >> So that was a person back then, maybe
they did. >> Yeah. But what we're saying here, right, is it's the developer's responsibility. It's then up to them how they handle that responsibility and make sure that they are maintaining everything. >> You got to remember there's there's going to be people living on that street
that's going to be that's it's going to need the rose plow. >> Yeah. >> Mhm. >> And that'll be the developer's responsibility until which time the town accepts it. >> Yeah. So should we specify here per phase or do we need to even get into
that detail? are recovered with other streets now. No, because we're we're we're going to either approve or deny the whole project and this will apply to apply to even though he's he's going to the developer
is going to do it in phases. This will this will carry through to whatever. Mhm. >> But you would want to have conditions that address the phasing particular to or adding the conditions that um no
phase. >> So yeah, we were saying you cannot proceed with starting phase 2 until the roadway for phase one has been accepted by the town. We said that earlier, but
again, if he has a bond on it, he'll still have to maintain it. >> His best interest to turn it over to the >> suggestion by the chair was no phase can stop without a full bond. So, you can't start
construction without a full bond of that phase. But I think we the board would want to be explicit in the condition that this is going to be a fa like we'll set up the scenario that this is a phased project and then spell out
according to the plan or in you know looking at the plan and then refer to these phases in the conditions. We can be explicit saying phase two or you know uh phase two and phase three
can can start or cannot start without a full bond or full security. Um but now do we need to define the phases in the conditions if this is part of the
site plan where the phases are defined? >> We would want to include it cuz this is not included in the regionally approved plan. So you would want to include it either as you can include it in the conditions which probably I would suggest um but also in the documents
that were part of the um process like the public hearing process. >> Mhm. >> Do these have to be rewritten before we approve anything? Yeah. >> It's up to the board. I mean the the
thing is you have the language here if you would like you've addressed some of the items you wanted to strike. I took notes of those. Um >> yeah. So far >> or you can we can come back at the next
meeting with a a a proposed draft approval. >> It just makes it more clear for him I would think. I don't know. Oh, I mean I I'm okay with that. I mean I you know I don't need it to be any more clear. Like I know what what
you guys are proposing. So that's that's fine. >> Yeah. Cuz I think really the only one we're looking to modify is 44. >> That's existing. And then 41 we're just
saying town meeting instead of town council. Correct. Right. >> So those were the really the only two modifications to existing conditions other than complete strikethroughs
and then >> and then also J under >> J. Yeah. So 39 >> 39 J >> 39J I had seen so under post construction. So 39 says upon completion of construction developer shall present the
planning board with J a written plan for maintenance of the subdivision rightways easements and roads for the time after acceptance by the town and continuing for 20 years. Right? So this wouldn't be applicable >> in my opinion.
I think that might be there because >> they would have had the experience of maintaining the subdivision up until the point of the town meeting accepting the road that it's for reference like it's a reference document for the town on how
they navigated those particular things while they were the owner of the road and you know were were responsible for the maintenance and upkeep of that particular infrastructure. here. So, I think that's why it's there. >> Yeah, I think that makes sense. I just
don't know if I'm getting that out of Okay. >> This is written. What do you guys think? >> Which one is it, Chris? >> 39J. >> I think that the town will want that. >> It's a reference document. I mean, >> I don't know, but I'm
>> It's likely to though. We would want to look. >> Yeah, because I'm sure Dave would probably want that. um the as part of the storm water permit or the
storm water um submissions which were part of the original decision, it likely has some reference of that that that but I think for the purposes of this particular clause, it's likely that because the developer would already have the
experience of providing those services that it would be information shared to the town. >> So beneficial basically to provide the town with an explanation of >> yeah the the documentation of the of
those activities happen >> those activities and what >> and kind of a plan for the next 20 years to help the town. >> So we could just leave it in there as is >> yeah unless >> unless unless there's issues with the clarity. >> Is that common? Huh? Is that common
>> maintenance plan? So it it would probably it is part of storm water um for uh general the general permit construction permit. I think there is a requirement for operations and maintenance plan. Um it might be part of
the subdivision rights too. >> Yeah, check that. And also four also references homeowners association. It's just it's all I think all of four should would get cuz like all these bullets are just underneath four, >> right?
>> We would get rid of pretty much all that and these bullet points cuz these all pertain to a homeowners association, right? Admin fees and >> yeah, this is this this is all plate stuff. So they >> I mean I think >> so you're you're proposing to get rid of
four completely cuz there's stuff about the sidewalks and >> well that that's under five though. >> Oh sorry you're >> or I mean that would be seven. The only part of four that >> Oh, yeah.
>> that maybe the board might want to consider keeping is that easement language >> or does do you think that that's not necessary? >> I thought there was another point that mentioned easeway. So, it's like in the middle of that first paragraph, an
easement shall be granted to the entity owning the street, including its successors and assigns authorizing the discharge of storm water into said storm water retention area. Yeah, that needs to stay >> about the storm water. >> Yeah,
>> but taking out the language about the homeowner association >> that comes out. The rest of it stays in >> and you're saying remove the rest of there. Let's see. >> Cuz can you not have to rewrite this line with
>> I mean, yeah, I have the word document. It's going to just be removing some items, but the intention is to share with the board the items that are being struck uh and then adding the language that you would want to approve.
