[Music] good evening and welcome to the Thursday February 13 2025 meeting of the Lakeville planning board it is 700 p.m. and we're meeting at the Lakeville police station at 3:23 Bedford Street we have Lake cam recording is anyone else
recording hearing none um we do have a full board this evening and our town planner is with us our uh first item on the agenda is a public hearing for 7:00 p.m. 43 Main Street upon the application for approval of a definitive plan
submitted by Lakeville owner LLC to consolidate the existing Parcels remaining Lots four and five lot 5A lot 6D parcel a and parcel B and subdivide into two bu buildable Lots one and two and a roadway located at 43 Main Street
in Associated map block and lock possible vote this hearing has been continued to the evening youd like to go ahead yes good evening for the record joh lir um project proponent um since we were last
in front of you um Nancy supplied us with a draft condition um document Nancy and I went back and forth on a couple of um different items um and I think this afternoon I apologize
for the short uh the short return and I don't know if you guys have had a chance to really look through it but this afternoon I did we did kind of come to what I think is a is a good um final condition document that I believe I know we're comfortable with and and happy to talk through with you guys some of the
proposed changes um or if you had any specifics it's um I mean I think everything is pretty much straightforward I know Nancy you had a couple things do you want to go ahead and um yeah the number 30 on the trash comom passes I noticed that
you uh deleted it just got to want to give us some highlights on that yeah for sure I I think that that condition was taken from the 40b approval um that we don't intend to have any Trash compactors um on the property so didn't
feel like it was relevant it was removed from the as as I understand it it was it is and was going to be removed from the decision for the 40b as well um so I figured it would um so this is referring to trash compactors within the units it's not you're not talking about a
compacting truck this that condition is taken from a a uh 40b project that attorney qule had done in another Pro on another town that had a trash compactor like a true trashs yeah exactly so the residents were concerned about noise
there so the request was to have that minimize or to have the I think she wants it running at a certain time a day and to minimize noise consistent with the handbook Pro so it it didn't feel relevant to this um subdivision if if
the board really would like it in I mean we're not going to have a trash compactor so I I'm somewhat indifferent to it um if it's something that that you'd like in there but it's fine yeah yeah there was nothing on your plans for one right no no that would just be the last sentence
in number 30 is that agreeable M yeah so we're just removing okay okay I don't really have any no the other one was just more of me kind of understanding rolls and Rags a little better and I'm still learning so I can
check in on that but I think we're good yeah um for a little context condition 12 that has some language that we that we inserted that was pulled from VHB they suggested just it has a little bit more of a broad cover than just having the
hydro Cals so that's kind of where that's where that's coming from and then 17 as well the goal being to just um make sure that report in its entirety is captured it's like a 400 page report so having it included on the plan of record
would be a rather conversome process so just referencing that specific document and the conditions felt more efficient and that's really the the bulk of it outside of just some administrative any the planning board members have any questions comments
nope all right and Madam chairman just to reiterate on that number 12 it would delete the hydrological calculations from that langage or delete from from that yes as they have added enough language that would cover that so okay
so it does delete that last sentence okay okay yeah and I think the key there is that the the written certification that we've proposed as sort of the inserted language um shall provide a written certification the storm water system has been constructed in substantial compliance with the approved pl's storm water
management report so that storm water management report includes the 2525 storm hydral so it's it's sort of restating it but in what we feel to be actually more of a it covers more
holistically yeah just quickly get back to the dumpster so we love the dumpster how are the residents handling their trash it'll be private hauling system so um how the the HOA will operate the the private hauling
that's okay think we're ready some would like to make a motion to approve this subdivision plan yep I'll make a motion to approve the 43 Main Street um subdivision plan um approval what was it approval
yeah certificate of approval the subdivision plan 43 Main Street um as drafted with the minor edits number 12 and number 30 second all right we have a motion in a second all in favor I I I motion carries you said a quick
administrative item if you don't mind um the uh for approval of this I know this is going to be printed on myars and sent returned to you guys for signature mhm and then that would be recorded at the
registry along with this condition document for the site plan approvals of Windgate and Fox Estates we wanted uh VHB was wondering one should signature blocks be on every page of that plan set or would you prefer them on just the first page I
think we did at all all pages that's F I mean I just remember lot of good and then the other question was does that have to be on myar or can we print that on regular
paper the myar adds about five grand to the total printing cost and it the myart doesn't need we don't necessarily have to have myar by state standards for the registry so we're happy to do it we can
do it it's just was curious if that might be we could just print it on regular paper ultimately it just get scanned in electron electronically recorded whereas the subdivision those myar plans literally live at the registry so they're meant to be more durable and you know more be able to
withstand whatever what do you think I mean I know it's I mean we typically require that I think it's a decision of the board um I have no if it's if if it's you know if it's a sticking point sticking point it's really not that big of a deal we we're happy to do it I just
was making the ask hopefully try to save us a couple thousand bucks but yeah can we keep any of those in we keep a we do keep a paper copy I'm sorry I just interrupted we do keep a paper copy in the office at all times because it's going to take us
through to construction is there a way of doing my is normally the the the type of paper that would be required at the registry of deeds due to the fact that it is the long lasting paper and it stays in their
files the site planner interviews wouldn't stay at the registry those would be scanned and electronically recorded which is why we were hoping to not necessarily have to print them on myars but again if that's if you want a myar copy for matters you don't think
it's going to be scanned I don't think that one would matter no yeah so just in this one case because it is yes because it's 55 pages and yeah I think it's n 90 Pages between the two so yeah and that it would be it would be electronically
recorded anyway okay okay subdivision different story but this one y the subdivision is different so myos are important whenever a piece of land is being divided into something else or um merged together cuz they need to keep
that on record for anybody who wishes to do anything on the land and perpetuity into the future so those papers are important so that you keep those lot lines clear for anybody who wishes to come in a surveyor or any of those items 81x and RS definitive plans
