As a preliminary matter, Swy Knight, chair of the new playing board, permit me to confirm that all members are in persons anticipated on the agenda are present and can hear me. Playing board members, when I call your name, please respond in
the affirmative. Peter Pos, >> yes, sir. >> Larry Murphy, >> yes. Scott Ker, >> yes. >> Steve Manin, >> yes. >> And town staff, Kristen Grubs, planning director. >> Yes.
>> Martha Taylor, special uh projects man planner. >> Yes. >> Satie Woodward, assistant planner. >> Yes. >> Very good. Uh good evening. February, today is fe
February 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 convening 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/loom. us and entering the meeting ID number 8327141 3056 and the passcode is 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 or telephone
conference. The meeting is also being held broad uh the meeting is also being broadcast live through local access cable channel 9 and on Zoom and at newetv.wicksite.comtnctv
and the recording will be available on the new access YouTube channel. Meeting business ground rules. Before we turn on the 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'll introduce each speaker on the agenda. After speakers conclude their remarks, I'll go down the list of board members, inviting each by name to provide any comment, questions, or motions. For all attendees, please remember to mute your audio when you are not
speaking. On Zoom, use the mute button. On the phone, use star six to toggle to mute and unmute. There will be an opportunity for public comment questions during the public hearing. I will see questions and comments from the members of the public
through the Zoom raised 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
participation list. Telephone participants to raise your hand in a Zoom meeting um 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 questions or make their comments. Please do your best to keep your comments and questions to three minutes or less. The hand will be lowered when you have been given the floor for your questions. I'll forward the applicant or
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. So that's the opening statements. Uh we'll go to uh liaison and meeting
reports. Um we'll start with ZBA. Larry >> really don't have anything to report tonight. body other than the their regular meeting is on February 19th and um I'll have probably have more for our next meeting once the agenda is posted.
>> Okay, very good. Thank you, Larry. Uh conservation commission, that would be myself. Um we had a meeting last night and the only thing that pertained to us that I recall on the agenda was um 34 Central Street
and they uh requested a continuence to our next meeting which will be in March. We're only meeting once a month through the month of April. So, we'll see uh 34 Central Street uh in
March. I I don't recall the actual day, but it'll be the first Tuesday of March. And then we have um MVPC Kristen. Um we neither the commissioners nor the planners u the regional planners group
has met since our last meeting. So I don't have any updates there. >> Okay. Very good. Um meeting minutes. Um has everyone had a chance to review the meeting minutes for January 21st,
2026? And are there any comments or uh corrections? >> I I do have one thing, Woody. >> Yes. >> On page three, the motion to continue the public hearing on 2 to8 Old Point
Road. Um it has an incorrect date that the motion was to continue it to January 21st should be today's date, February 1st. February 4th, excuse me. >> Okay. So, we'll note that. Any other comments or corrections on the
meeting minutes for January 21st? All right. Hearing none, I'd entertain a motion to approve the meeting meeting minutes for January 21st, 2026 with the uh date correction
that Larry mentioned. >> I'll make that motion. >> Second. Thank you, Larry. Thank you, Pete. Um, roll call vote. Peter. Peter. >> Yes. >> Yes. >> Larry. >> Yes. >> Scott. >> Yes.
