All right. As a preliminary matter, this is Woody Knight, chair of the new planning board. Now, permit me to confirm that all members and persons anticipated on the agenda are present and can hear me. Now, playing board members, when I call your name, please respond in the affirmative.
Peter Pos, >> yes, sir. >> Larry Murphy, >> yes. Scott Kenta. >> Yes. >> And Steve Manian. >> Yes. And town staff Kristen Grubs plan director.
>> Martha Taylor. >> Yes. >> Martha Taylor, special projects planner. >> Yes. Yep. Here. >> Sadie Woodward. Um, assistant planner. >> Here. >> Very good.
Good evening. March 4th, 2026 open meeting of the Newbury Planning Board is being conducted remotely consistent with chapter 2 of the acts of 2025, which extends the governor's March 12th, 2020 order suspending certain provisions
of the open meeting law GLC 3820 until June 30th, 2027. For this meeting, the new planning board is screening by video conference via Zoom as posted on the planning board's agenda, which can be found at the town's
website. You may join us by going to http semicolon zoom. us and entering the meeting ID number 83271413056 and the passcodes 108790
or by calling in 1 1929 2056099 US and entering the meeting ID number and passcode when prompted. Please note that this meeting is being recorded and that attendees are participating by video and our telephone
conference. The meeting will is also being broadcast live through local uh cable channel 9 on Zoom and at newetv.wicksite.comtctv and the recording will be available at the Newbury Access YouTube channel.
Meeting business uh ground rules. Before turning to our first item on the agenda, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. As chair, I will introduce each speaker
on the agenda. After speakers conclude their remarks, I will go down the list of board members, inviting each one by name to provide any comments, questions, or motion. For all attendees, please remember to
mute your audio when you're not speaking. On Zoom, use the mute button. On your telephone, use star six to toggle to mute and also to unmute. There will be an opportunity for public comment and questions during the public
hearing. I will see questions and comments from members of the public through the Zoom raise hand function. Video conference participants to raise your hand, hover over the bottom of the Zoom window below the photo gallery and click on the image of a hand that
appears. Please ensure that your name is fully and correctly displayed on the participant list. Um, for telephone participants to raise your hand in a Zoom meeting, please hit star nine on your phone keypad. Each participant will
be called on to provide his or her name and address and then may ask a question or make their comment. Please do your best to keep your comments to three minutes or less. Your hand will be lowered when you have been given the floor for your questions.
I'll afford the applicant and or their representative the opportunity to reply. Should there be a written submitt of questions or concerns, they will be noted for the record. The applicant will be afforded the opportunity to speak if the issues raised have not yet been
addressed. And finally, each vote taken in this meeting will be conducted by roll call vote. Um, so we have about five minutes before our first public hearing this evening. Uh,
it starts at 7. So I'm going to jump ahead here to uh wonderfully prepared meeting minutes. Um, has everyone had the chance to uh read
and review the meeting minutes for February 4th, 2026? Does anyone have any questions or corrections? Hearing none, I'd entertain a motion to approve the meeting minutes for February 4th, 2026
as um for for 2026. >> So move. >> Thank you, Larry. Do I have a second? >> Second. >> Uh thank you, Pete. Uh Scott, I I saw your mouth moving, but you were muted.
All right. Has everyone had the chance to um review the main minutes for February 18th, 2026? And are there any comments, corrections? >> Woody, uh Woody, this I've lost track of
uh which meeting I didn't attend, whether it was the 4th or the 18th. So, unless someone else remembers without going into the meeting minutes right now, I will abstain on both. Okay.
>> Minutes. You were you were there for both of them, Stephen. >> Okay. >> Thank you. I was confusing it with another meeting. So, >> okay. I know you did miss one, so I And I couldn't recall which one it was either, Steve. And I also forgot. We need to do a roll call vote for the
February 4th meeting, minutes. Um, roll call vote. Peter Pos. >> Yes, sir. >> Larry Murphy, >> yes. >> Uh, Scott Kinta, >> yes. Steve Manian. >> Yes. >> And I vote yes as well. So that's taken care of. And on to February 18th. Any
corrections or comments on the meeting minutes? >> Hearing none. I'd entertain. Go ahead, Larry. >> I was going to say I'd move approval. >> Okay. Um I've entertain a motion to approve the meeting minutes for February
18th. Do I have a second? >> Second. Thank you, Scott. Roll call vote. Pete POS. >> Yes, sir. >> Larry Murphy, >> yes. >> Uh, Scott Ker, >> yes. >> And Steve Manion, >> yes.
>> Thank you. And I vote yes as well. So, that wraps up our meeting approval of meeting minutes. Um, we have a couple minutes left. Um, ZBA liaison and meeting reports. Uh, ZBA, that would be Larry. Do you have
anything to report? They really don't, Woody, other than just to uh say that the uh their regular monthly meeting is going to be March 19th at 7:30 live at the town office building town hall, but beyond that, I don't have anything to
report. >> Okay. Thank you, Larry. Um conservation commission was last night. Um we have five items on the agenda. They were all requested for continuence. 34 Central was on there. They requested for continuance. So, it was a fairly short
meeting and I have nothing to report. Um, MVPC Kristen, you have anything to report? >> Um, we had the uh regional planners meeting last Thursday um about a week ago. Um, there weren't any special
presentations, but we heard updates from all the um department uh heads. Um let's see a couple interesting things. Um the GIS technology department is
looking a little into artificial intelligence um and asking the communities to fill out a short survey about are you using AI in your activities? Is the town looking at a policy related to AI? are
there technical um advisory needs that communities have? So, that's a hot topic these days. Um and each department updated there's a there's a great website, I may have mentioned it, called
we are MV, which MVPC has launched to provide support to local um small businesses across the region. Um tons of good resources on on that website. definitely worth looking out if any of you are running home occupation
businesses or other small businesses. There's a lot of stuff for smaller scale um economic growth and development in the region. Um so those are a couple highlights. >> Okay, thank you Kristen. >> Yep.
>> I have 7 o'clock so we'll get started with our first public hearing. Um proposed amen uh zoning amendments for 2026 annual town meeting to consider pro proposed amendments to the code of
the town of Newbury chapter 97 zoning. Um Larry, could you please read the um public hearing notice that was um posted in the newspaper? >> I can. Uh, the following town of Newbury planning board public hearing notice was
published in the Newberry Port Daily News on February 16th and 23rd, 2026. To residents of the town of Newbury and other interested persons, please note that on Wednesday, March 4th, 2026, at 7 p.m., the Newbury Planning Board
will hold a public hearing remotely via Zoom pursuant to Mass General Laws Chapter 48, Section 5 to consider proposed amendments to the code of Newbury to the code of the town of Newbury, chapter 97, zoning as follows.
General amendments to existing articles 2, three, four, five, six, seven, eight, nine, 10, and 11 recommended as phase two of the town of the town zoning recartification which address administrative updates, internal inconsistencies,
provisions that are non-compliant with state statute regulations and case law and language which is unclear. Amendments to attachment for table of use regulations referenced in article three use regulations to eliminate
inconsistencies between the table and various provisions of the bylaw including definitions to revise the level of permitting required for certain uses and to revise the SPGA special permit granting authority for certain uses.
Addition of a new article 11 on clean energy facilities and related amendments to reorganize the wind energy and solar sections of the bylaw. Add a new battery storage section and address compliance with state and case law. addition of an
inclusionary zoning bylaw to provide a mechanism for creating affordable housing in Newbury as recommended by Newbury's 2023 master plan and 2024 to 2029 housing production plan. The text of these proposed amendments
are on file with the town clerk and in the planning office 12 Kentway sweet 210 Bfield Mass and may be viewed on the planning board section of the town's website at https colonbackwma.gov891proposed-zoning
gov back1 backproposed-zoning um- amendments. For more information or to obtain a copy of the proposed amendments, contact the planning office at 978-465862 extension 336.
In accordance with chapter 2 of the acts of 2025 which extends the governor's March 12, 2020, excuse me, order suspending certain provisions of the open meeting law general laws chapter 3A section 20 until June 30th, 2027. This
public meeting is being conducted remotely. All persons interested or wishing to be heard relative to the proposed zoning amendments are invited to participate in the hearing remotely at the designated time from their computer, tablet or smartphone at https
colonback us02.zoom. us back slashj back 83271413056 passcode 108790 or by telephone by calling 1- 1929-2056099 US and using meeting ID 83271413056
or may watch the meeting live on local access cable channel 9 or at www. ww.tnc tnctv.org by Woody Knight chair Newbury planning. >> Thank you. I thank you for reading them.
Um I'd like to welcome Ian. It's always nice to have you with us. Um and Kristen if you want to start presenting slides and for the um inclusionary zoning.
>> Okay. Um, thank you. Yeah, thank you, Larry. Thank you, Woody. Um, Martha, we didn't really talk, but do you want to drive the slides or do you want me to put them up and you can tell me when to forward them? >> I've got them here. So, um, I'm happy to
pull them up and then >> Great. Thank you. >> You're welcome. So, let me just All right. Can everybody see those? >> Yep. >> Yes. >> Yep. >> I can. >> Okay.
>> Great. Um, thank you, Martha. We're going to um do a sort of team effort here with the public hearing. So, thanks for kicking us off. Um, Woody and Larry. Um we
uh working on the town zoning bylaw is one of the responsibilities of the planning board um to continuously review the bylaw and regulations for improvements and amendments um with one annual town meeting in the spring. This
is an effort that starts every summer, works through the fall, and then uh in the winter really gets into high gear. And here we are in our public hearing leading up to town meeting um for 2026.