those types of things UNL I think too would be those that would definitely be my law that makes sense is that printing process of sort that uh doesn't transfer I don't know the answer to that
actually because I know that that I've seen in the past you know where they've been rolled up and then uh a Xerox process just transfers to the the back of the next sheet right and you you've got a mess on your hands yeah I don't I
don't know the answer to that I mean I want to say we use some other process chronoflex or something and it could be done on paper as well but don't need to necessarily make a decision now I know Annie was was hoping to to just wanted to put that I mean we
don't have it on to vote really we don't have it on to vote it was just a it was an um a request that came in they asked us about what the next steps would be and Kathy Prov Ed them uh the next steps which you had gone over with me in advance so so yeah we could bring it up at the next when we actually have the
final document to sign because I don't have a clean copy right now for you to sign on the decision anyway I just I mean I guess I just I just want to make sure that we don't yeah cause an issue for anything else down the road I know like if we can create an exception for
this then I'm okay with it as long as as Nancy said it yes for the for the s that should be fine but for any of the others definitive no totally agreed there the definitive will we print it on myar only on but for a definitive plan okay so and it doesn't
matter how many pages they give us no no no that that will totally be on a Mya that's the state the registry will require that so do you want can you wait the two weeks for next meeting and so we can so for the myars for the subdivision totally this is for the site plan review
for the other two um for Windgate and Fox Estates that I think decision is has been finalized and signed at this point and stamp by the Town Clerk and all that type of stuff so it's just the process of recording it at the registry that we just so that's what I mean can are you able to wait the two weeks so we can
okay so so let's put it on for um February 27th and um we'll just double check and make it official either way probably won't make no don't worry about that it's un like y you can watch it perfect
all right thank you apprciate thank you John all right agenda item number two anr Plan 8 Southworth and five Fair viiew Drive sfg Associates Inc possible vote
so good evening good evening I'm Brad fgd from SG engineering 28 Main Street Lakeville the last meeting we brought this fa a and um unfortunately we had missed an existing garage on the five um
Fairway Drive property so we went back out located that we've shown that on the plan and you can see it's 37 ft from the proposed new line so we're we're good there right and good catch John um would someone like to make a
motion to approve this anr make a motion to approve the anr for 8 Southworth Street second a motion in a second all in favor I I motion carries thank you thank you
um do you want it this very second or no we usually hold them and sign them at the end of the meeting that works yeah I'll just pick it upor m yep no one will be there on Monday but definitely Tuesday if you don't make it in the morning tomorrow because we close at 12
right thank you very much thank you thank you have a good night agenda item number three an our plan 10 Panet ter Drive continue to this evening land surveyors possible vote uh this anr had been before us previously and we were
looking to have the septic and well shown or the septic shown which you have included um any other I don't think there's any other questions I think we went through everything else last time would someone like to make a motion to approve this a anr make a motion to
approve the uh 10 uh Pantry Drive second second Motion in a second all in favor I motion carries thank you moving right through all good so then you can register be in the
car tomorrow we'll sign at the end and you only weeks tomorrow so when the meeting's over you can sign it or Tuesday either way all right yeah we Tuesday sound good yeah Tuesday
good right okay sounds good okay that was was easy you're I'll set I got another one so I know sign at theend not going to have to pick that up we're going to pick we're going to pick it up either tomorrow or Tuesday
okay from okay all right okay thank you agenda item number four anr plan 92 Holland Road Zenith Consulting Engineers possible vote you guys stay young don't get old that one have a good night hello again hi how
you doing thank you my name is Bob Forbes from Z Consulting Engineers by the way um so this is a form a plan um it's the entire pastle that is the lots are being taken from the APLE here these
two lots you may Rec call were in a previous foret that you guys approved um so what's what we're asking to do is create these two lots and the remaining land associated with that um we're on
Howland Road which is a pave public road we have the uh zoning Circle shown on here and um fortunately we have included the septic and the well and the buildings on the existing lot as well um
so I do have a question about this one because so in in our uh bylaws it does say over acre of disturbance trigger site plan review um I know that now some lots have been
um held under separate ownership but I'm curious about you know cuz our bylaw is not specific as to ownership it just says um over an anre of disturbance trigger site plan review um I was hoping to maybe have Nancy just do a little
digging into that to see what it would might be triggered by that ruling in the bylaw what would that pain to that's not going to impact the lot lines so all this is doing is creating the lot lines for these properties it's
we're not if that is a requirement then we'll of course we'll abide by whatever um whatever the decision is with regard to that um but all this all the form a is doing is creating these lot lines so if things need to be done in the future
in relation to that they will be you know site plan review or whatever I mean a for a um you can we can come in and show you lots that don't even conform to zoning are they all
really have to do so my concern is so within the past year this you know we've seen the same you know the 92 Holland we've seen it aard and now aard again and because of the contiguousness of that land disturbance I just want to
make sure that we're not approving an anr and now um it's out of our hands um because you know like I said if it does say over an acre of disturbance and we haven't seen a site plan review filed
yet um yes I I'm not familiar with that uh portion of uh was that a zoning bylaw that requires that for residential for single family housing it's under it's it's under our site plan review yes okay um and I'm not familiar with that again
in fact I I just happen to have it because we're looking at site plan review tonight if You' like to my guess would be that um that when any of these Lots go for building permit then that's where that would be triggered all the
all the form a does is create the lot lines it doesn't get proove anything we're not there's no buil proposed houses shown on any of these Lots you're not you're not not approving anything you're not even saying these lots are buildable by approving this well so are you all right if we continue it for the
two weeks and actually yeah I prefer that not to be the case we got there so this is all in similar ownership now these three lots this lot is under pns to be sold out of it and the closing is
happening shortly and they Unfortunately they can't wait for the for the uh for the two the two weeks so they were they were going to close before they got an approval for the anr no they can't that's why we here
tonight oh so you just assumed it would be well you have 21 days to approve it right well or take action or and I would like to continue it just could happen to us I got one other question though about the remaining land you're creating a lot