>> And Steve? >> Yes. >> And I vote yes as well. So, that's the meeting minutes. Um, I have 708. So, we have uh seven minutes before our
public hearing. Um Kristen, would you like to jump ahead uh start the players report? >> Um that be all right with you. >> Sure. Uh happy to. I don't actually um have any updates because tonight's
agenda is full and I would have said this is what I've been spending time on. Um, but I did, Satie and I did talk about a couple other things. Um, so I don't know, Satie, if you're ready to make those updates, talk a little bit about uh what was
going on today. Um, so I'm sure you guys have heard us talk about the Boston Road uh Route One intersection. Um we have been working on applying to uh the regional
uh NO board's um fads program. So it's like a grant program for design work for projects related to infrastructure, housing, things like that. So um we think that that would be a perfect project for this type of grant. Um, so
we've been working with DPW to get that squared away and we're thinking we'll apply uh or send in the application tomorrow um to get it in by the due date. So that fingers crossed that that works out. Um
and then um as Kristen mentioned earlier, ACES is holding a um they've been putting together this regional effort um waste reduction effort um called Waste Watchers and they're having
a workshop next Wednesday uh at 9 at the uh Parker River Refuge headquarters um on Palm Island. So, uh, I'll be attending that, which is exciting. Um, they've been really great at getting together some really good regional
stakeholders, um, engaging lots of different, um, people in different realms of environmental protection. So, um, I'm excited to see what they will have going on at that workshop. Um,
yeah, those are those are my updates. So, I'm pretty busy, but yeah. Thanks Satie. Yeah, it's um just another note a couple other notes about that workshop is the state has actually set forest
goals for waste reduction um by 2030. So I think this is um sort of being driven by the city of Newburyport with the alliance for climate stewards um just to raise awareness about that um talk with
municipalities. So it's it's all of the um regional municipalities who are gathering on Wednesday and I think um this is going to be a series of discussions. I think that the second discussion that will happen later this
spring um will also be including um some of the private entities that are involved in waste management. As you all know, as Newberry residents, um uh we
bring our own waste unless we uh partner with um or unless we hire waste management companies to pick up at our doorstep. So in one way or another, we're relying on waste management as a partner in the work of the municipality
since um you know most of the waste gets moved out of town rather than staying in Newbury. So it'll just be an interesting discussion. I know um Newbury has been the beneficiary of some small grant money related to sort of waste reduction
and recycling initiatives. Um, but Satie and I are still really learning a lot about this and um, and I believe the select board is also sending a representative to this meeting. Um, I think Leslie Matthews has raised her hand for that. So, it'll be something
that at all levels of, you know, the municipality um, will be sort of carrying on the discussion and we'll keep the planning board informed. And I do think there was a good little summary article about it on the Daily
News, I believe yesterday, if you're looking for more info. >> That's it. >> If if I could, Woody, so Kristen, is there any um you know, investigation about, you know, in this waste reduction to really go after composting and really
make that something as a really valuable target? >> Um, I don't know yet. I certainly know that that's been uh you know there's been a lot of work on that in the city
of Newburyport. It's definitely something Satie and I have talked about. Um I know uh the um what's the compost company that picks up at your >> Black Black Earth. >> Black Earth. Yeah, I've seen some of
those around Newberry, but we've also been discussing how um you know, with single family zoning, most people have some kind of yard. So, sort of enhancing education around composting is something Satie and I are certainly interested to
sort of talk regionally about. Um, yeah. Are you a composter, Pete? >> Yeah. Yeah. just, you know, one of those things that, you know, I think we're kind of an agricultural based community, so it makes sense to really try to
promote that or facilitate that, not on a regional, but maybe on a community basis, >> right? I mean, we have a transfer station. Is there something that we could enhance there? >> I know we we've touched on it a couple times, so maybe it's an opportunity for discussion.
If I may, Woody, that Woody, that may go hand in hand with a yard waste component, which u is certainly an issue for Plum Island where uh you know, we can't do open burning like you can on the mainland. And might I also note that if
we're looking at waste reduction and just in terms of measuring it, whether it be cubic yards or tons, I often marvel how at the transfer station, there's no indication who is going there because it certainly doesn't seem to be limited to new
residents. And I'm not saying that's bad, but if we're finding out that the cost of recycling the cardboard and the tin cans and the glass is going up and up and up, we might want to start thinking about our limiting the waist
stream to Newbury people as well. >> Some good points. And I and I like the name waste waist watchers. So it's catchy and it's not where your belt goes either. Awesome. >> Okay.
>> All right. I have um 7:15, so we'll get started on our first public hearing. All good stuff, Kristen and Sie. Thank you. Uh public hearing continuence 2-8 Old Point Road.
Level two site plan review application for asbuilt constructor changes to approved site plan of record and a proposed new 40x40 pavilion structure at the Sunset Club at 2-8
Oldpoint Road. Assess map U02-0-153A owner the Cartages commercial LLC Vincent God manager uh welcome Vincent Goden and U Steve Sawyer if you're here from Millennium Engineering
would you like to upate update the planning board with a description of uh new material submitted and other updates since our last meeting. >> Yeah. Hi, it's uh Vincent Goden. Uh
Steve unfortunately is tied up at a meeting in Newbury report, an inerson meeting, so he will not be able to attend today. Um I was going to share kind of what was submitted if I can. >> Yep.