So um a little more specifically um zoning amendments often need updating uh due to changes in um state law, federal law, um changes in regulations
that impact our local bylaws. Um, this work in addition is focusing on provisions that are unclear or inconsistent, things that have come up over the years of the board's work and reviewing projects. Um, just keeping
note of where there are places in the language of chapter 97's bylaw that um that raise questions or are unclear. We keep note of those during the year and then bring them around for amendments in
the spring. And then finally, just kind of aligning with best practices, um, smart growth, uh, different kinds of zoning, um, innovative zoning that other towns are doing. We kind of watch what's
going around the state, um, focused on Massachusetts. We work closely with the support of Marramac Valley Planning Commission, um, who we are fortunate to have here tonight. Um, and just really trying to have Newbury at our local
level have the best zoning practices for the kind of growth and development um, and environmental protection and all kinds of um, economic development initiatives that the town is interested in seeing related to the goals of the
master plan and other long range goals. So, um I won't read all of this, but you can see in the bubbles across the bottom of the slide that this is a process um that is guided by um by the law um
related to public hearings. We have had several uh regular public meetings of the planning board to review the amendments and different language related to what you'll hear more about tonight. Um, as I mentioned, we started this work in July, July 30th. We did
some meetings in the fall and particularly this winter. So, the first step in February was the for the planning board to refer the proposed zoning amendments to the select board. Um, February 10th, the select board in their public meeting voted to refer the
amendments back to the planning board to have a public hearing. And now here we are at the public hearing. Um the next step will be for the planning board at the conclusion of this public hearing to refer the amendments back to
the select board to put onto the warrant for the town meeting um to consider on May 5th. This year's annual town meeting is um going to be held at the at Triton
Auditorium um Tuesday, May 5th. Um, so I'll jump to Martha to kind of give the overview. Um, I think that's what we talked about. And then, um, we're going to have, um, >> as I mentioned, we'll talk first about
the new bylaw, which is related to affordable housing, the inclusionary zoning, and we'll invite Ian to join us. >> Right. Thanks, Kristen. So, as Kristen mentioned, um a good portion of what we're talking about, um for zoning this
year is phase two of the zoning re recottification. And as a public hearing notice noted, um, that basically touches all of the articles in our zoning bylaw from article 2 through article 11 with with various changes to correct
inconsistencies and um, other things as Kristen mentioned, bringing it into alignment with current state law and case law, etc. Um the second part of that bucket really is looking at the table of use regulations, amendments to
those. Um then we're looking at a new bylaw article focusing on clean energy facilities and that will involve consolidation of all our clean energy bylaws into one article. It'll be a new new article 11 clean energy facilities.
This following articles get renumbered. Um, and this involves an update and reorganization of our ground mounted solar uh photovoltaic installations bylaw, a new battery energy storage systems bylaw, and then related changes to other sections of the bylaw that
refer to these particular um sections. And then finally, um, the new inclusionary zoning bylaw, which aligns with our long-term planning. and we're going to turn it over to Ian first since he's been kind enough to join us
to talk about the inclusionary zoning. >> Thanks Martha and thank you to the planning board for having me back here tonight. Uh great to join you all again uh if not virtually. Um so a couple things we want to go over tonight um talking about inclusionary zoning. So,
as you all may recall, um, about a year ago when we were working through your housing production plan process, a big goal that came out of it was encouraging, um, incentivizing or requiring, uh, more affordable housing production in Newberry and in future developments within town. It was also a
goal that came out of the MBTA communities zoning process when we were talking about affordable housing in those districts. A lot of folks expressed a desire to have affordable housing um required or incentivized townwide in addition to just in the MVTA communities districts. So, uh this first
slide here just showing folks and reminding folks why we're talking about inclusionary zoning and why the town and the planning board really set this as a priority to adopt in Newbury. So, a couple things to keep in mind. Uh number one, we're talking about helping families and seniors remain in the
community. folks that um maybe are getting priced out of the town um or their their children or grandchildren can't afford to move back to town that they grew up in. Um and ensuring that there are affordable ownership or rental opportunities for folks in Newberry. Thinking about seniors maybe selling
their home and downsizing or like I said, young families getting their start in town. Um every community in Massachusetts tracks their affordable housing units on what's called the subsidized housing inventory. That's the state inventory that tracks what percentage of your total housing units
are designated as affordable and is the metric that's used to track uh chapter 40B developments. Some of you may be familiar with those. Um and so really another purpose of this is to add to Newberry's affordable housing stock and get more affordable units on Newberry's
subsidized housing inventory. Like many small towns in the Marramac Valley region, in NVTC's region, um Newberry has a pretty low percentage of their overall housing stock set as affordable. Um so really aiming to try and add more to the housing stock uh for affordable
housing. And then finally, as I was mentioning at the beginning, um the housing production plan outlined a goal of adopting inclusionary zoning, but this was also emphasized um in the master plan when a lot of elements of the master plan in the housing section talked about increasing options for housing for residents and increasing the
diversity of housing options for residents across town. Go to the next slide, Ma. So, I'm just going to give a brief summary of what inclusionary zoning is and what it looks like in Newberry's bylaw. I'm not going to go through the bylaw um section by section. If folks
have specific questions, I'm happy to dive into any of those sections um and and explain any of them, but I know that we've talked about it in front of the planning board before. So, just as a recap to get everybody on the same page, what is inclusionary zoning? It's a policy that encourages developers of new housing to include affordable homes
along market rate units. Um often inclusionary zoning, uh or I should say always, is either a requirement or an incentive. And so cities and towns will set up different mechanisms within their bylaw to either require or incentivize developers to include affordable units
within a larger market rate development. Um when we're looking at the Newberry's bylaw specifically, one of the things that we're considering is the type of development that happens in town. Traditionally, usually you see single family subdivisions or something similar to that. Um, so that is the the lens we
took when adopting or drafting inclusionary zoning to make sure that the IZ fit the type of development that you have at Newberry. So, a couple things to note about the bylaw and the real crux of it. Um, number one, we're talking about uh developments that create four or more units. Um, so not
just a one person building a single family home, but really when you're building a cluster of new homes within town. Um, and if you're building four or more units, you're going to have uh the option for what we're calling a density bonus to include one or more affordable units. Now, just to back up for a second
here, what exactly are we talking about when we say affordable units? These are going to be households that are making 80% of the area median income or below. Newberry is set in the greater Boston area to calculate area median income. That is a federal designation through
the um Office of Housing and Urban Development. So it is not something that can be set locally. So you're in the the Boston area for area median income and anybody making 80% or less of that median income can qualify for the type of housing units we're saying. So in
Newbury I actually don't remember the most recent calculation but last year's um for a one person household that's about $80,000 a year because the median income is about a hundred grand within that area. So it is relatively high. Um, and you're talking not just about the
folks at the lowest level of the income ladder. What you're really talking about are um your new grads getting a job, your town employees, your teachers, your your police officers, your firefighters um and your uh residents that are maybe on a fixed income. And so you really do have um a high um income limit. And so
there will be a lot of opportunity for residents that are in Newberry today and looking to move to Newberry um to qualify for that type of housing. As a part of this, if we build if developers are building affordable housing, the deed restrictions would uh be able to mandate that the units remain
affordable in perpetuity. So they they would never expire. And so if we're talking about single family homes that folks are buying, built into the deed itself would be um an affordability mandate. So if someone buys it at an affordable price, they then have to resell it at an afford affordable price
later on if they are to sell their unit. So the crux of Newberry zoning bylaw and the way it is proposed to work in town as drafted right now is that a developer can build one bonus market rate unit for every affordable unit they're providing at 80% AMI. So when we say one bonus
unit, what we're referring to is when they're looking at their land as a whole, they might calculate, let's say your zoning minimum is 1 acre lot sizes and they own 10 acres. They calculate that they can build 10 houses on that land. However, this uh inclusionary
zoning bylaw will allow them to build 11 houses if one of those houses is is designated as affordable. So, trying to incentivize that developer to want to build more. That way, they still get a return on their profit. Um, but they're providing an affordable unit for town.
In addition to that trade-off, there is also a bonus for developers to provide a unit at 60% area median income. So, I know one of the things we talked about when we went through the housing production plan process, the master plan process, and the MVTA communities process is because that bar of 80% AMI
is so high in Newberry, like I said, about 80 grand for a one person household, we know that there are many, many folks at the lower levels of the income ladder that need to access housing. And so, one of the trade-offs in addition to the one bonus unit is we will give a developer two bonus units if
they provide a unit at 60% AMI. So in that case, you'd be able to build 12 houses on my example of a of a typical 10house subdivision. You'd be allowed 12 houses if one of them is set aside at 60% AMI. Um, now just to note and before we go to
kind of the questions and public comment period, one of the things we look at with inclusionary zoning that makes it very uh challenging in every city and town is uh how likely it is for a developer to build if inclusionary zoning exists. So what I mean by that is
very often given the high cost of construction, high cost of land, if developers are including an affordable unit in their uh production of their actual development, it will change their profit margins often to the point where it's uh nonprofitable to build housing.
And if if you're not making a profit, they're not going to build anything to begin with. So when we look at a town like Newberry, we know there are development constraints. things like a lack of public sewer, um maybe limited water resources, expensive land to build on. All of these factors make it much
more expensive for developers to build housing. And so that's why we go the incentive route in a town like Newberry because uh the concern is that with a strict requirement, it it may be the case that a developer wouldn't build anything at all as opposed to building something with affordable housing
through the incentive phase. Many cities and towns look at their inclusionary zoning on a regular basis. One thing I emphasize with the board is that inclusionary zoning is not a oneanddone process. And so if your town meeting were to adopt this bylaw at town meeting this year, it would be recommended that
you know every couple of years you take a look and say is this working? Is it producing the units we want? And if not, are there things we need to change? And that's simply because market conditions change, you know, on a month-to-month basis, but you know, more macro on a year-to-year and multi-year basis. And
so it's very helpful. most cities and towns will say, "Okay, the conditions have changed. We can either require more affordability or less affordability because of what the market's looking like today, maybe three years from now." Um, I'll stop there. Um, like I said, happy to pull up the bylaw and refer to specific sections if folks have
questions, but I want to leave time for the rest of your meeting uh and not go too detailed up front. >> Okay. Thank you, Ian. Um, pledge board members, do you have any questions for Ian? I have one, Woody, uh, or to to anyone,
uh, for that matter. Uh, I think the last time we reviewed a a draft of this bylaw, if my memory is accurate, it was still pending town council review. Has that happened? >> Yes, it has. >> Okay. Thank you, Martha. That's all I
had. Okay. Anyone else have questions for Ian? I have none. >> Thank you, Ian. >> Yes, >> nice job, Ian.