Yeah, because the beginning of four does have good detail, but you could say so. So, shall be placed under the control, responsibility, and liability of developer until accepted by the town
meeting. Yeah, that makes the most sense, I think. What do you guys think? >> Yeah. So, hope developer until accepted >> by telling me
>> he said or any other entity the blending board deems acceptable. Yeah, >> that's too broad. >> Yeah. Yeah. As an easement shall be granted to the entity owning the street including its successors grant to entity owning well. So in that case the entity is now the town
owning the street. So can that stay? That next sentence, >> which sentence? So the a right after the sentence we just modified an easement shall be granted to the entity owning the street including its
successors and assigns authorizing the discharge of storm water into said storm water retention area. So here's here's what I'm going to recommend tonight. There's a few things I want to get I want to get some feedback from the town on including town
council. So >> yeah, >> I I and and this is just, you know, minor stuff that's that we want to make sure we have it right. I would say we could we could vote to
approve this subdivision tonight pending um pending the uh the additional conditions and town council approval. That way they're we're not holding this
up cuz some of the stuff is I I don't want to just willy-nilly do this tonight. >> Yes. I want to make I want to make sure and then we have the document to come back and approve the conditions. >> But but tonight we can approve the project. So they can they they've got to
they've got to do some work with their getting the bond and so on and so forth and get started. >> So you're looking to approve the project. Are you looking to approve the project with the already approved conditions and
then use another date to amend the conditions? >> Correct. That's that's a better way of putting it. >> It doesn't require a public hearing. Oh, maybe I don't know if it does because you'd be changing the approval
of the conditions you've already approved. Well, I just don't want to be holding them up for some for for some minor stuff that we just want to make sure. >> Thank you. >> So, approve it pending the additional
conditions and town council approval >> and then amend the date. I'm just concerned about re having to reopen this after the board the board can approve it as written like the decision as written
with you know and we'll write it based on the vote tonight um and you know the the summary of the process um but the conditions will remain the same that were approved in 2017 knowing that you will be amending it does that
necessitate another public hearing to amend what you're approving tonight because it's a a approve you're changing the approval you're granting. Oh, thus opening it up for another set
of community comments. Ken, is that because this was presented to the public? >> Well, the public should have awareness of that based on the plan based on the town's previous approval. Um, you know,
the planning board approved that back in 2017 >> and the intention is for the board to utilize the majority of those conditions. However, in the case that you know the board is
not ready to strike and and amend them on in tonight and the board wants to act tonight. What it's like what should the motion be? So, >> so you're saying it might be better to
try to accept it as as it is more than try to take out things. And I mean, do we really is the homeowner association like a definite nogo for you? Cuz that's the whole thing that's holding it up, right? The thing is you won't you would
probably in your motion also need to talk about this the phasing of the project. >> Yeah. So, so the phasing the phasing is something that you >> we don't have to be as concerned about the phasing as I as I was thinking.
>> All we have to do is put in put into our conditions. All conditions will apply to each phase to the entire project. I'm just concerned about process. So, >> I know you are. So, so if we if we voted to approve tonight,
taking out all language that pertains to association, all other language will that's basically all we're doing is we're taking that out. >> Yeah. I mean, I think that would be appropriate yours if if you're fine with not necessarily
needing to address those other items in this, you know, approval process. >> And then just to sum it up to to to cover us with a blanket statement, all conditions apply to each
each section, each phase of this project >> as presented by the developer. Correct. Yeah, I think that would be appropriate. >> And and the only thing we're deleting is the the the uh >> the portion of the homeowners association
post post um town acceptance. Does anybody have any issue with that? No, I think that was our goal, >> right? >> Yeah. >> I just want to make sure we're clear >> and then we can clear this up the the
week some of this stuff and then uh >> why did you want to talk to town council though? What were you worried about? >> I'm not worried about anything. I just want to make sure that you got the language right. But if we're we're overthinking it, all we need to do is
delete the >> when we vote to delete the information that regards to that's in regards to the uh the association. >> I would also like the board to take additional action on number seven which were the waiverss for the subdivision
rules. So you can just state those particular sections of the subdivision rules and rights. >> Why do we want we want to take that out? >> No, no, no. just take an additional
action to your vote to approve to also accept those waiver requests. >> And that's at the end. Is that what you mean? Like um >> so it's those bullets just stating the sections of the subdivision regulations where the board has accepted the plan
that um that already is acting upon the waiver request that they initially asked for in 2017. So, as part of this approval process, it's just to ensure that those waiverss are still accepted.
>> But it's it's likely that the waivers are already accepted because they are part of the plan that was initially approved in 2017. >> Yeah. So street trees >> cuz it's the role of the planning board to ensure that if you if the applicant is waving
um requirements of the uh of the subdivision rules and rights that the board would act to be a because you have the ability to wave those components and obviously the board in 2017 waved those particulars. So just asking this board
to do the same in addition to >> So we need to say that out loud. You're saying don't. >> So there you have two motions. You have the motion to accept the waiverss as listed in number seven and then your motion with regards to your approval. How you want to word that?