>> Oh, let me see if I'm allowed here. There we go. Okay. Can everyone see that? >> Yes. >> Perfect. Um, so I guess there was two
issues uh regarding lighting that really came up at the last meeting. one regarding the existing light uh schedules on on what is existing um as well as then a more of a
description on what the lighting will look like for the pavilion um that is getting added. So, I had a chance to to get together with the um my partners that that that run the restaurant and
and manage the lighting and all that. And we and we kind of dug into the the system that we have and it was kind of two two different systems. There's one online system that does all the lighting that was approved and added um uh at the
uh at the original approvals and then there was a uh timer added uh about a year ago to the um illuminated sign. That was one of those kind of old school, you know, you kind
of put the little tick in and it and it and it does uh the timing that way. Um, we had the electrician come by and look at that particular one because clearly it still was illuminating the sign even though it wasn't supposed to. It turns
out that it was defective. Um, he has since added it to our electronic system so that we can control the the lighting um very specifically on schedules uh through the through the um online
system. Um, so then I went in and I um uh kind of discussed with them where the zones were as well as I then had a discussion with um my insurance agent who also had a discussion with the insurance company to
just have a better understanding because I just wanted to make sure you know what kind of risks and liabilities do I have if if a site is completely dark or do I have a minimum amount of lighting that I to maintain to avoid any sort of um
litigation if somebody were to get, you know, trip and fall or attacked on site. Um and so what came out of that was there needs to be some sort of basic uh um safety lighting. Um
but um what we came up with internally was on a go forward basis, the illuminated sign will only be illuminated during business hours. Uh the beastro lights uh under the the sales No, looks like I spelled sales
wrong. Sorry about that. Um will only be illuminated during business hours. Uh there are then lights in the parking lot that um just illuminate very very basic lighting so that you're not pitch black
walking through there as well as um a few lights um all dark sky compliant that lead to the main building. And there was a couple of reasons that we need the the main ingress egress. Um cuz even once the business is closed, there
are sometimes employees that stay later, whether it's to do prep for the following day or to um um just clean up. Uh and those hours vary can be 2:00 in the morning, can be 11:00
at night. So, um we were advised that we should have some sort of ingress egress as for for any late employees or early employees as well as um any sort of um um safety issue. Police needed to be on site or fire, they could, you know, not
be tripping all over the the the walkway. Um so that's that's what was um discussed on on that side. Um, and so I I figured before we get into the pavilion,
um, I just wanted to open that up to the board to see if they had any questions on on the existing light schedule. >> Okay, great. Thanks, Vince. Um, I'll start with Pete. Pete, do you have any questions for Vince? >> And Vince, I think that's great that the
uh that the modification has been done here now. So, the uh post lights that are throughout the uh uh seating area, will those be going down at night time, too? So basically the entire seating area, the beastro lights and so yes.
Okay. So all the post let me put this uh I think I've got the plan here. Let me see if it'll show up. Can you see the plan now? >> Yes. >> Okay. Perfect. So there's one set of lights that kind of runs along right here that would stay illuminated. It's
like three little lights that just do down lighting so that the path can be seen from from the building to to the exit. And then there's along the fence there's uh these little lights that just face straight down that illuminate gosh
maybe 2 feet off of the fence just enough to give some understanding of where you are. >> Great. So basically all of the lighting in the seating area would would be minimized or off >> because now there's about six. >> So there's right now there's some
lighting that goes down this boardwalk. Those wouldn't be illuminated. they wouldn't be needed as well as these right here. >> I think that's a that's a great help to to the environment. Thanks, Vincent. >> No problem. And one other change that we did make cuz part of the reason our we realized that the uh the schedule was
getting messed up was we had it set to a certain amount, but when somebody was staying late or something was happening, it the whoever it was uh that was manager on site would just override it and just put it to on and then nobody would realize that and then the thing would just sit at on indefinitely. uh
not realizing it. So, one thing we did institute is um uh my partner Jeff, who is is one of the owners of the property, lives uh right over here, and he's been given access to the to the system as
well. So, you know, everyone that works at the restaurant, my partners that run it, aren't on the island late at night, so they don't realize things are on at later than they should be. But Jeff living right there um uh if he sees anything, we'll now be able to log in
and make any sort of modifications that need to happen so that it kind of sticks to the schedule. >> Okay, great. Um any other questions, Pete? >> Hear and none. I can't see Pete. So, um
Larry, do you have any questions for Vince? >> I do not. All right, Scott, do you have any questions for Vince? >> I have no questions, and I appreciate the um the efforts here, Vincent, and uh
and of course Jeff's uh uh stewardship um on the future lighting. Um appreciate that. >> Good. Uh Steve, do you have any questions for Vince on what's been discussed so far?