>> Okay, thank you, Ian. Um, do we have Now's the time to if there's any members of the public that have any questions or comments for Ian. Um rem a reminder that you hit the hand if you're on Zoom and um it's star nine to
raise your hand if you're on your telephone and I can't see raised hand. So if Kristen say or mouth that could note a raised hand that would be great. >> Um I see some members of the public on
but nobody's raising their hand at the moment. So if you know if questions come up later on um you know Martha and Satie and I can handle them as well. Um but that's a great overview Ian. I you
know I think we all can say we appreciate the technical assistance MVPC provides and particularly on something like this where you have a view on what other towns similar to Newbury have done with inclusionary zoning. um places
that have had bylaws in place longer than we have. I think um we've learned a lot over the years and Newbury has been able to benefit from that kind of the fact that inclusionary zoning has existed for a number of years. So, you know, seeing what works, seeing what
doesn't. Um I think the board has done a good job tailoring this with your support towards the kind of housing Newbury is seeing most often. Um, and yeah, I hope the community supports this
going forward. And um, any questions, send them our way. >> Thank you all so much. Appreciate it. Always happy to join. >> Thanks, Ian. >> Yep. And thank you, Ian. Have a great night. All right.
>> You, too. >> Chris Kristen, if you could continue. Kristen. Oh, and before before I'm sorry to interrupt. Um, we have a public hearing for Sunset Club if anyone's here for that. That'll continue right after we're
done here with the recotification. Sorry. >> Yeah, that's great to note that. So jumping into the the kind of the general recotification phase two as we're calling it. I'm just going to provide a very high level overview kind of of the
kinds of things that are being changed in each of the articles. And I want to just there may be some confusion about zoning articles and warrant articles. As you know, if you've been to town town meeting, there are always articles on the warrant, but our zoning bylaw is
also broken down into articles which are kind of the general heading for each of each of the different categories. So, in this overview, I've provided both the article number and then the section number that goes along with it. Um, ultimately we will have four warrant
articles that will come out of everything that we're talking about tonight, but right now specifically I'm talking about the zoning bylaw articles. So the recottification for phase two will include, you know, some general administrative and housekeeping revisions, uh, similar to what what we
did last year. Um, for example, coordinating inconsistent terms. um big one this year um is building inspector is referred to as building inspector in some cases in some cases building commissioner. So we're changing that to be building commissioner throughout. Um
we've got some inconsistent formatting that we're changing and um just trying to make the whole thing a little bit easier to use. Um article one general provisions there were some major changes to that last year. Nothing is proposed
for this year. Article two um is the article concerning our different use districts or what we call our zoning districts. Um we've got some mismatches between the acronyms that we use for the use districts and the names of the
districts themselves in particular. Um we call the what's currently the agricultural residential district. The acronym is R A. So, we're changing it to to match and it's going to be the residential agricultural district. No change in in uses or anything like that.
It's just a name change. Uh locations of districts. Um some of the written descriptions are out ofd. They're referencing um fiscal year 13 uh assessors maps and things like that. So, we're updating that and making the
district's um some of the boundaries descriptions a little bit more consistent with each other, but there are no changes to the district boundaries proposed for this year. There's also an addition of a new section uh regarding interpretation of
district boundaries which um includes how to deal with lots that are split between two districts, lots that are split between mun two municipalities. We've got lots that that overlap Newbury, Newbury Port, Newbury and Georgetown, for example. So,
clarification on that. Um, and also making those interpretations consistent with our current building commissioner's practice. Uh, regulations of use districts. Um, there's a provision in there regarding principles only one principal structure
on each lot. The way it was worded was a little confusing. So, we've clarified that. uh the table of use regulations. There were two separate sections that refer to the table of use regulations. We've combined both of those and reorganized it just to make it more
clear and less redundant. Uh use regulations. There were some district specific applicable regulations which were actually a holdover from a very old zoning bylaw which was superseded when we did an update in in
2009 and I think one slightly earlier that are now redundant um given language that we included last year on special permit uh requirements and also uh redundant
with uses that are outlined in the table of use regulations. Uh, article four pertains to regulations of overlay districts on the water supply protection overlay district. Uh, we inserted some language to coordinate with the MBTA community's multif family
overlay district which was approved at town meeting two years ago. Uh, we've updated some outdated and incorrect section references. We had some references that that were referring to bylaw sections that no longer exist. Um updated procedures for
issuance of special permits in the water supply protection district. Uh Plum Island. Uh we inserted some language to coordinate with the ADU bylaw that was um adopted at town meeting last year. um clarify the
permitting for non-conforming uses and structures to agree with the current ZBA practice which issues special permits not findings for for these things. So, we've just updated the language to reflect that and deleted the provision regarding use variances um since no use
variances are allowed. Uh in the adult entertainment overlay district, um proposed change of the special permit granting from the select board to the zoning board of appeals. Um, we added reference to the special
permit criteria that we adopted last year and we relocated definitions from article 11, which is the administrative article, um, to this. We're trying to coordinate move all of the definitions
that are related to a specific section or topic to that section just to make it easier for people to use. Uh Ben Brefist um proposed change of the special permit granting authority from the select board to the zoning board of
appeals. Added the reference uh to special permit criteria. Common driveways added a provision regarding fire department requirements and large wind energy. Again, we move the definitions related to large wind
energy to this section. Um there's an asterisk here because there are going to be some additional pro uh revisions to this as part of the clean energy facilities article that I mentioned earlier. Article six um dimensional regulations.
Um we clarified made some updates to notes one and two. For example, the reference to the Great Marsh ACC was um I think it was it was an outdated reference. So, there were some incomplete sentences in there. And um we
added a note uh referencing dimensional requirements set forth elsewhere in the zoning um such as overlay districts and specific uses. Article 7, parking. We added some language referring to common driveway provisions in article 6, noting that
those are special permit. Uh coordinated parking requirements for ADUs and multif family dwellings with respective ADU and multif family uh overlay district bylaws. uh also coordinated with um site plan review and storm water management um
thresholds and re um made revisions to the lighting provisions to make them um reference dark sky compliance. Article eight signs. Um we also made revisions there to the lighting requirements um for dark sky dark sky
compliance and uh made a change to the provisions regarding temporary signs to align with the current procedures with the select board. Um article 9 which is special regulations which is specifically site
plan review. We made changes to site plan review thresholds. um to include changes that were approved previously to the marijuana establishments registered marijuana treatment centers and also added the MBTA multif family overlay
district which had not been added previously. Um there will also be some additional threshold revisions um proposed as part of the clean energy facilities article and there were some provisions regarding enforcement and penalty in that section which were
deleted because they're now included elsewhere in the bylaw based on previous town meeting vote last year's recotification vote. uh article 10 general regulations um provisions are updated and added
regarding non-conforming uses and structures and there will be some additional revisions proposed as part of the clean energy facilities article specifically getting the small wind energy moving that to the new new article uh article 11 administration and the
written definitions as we noted earlier um the definitions pertaining to adult entertainment and wind energy were relocated to those specific sections of the bylaw and there were updates to definitions related to open storage and
raw materials. So that's kind of the the general phase two. Um then the second part of this is looking at the table of use regulations and making some updates here. Um, one was description of certain uses and levels of permitting were updated to
agree with previously approved bylaw revisions. Um, specifically um, uh, accessory dwelling units and medical marijuana treatment centers. Uh, we're also proposing changing the special permit granting authority from
the select board to the planning board or the ZBA for certain uses. Um, and this is this is kind of for two reasons. one, these are really land use permits. The select board typically is more involved in in sort of the business
permits or host community agreements and that that kind of level um of permitting and this is also consistent with practices in in other communities. It's very rare that the select board is actually a a special permit granting
authority for use um land use purposes. Um and some of those uses um with the select board were hold over from sort of pre much older versions of the zoning. Um so specifically professional and
business offices changed to the planning board. Indoor and outdoor recreation areas, some of them were uh special permit by planning board, some was select board, all changed to planning board. Membership clubs to the planning board, assisted living life care
facilities to the planning board, rehabilitation residences to the planning board, congregate elderly housing to the planning board, electric power generation distribution to the planning board, and bed and breakfast to the ZBA. um also recommending changing the level
of permitting for certain uses in certain districts and it's not consistent um across the board but for example membership clubs in um certain areas they were allowed by a special permit
that seemed ownorous. So for example in business and light industrial districts it's changed from special permit to permitting permitted in Parker River Marine and Biffield Village business which are both denser it's changed from
permitted to um special permit and non non-retail bakery um that was not permitted in a couple of districts. We've now allowed that um by special permit. Food processing, distribution, and seafood processing and distribution. There was actually, I think, a mixup
between those two uses in the Parker River Marine. So, seafood processing and distribution is now allowed in the Parker River Marine by special permit. Um outdoor storage of raw materials as a primary use um is now
not permitted um anywhere in in the town. It needs to be um as as as an accessory use. Greenhouse or farm stand was not allowed in the Parker River Marine District. Um that's been changed to permitted and hotels and motel uh was
changed to be by by special permit. Um we've revised some some notes regarding district specific applicable regulations, overlay districts, and special permits. um added a note regarding mixeduse structures
and um there will be some additional revisions proposed as part of the clean energy facilities article. Um so those are the the overview of the changes related to zoning um recodification phase 2. I don't know if
you want to stop here and take any questions um or if I should keep going. whatever your preference is. >> Um it it would be great to see if it's a lot to digest. >> It is a lot.
>> Let's see if we have any questions from the planning board. Jane, when does the planning board have questions on what math has presented so far? >> Not at this point. What do you think? >> Okay. None here.
>> Very good. Um the members of the public, do you have any questions on anything Martha's gone through so far? Okay. Not hearing any comments. Go right ahead, Martha. Continue. >> Okay. Um so the next major change is the
creation of a new clean energy facilities bylaw. And this is being proposed to consolidate Newber's various zoning bylaws related to clean energy generation and storage within within one article. So that's small wind, large
wind, uh solar and um also to add a new battery energy storage systems bylaw. Um part of this is to bring the town into compliance with recent case
law regarding solar and battery energy storage. uh to align the bylaw with Massachusetts 2024 climate act um which reforms the clean energy project inciting permitting and streamlines processes for permitting
um kind of breaking it down into um permits that would be granted by the local municipality based on the size of the um project or state. Um so that our new bylaw is applicable to what they're
calling small clean energy infrastructure facilities which include solar anorobic digestion or wind facilities with less than 25 megawatts of capacity or battery energy storage systems known as BES with a rated
capacity of less than 100 um megawatt hours. So the amendments um include as I mentioned this new new clean energy facilities article um and the relocation of the large wind
small wind um solar and creation of the uh new battery energy storage systems, an update and reorganization of the ground mounted solar photovoltaic installations bylaw to align with new case law. uh specifically the Tracer
Lane case. Um and I'll just note that that that case has been very significant in terms of of solar permitting. Um it was a case that ruled that Wallfam's zoning ordinance which limited primary use solar to 1 to 2% of the town owned
industrial land was um not in compliance with Mass General Law 48 section 3, which is known as the Dover Amendment, which identifies certain protected uses. Um basically um
the it can't um unreasonably it can't prohibit or unreasonably regulate um solar or battery energy within the town. And then there'll be some related changes to the rest of the bylaw, table of use regulations, um coordinating
section references, um adding some threshold provisions in site plan review and other sections. Uh the groundmounted solar favic installations, our current bylaw um basically breaks it down by the size of the installation.