that doesn't have Frontage not buildable we're allowed to do that yeah on the plan they um Madam chairman they were they were encouraged to add not a buildable lot to the back I really I'm sure they can get further relief on that
if they build a road in off of it and try to get the frontage on a road that goes in the back to get these extra Lots built on but yeah yeah I'm not I'm not actually even involved in this project at my company
but that's what I would assume that leg is for potential future to create some front two more Lots out the back side probably with the CAC of sorts but by saying not a buildable lot then they can't they can't it doesn't assume to anybody who would
be looking at the lots for purchase that it is currently buildable the way it is because they don't have the frontage on that lot to be a buildable lot but they could put a put a street in they they could put a street in and get Frontage off the street but they would have to build the street to make the frontage
work require that is it requires approval under the subdivision control law this plan is approval not required under the subdivis for well I understand that so we would need to do a form C subdivision if anything were to happen back there yeah I I was just looking it
a lot that was kind of not a not a buildable a lot okay all right so he's not agreeable to continue and I mean it is just an anr m
y um I would like it to see it go to site plan review if you know over an acre of disturbance we can um because you I could write a decision to be signed um after the fact that state
something to the effect that this was approved with further review of the need of a site plan review for these these lots to move forward yeah I I don't think we have any problem you don't have a problem with that so I could write a you know a onepage decision just
basically stating something to that effect so that you have coverage on the site plan review so you don't feel like you know something s got away from us right okay does that make sense that makes sense okay okay so um we'll have
to make a motion to approve with with conditions condition condition that we have to well we don't have to approve it he just we just wait up to 21 days right yeah it's not it's not really an approval right exactly it's an endorsement but I think we're still
better off yeah yeah I'm saying I'm saying it wouldn't matter anyway but um yeah yeah I could literally just be a notification to Nate can not approve building plant until what whatever is taken whatever needs to be taken care of
is taken care it'll be written up in a in a legal document okay make a motion to endorse the plan as right with the with the condition conditions of uh site plan review be
satisfied um understanding site plan review would be satisfied was that okay with you that's like I said I'm not an attorney and you're you're better at spelling that out tonight so I don't have a problem with that condition okay so of course if it I will absolutely
willing to so make a motion to I hate this um uh to um to condition the approval with uh a site plan review condition so second good thank you so moved something to that nature it will sound a little different we have a
second all in favor right thank you you because you've been there for two of them iot to introduce myself thank you agenda item number six deite discuss
site plan review by law edits this was something we discussed at our prior meeting um in relation to making sure that we capture anything that might not include a building like a
parking lot or something to that nature did you get it want to pass that over did oh sorry number five oops sorry oops I crossed off the wrong one um I'm sorry
agenda item number five um public hearing site plan review 10 Harding Street on the application for site plan review and approval submitted by Lex development Inc for the construction of a proposed 13,300 ft building Associated driveway parking area and utilities uh
this applicant has requested to continue absolutely yes so we will continue this until February 27th okay okay I'll make a motion to continue the public hearing for site plan review of 10 Harding Street till February 27th
there all in favor I I all right now agenda item number six Sor I was look uh discuss site plan review bylaw edits this is the one that we had discussed previously um
capturing um or tight tightening up our language so that there's not any holes in it um so Nancy thank you for putting something together for us to review abut now
um your suggested language is this in does this replace or this is an addition to yeah so um Madam chairman this would just be this was just suggested language some of it I actually liked um and then other
the other like bullet numbers are just examples of what other communities had and I just coupled them together um two one of the items I heard at the last meeting that you were interested in hearing about was parking as it didn't
seem to trigger your parking so number three and four on the second page actually kind of meet it but in different like slightly different ways it just depends on on how you wish to couch it I I prefer number three okay
personally I don't know what anyone else have a preference I'm good with that okay um and then actually so under where you had the other suggested language um I thought some of these were interesting too um the third one enlargement SL
expansion such as the building addition or parking lot expansion yeah as well as the fifth one down cumulative permit value is exceeding 50% of the current assessed property value that's an interesting one yeah yeah so these are other towns that use
these language yep um I'd like to see so the way I Envision it CU you know we're going to hopefully bring something to town meeting I'd like to have something on next meeting um drafts cuz we have a stone water draft and so maybe put this
into a red line so typically I know you're new in town but so typically what we'll do is um to present to town meeting you'll take the existing bylaw and do a red line like um anything cross
cross out yeah and then red um font for the new okay and anything new is red if it's a cross out I put a strikeout through it y with the red coloring y on all the lettering and the strikeout and then if it's new I also write the new
lettering in red yes so like if if we're going to add this in you know we'll take the existing and just put the red all the new will be in the red so I'll just leave the whole section that particular section in so that you can see that this
was an addition to the applicability exactly yep so residents who aren't you know dealing with this every day they can read through and they can see this is what we're adding uh this is what we're uh retracting so if we could get it into like a Redline copy absolutely for next
one and I I'd like to see I I think all of them maybe three except for and not four okay three not four got it I mean yeah or do we we just include both of them they're not it's not like four is
bad um and then I do like that you have activities uh not subject to site plan review that's that's kind of a good these are these aren't yeah app the only one that I wondered about on that one is number two
um you know and I was thinking of a of a manufacturing facility that put some new machine in that maybe triples their ability to produce whatever they're producing y it may not impact their parking or anything but it would impact
uh Trucking operations in and out of there yeah then you'd want them to come then you'd want them to come yeah that would be a change in the in the traffic y yeah which it does say that number four is traffic volume yeah okay
so other so from the other suggested language to consider do we want to ask her to add any of these in are there any that we think should be included as well mean I would think new construction would