>> No, I do not. Um, I will be trying to think about the totality of lighting once we get through the pavilion. >> Okay. >> Maybe some reservations in under in reserve. >> Okay. Thanks, Steve.
And um I understand the the egress lighting that's going to remain on. It's it's uh important that that exists for when it's needed. So, it's understandable and uh sounds like a good plan so far.
Um, if you want to carry on, Vince. >> Yep. Okay. Um, next I'll get into the pavilion lighting. Um, just so that it's uh we we'll cover it. Now, the the lighting under the pavilion will be treated the same as the beastro
lights and the illuminated sites lights where it would only be illuminated during business hours as well. So that would be tied into the same um automatic turn off um and and would not be on past business hours. Um,
so we we met with our lighting professional, the same one that did all the other lighting on site, and we pretty much talked to him about what was discussed the last time now that the open uh the the pavilion is is more open
in the gables to remove all of the uplighting and just do some down lighting. and we just kind of had some discussions with him on, you know, what is what is standard for for kind of an
outdoor exterior hospitality dining. Um, and and he kind of pulled up the the what he calls the IEES, the Illuminating Engineering Society. I guess they are a nonprofit that kind of puts together uh kind of the code that is utilized by by
most states in a lot of um building codes for for what are the proper amount of lighting for certain situations. Um and what they put is for a a patio
hospitality is 5 to 20 average foot candles. Um what he described is usually it's more if it's restaurant, less if it's just kind of outdoor patio seating area. Um,
what we talked to him about was seeing if what would be kind of the minimum we could go to, which I guess is the five, because I guess anything below five is re is is what they call unsafe and doesn't make it possible for people to
do simple things like reading a menu or be able to kind of see too far in front of them who people are and whatnot. So what we made the decision was is let's just go for the minimum the five uh to illuminate under the pavilion area
and me. All right. And so these are the lights that are going to get used. um they're actually less um than the prior ones that had been
proposed. Um you can see here they're kind of shielded and they go in a in a downward um direction. And so this kind of shows the average foot candle based off of the
distance. And so we'd be at about 10 ft. And that's where he said that'd be about five uh foot candles of of lighting on average per light. And so he put together a little visual to kind of show
the way the light would would um illuminate. So essentially the light is not illuminating past these particular areas. We we tried to make sure he kept
it within the pavilion area so no light is is kind of seeping out past that. Um, and this provides an average of five uh foot candles throughout the pavilion area, all in a downward-f facing dark
sky compliant. Um, I had him send me a picture. Uh, I can't remember where he said he installed this. Somewhere in Massachusetts. He did this in a back patio of somebody's home. Um, so you can kind of get a sense that it illuminates
up to a certain area and then it kind of it's it's dark from that point on. Um, so that's that's kind of the the feel of what it'll look like under there. Um, and
uh that's the plan for the for the lighting now for the pavilion. Any any questions from board members at this time? Answer questions on the pavilion laying. I'll just comment. I think that's great,
Vince. I think that's exactly what the the board was looking for. Something controlled and downward. Yep. >> Very good. I agree. Yeah. >> Going to the picture here. It looks It looks good. Um, >> and Vince, if I understand it, those
lights are basically mounted on the lower rafters, >> correct? >> Not up in the gable. Not high in >> No, no, no. So, they're they're they're kind of hidden from uh See if I can come back up here. >> Yeah, they're they're kind of behind the
rafters, so they're they're not even really visible. Um um and facing downward, >> right? So being placed low um this not and downward beaming they're
not likely to be uh shall we say illuminating the louvers. So >> no they definitely will not. They're they're if you saw from earlier they're shielded so that there's no light that the light only is directed downward. >> Right. Thank you.