So, anything uh ground rotted solar that occupies less than a quarter of a a quarter acre of land is allowed as of right. Um installations between a quarter acre of land but less than 2 acres are allowed as of right but are subject to site plan review by the
planning board. And then anything two acres or more requires a special permit from the planning board. um the revision of the bylaw um consistent with the um climate um climate act and uh
model bylaw which has been developed um breaks it down into the the production capacity instead. So there are three categories. Smallcale groundmounted solar PV installations which are capable of producing less than 25 kilowatts of
energy and um just as kind of a size um benchmark. These typically take up to about 0.03 to 0.05 acres. Um mediumcale
groundmounted solar PV installations um are capable of producing more than 25 kilowatts but less than 250 kowatts and they generally take up to 2 to 1 acre and large scale um produce 250 kows
but less than 25,000 kilowatt and those are sized between 2 acres and 125 acres. Uh the purpose is not the not change from what we had before to provide a per permitting process um designed to
address public health, safety and welfare concerns, minimize impacts on scenic, natural, agricultural and historic resources and provide adequate financial assurance for the eventual decommissioning of these installations. Uh it's applicable to all ground mounted
solar PV installations um that are less than 25,000 kilowatts or 25 megawws. Anything larger than that uh goes to the newly created energy facility sighting board. Um and these do
not apply to roof mounted systems. Uh for as far as permit is concerned um all so the medium medium and large scale installations are subject to site plan review by the planning board. Small scale would be allowed by right and in
addition unless otherwise noted in our table of use regulations the medium and large scale require um a special permit from the planning board. Uh submission in requirements are same as before. Complete site plan showing
all the existing conditions, proposed changes, complete drawings of the solar PV installation. But one new requirement is a site suitability report. And this is part of the 2024 climate act um and the regulations that have been
promulgated in relation to those. And this site suitability report provides a framework for generating a site suitability score. Um EA is developing a screening tool. Uh it's a geospatial mapping tool which considers climate
change resilience, biodiversity, agricultural resources, carbon sequestration and social environmental burdens. Uh it's encouraging development of this energy in infrastructure in areas that are previously built,
previously disturbed and have low conservation value and also includes steps for the applicant to take to mitig minimize or mitigate environmental impacts. So that will have to be submitted for any of these installations.
Um other general requirements have not changed from what we had before. Still requirements regarding setbacks, height, a pertinent structures, design standards, safety and environmental standards, monitoring and maintenance, abandonment or decommissioning and
financial shity. Although this section has been updated um to be consistent with um the newer model bylaws um for special permits. um open also requires an open space and agricultural
impact report and the planning board must make certain findings in order to issue a special permit. Um the special permit criteria that are in um article 5 must be met and standards regarding
impact um on adjacent properties, character of the area, etc. Traffic and parking, natural, scenic, historic features, lighting and sound, and environmental impact, including tree removal are all still addressed in the bylaw.
So, that is it for solar. Are there any questions regarding that before I go on? If not, I'll continue with better energy storage systems. I have none. I don't hear any. And there's no raised hands. Correct,
Kristen? >> There's some. >> Okay. >> All right. >> Go right ahead. >> Okay. Thank you. So, this is this is a completely new um new section of our zoning bylaw. New a new article or not
article but bylaw. Um and the purpose is to regulate battery energy storage systems which are large-scale batteries used to sore electricity from the electric grid or from solar installations um to protect public health, safety, the environment and the
surrounding neighborhood. Um we have had some inquiries in town. People have been interested in in citing these in a couple of different areas. Um and currently we have no regulations. So the you know the purpose of this really is
to provide some some protections and some process for anybody who wants to site one of these in town. Uh under the bylaw there are three tiers of these these um bests um tier one are the small systems which are primarily
solar powered less than 250 kilwatt hours. They're allowed by right in most zones um except in the water supply protection overlay district where they would be requiring um a higher level of review and permitting.
Uh tier two are the medium systems 250 kilwatt hours to 10 megawatt hours. They require special permit and then the tier three are the larger ones. um from 10 megawatt hours to 100 megawatt hours. They require a special permit with
stricter sighting and safety standards. Um design requirements cover setbacks um particularly for the larger tier 2 and tier three which must be at least 50 yards from lot lines but 100 yards from lot lines abuing residential districts
or existing single two single two and multif family structures. their lot size minimums at least 10 acres for tier 2, at least 15 acres for tier three. Um, no best unit may exceed 15 ft. Um, no stacking of units, no
increase in noise levels at property lines. Um, acoustic study is required. Any lighting that's associated with these installations needs to be dark sky compliant and no light spill onto neighboring properties. and the tier two
and tier three best must be visually screened. Uh safety requirements and this is this has been a a um a major consideration for these installations um primarily
because of of potential for for fire. Um they must obviously meet all state building electrical and fire codes and be UL suit certified uh surrounded by 8 foot security fencing. um a paved emergency access road around the
installation of be supplied with fire suppression systems um PAS-free foam where available. Uh the applicant needs to submit an emergency operations plan uh with 247 contact information and if
there is an emergency or a call from the fire police chief, the operator must be on site within two hours. uh environmental protections in the bylaw. There's a spill containment layer under all tier two and three systems um
that must be at least four feet above the water table. Any failed batteries are treated as hazardous waste must be removed from the site within 30 days. Um no tier 2 or tier three in the water supply protection overlay district.
uh no synthetic pesticides or herbicides um for any tier one that may be located in the water supply district and tree and vegetation removal must be minimized. Um required a pre-application meeting um full site plan engineering drawings fire
safety operations manual and commissioning plan and liability insurance for the life of the facility. Um owners must file a decommissioning plan. Um, post a financial security, a bond or
escrow equal to 125% of estimated removal costs, which is updated every 5 to 10 years. If it's abandoned for more than a year, the town may enter the property and remove it. And the installation must be fully removed and site restored within 6 months of ceasing
operation. And the special permit transfers with the property if there's a new owner, but the new owner must notify the building commissioner within 14 days and formally assume all permit obligations in writing.
Um the change to the table of use regulations that will um pertain to these systems um is here. So small wind energy is currently permitted throughout the town and that would remain the same. Uh small scale ground mode mounted solar
uh photovos vote is also the same permitted throughout the town. Um medium scale solar PV installations would require a special permit in all districts except for the portion of the commercial highway district which is
located on Scotland Road and um the business and light industrial district. largecale solar, the same battery energy storage tier one is allowed throughout the town um by right but uh requires a
higher level of permitting in the water supply protection overlay district. Tier two battery energy storage um similar to the large and mediumcale solar special permit except in that portion of the commercial highway and the business and
light industrial and same with tier three. And these are note references um which refer to these notes which describe those areas where where they're um allowed by right
with uh subject to site plan review. And that is it for the battery um energy storage systems. So, finally, just to summarize, um, as Kristen noted earlier, um, following the public hearing or the end of the public
hearing, the planning board will vote to recommend the proposed zoning amendments to the select board for inclusion on the 2026 annual town meeting warrant. Um, we'll be proposing four warrant articles to cover all of these and one will be
the general recotification. Um then the revisions to the table of use regulations, the new clean energy facilities bylaw, and the new inclusionary zoning bylaw. Um there will be a separate public hearing for another
uh warrant article regarding the increasing the ZBA membership from three members to five members. And that public hearing will open on March 18th. Um the warrant for the annual town meeting will be reviewed by the finance
committee and the select board on March 24th. The warrant will be approved and signed by the select board on the 14th of April. And then as Kristen noted, uh annual town meeting is on May 5th at the Triton High School auditorium.
So any questions, comments and thank you very much for your attention. I know that was a a lot of stuff and it's very dense. So any questions for Martha? >> I'll stop sharing at this point.
>> Yep. And if um anyone from the public wants to ask a question, please raise your hand. >> Don't see any raised hands. Woody. Okay, it's been explained so well by math that we don't have any questions. Thank you
so much, Martha. That was a lot to get through. >> You're welcome. Everybody's just so overwhelmed that they're glazed over. >> No, the energies are appreciated from the entire team. Thank you. >> You know, you've done a nice job,
Martha, when no questions. >> Thanks. So, that all being said, and thanks again, Martha. Um, I would entertain a motion to close the public hearing for
the zoning recification inclusion zoning. >> You have a motion. >> Thank you, Pete. Do I have a second? >> Second. >> Thank you, Larry. Um, so I'll do a roll call vote. Um,
Pete, >> yes, sir. >> Larry, >> yes. >> Scott, >> yes. >> Steve, >> yes. >> And I vote yes as well. And thank you for all your hard work, Martha, and thank you for the presentation.
Um, we'd also have to I I'll also entertain a motion to forward the zoning amendments um to the select board for consideration at the 2026
annual town meeting. >> And so, >> thank you, Larry. Do I have a second? >> Second. >> Uh, thank you, Steve. Um, and that'll be a roll call vote. Pete, >> yes. >> Larry, >> yes. >> Scott,
>> yes. >> And Steve, >> yes. >> Thank you. And I vote yes as well. Um, moving on. Uh, next item on the agenda would be the public hearing continuence
for 2-8 Old Point Road level two site plan review application for asbuilt construction uh, constructed changes to the approved site plan of record and proposed new 40x40
pavilion structure at the Sunset Club at 2-8 Old Point Road. assesses map U02-0-1 153A owner the Cottages Commercial LLC Vincent God manager application
representative would be Steven Sawyer from Millennium Engineering um I'd like to welcome Vince here we I see Vince and uh if Steve's here I welcome Steve as well um would you like to would one of you like to provide had
an update on um where we're at since our last hearing. >> Sure. >> Um Steve couldn't make it again. He's at a uh Newbury Port uh in-person planning
board meeting. So, uh I'll be handling this. Um, I guess at the last meeting, uh, the planning board voted to have, uh, Kristen start on on a proposed, um, uh, document that that the board could
consider for vote. and uh uh I got a chance to review a draft of it um over the last couple of days and and I believe it's been sent to the board as well to review and uh hopefully discuss today any any comments anyone might
have. >> Okay, thank you Vince. Um Kristen, would you like to um share the decision and we can uh start there? >> Sure.