Yeah. So memory serves me correctly, the the the roadway pitch and the crowning was requested by um DPW. What was in our subdivision but was that was way too steep, I guess.
>> Sure. So >> in the motion what we have to say and to take out all language having to do with homeowners association. >> Reference it. >> We want to say modify instead of take out right because we're keeping some of the language.
>> We're just replacing homeowners. but for keeping some of the language. I don't know what are your thoughts on delete versus modify cuz I don't want to say we're deleting all of
number four, but >> I think modify goes to the intent of having the end language reflect the removal of instances of homeowners association but does not
>> I think elite is like >> more specific >> maybe a little too strong >> yeah so I think modifying it >> and maybe some language about what you're modifying >> yeah Okay.
So, we're modifying when it says homeowner association to developer cuz you have to say modify it to something, right? Is that what I mean? As opposed to just taking it off. >> Okay. So the the the first waiver or the
first motion would be to to to wave all said items under under number seven as previously approved. Motion two, to modify the language to remove homeowners association
and uh language after town acceptance. So everything will stay in place. The the contractor, the association, whatever will be responsible for maintaining everything up until the town accepts it. >> So don't you modify say remove? >> He is he is modified by Yeah. So, you
know, modify the existing conditions that reference a homeowners association. Um, how we transition that to post post acceptance from the town to post
acceptance. some post acceptance from the town. >> And then how about what you were saying earlier about the bond has to be on both phases before moving on to the next phase. Just forget about that.
>> The language says any work has to be balanced. >> Okay, good. That's good. Should we So, modify existing conditions that reference a town association to post acceptance from the town.
And then what else was there? Um, we also need to address the phases, right? Would that be a separate motion? >> I don't think so. I think based on approving the entire plan,
>> we can say that we we've approved the the phasing layout. >> Yeah, we can in the document we can include the phasing layout as part of the documentation, but I think explicitly in the conditions, you don't need to say it because it reflects the
entirety of the subdivision and any work needs to be bonded. So >> yeah, cuz we hadn't we hadn't started looking at this first before we were already talking about that. >> So any work needs to be bonded prior to commencing,
right? Mhm. Should we you want to make sure you everything now? So, let's just let's just uh so we clean this up and move on here.
Motion one. Motion one should state all all conditions apply to each phase of the project. Motion two, I'm sorry. Yeah. Motion to is to to um approve all to reapprove all
all conditions that were waved on number seven. And number three is to modify the language to rem to remove homeowners association after town acceptance. >> That was motion three. Is that right? >> Yes.
>> Correct. >> And then for the any work needs to be bonded prior to commencing. >> I think that's that we we can say that we can make a motion. I know if you want to do that, make four motions, you know.
It's just reiterating what I said on all conditions apply. >> Yeah. Apply to each favor project. Um we Why don't I loop that into motion one? >> Just loop that in motion one. >> Okay. Okay. So, I'd like to make a
motion that all conditions apply to each phase of the project and any work needs to be bonded prior to commencing. >> We have a second. >> I'll second it.
>> Any further discussion? All in favor? >> I >> I motion two. I'd like to make a motion to reapprove all conditions that were waved in condition 7 as written.
>> Do we have a second? >> We have a second. Any further discussion? All in favor? >> I >> I. >> Motion three. I'd like to make a motion to modify the existing conditions that
reference a homeowners association to post acceptance from the town. >> I'll second it. >> We have a second. Any further discussion? >> All in favor? >> I >> I
Okay. >> Okay. And then then a motion to complete to uh approve the subdivision phases one, two, and three of Ming Ridge Ming Estates Carver Street.
>> You want to just do that? >> Yeah. Um do we need to add in as as written in the previous >> as presented >> as presented. Okay. >> So, I'd like to make a motion to approve
phases one, two, and three of Ming states as presented. We have a second. I'll >> second. >> We have a second. Any further discussion? All in favor? >> I I
good to go. >> Um there's an appeal period, 20-day appeal period once we get the the conditions written, get this qualified and uh >> yeah, there are some requirements of the conditions with regards to the
performance bond or the um security. So just ensure that those are filed with the town accordingly. But we'll get this turned over to you so you'll see the final document. You have an extra copy of those
conditions just so I have Oh, yeah. >> So, there's going to be a change obviously. >> Yeah. just based on what we said will be the changes and then uh yes look I'm trying to read that reduced
I'll sign off on it >> that's why I didn't want to do it so I formality >> so good luck we're excited about it as well as you are >> thank you tonight
>> thank you take Okay. >> Thank you. Have a good night. You too. >> What time is it? >> 6:30. >> Can I make a motion to close the meeting? >> Okay. >> Uh, I want to make a motion to close the
February 9th, 2026 meeting at 7:30. We >> have a second. Second the motion. Any further discussion? All in favor? >> I. >> Thank you.