>> Yep. Very good. in that in that way too. Uh you're seeing the light where it's supposed to be and you're not seeing the picture at all. But I think that's a great idea. >> Yeah, I I I made sure he gave a picture because it was tough to tell with with just kind of the way he showed that was
more just to show where the light how far it goes. But I think this gives a good picture of kind of showing how it really does stop uh at a certain point and doesn't illuminate past there. >> Very good. Um, Woody, I just had a quick clarifying
question. Just Vincent, I'm sorry if I missed it, but there are going to be five lights. >> No, I believe it was 12 total. Um, in order to get the the um average, so there's three and then you can see it
goes one, two, three, four deep. So, it's three wide, four deep. >> Okay. What? I'm not I I know you said the word fi an average of five. What can you just >> What does that mean?
>> So, foot candles are are essentially how much illumination. Uh it's it's just the common term that's utilized for how bright. Um, to give an example, um, I actually ordered one of those light things from Amazon that can kind of test
lights and and, um, Jeff went around to like a a to a house and stood in their front porch where they had their lights on and they had 10-ft candles of light. So, this would be half of a residential, I guess, light. Um
um it's just the way they they kind of um grade how how the lighting is. >> Got it. I was hearing that word differently. I was hearing five foot candles instead of five foot candles.
Thank you for clarifying. 12. There's gonna be 12. Got it. >> Thanks. Very good. Um, anything else right now, Vince? >> Uh, no. I think that that was the the
two main issues that that had come up uh uh last week for for discussion uh this week. So, um >> glad to answer any other questions. >> Okay. Uh if no other planning board members have any questions at this time,
I'd go to U. Kristen. Do we have any written comments? Um, there just was one comment submitted by email um from Linda Wood of address 710th Street
and her comment was about lighting. My question is about lighting. On a dark evening when approaching Plum Island by car, will the lighted pavilion and parking lot be highly visible? I think that might shock some residents. I did look at the visuals, but I didn't see
how see how the plan would look in darkness approaching our special island. >> Okay. Do we have any raised hands from the public? >> I do not see any. >> Okay.
And do you have any other comments? Um ZBA decision letter. Do we have Was that another correspondence that we received. >> Um, yep, I did share um with the uh planning board um the written decision
was submitted by the ZBA chair um and filed with the town clerk. Um so it just uh sort of described the decision of the ZBA related to the pavilion. Um it did include some details
like uh related to the louvers and the um color of the pavilion I believe being um gray and wooden. So there's some details there that we'll be sure to you know make sure is consistent with um any
decision that the planning board chooses to move forward with. >> Okay. Does anyone from the planning vote have any other additional questions about anything on this before we go to
uh site plan review decision criteria? >> Yeah, I've got a couple Woody. Um >> Okay, I didn't see a hand raised. Sorry, Steve. Go ahead. >> No problem. Um some of it's housekeeping. Uh just as a reminder at the last meeting I asked some questions
about drainage and the uh catch basin and working with Kristen and the conservation agent and Joe Swartka. However, indirectly uh those concerns were allayed. So I no longer have or want to leave on the table any issues
about the drainage. I think that got cleared up. Um, a minor housekeeping thing is that when I was looking at the application, I noticed there was reference made to uh, you know, the Plum Island business district or some such language and
there isn't one. I just wanted to keep that in mind for the record that we don't have a business district on Plum Island. Um, regarding lighting, some of my uh, near neighbors similarly voiced some concerns about lighting issues. uh
and they were not willing to write a letter or anything like that. So these like un unattributed concerns about lighting u as they come and go in the island. So it's sort of the massive uh you know
concern that people have the um and one other thing that again my near neighbors brought up um and some of this would go back to the original application many years ago about you know the potential for congestion and that sort of thing resulting from you know the business and how the traffic
was handled and obviously we've made some breakthroughs on that but um Um, right now where the pavilion is going to go, that's I think of it as the botchi court. You know, it isn't really a seating area. So, I guess I'm asking for
confirmation that the seating area and I'm not going to get get down in the weeds of how many people sit at a picnic table, but the uh anticipated seating area seating for guests is the same. >> Does that sound Vincent?