>> Um yeah, drafted the decision and sent it out to everyone over um before the weekend and I can bring it up. And if any planning board members have
any questions on the decision, just speak up. But go ahead. Krista, I'm sorry to interrupt. >> No, that's that's great. Um, however you all want to
if you have questions, we can just dive into questions or if you want me to kind of go through the draft just in order, we can do that. focusing on what you haven't seen before or what is um specific to this project.
>> Um >> well, >> so >> Kristen, is this a good place for me to um voice a couple comments or shall we wait till you get to specific items? >> Um
yeah, I I'm comfortable with anything. If they're general comments about the decision, it seems appropriate now. If they're more related to a specific um part of the decision, we can we can hold off whichever. >> Yeah. Well, it's probably a little bit
of both. So, if I may, Woody. >> Yes. Go ahead, Steve. >> Yeah. I'll say I have some reservations about the um the the mass of the structure and
the what I'll call the um obstruction of scenic views as seen from some parts of um the Plum Island Turnpike and Plum Island Center and coming down off of um Old Point Road as well as in particular
Sunset Drive and it's a major concern for me. In addition, I'm also concerned about the lighting. Uh I recognize that this isn't trying to be dark sky dark sky compliant, but I think um it's still
going to be lit up at night as you're coming down the um Plum Island turnpike. And I'm not sure I'm I think I'm also sharing concerns about overnight lighting on the property as well. And a final condition that I would
probably like to see added has to do with u I'll call it accessory flagging on the Sunset Club sign itself. There was some flagging there u you know a couple months ago since removed but the um piece of equipment that could be used
to attach flagging is still there. So, as we we can walk through the uh decision document if you like, but I just wanted to give the other members of the board a heads up. Um we may have room for further discussion when we close the public
hearing and the board is voting among it among themselves as well. At least I anticipate that. >> Okay. Thank you, Steve. And uh Kristen, if you want to start going through everything, that would be great. >> Okay. Um
here let me move it over here so I'm not staring away from you all. Um so the start can you can you all see that? Yes. >> Oh yeah. Yeah. >> Is it big enough? >> Yes. >> Yeah.
>> Okay. So this is as you all know a site plan um level two project. So it takes a standard format as any decision of this type. Um initially there's a description of the
project. You will see as I scroll through this some things in highlight that I just um are sort of notes to myself more than um topics for discussion tonight. So highlighting are things that um need to be just fact
checked. Um as you recall and Vince you certainly know well there were initially more than one tax parcel when this project was permitted originally. So, I'm just want to confirm with the assessors
what lot number and map number uh is is the address today and also is it still called 2-8 Old Point Road? I just wanted to double check those with other um colleagues. >> Um do you actually do you have a comment
on that? Yeah. >> Yeah. So technically it still is two tax parcels again even though the for zoning purposes it is one parcel. Um we condoed off for tax assessors purposes the the
house that sits on the property. So you will see there are two um assessors um but for zoning purposes it is one lot. So there there you you will probably want to add the second um um parcel that
that's on there. >> Okay, I'll confirm that um with the principal assessor. Thank you. That's helpful. Um so the description of the project um
what zones it lies in um uh related to zoning and related to environmental resources. And then the initial project application um listed these bullets in terms of what was
specifically being asked for for this um site plan. Um then the next section is procedural history and this also needs some factchecking. >> Can I interrupt for a second? >> Yep.
>> Yeah. Just that last sentence before procedural history looks incomplete. >> Um or am I not quite sure how to read that? Um, >> I think I think
I think the question is answered three paragraphs down. It's because the building inspector or the building commissioner required it. But >> yeah, thank you. I think I probably uh don't need that sentence alto together, but I appreciate flagging that because
as you said down here in this paragraph, it talks about um why the uh level two application was submitted. So yeah, I think this can probably just be deleted, but I'll double check that and
pull it into the history of the procedure. of the review. Um so related to that and again just thank you for your understanding that this is still a draft. Um
uh there's a little bit of a complicated permitting process with the other boards. So again, I just need to talk with my colleagues in the ZBA and the um conservation commission to get the details. So that's why this is flagged
right here with the note to check um the permits and the dates um when other uh boards reviewed and approved um components of this site plan review specifically the pavilion structure.
Um so we will include the factual uh sort of chronology of permits that have been um received for this project. Um any questions on that? The rest of this section still a little bit in draft
and things are flagged but um we will talk about specifically when this application was filed with the board which was last May. Um it was transmitted to um uh colleagues here in
the town offices for comments and recommendations. The board open the public hearing. It was um noticed to the abuters. So all of that um chronology of the initial application submission and
review will be fact checked. Um and then um as this decision gets finalized, we'll put in the the final dates here and when the hearing is closed and um a decision was
voted on. >> Uh Kristen, again, if I could make a comment, the in that paragraph, that first paragraph, the date January 7, 2025 should probably be 2026. >> Yes.
Thank you. Great. Um, okay. So, the next standard section of a decision is the submitted materials and information
list of all um the materials initially that were submitted as part of the initial application and then consequent um materials that the applicant has submitted. um to support questions the planning board had um
specifically some of the renderings related to the pavilion. Um how it will look um from publicly accessible areas, how it looks relative to other structures um abuing on the roads. Um
we had a couple versions of those sketches and renderings and then um additional lighting information was submitted and there was a storm water technic review um by the town's peer review consultant Joe Swatka with a
series of letters um back and forth with the applicant and um Steve Sawyer the applicants engineer. Um, and then we had um some support from our special projects planner u review of lighting which was um a a letter submitted to the
planning board to um support your review of the lighting and how it um I'm sorry to continue to interrupt you but I don't want to forget it. If you go back to item number six again there there's a date uh correction that needs to be
made. um draft plans uh etc. dated 424 what is that 20 25 maybe? >> Yes. >> Great. Thank you. >> Yeah, I'll
I'll make the date format consistent so it's easier to track of where we are. That's helpful. Okay. Um there were no waiver requests related to the site plan submission. Um findings
we reviewed at the last meeting. So unless they're specific questions related to this, I might just go straight to the conditions. Um does anyone have questions related to the
drafting of the findings? Just on item H, Kristen. >> Yep. >> Um, let's see. The >> specifications for
I'm sorry, I meant capital H items um C and D. Um um I'm on I'm sorry. I'm on page six. I'm probably getting way ahead of you. I'm sorry. >> Oh, that's okay. We're we're almost there. Yeah, we'll get to the capital letters.
>> Yeah, right now. >> I'm sorry. I got ahead of you. >> That's okay. >> Well, Kristen, under findings, uh you know, there's mention of um see trying to Can you move it up a little bit? >> Yep.
Is that good or >> that? That's good. I just want to reference section F and it's the one that's down there a little bit further about the exterior light fixtures minimizing light pollution
using dark sky. I mean those I just want to flag those as findings that I have concerns with and don't necessarily agree with. as I said at the beginning of your presentation.
>> Um, >> so I just wanted to make sure that by not if I said nothing, it might sound like I was okay with the finding and we may discuss it some more. >> Sure. Yeah. Um, I mean, dark sky compliant is a
technical term and and the fixtures the applicant has proposed to use our compliant, >> dark sky compliant. Um, I I think your question is probably related to whether they
minimize the light pollution to the degree that you uh are comfortable with. >> Right. And I I acknowledge that uh certain standards may be meant to be dark sky com dark sky compliant but I'm
thinking about the project as a whole needs to consider you know sight specific um considerations about where it's located in what is largely a residential area coming onto Plum Island
and sight specific considerations of being on Plum Island may mean in my opinion that the dark sky compliant um standards may not be as applicable at this site given you know what it's going to be like as you come over the bridge
and you're seeing a structure which you know is lighting up the area beneath the footprint of the structure and so too just the u mass of the building and how that impacts the scenic views of um which is has to do with
condition F and that again the sight specific concerns are um ones where I find myself not agreeing with statement number F as well. >> Thank you Steve. Um,
>> anyone have any questions so far on this? So, we'll go to the capital letters conditions of approval. All right. Hearing none, Chris, go right ahead. >> Yep. And we can go back to anything. Um,
>> yep. So following the findings, uh the standard section is to give further um specificity around actual conditions related to this
decision. Um these first couple are uh standard in most decisions. Um the site the approval by the planning board shall not be construed as approval from any other board. Um I talked earlier about
referencing other decisions that have been made. Um approval in letter B is contingent on final approval by all other relevant boards. Any approval uh uh any new approval from another
board will require a revision of the site plan as well. So, and that would need to be submitted in writing back to the planning board. Um, so any future changes or um uh updates to the site
plan would come back to the planning board. Um, letter C uh addresses the actual construction of the new pavilion. Um so notification prior to construction
shall be provided to the town including the planning director, the conservation agent, the building commissioner and the police chief at least 2 weeks prior to activity. A construction schedule including days and hours shall be approved by the planning director and the police chief and shall include
coordin coordinate coordination so as not to impede vehicle or pedestrian traffic or access to any abuing properties. So I um will definitely review this language
um with my colleagues as well as with town council to assure that this makes sense. I I just wanted to be sure that we acknowledge the location of this parcel being on, you know, the gateway to the island um related to when the
work gets done and giving, you know, appropriate notification and safety um standards to when that work happens. assuming the decision is approved. >> Yep. >> Yeah. Uh Kristen, this is Vincent. Um I
just wanted to give you a little more color on that because I've had a chance to talk to the the pavilion company that that makes these and and they they bring in their own crews to to put them up. And uh in the discussions with them, they they would mobilize in the existing
parking lot and and be able to do everything on site without having to to kind of spill outside of the site, at least what they've told me. And it's it's about a uh 3-day job to kind of erect the kit cuz it comes pretty much
in all its pieces and then they just kind of put it together on site over about 3day period. So, at least what I've been told is it should stay fully on site and and just within the parking lot area. >> That's helpful. Thank you.