be I mean these area I mean they're they so like change of use we have that that's basically one of already you know so some of these are already in some form that's why I thought the cumulative permit value is exceeding 50 that's that's something new yeah that
um and even the vacancy for longer than 6 months but I don't think I mean we've got a lot of things that's said vacant and I don't want to right you don't want to overdo it yeah yeah if you already have something very similar and it meet the requirements then it doesn't need to
be in like I said there are suggestions um just thought kind of thought-provoking kind of things so that you have the opportunity to think about other things that you might would like to add at some at this time or do we want to add that cumulative one or is that what do you guys think I would yeah
yeah yeah to change of use if you're doing that much work yeah better to have it than not have it exactly yeah okay so just just add that that bullet uh where would that go under activities not yeah up here under y
activities that would require sayfe plan review your original all the current languages at the very top so what I would do is I just add them underneath here and if I'm hearing you correctly it's three and four at the top of the second page yep and bullet and the
bullet at the very bottom cumulative permit value is exceeding 50% add those three to the bottom of your current listing um yeah yeah as well as these activities not subject okay I'd like to see that
included because maybe that's a list that we work on as well like you know did you want to leave out number two as it talks about the internal building modification which which David just clearly stated was maybe uh something that would so but it says internal
building modifications to a non-residential use that do not affect the scale or impact maybe just bold do not right does that make it clearer if like the Do Not is bolded so it's clear that this does not it's something that does not affect but if it does affect
then it is already captured under a b do not in that line change so that change in use structure to business show use yeah all right so we could see a red
line absolutely next February 27th yep awesome down to the wire at the next meeting too I'd like to bring before the board the site plan review application review that has been updated excellent yeah good Madam
chairman yes one number three reuse of the premises we all comfortable with that one a reuse of a so this is activities not subject to site plan review a reuse of a premise for which site plan review has already been conducted provided the
new use is not different in typ or impact so that's that's pretty that's exactly what we do right now it's just not stated it's not stated as like allowed it's just the opposite which says if you're changing the use and
there's a change in occupant load um then you have to come back but this just specified that if there isn't a change from you know coffee shop to coffee shop then we don't need they don't need to do cite view again sounds good okay so we don't need
to vote on this okay all good right yeah you you could vote on it at the next meeting when we actually have something in front of you to to be prepared excellent and then of course you know after that we'll have Town Council take a look at it all of them absolutely yeah to make sure I'm not
like doing changing it to a unlawful right but as long as you took those from other towns hopefully they've been reviewed at some point anyway okay so number seven we have review the following zoning board of
appeals petition Hoffman for marold Lane this one is looking for I believe it's a deck addition addition and on to pre-existing
non-conforming dwelling left side sepack will remain as is front setback is reduced to allow expansion of the front deck and the right side yard setback is being reduced to allow for additional living space but shall still be set further back than the existing shed and a budding dwelling along that property
line so Nancy I I have some feedback I'd like from you so typically when when planning board has um something like this from zoning board and it's residential and it's not really so I I know there was a residential that was very close to water and in a area that
was prone to flooding so we did kind of send some concerns back at that other than that we typically only send comments back if it's business related or something that we do tend to look at more so like parking or um accessibility
and and that sort of thing are do you have any advice should we be examining these residential ones more closely or is it is it common to just send no comment on these residential um I believe that if
something should come across the planning board's um view that you have a right to comment on something that you see might be egregious or something that you would be concerned about um it would just be a simple letter all the
department heads um get a chance to do the same um usually typically residential things don't generally raise a a red flag for the planning board and you may not need to to comment if you don't feel like there's anything to
comment about um we did do a site visit the the only thing um to me besides what CBA will look at as well was that the deck is going to be very close to the road it's a very it's a sub substandard Road in this particular area and the
deck does come out quite far um and they already have constraints if there was snow or any emergency vehicles it may be difficult and the fire department did weigh in on that already so um yeah they also don't have a driveway yes they
won't anymore yeah they will be taking out whatever driveway they have yeah so they have they may be limiting how many cars they can park now yeah so so the fire department has seen this yes he yes we sent it along to
him yeah cuz the one comment that I had was that you know since they're so close to the side plot line yeah and their neighbor is as well yeah it's very yes no way to get down the back that becomes more of a fire issue yes yeah mhm the
the other comment I did have was that they're adding a a bathroom in there and it looks like they have the ability to sneak in a bedroom yes we did send that on to to
the Board of Health Department well I did see that yeah note all but you know at the same time it's kind of oh yeah just add a little wall in a door and guess what you got it and it become something else definitely it does lend
itself to having that kind of a scenario occur I agree yeah so um though I don't know that the fire department didn't mention getting through between the two houses I think I'll reach back out to
him based on the comments you just provided and see if he had any concern about access to the back of the property um as well um but he did say that you know it triggers 50% of the value would make it um have to be updated to the
most recent fire codes as well as um the um the access of the road in the neighborhood it's very yeah I me there is a requirement in the building code relative to buildings that are closer than 30 ft together corre yes so I will
I will I I'll I'll send it back out to him and see if he has any any further comments before it gets in front of the zba so they don't have a driveway so now they Road's not really uh yeah wide enough to park a car on the street so again just
Mak that was it okay do well I mean so it sounds like you've got everything covered with zba you're looking at every angle I don't know if it's worth sending something from planning board in relation to the parking concerns I could just write up a
a quick quick memo for the comments that were made just so that they're aware that this was discussed and there were thoughts generated through the planning board okay and I can you know pass them through okay that work all right do we