>> Yes. Yes. The only only thing that will be happening is t uh tables will get moved around um and and the the botchi um u sets will probably stay under there uh most of the time and unless you know
the the the tables need to get put under there. >> Yep. >> Yeah. >> Okay. And lest I sound too negative uh I'll say I get the idea of the merchandise shack and the storage shed and how they're appropriate to have. So let me end on that. All positive note.
Thank you. >> All right. Thank you, Steve. Um, anyone else have any questions? Pete, Larry? >> Yeah, go ahead, Pete. >> Hey, good. Thanks, Woody. Along the lines of housekeeping, I did read the
ZBA uh position statement and I understand that the pavilion will be gray and it'll be complimentary to the wood post. So, and I think in keeping with that, so this would be kind of blending in with the environment, you know, I think the the board would probably uh want to put in it decision
that there shouldn't be any colored banners. There shouldn't be any kites, there shouldn't be anything hanging from the pavilion. It should be just be the free uh freestanding structure that has been described to us. So, I think that would just be my only housekeeping component, but I think the color scheme is is great and I think it'll blend in
nicely. So, thank you, Vincent. >> No problem. Um, I I did have one other comment that not really related to my site, but you know, I I know a lot of people have had some some issues with the light when they drive on the island. And you know, one of the things when Jeff was kind of testing around with the
meter, even when we were turning on and off the lights at the property, when you stand at that intersection, all the light comes from that that overhead light. Um, I know down in Florida, especially in turtle season, they they they they all have dark sky
compliant light lighting, uh, especially for the the turtle hatches so that they they don't get attracted to to the light. I I don't know if if it's something that the planning board uh could look into seeing if maybe there's a way that we could get some of the the street lighting then a little bit more
dark sky compliant cuz I think that would really help that that corner a lot more than especially once you know our business is is closed and and the lights are off but even even when the business is open the the vast majority of the light at that intersection ends up being
that that one overhead light. So, I I I think it could be something that maybe the board could look into to doing for the for the island. >> Okay. Very good. I know some street lights are pretty bright and I see different bulbs in different areas and I
I don't really know that much about it, but um I know that they're they're on once it gets dark out. So all right. Um like would the planning would like to uh review the site plan
review decision criteria? Sound good to everyone? Kristen could pop that. Is that visible? >> Yes. >> Yes. Okay. Um,
what do you do? Just want me to kind of talk us through this a little bit? >> Yeah, sure. Yeah. >> Okay. Um first thing I want to mention is just for everyone's uh information this is our zoning bylaw
and it is available um online through ecode and there is a link to this from the planning board web page. So just a reminder all of this is publicly accessible very easily. Um site plan review is a special regulation in
article 9 of the bylaw. So there's um you know purpose and review thresholds. This project as you remember is a um level two site plan review. Um so what we want to look at today is
the decision criteria. uh planning board shall approve an application for site plan review if it finds the applicant has submitted sufficient information from which it can determine that the pro proposed project will um so
first letter A is minimize cut and fill trees removed wetland and vegetation displaced soil erosion and air and water pollution and traffic congestion Um,
I think we've sort of talked about each of these. Um, I don't know if anyone wants to comment about them or if I should sort of
analyze. No. If uh if anyone has any comments, just speak up as we go through this and I would just keep going. Kristen, >> letter B uh removal of stone walls and there are none. Um letter C provide
adequate storm water management and utilities. Um we've discussed storm water. Um and this was also reviewed when it was in front of the conservation commission. storm water um the Newberry Storm water bylaw.
Um maximizing safety for pedestrians and vehicles. We've talked about that a little bit tonight. Provide adequate access to each structure for fire and emergency service equipment. Minimize obstruction of scenic views
from publicly accessible locations. Kristen, uh, just to jump in, that's one thing that some of my, uh, neighbors have commented on to me in terms of the mass of the structure, which would come up with FNG as well.
So, I just want to maybe come back to that for more discussion. >> Okay. >> Um, yeah. So, that's F. Um, minimize G is minimize visual intrusion by
controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises uh residentially used or zoned. Um, all of this area is residentially zoned.
Um, number H, letter H, minimize intrusion of glare from headlights and sight lighting on surrounding properties and minimize light pollution using dark sky compliance standards.