Um, so limit of work related to what was just shared sounds like it'll be on the property, but um that's consistent with language that's generally um I'm imagine was also in the order of conditions related to their
approval, the conscom's approval. Um >> Kristen, quick question about item D. >> Yep. >> As I recall, the original uh special permit talked or approval for the
Sunset Club, you know, several years ago had a condition about how, you know, this is what we're approving and if there are any changes, you need to come in and let us know about it before you make any changes. So, and I'm thinking of the merchandise
shack, which we're, you know, working on now, that was brought in without prior notification and approval of the planning board. So, does that condition apply to what we're talking about with the pavilion that you if any other
changes occur? They the applicant needs to come in and talk to us before they make make them or is that condition from three or four years ago going to apply to this project as well, in which case we don't need to say anymore?
>> Yeah. Um, no, that's a good uh good recollection, Steve. And it is also um the way this is drafted includes that in letter S down here. Uh no modifications shall be made without prior approval of
the planning board >> and requests shall be brought. Um >> thank you for that. Thank you for that. I'm clearly not remembering all that I've read before, but there it is in number S. So thanks. It's >> okay. We got a big alphabet here to get through. So no worries at all. I had to
look for it. Um okay we are uh letter F I believe or E um the planning board can enter the site during
the duration of the site plan approval to determine compliance. Um letter F construction inspections as needed may be carried out by an agent designated by the planning board. Um in some cases
this would be the peerreview engineer. Um the letter G has specificity around the um pavilion itself. 40x 40 ft
constructed of wood wooden louvered panels painted gray to complement the pavilion post and exposed uh roof truss. The gable ends of the pavilion shall face east and west. The louvers on the gable ends will be configured
horizontally um to allow for air flow and maintain a sense of openness as vehicles and pedestrians pass uh still providing the sun and rain protection necessary for the pavilion to function as intended. Um this language
is actually consistent with the zoning board of appeals approval. So, um, may be familiar to some of you on the meeting tonight. Um, and again, making sure that the decisions that have
been made by the boards for this project, specifically the ZBA special permit, um, address all of these issues. So, we are staying consistent.
Letter H. Um, lighting. We talked about this quite a bit at the last at the plain words last hearing on the project. Um, so this is intended to be a summary. I certainly um want
everyone to read this carefully, including the applicant. Make sure this is consistent with what um you have proposed. Kristen, if this is a good time, I have a couple of comments on items C and D.
Um, I assume it's the intention. Uh, for example, in C, the restaurant's illuminated sign will be illuminated during business hours. I assume the intention is only during business hours. Um, is that correct?
Was that your intention there? Um, I don't know if the planning board talked about that, I guess. So, it's I'm glad you brought it up and we should clarify. >> Yeah, that the same thing with with item
D. Uh, it was my understanding that with the exception of some lights for for safety, uh, everything uh, >> when the when the U restaurant was closed that the other lighting would be shut down. But under the beastro lights under the sales, remind me what what
does that refer to? >> Um, this was in the submittal from the applicant. So, I think I would turn to Vincent to answer that. >> Yeah, I I think um a little bit of a typo and it was probably because I I think I had it as a typo in mine. Uh,
it's sales s a i ls. Uh it's the it's the kind of um shade sails that sit over the the main seating area um that have the beastro lights and and yes it is the intention. Yeah. So just so you know
that for Cindy it is the intention and it's what we propose that >> um the illuminated sign as well as the beastro light being illuminated only during business hours. >> Thank you for that clarification. I I thought that was the case.
And then just one other point in in a small typo and in item F where it says mounted beneath two pavilion roof. I think that should be the pavilion roof structure. >> Yep. >> Thank you. Those are good catches.
>> Okay. Any other thoughts on lighting? Yeah. >> Any other questions? >> Uh, have we got any good representation of what the safety lighting would look like? Because if it's on after dark when the
business is closed, I'm trying to imagine how much lighting do we need as opposed to putting uh, you know, a chain across the entrance way to the parking lot. both egress and ingress.
>> Um, part of the issue with the chain is and we've had is it also it creates an issue potentially with the fire department and and being able to access the site. >> Um, but it's not so much necessarily for if we chain it off and maybe that keeps
vehicles off of it. It's more people walking through it as well as employees leaving later at night. um feeling safe walking out of there and and having adequate light for you know trips and falls and and just general safety. So it's not so much just keeping
vehicles out as as as um just creating a safe environment for people to walk >> through. Yes, certainly. I can appreciate we want the employees to be able to walk out without uh encountering a tripping hazard and like
uh when maybe we could put a timer on the u lighting so that it would go off, you know, an hour or two or two and a half hours after the uh the employees are done doing their cleanup and able to uh move on to another place.
Um I >> I mean the lighting we're talking about in the in the parking lot specifically, I mean it wouldn't even be seen from the road. Um and and the little bit of lighting along the the path is I mean you won't even be able to see it compared to the rest of the lighting
that's on the road from the other light. I mean we're talking enough just to illuminate not being able to see the ground and not not trip on items. this isn't there's no pollution you know extending beyond the property for this and it's been it honestly part part of
my concern about is also is just I was advised in talking to my insurance company that that I I do need to provide basic lighting uh for liability purposes >> okay thank you >> there's a raised hand you w
take >> um please identify yourself and uh ask your question and comment pertaining to what's been discussed so far. >> Thank you. >> Thank you. Chair Eric Von 14way ZBA chair. The Massachusetts state code um
building code requires a minimum of one foot candle for egress path lighting. >> Thank you for that. fact. Anything else, Eric? You're good. >> No. Nope. Just >> All right. Thank you, Eric. Very much.
>> All right. If no one else has any questions on what's been discussed so far, we'll continue. Kristen, please. >> So, this um letter E is is accurate and complete to everyone's satisfaction.
ingress egress lighting including small lights on the fence of the parking area will be maintained for safety purposes. >> Well, Christian, just to clarify, uh maybe we can ask Eric, u does that Massachusetts code allow for
effectively a timer? So, it's or does it require that the lights be on all night long? I'm thinking back to, you know, a timer that would shut off after a couple hours. Chair, if I may. >> Yes, go right ahead. Yes.
>> Thank you. Um I think the intent as as Vincent said is that if people are crossing or um the unexpected that a one foot candle at a minimum just provides a level of safety for for everybody. Uh they you know the it has to be on the
ground level. So that the lighting for that purpose could be fairly fairly low and fairly screened. It doesn't have to be on a a light pole. It could be something else that's um fairly low to the ground and and really just putting the light on the ground.
>> Okay. Thank you for that. And Woody, may I beg your pardon for making that mortal sin of directing a question to one of the other uh participants rather than having the question go through you to Eric?
>> No, that's fine, Steve. Um it we're as a planning board and Eric's here. He provided some information and it's fine. Everything's good. And if Kristen you want to go and that would be great. >> Letter I um was discussed during the
public hearing related to um signage. So there shall be no signs, flags, kites or banners hung from the pavilion. The sides of the pavilion shall remain open at all times. No side flaps shall be
allowed. Um, letter J as shown on the site plan. There shall be two removable storage caner containers located on the property which shall not be permanently installed on site but removable in times of
flooding. The 8x 20 container trailer is to be used for storage and sale of restaurant merchandise um and shall have no other items sold. The 30x7 removable container shall be for storage of restaurant furniture and
supplies. Um, do we need these are the uh removable storage containers? Did they do we need to capture that they need to be in blocks and and if already stated in there?
>> Am I overlooking it? Go ahead, Vince. Uh Woody, that that was uh addressed in the um conservation board that they did require that. So that is in that um approval when when when they approved it >> caption >> that it had to be raised.
>> Okay. >> Yeah. >> So um it's it's in conservation document so there's no need to reiterate it here, I guess. All right. Thank you and thank you Vince for that. I know it was stated before and um I just didn't know if it
needed to be on here or not. It was more asking of a question, but if um it's captioned in the conservation because it is a conservation issue, it's it's a moot point. I I'm not uncomfortable making sure the
language is consistent with how the concom order conditions um stated it to stay consistent with making sure that the boards are consistent. So I can certainly check that with Mason.
>> Okay. Thank you Kristen >> and Woody. Uh do you know if the con um you know required a plan and that it's one thing to say these uh sheds can be moved in times of flooding
but should there be an expectation that someone one of the boards or whatever also received a plan on how that was going to be accomplished uh and whether that plan would have required or already received approval from say the fire
department or the police department or the emergency responders when we've got flooding going on. I know I don't think you're seeing a a plan, but maybe we should might inquire whether there is a plan that other boards have seen.
>> I know that it was under peer review through conservation with Joe. We went on a sidewalk with conservation. So, I'm I would assume it was captured in a plan, but I don't personally recall, but I believe it was all captured and
calculated with Joe's review through conservation. Are you using the word plan as in terms of site plan or like a like an emergency management kind of plan or >> probably emergency um management kind of
plan that um you know whether it was what 18 months ago when last time we had a good flood down on the island. Um, if a decision was made, how was the decision made that
the sheds and for that matter the mobile kitchen need to be moved and who's going to do what? So, it's it's an emergency management plan. I as you asked. >> I don't know. um incentives.
>> I'm not aware of an emergency >> management plan. I don't know if and if still on maybe they did it through ZBA, but um I know that the there was just a the buildings had to be removable in
case of of active nature at some point here. I do recall that. But >> I can I can look at >> I can I can >> go ahead, Vince. >> I I can jump in. Um there there was
never a a actual specific um what you would call plan. What we've done is we've had discussion. We have a a number of people that we know that have um um large trucks or bobcats available on the island that that uh and actually we're
in the process of looking to purchase after this uh snow season a bobcat ourselves that would have the capability to to raise those um if needed. Um and and we have adjacent property that is
outside of the flood zone. But in past events, the water has not come um to those containers and it and it hasn't been anywhere close to while while some has gotten onto the property, it has not come close to the actual
containers. >> So Woody, if I could. >> Yeah. Oh, yes. Go right ahead, Pete. It's interesting because, you know, I think this was all kind of assumed by the planning board that there was there was a contingency plan or a plan uh for the for this in case things needed to be
to be moved. And I'm not sure if that falls under our wheelhouse um or I wouldn't fall under conservation. Um, I don't know if it' fall under ZBA, but if there were to be a significant flooding uh situation, uh, how would it
how would it be mobilized? And I don't a bobcat could live lift, and I don't think it would be able to lift the buildings that we're talking about unless it was a very large bobcat with a lot of counterwe. Um, so you need actually a large machine to to lift and move. um not expecting that type of a
flooding situation, but if we're talking about it and we're one of the reasons that we're we've put accommodations into our condition, then it's almost as though there should be some sort of reference to how that should be activated. And I don't know what that
answer is, but since we're discussing it, uh it leads to the path of it should go somewhere. And >> thank you, Pete. And I do recall at one point maybe Vince was Vince or Steve was mentioned uh ramp trucks. So that they
would be moved by a ramp truck. But um >> yeah, the the the the containers that like as an example, the merchandise shack when that was raised to put on um um to to move it off the ground a few
months ago, that was just a bobcat that was able to lift it cuz it's literally been gutted and there's just nothing in it. um uh it really isn't that particularly heavy and and what we're going to have for storage sheds um you know if you if you take the stuff out of it those sheds themselves are actually
very very light. Now the kitchen would be a bit of another story that would require something a little bit larger. Uh there's a company in Salsbury that that actually did the initial install of it um that we have had discussions with in the past um that that would be
available um on an emergency basis. They've told us we've never had to make that discuss have that discussion with them, but when they did make the the installation that that was something that um we did ask
them. Um, but we've never had to make that that call. >> That That's great, Vince. And so I think if you maybe just put some some sort of plan together, make an administrative complement that can fit into this, that would be great. Thank you.