want to take a vote and specify or yeah that would help me okay yeah so what are the comments that so do you I mean Board of Health is going to look at it so that's really not our purview but I think as far as fire department yeah I
know the of did because there was a note in here about that um but so parking and access and and just just the the proximity of the two houses yeah right proximity
okay okay perfect anything else is that is that good y so we're making a motion to make no comment send comments we're g to you know send a memo to the zba you know follow um regarding the fire
department um access setbacks to the two to the two houses um parking access I have proximity to two houses twice then the second one was that fire department kind
the proximity between the two buildings I have that yeah and then parking parking and then fire department access parking and fire department access yes we don't want walk in the road for the fire department thank you thank you for repeating that so I don't know if that's helpful for for you as well in the
motion all right so I'll make a motion to send a list of comments to the zba from the planning board to about um Access Fire Department access um set um the parking and the proximity
two the two properties perfect you thank you motion a second all in favor what about that bedroom bathroom that that that board of health will do that okay for the commissioner to kind of
keep your eyes out all right so we have agenda item number eight administrative update first item on here is the MBTA compliance we do have a letter this is
from the executive office of Housing and livable communities that eoh hlc that used to be HL I mean used to be thcd and um it's just uh confirming that they have received received the town's
application um I do think it's important to um read just part of this um so uh the bottom of the second paragraph therefore Lakeville is in
interim compliance with General Law chapter 40a section 3A under 76 CMR 72 multif family zoning requirement for NBTA communities as an NBTA community in interim compliance Lakeville is eligible for funds from the housing Choice
initiative the local Capital fund project the mass Works infrastructure program and the Housing Works infrastructure program additionally when eohc determines that Lakeville is compliant Lakeville will be eligible for the MBTA communities Catalyst fund which
has which was announced by Governor Hy in June of 2024 please note that all discretionary Grant programs across the heale Riso Administration take compliance with the NBTA communities law into consideration when making funding decisions eohc will continue to provide updates related to compliance statuses
under General Law chapter 48 section 3A as it completes application reviews and it as it prom promulgates and adopts permanent regulations if you have questions or need for further assistant regarding this information contact NBA NBTA
communities so I found that interesting I was not aware that there was additional Grant I didn't know there was an extra Grant either till I read that I surprised yeah that wasn't well broadcasted no it seems like it would have been though too because of the negative feedback yes um I just know
from you their withholding grant money you would think they would be propping up the fact that oh we're giving you additional opportunities right but it's not specific so I guess I'd like to dig in and find out what that is I will take a look because they gave you the link to send you towards it so yeah maybe they
keeping that Under Wraps as the the big you know car I know well I mean I don't know how much money the the state has at this point to be thrown around either though yeah this is true so so that's just so that's one of those things where we're in we're in
inim compliance we've submitted this is I think it's the second round yes that we've uh completed and I know that it's still worth watching because it's still playing out we have to keep an eye on it anyways because we share school system
with Freetown absolutely yes it was the actual development of around the the train station that put you into compliance so you were already in compliance with what they were looking for unfortunately now you don't have a station yeah right but
right now we don't have a station don't have a station for them to access as it was designed that way yeah which is unfortun but I think it's supposed to be K still like an overflow yeah for the middle Barrow yeah for the parking and
then there is a future interest in uh bringing uh rail from the cape oh right regular you know service so that leaves the door open for that being a station at that time cuz then the the issue with the train and why they they moved when
they moved the station they had to move the station from Lakeville to Middleboro is because when they changed the line it was supposed to go through Lakeville and then the other side would come in through eastn and Taunton but
they moved it to come up through the same way that you were already getting service and that would mean that the train would have to come across you know the 44 area and then back down to Lakeville and then go forward so by
cutting that off they cut 10 minutes off their time and every second on this train matters because it's such a long ride yeah so they were looking to keep it as streamlined as possible and that's why lakevi got dropped an engineer has to get out
whenever the train backs up and go around and check each brake line yes which takes which takes time otherwise they can't go forward till he checks so it's it's the rule of this is great to know just from cuz I I didn't know like
why why why they take it away putting a huge uh MBTA station but you see all the track switches and everything there's multiple tracks um when you go over the bridge in Middleboro you can see all the tracks everything so that makes total sense and
this is it now is this part of the March 24th fourth okay launch okay yep yes and I've seen them running their test runs oh yeah you can hear the whistle hear the whistle hear my backyard y were you aware of this 10minute extension getting
out of the frame backing it up on we would told that I don't know you talked about this they never they never brought that up Al I dozed off during like I know middle had a vote I don't think they wanted it and I wasn't sure why they were but that makes
sense yeah yeah when um Patrick left Office Baker changed the way that the line would go and and brought it up through through across 44 instead of taking it up through Taunton cuz that's the direction was supposed to go in and
that was to leave the cape more room for their trains that was always something that they were interested in keeping keeping the options open for the cape now the options for the cape are slightly less but they'll still probably get some service at some
point yeah uh the only other thing I wanted to quickly point out uh for the MBTA community's Catalyst Fund in typical Massachusetts state fashion coming soon is on their website as we launch this new grant program as we
launch this new grant program for complying and District approved MBTA communities we will share more information with eligible applicants and Grant recipients so okay so there's nothing really there no no okay put the cart before the horse that was good well
I was kind of I was like oh what monies are available yeah all right next one is the Adu update so now the state has finalized the Adu regulations I look through it compared to what we had previously I don't see
much of any changes that jump out at me um I did ask Nancy to send this over to Amy I did and I know you so I'm still waiting for an answer from her on on that particular item um I still think we
would have time if there was anything but as I said I I didn't really think that we as same as you I read through it and and what you already currently have and what you recently did all of those combined together it looks like you've you've covered all your bases the only