>> Sure, we'll do. >> Uh, Pete, you broke up. Will you say that again? I didn't hear what you just said. I'm sorry. >> No, I'm sorry. Uh, what I Sorry, Woody. What I said was, um, that sounds like a great plan to to put something in place
that Vince can have, uh, documented and it can be to kind of fall into an administrative component of this decision. >> Okay. Thank you. I'm sorry you broke up in the middle. So, thank you. >> Go ahead, Steve. >> Woody, if I may, I think Pete's
suggestions is a good one. uh uh in thinking out loud uh let's say the merchandise shack got flooded before it could be moved. That would be unfortunate but perhaps not um something that would really be result in
an emergency firsthand. And I'm wondering whether we should also ask for ask about um and some of you were on the planning board back when when the first approval was given for this pro for the Sunset Club project. If uh flooding is a
concern, do we also need to have the same thinking apply to the kitchen? And I realize the kitchen is not part of uh the permit that's being discussed right now, but it seems to me that that might be something we'd want to loop back to if we're going to uh talk about having
some discussion about contingency plans. And right now, as I understand it, this discussion the the mobile kitchen emergency response hasn't been u shall we say documented. Maybe this is an opportunity
to do it or to go on our to-do list for other things down the road. >> Um Vince, if is that something you can capture into the merch shack as into the administratively into the M shack as well? Uh how the
>> that was my plan was to address all the the movable structures. So that that'll be included in the plan as well. >> Okay. Thank you. Is that satisfactory, Steve? Sure is. Thank you. >> Okay. Thank you. If there's no other
questions from uh plan board members, we can continue person. >> Sure. Um let's see. >> I saw you tackled the notes. Yeah. So that's great. Sorry. >> That's okay. Yeah. So um letter K. Uh
exteriors of the merchandise shack and storage containers shall have no signage. um that's already been enforced by excuse me um through the signed bylaw by the um
building commissioner. I I know we've talked about removing the name of the restaurant from the merchandise shack mural. Um, I know I think it was last summer that that was on a part of the
public hearing discussion. >> Is is that something that's been removed at this point? Um, Vince, or is that still there? >> No, we were waiting for just the final kind of wrapping everything up before just to make sure that what we were planning on doing and what
we had shown was was approved. Um, that is something that'll definitely happen. as soon as the the snow melts and and we can get the artist out there to kind of cover that up and and and modify it to remove the the restaurant sign or
restaurant name on there so that it is no longer signage. >> Yeah. It becomes a mural. Okay. >> Yeah. And Woody, I don't know if that that might need to take place on the the garage building as well. >> What was the original garage? Yeah,
because I think there's a sign on the top of that as well. Is that is that something that still exists as well? U Vince, >> uh I believe the sign on the garage was an approved sign by the building inspector. The ones that we were
addressing were on the storage container as well as the kitchen container um were the ones that he brought up that needed to be uh removed on both sides of the kitchen container. >> Okay. Thanks for the clarification, Vince.
Yep. >> And um I understand weather permitting is this I guess this is a question for Kristen. Um, is do we do we have to take any action for this
or is that something that we can just take uh Vince's word for it that it'll be removed as soon as he can get someone out there to do it weather permitting or is there a way to capture that in this decision?
Um well I think um so Peter's the enforcement officer so he I can certainly talk with him about assuring it's done. >> Okay.
>> Um I think the way letter K is written now is if it's not done it's a violation of the decision. >> Okay. In the future. All right. Thank you. I'm sorry. I just wanted to make sure that everything's addressed. Yeah,
that's all. >> Yeah. >> And thank you, Vince. All right. We were under what? K or I I >> um let's see. Hi, J K L. >> Oh, L. Excuse me. So,
um I had a little bit of a question in my mind as I drafted this whether things that were conditioned in the original decision needed to be um repeated. Um
they still stand that decision is not you know there's nothing null and void about the initial decision. So I think legally they don't need to be repeated. But um I just kind of put this as a placeholder related to the hours of
operation. Um particularly with the new pavilion um it may be worthwhile naming what those hours are but I haven't had a chance to look back at that. Well, would if I could what he one one approach Kristen
>> uh might be just a a a short sentence or uh in there to the effect that uh uh except as modified herein the terms and conditions of the original site plan approval of 2021 probably put the date in are ratified and affirmed and shall
remain in full force in effect something to words to that effect. Oh, you got to read it again, Larry. I liked it. >> Okay. Um, except as modified, except as specifically modified herein, the terms
and conditions of the original site plan decision dated blank 2021 are ratified and affirmed and shall remain in full force and effect. And then you probably that the the first sentence of that L is probably redundant
then. >> Okay. Um that works for me. Is there any discussion about that? >> We're missing the F in of
after conditions. >> Okay. And then if Larry if you want to read it if that's what you just said in terms and conditions of the original decision I would put in the date of the decision. uh I know it was 2021 but whatever the
>> you know the uh whatever the actual date is ratified and affirmed and shall remain in full force and effect. >> Okay. I I think I think that would address your concern about that and make it clear that we're not except for any
modifications made in this decision. The other decision stands as drafted as written. >> Thank you, Larry. >> Your wisdom on that was great. And >> um the only thing missing from that,
Kristen, would be the actual dates. So that's just so you have a side >> is are you going to have town council review this as the form Kristen? >> Um yep as I mentioned earlier there are a couple specific things but I know the
planning board usually requests that. So I I did want to make sure we talk about that tonight. >> Yeah, I think that'd be a good idea. Um, okay. So, letter M may
uh so currently it's written tables and chairs shall be moved beneath the pavilion as needed for use. Oh, a little redundant. Um, as needed for use for sun or rain protection. There shall be no additional
chairs, tables, or other furniture installed beyond the seating approved by the 2021 decision. Um, a little redundant relative to the language we just added. Um, but I know
this was discussed during the public hearing. So, um, open to any feedback on this one. I think it's good and should remain. It captures previous decision site decision. So
speak up if anyone else has anything to say on it. >> Um letter N. Parking on the property shall be accessories solely to the proposed not proposed solely to the restaurant use and shall
not be used for any other purpose. I believe I that was language from the first decision and I know it's been talked about during this hearing. So again, I'm just sort of
bringing it forward for discussion. Yeah, Kristen, I have mixed emotions in raising this. Um, I happen to be a member of uh PETA and in talking to PETA uh managers and the
like, it's my understanding that though there's probably a benefit for Peter, uh, Peter is being allowed to use the restaurant when it's not open for additional parking if they need it for some reason. And
it's not something I really want to push on, but I just want to note and see if the board has any comments on that. That um Peter being allowed to use the restaurant parking in some instances when the restaurant isn't open.
>> I don't I don't see a problem with it at all. I think it's just neighbors helping out neighbors. Thanks, Steve. Anyone else otherwise continue Kristen? >> Well, so we are striking this.
Well, there were discussions in the past and Vince uh clearly stated that he wouldn't have beach parking in his restaurant parking lot. He had the cottage up the street for some of that. So, I don't
I don't have any comments either way and I respect what Peter just says in times of events they're neighbors and neighbors. But I don't know. I guess that might be a question for Larry is if that fits in there and if it should
stick. >> Well, it's, you know, it's really up to the board as a whole. I I don't have any strong feelings about it one way or the other. Um, I guess probably the the the concern would be that if you're using it as
beach parking um during normal business hours, where are your customers going to park? but on the street, you know. >> I I recall that, Larry. And I do recall like uh p parking for a fee, using the
restroom pocket for a fee. I remember that being brought up in the so I just don't know how it's supposed to be worded and if it should be stried or or amended to what it says now. I'm not
>> I I mean I imagine that the the owner would have a an incentive to reserve the parking for their customers. Um you know the restaurant customers, but uh I don't know. We've had discussions
in the past and I think Vince also and correct me if I'm wrong Vince, but I think Vince also said that if there was a a situation where they needed more parking for the restaurant, they could use the parking up the street. So, yeah. >> Um I just don't know.
>> If you want me to just jump in there, I mean, we we don't use it for >> we don't use it for for for beach parking. Never intend to. So, if you wanted to have that specific language in there, um you know, the the the the store down the street's approved for
that. On top of that, I mean, from the zoning language, um we're not allowed to charge as a commercial parking lot as our use. So, it's already kind of, I think, addressed with with the fact that it is not an approved use. while
like Peter's mentioned, help letting our neighbor, you know, because there's a a funeral or something and they need some extra parking for for an hour or two, if we're not charging them is not considered being a a commercial parking lot. It's just no different than if I
own the house next door and said, "Yeah, you can, you know, you can have a few people park in my my driveway." >> Shall not be I'm sorry, Vince. I didn't mean to speak over you. How How about it just shall not be used for paid parking? Something like that. >> Um I saw she was plucking something in
there for commercial use. So that would that cover bait pocket? Well, you want to put bait pocket in. >> That's up to the board. I just I uh
>> Yeah. Parking shall be accessory >> to the restaurant >> to the restaurant use and shall not be and shall not include beach parking or other
paid parking use. How's that >> sound good to you? >> Yeah, it seems great. Okay. I think that's better than what was there previously. >> It addresses the um that issue. >> Yeah.
>> And then that way neighbors can still be neighbors. >> Yep. And let me add, I um, you know, in full agreement with trying to promote good neighbors. And I raised the issue in part just so that we're all clear about what's allowed and what isn't allowed so that we don't get a phone
call or or someone says what's going on seeing a bunch of cars in the restaurant parking lot when the restaurant isn't open. You know, that way everyone's in the clear and we have an understanding of what's up and allowed and being good
neighbors and being good planning board drafters. >> Well, I'll have a tooth in it tonight. See? >> Yep. All right. Um, if that's word it correctly and makes sense, we'll move on. Kristen. >> Okay.
>> We're getting there. Letter O. Entertainment shall be permitted pursuant to the enter entertainment license issued by the select board. I think that's an annual process. Is that right? Yeah. >> Um
letter P, bike rack shall be located near the restaurant entrance to provide use in relation to provide safe use in relation to vehicle traffic. I'm just I feel like that's probably unnecessary, but it is a change on the site plan to
where it was located previously. So, um figured I'd put it in. >> It captures it. I have no problem leaving that if everyone else is fine with it. Um, landscaping and rain gardens shall be maintained and managed according to
the consom approvals for the sensitive dune and ACEC conditions. I can I will spell that out. Um, and to enhance the appearance of the property. I think on our sitewalk we looked at um
some of the changes from the original site plan about the plantings. Um, so I wanted to just capture that. >> Very good. >> And then we're sort of into the boilerplate.
Um, R, S&T, and T are found in most decisions that I've read. Um, letter R is recording of the certificate of the town clerk and the decision at the registry of deeds shall be required prior to the issuance of the building
permit. Um, letter S, no modifications, well, we talked about this one previously. Modifications shall be made without prior approval of the planning board. Um, and site plan approval for this project shall lapse after two years from
the date of issuance. Unless >> you know request for extension >> um if I may that um um section L that we dealt with you know the language about accept as modified the prior decision
stands. Um that type of language generally goes towards the end of the document. So, I would move that and put it between S and T. >> Okay. >> Okay. Thank you, Larry. >> I'm not sure how you do that, but
Christian, there's all the buttons there. >> I'm going to just put a note and not >> have you all have to watch me play with formatting. John town council will look at it and if she's satisfied with it,
I'm sure fine. >> Yep. >> That's it. Decision page. >> Okay. Um, any planning board member questions before I turn to the public?
Okay. Do we have any public Oh. Um, do we do we entertain questions from the public about the decision, Kristen? >> No. >> No. Okay. Very good. Um, sorry for that
confusion. Um, is everyone comfortable with this decision as amended here? >> Based based on the fact of review of Tom House. Well, do we need to see a final document
to vote on or if we're going to vote tonight? I think you can tell I have reservations. Well, what I might suggest is that we vote tonight and subject to any uh u modifications by town council, we would
we would proceed with this draft. I'm comfortable with the draft as amended. Um Larry and Scott, you are you comfortable with that? >> I I am.
>> Yeah, that that that sounds like a good plan with with town council. >> Okay. And would you like a motion to accept the draft with the uh input from town council? Yes, I'd entertain Pete. I would
entertain a motion to approve the level two site plan review application for two-8 Oldpoint Road contingent on Tom Council approval. >> You have it. >> Thank you, Pete. Um, do I have a second?
>> Second. >> Thank you, Larry. Um, we'll go to a roll call vote. Peter Pos. >> Yes. Larry Murphy, >> yes. >> Uh, Scott Ker, >> yes.
>> And, um, Steve Manian, >> no. >> And I vote yes as chair. So, that has it at that. Um, Vince, good luck with everything. And I'm sure you and Kristen will be in contact. And we're going to
send it off town council for final approval. >> We also need to close the public hearing. >> Oh, yes. We didn't public hearing. That's why I was confused earlier. I apologize. Um I'd entertain a motion to close the
public hearing for 2-8 Oldpoint Road um the Sunset Club. >> Well, would he if if um if town council should make any substantive changes, wouldn't it have to come back to us?
>> Oh, yes it would, Larry. That's a good point. Um Maybe we should continue the public hearing one more day and get a final >> so we can, you know, look at the final decision and then close the public hearing at that point.
>> Okay. So, we'll send this off to town council. I'll entertain a motion to continue the public hearing to >> Sorry, I I just you you already took a vote to approve the decision.
uh following town council review. So I think you need to modify your vote if you are changing it and subject to any uh substantive changes.
>> Okay. Um Larry, you expressed the the concern that if there was a concern that needed to be addressed with the decision by town council that we'd have to review it. So, um, to modify this because we voted to
approve it based on town council review, um, I would entertain a motion to continue the public hearing to March 18th so that the decision can be reviewed by
town council and for approval on the 18th. Okay. Um, and to Kristen's point though, do we have to do we have to revoke the earlier approval? I'm not sure. >> Okay. And now I'm having trouble with
the verbage. >> We're in a procedural quagmire here. >> We forgot to close the public hearing so that we could discuss the decision, I believe. So, >> that's where I got confused earlier and asked the public if they had any comments.
If you would like to, Larry, please. Um, if you would like to make a motion for the verbiage, I would enterain motion. >> I'm sorry. The motion to what, Woody? >> Um, entertain a motion with the correct verbiage. I would entertain your motion.
>> Okay. Um, trying to think. >> Well, >> I think you would you would like to amend my motion. >> Oh, there you go. May maybe you might want to amend your motion, Pete. >> Uh, I would amend the motion that um
the draft decision will be finalized after review of town council. >> I'd second that. >> Okay. >> Roll call vote. Pete, >> yes. >> Larry, >> yes. >> Scott,
>> yes. >> Steve, >> yes. And I vote yes as well. Now we entertain a motion to continue the public hearing to March 18th. I'd entertain that motion.
>> I'd move to continue the public hearing to March 18th, 7:15 p.m. via Zoom. >> Uh discussion before we get there. >> Yeah. I I just want to check to see what our schedule looks like on the 18th
because I if I remember correctly, we have a pretty full docket that night. >> Um well, we can consult with Kristen on that. And keep in mind that maybe this won't take a lot of time if there's nothing substantial
push back by town council, but I'm willing to hear. >> Um on the 18th, you have two other public hearings. You have the um zoning amendment related to the ZBA membership
and um which is new and you have the continued public hearing from 15 Central Street subdivision. Um and yeah, there are a couple other old business items on that agenda. >> Okay.
Um what's the failing of the board? Should we schedule it for the 18th or would you like to move it for another two weeks? >> And my only other concern is whether legal whether council will have time to do this within this week. >> That's the only other concern.
>> I do have time with her on Monday. So I I would I would lean towards the 18th. Okay. And if it's if we don't have it, >> we don't have it. >> Okay. >> It's a quick vote to continue. But um I
think I think it's in good shape based on our discussion we just had and uh and hopefully the time I can have with her next week would have it ready in time for a final review before the 18th. >> Very good.
>> Okay. Sorry for all the confusion everyone. I would entertain a motion to continue the public hearing for 2-8 Old Point Road to um March 18th. >> Make that motion at 7:15 p.m. via via
Zoom. >> Yes. At 7:15 p.m. via Zoom. Thank you, Larry. I have a second. >> Second. >> Thank you, Scott. Roll call vote. Pete. >> Yes. Uh, Larry, >> yes.
>> Scott, >> yes. >> Steve, >> yes. >> And I vote yes as well. We'll see you on the 18th. Vince, I'm sorry about all that. >> No problem. Thank you. >> Yep. Have a have a good night.
>> You as well. >> Thank you. Um, that being said, as we approach the we've passed the 9:00 hour, um, the only other thing because we did meeting minutes and gazone reports earlier, the only thing other thing on
the agenda is, um, planners report updates from, um, Kristen and Sadie. >> Um, let's see. Thank you for those of you who came out um for the snowy slushy
um visit to the Berago solar property. We got to see the solar panels. We did not get to see the area of the property where the screening is proposed. Um so the discussion at the meeting was to
um re schedule another sitewalk after the snow has melted and we can walk um to the property and also get uh permission from some of the abutters potentially to view um the area from
their property. So I think we talked about about a month out. We're hoping early April. didn't set a date, but I will um keep the board posted and stay in touch with um the applicant.
Um, we also took a look at 15 central um from the road frontage and uh viewed there is now a painting of an orange
um arc on the proposed entrance of the subdivision road for the 15 central subdivision. So, those of you who weren't able to attend the sitewalk, you should be able to drive by and take a look at those. You can see either side
of the um proposed road. Um and as just mentioned, that hearing is coming back on the 18th. They are revising their storm water um report as was discussed at the last hearing. So, I let them know
that we need those materials. um by the Wednesday before, which is next Wednesday. So, they're going to keep me posted because depending on when they get me the materials, it'll go back out to peer review and if there isn't time to get
new information, then potentially um that here they would request a continuence of that hearing. So, that's a little pending and we'll keep you posted on that. Um let's see. I think that's it except I did want to
mention I you may all know but I am not going to be at the next meeting. So um I appreciate Martha stayed on for some of the discussion today and um she'll be supporting our very able assistant planner Sadi who will be helping you all
with the meeting um on the 18th. So just wanted to remind people of that. I'm going on a trip with my 84 year old father. Um Satie, do you have anything you want to share with the board? >> Sure. Can can you hear me? Okay.
>> Yes. >> Okay. Um yeah. Uh excited to see you off and see you back, Kristen. Um but that sounds like a really fun trip. I'm excited to hear and see pictures. Um,
I thought I'd just remind everyone about the Plum Island and Turnpike meeting uh coming up on the 11th, next Wednesday. Um, we talked about it at the last meeting, but just wanted to remind people. Um, it's going to be more of an information session. It's um,
Ty and Bond is going to be presenting some uh, different engineering options for um, the Turnpike feasibility study. Um, and it's more to uh educate the public on the efforts that are going on at the
moment. Um, and yeah, so feel free to join. Um, I'll be there. It's at 5:30 on the 11th uh at the Parker River Refuge headquarters uh on the turnpike. So,
>> and it is um just it is in person meeting, but we are going to be videotaping it. So there will be the slides and the video available after if people aren't able to attend but there is not a Zoom option.
>> Very good. >> Well, good stuff. >> Thank you everyone. And I'd entertain a motion to adjurnn. >> To adjourn. >> Second. Second. >> Nobody wants to go.
>> Okay. Thank you. Roll call vote. Pete Larry. Absolutely. Yes. Scott. Yes. >> Have a good night everyone and thank you for your participation this evening.