other part of that is we have an existing accessory apartment by law and do we need to add in language that says you can have an Adu or an accessory apartment or do we let Board of Health handle that because it's a
septic we should we'll take a look at that at that that was the other question do we where so now that we have Adu do we get rid of accessory apartment now everything everyone that has an accessory apartment becomes grandfathered in yeah um do we allow
what either or but we can't really say no to an Adu so do we get get rid of the accessory apartment because now it's going to be if there's that many more bedrooms and no our water issues water table so that I know has this been brought up to Legal councils so that was
so when we discussed it in the fall it was something that had brought up and said we should you know do we want to keep it and I said let's just add it for now and we'll have further discussion about whether we should remove it so I I think
um I guess is for this board to determine do do we want to I guess I'd like you know I'd like rather than feedback to see like should we get rid of accessory apartment but I don't see how we could do that without doing the public hearing you
know because it seems like it could lead to issues if if now you have an accessory Department as well as an Adu comp applies but we know we have water and nitrogen loading issues in the
areas so it might be I could add it to the question to legal counsel okay to see if they in some way conflict or or just duplicated do you know what I mean cuz duplicate ating isn't necessary and you
have a state law that you have to follow anyway so you wouldn't want to duplicate it and you definitely want it conflicting so and because the state law allows it to be attached or not so it really does yeah covers all the Bas the only thing is so our accessory apartment
it was up to 1,000 square foot and this is up to 900 or whatever small or half correct um I think we're better off getting rid of the accessory apartment and letting the Adu be what it is MHM because it covers
all the Bas right because it does yep I mean does it are we uh you know what what about a a house really simply start to divide it what like a without without putting an addition on
it or anything that accessory apartment so you're thinking like an old like like in middleb Main Street some of those larger yeah but not necessarily I mean say youve got a you know a a cape and you
put a Stairway up the side of it and the second floor becomes an apartment you really haven't well so we don't allow Apartments here in Lakeville it's you know it was really just as 40b or in the mixed use Zone that's the only areas that would allow that um and that's why
so even to cut down on these little dwelling units that's why it had to be attached to the house to make it look like it's all one um I I personally think as far as access the apartment I think it it really is like you said it's kind of duplicated in
that ad language it's just a little bit different um would you like to add it to the February 27th for for um a vote take a look at it I'd like to the I do have you know
this from the select board with the warrant opening and closing um I'd like to see just one item one agenda item for um us to review possible Springtown meeting more articles and we can just list you know storm water Adu accessory
apartment site plan review like there were a couple others but they were all sort of dependent like the osrd and the um yeah someone yeah dependent on other things right which oh and right the senior
overlay that we haven't heard anything further from that yeah so I believe Derek wants to come right to the if I knew his last name I would say that but I don't know I only met him quickly so but he would like to come to the 27th so he'll be there okay yeah okay all right
so maybe you'll have an answer a little bit more information uh when you when he comes to present in front of you yeah yeah okay the interesting so just to add the interesting thing about the Adu is there is a lot of still a lot of chatter
amongst planners and and those those folks that find these Adu things um quite interesting and there's still feels like they're not quite done yet you know it just feels like there's still a lot of unknowns like condo ising
and how does that work and that list U Amy put together that was a significant list of of good questions and concerns and for them to just come out with the same right they didn't take any feedback which is a
shame right yeah so so maybe that maybe there's still more to come then maybe maybe we're better off get rid of the accessory apartment and next town meeting we'll have to see what Happ happens
still all right the next item on the agenda is red Hand Brewing um so last time we had taken a vote to uh revise the conditions we couldn't revise the existing conditions so we had to do it as an amendment of the approval and I did go in to sign that to get that uh
taken care of because we had already taken a vote to do it yep so this is just more of a FYI I don't know if there's anything going yet no that's no that's that covers it thank you okay so that is taken care of really there
what's that I they don't inv I'm sure you're invited Jack we were open today they had the flag out oh did they yes they did yeah sure uh 13 Main Street review possible
vote hi good evening are you here to speak to this I I am M shair Michael asoni and the attorney on behalf uh who permitted the site plan approval um I saw this on your
agenda um I'm not sure what it's about um but there's a couple requests we had made to the the planning department with respect to the PE review monies in the B we're asking to have those released and asking the board to to to release those
funds tonight okay I think that's why it's put on here as administrative review so that we can discuss and uh determine next steps so would you like to speak to this one um sure um we we received a request
to release um the performance and the uh performance guarantee in the 53g account um and in that process we also found that the 53g account had not not been um touched so then we kind of looked into
whether or not inspections had taken place during construction and I I I don't know I don't have I don't have proof that they were um so I would probably just ask that you probably investigate and find out if that was something that you know was asked of the
town or if something happened we just haven't got the records right or something I'm not quite sure what's what happened so all the money that was side for review it's still there is still there it's still there okay it's $5,000 still there that was what was asked of
them and the $20,000 is also still in the account okay so plus interest and so I know in these conditions there were requirements M chair if I may there was a condition permit that required you
appli to meet with um have a pre-construction meeting with the town uh that pre-construction meeting was held and as I understand that the discussion with with the former Town planner was we would do the inspections at the end of the process similar to the storage building that was done okay um
the the work's all complete you have the as built and um you have the $55,000 in the account if you want your engineer to come out we have no problem with that um our concern is we just don't want this to linger months and months and months and months obviously and I know you folks want to wrap it up as
well um so I know we did have a similar uh situation with a um subdivision where they put down the roads and certain things um prior to peer review so we did just have we had their engineer submit
um I'm drawing a blank a letter of affidavit affidavit um confirming what was put down and then we also sent out our peer review to just double check and make sure that everything is as it shown
so as long as the board is amendable do you think we should do the same with this I I would yeah so reach out to peer review I don't I don't remember do you remember it was uh environmental
parts I'll have them yeah I'll have them be the one to do the review as well that's fine we can we can get a certification from our engineer as well the construction just be construction conformance that's not an issue again the subdivision is a little different because this is in a public W ask the
board to keep that in mind but right I I don't have any issue with our engineer doing it your engineer coming out the money's there so and actually so this was yeah for the stor Mar management trees prior to final Paving in
completion of their were um if the board I have a request if the board would not detain it um if if the engineer if we submit our affidavit and your engineer signs off the board be comfortable voting to release the monies the performance money the 20,000 the performance monies and whatever the
balance is of the peer review um that way we don't have to come back you folks I mean I don't want to release anything until peerreview is no after peie once peer riew it yeah I guess I'm not sure what you're
asking cuz obviously if once we get that V release the money's tonight subject peer review peer review signing off on the um the as I mean you don't have to come back as long as it's everything is in order we can we can do that without you being here understood so I don't
want I don't want to get put the cart before the horse I don't know uh do we do we think peerreview what's the estimate at the time do you think that peerreview would get up there well I would reach out to them immediately uh tomorrow morning to make sure that they would be available and when they would
be available to go out if you want him to meet your engineer on site as well um I'll provide them the as belt that I already have um and and then we can go from there that would makees sense to me I just want to say probably with weather coming expect it I just after oh no it
won't happen tomorrow itself but you'd be looking into at Le next week or week after yeah but no hold up uh as far as our end we'll get them out as soon as they are available to go and we can coordinate with you as well to make sure that you know if you have your engineer
on site that works okay for us as well yeah I think it'd be easier if there's any issues they can figure it out okay y all right so we'll um send it off a peer review and you'll submit the affidavits and we'll get this back on the agenda as
soon as we have anything back from PE peer review sounds good we were a review of the of the lease at one time did we we yep that was that wases that sound good sounds good to me okay all right thank you for your time problem we put on the next talk cat
putting on the next agenda right yeah um I think depending on when I mean I the next two weeks what out it probably won't get out in the next two weeks I I would assume with weather and snow covering things might be difficult well at least get the report back we won't have the report back in 2 weeks internal
and external right review yeah so so they're going to give us the affidavit it says that it was done according to the plans that you approved and then the peer review will check on the things that they can actually check on and you know finding out if the drainage was done properly at the right elevations
all of that we looked at the trees um anything that was you know on the plan will be reviewed MH excellent uh do you do we need to take a vote on that do yes I did did you did you we do have
take it yes I would move it to the vote so that then we can vote for theie theid and the affidavit and to uh to put it back on the agenda when the time when we have all of the materials ready for you to review and make a
decision so I'll make a motion to have peer review um go out to the site and verify that the uh meets the meets the requirements of the approval as well as uh request the engineer of record to provide their Construction Control
affidavits in a second I'll favor I all right we also have Pine Crest Village complaint possible vote Nancy if you want speak to that one as well because you did get that complaint we have an email in here as well as some pictures a
lot of land clearing I guess there was issues from I didn't get a chance to get out there yet but so they they uh I we received this email um I I received it from uh Tracy Craig mcke from the uh Town
Administrator and select board's office um I came to both Nate and I and I went out to take a look and did a site visit and determined that the sil fence needed to be installed and the the rumble strip also needed to be installed spoke with
the with the contractor developer and um he within the next day or two we had the silt fans installed conservation also has been working with them too they did a site visit and they have inspected the silt fence and that has been approved
and weather pending he will get the rumble strip in as well okay so I feel like you know this is in a better place and we he said he will let me know once the rumble strip is installed and then I can go out and and check to ensure that
it's done according to the plan it's it's not something we need an engineer to take a look at I can certainly go myself as soon as he he's able to to get that in okay yeah and then my only concern was it was saying that a
neighbor was uh not able to get into the garage yes we talked to him about that as well like to be friendly to the neighbor it's a very tight area where going in and out and the best course of action is to be as friendly as possible because you're going to be together for
a while during difficult times so just be as helpful as you can to the neighbor but so they're not blocking the garage or what was the now it's a little bit of of between the two of them blocking each other just depends on the time
get so hopefully that will get REM REM remedied so that there is no more uh continuing issues for them no okay so it sounds like you're on top of this and I I did ask to put possible vote in case we had to take any action but you want
to just keep an eye on this and put it back on if you need to I think so it's I'll stay in touch with the contractor developer and make sure that we're we're staying in tuned again it's because it's such a tight area hard to get in and out and you know his relationship with them
it's important while he's going through this process so yeah I think we can work together and make that make it good right for the Neighbors thank you thank you Nancy you're welcome all right uh last one on here is
bylaw review discussion possible vote um this is something Nancy and I had spoke about um maybe looking into getting a review of our bylaws seeing what sort of holes there may be trying
to bite button up any I want like I see it as an opportunity for someone who's not familiar to review and say okay well I can do this with this language or I could I could you know do this and and I
think we saw it like for example with the slack board they went to do enforcement and there was no means of enforcement in the bylaw so I I would like to see something like that for the zoning bylaws and in any little holes that they can find that we can address
and tight up so we don't have a leaky ship you know yeah the I I think it's important to have an independent review we'd have hire a legal counsel who's familiar with land use um law and make sure that uh an analysis is done of your
bylaws um potentially the the the items that you just mentioned as well as you know why are you getting some of the development that you're getting and why are you not getting the development that you want and how can we how can we prepare the community for those types of
things M so that you're in a better position moving forward so now how do you see us cuz obviously that's going to take some money yes so how do you see us um funding this sort of thing so I did reach out to the Town Administrator and
he would be willing to help with the funding I have to get a dollar amount for him first for him to really be able to tell me where those funds might come from um but yeah I I just feel like it's a good step forward um for you to take a look at what it is you have and where
you could go and and how you can make improvements and what's already working what already works and what is like important for you to keep and oh go ahead sorry no go ahead now um how often just from your
expertise how often should we have Council take a look at those bylaws on a less than 50 years um many towns many communities do not do this they generally it happens when
communities want to do a a codification or recodification of their bylaws that's usually a good time to do an analysis and we did and there was a number of items and it was kind of like oh let's not worry about these oh oh those are the important those are the important
parts if you have that that's a good place for them to start so it may not be heavy lift as we think it is if you already have something that was recently done so so we had I had a list of zoning bylaws and I was asking the former planner what do you think about this oh
yeah don't worry about that so I can probably pull up that list okay for one if you have that that would be great for two um do you have a person like a an entity in mind to do this you do I do yeah um Mark rowski is one of the top
land use attorneys I would reach out to him as I have in the past um I found his his price to be very reasonable and I I think he's probably one of the finest land use attorne is Massachusetts he
comes well respected he's written the books the the Browski land use books that most people will go to when they're looking at uh legal cases to to try to determine you know which way to go yeah but this is I mean this for me anyways
makes me feel really good knowing that this or it's coming together looking at these areas to set us up for success in the future cuz I mean and keep us updated too right and one of those things I would love to look at the use chart too because you know that's something where we can help like is that
something we could do with this we could do that with that and we can we can take some you know do some meetings that just go into like the use table and suggestions we would we could ask for suggestions too as to what type of use
tables should how should we couch our use tables what language should we be using updated language might be very helpful to again it's going to bring in the kind of development that the town wishes to have that's key like you do
have a lot more control um through your bylaws than you maybe maybe most people realize they do but there is there's there's a lot that can be done a master plan as well like a master plan is key it kind of guides your community and
helps the Board make decisions about how the future look of the Town um should be so you know leaning back on that that document the case law has said yeah they they denied something because the master plan had said this was not conducive to
the community and the laws honored that so there is that as well so you know taking a look back over your over your master plan every once in a while to remember what that says maybe even have a Saturday morning coffee with everybody and figure out is this where you still
want to be you know after was is it 3 years four years well it's a 2020 2030 so it's good till 2030 but I think but it's always good to go go over it again to see if they're going to have to start reviewing to rev to up it shows that
you're actually like kind of implementing it in a way that still continues to take the community's input in in into mine I think oh and our like our the the additional um booklet to our master plan is thicker than the actual
master plan I love like if you can read through all the letters all the community input you know and it's so the it's rural rural remain like maintain what we have don't lose the we just send them a copy so what's I have one just send the master implementation committee
yeah they're meeting next week so they okay yeah oh they do I'll be there yeah um so so would this I'm assuming like with sured with a storm water would they take some input from us or like would he take some input from us or would he go through it first legal counsel would go
through it for like to hire a legal counsel he would go through your bylaws and then give you an analysis okay it would be like a you know almost like a report okay um and his his his view would be to look at it he would also we could guide that through the through the
RFP as to what what what tweaks you wish to see like where you really want to make focuses and and and things of that nature to kind of help guide his review okay you know if you wanted him to look at like making sure that the bylaws are
consistent with current law that's another layer of review that could happen but it just depends on what what you you know and think about it I haven't written it yet um I just wanted to to get some ideas so that when I talk to him I can get a rough ballpark figure of the cost
so then we can find out how much and see if there is funds available okay sounds good and the only other thing is I was going to say because when we were looking into other options besides hiring a planner which I'm glad
we have you yeah but um we did consider Platinum Partners and they have a planner as well as a legal okay um an attorney on their team so just want like they were very nice they were at a Sten is that right somewhere Sten there's a
real need right now for that and they were they were um highly recommended by Barbara Makowski I value her opinion I spoke with the woman uh the planner and she actually congratulated us when I let to know that you know we hired a planner so she's like oh that's great but I did tell her like if if we ever have a need
we'll keep them in m so that's great just wanted to throw that up to you all right so you'll look into that bring something back and I will yep I I I don't know what the time frame will be it just depends on how long it takes for to get back to me but as soon
as I have something I'll make sure it gets on the agenda CU I'm I'm excited I think this is a good absolutely a good tool for you to have so do you want us to take a vote for any sort of action at this point or yeah I mean you could vote to to
investigate the cost of um a a bylaw review and Analysis from um an outside yeah inde third party all right you think John yeah sure
make a motion to uh was it to um for cost look for cost yeah look investigate the for cost for a third party review of our bylaws Motion in a second I'll in favor I I all right and we'll just get this back on as soon as you have something to
bring us absolutely awesome thank you agenda item number nine approved December 12th 2024 meeting minutes we have a set of minutes in our packet has any everyone had a chance to review these any requested
edits I do not have no either someone like to make a motion to approve I'll make a motion to approve the Thursday December 12th 2024 meeting minutes as drafted motion second second all in favor I I next meeting is February 27th
2025 you're at the police station any other business the only other thing is like I mentioned earlier we have to get our warrant articles uh ready to submit to the select board uh the warrant closes April 14th at 4 p.m. so we should
be in good shape it looks like so far yeah yeah good get close it's amazing how fast up you think oh I got all this time and then all of a sudden it's like oh it's right here yeah yeah yeah all right anyone anything else no anyone
want just got a sign make a motion to adjourn all in favor I