Letter I, minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity as viewed from public ways and places. Letter J, prevent contamination of groundwater from any source.
Um K, enhance the appearance of the property to the greatest degree possible by means of landscaping and other site amenities. L minimize impacts of the use on adjacent properties through regulation of hours of operation, deliveries,
noise, rubbish removal, and on-site storage. and M ensure compliance with the provisions of Newberry's zoning bylaw including parking and signs. Um and lastly, letter N, utilize energy,
water resource efficient design to the greatest degree possible, including appropriate building orientation, landscape design, use of solar, other energy collection apparatuses, electric vehicle charging stations, LED light
fixtures, and use of resource efficient materials and energy and water efficient systems. Okay, great. Is that any other anyone have any other comments on this or is everyone
satisfied? >> Uh let me try this again. Again, some of my neighbors have commented um on you know the music which I understand the select board is authorized from till 8:00 p.m. and for the rest of the year
and that's the plan. musically. >> Oh, to be maintained, right, V Vincent? If I can put the question to you. >> Uh, yes. Every every year the the the restaurant has to go back in front of
the select board and um um obviously if anyone has any issues at the time, they they bring them up there. There there was one one year where where there was an issue brought up that unfortunately was more of a training issue from a manager that allowed somebody to to set
up um um with their equipment facing towards the island and at way too high of a volume and and those procedures have since been resolved and that was I believe two years ago and we haven't had a single complaint or issue since then.
Mhm. Yeah. I know. Not notice that the uh riptide I think sometimes has lear hours for music, but the physical setup down there that they've got a backdrop with concrete that sort of controls the sound of music emanating from the rest
of the island whereas um you know your place is much more open and I think that was the concern that people uh were voicing to me and I'm trying to carry on here for you. But I get it. 8:00 PM seems very reasonable.
>> Yeah. And and just to point out, we don't we don't do any sort of planned weekly multi- time per week. It's really just if if there's any sport sort of special events. So So we we try not to make it something that is regular.
>> Thank you. >> All right. All right. Thank you, Steve. Thank you, Vince. Um, so at this point, uh, would the planning board like to request that, uh, Kristen and Satie start drafting a a, um, decision
that we can go over at the next meeting? >> I would I would make that recommendation. >> Excuse me, Woody. You've got a raised hand, I think, from Linda Wood. >> Okay. Um, I'll get to that in one sec. Thanks, Steve. >> Sorry. >> What' you say, Pete? Yeah, I would I
would encourage that the the board uh direct staff to start writing a decision. >> Okay, very good. Um we have a raised hand Linda Wood. Would you please identify yourself and your address? >> Hi. Uh this this is Linda Wood from
710th Street, longtime Plum Island resident. I did look at the uh renderings online and what I wasn't un what I wasn't sure about was how the lighting would look as we approach Plum Island say from the airport. Is it going
and especially about the the uh parking lot lights? Is it going to um be like I don't want it to look like Vegas. Let's put it like that. I want it to be very subtle. So maybe um someone can
comment on that. Thank you very much. >> Okay. Thank you, Linda. As as stated by Vince um and correct me if I'm wrong, but everything's uh downward-f facing lighting. Um the majority of the lighting will be off during u b when the
business isn't open and it's all docto. So >> and and no additional lighting is being added to the parking lot. it. Right now it's just some very subtle down lights. Um the only lighting that's being added is to the pavilion. Um I'm not sure if
you were on when I showed it. I could share my screen. It's really the going to give more of a glow of a of a of a p outdoor patio. >> I did see the um the the lighting in the pavilion and it looked like it was, you know, >> Yeah. I I just put it back up.
>> That was sweet. Um, but it was just like as as we go on to the island, we don't want to see something like too brash. So, um, thank you for that. And I'm glad to hear that the parking lot lighting is
not more increased than it is now. >> Okay. All right. Thank you very much, Linda, for your comments. Um, so if no one else has anything, um, the only thing I thought of too was, um, it was mentioned at the last meeting
that you did have, uh, some vehicles rolling through the parking lot at night. My suggestion to that would be putting up some yellow plastic chain at the entrance to deter that. And plastic chain because then it's not a liability
of a hot chain and the fire trucks can drive right through it. So, that was my only addition to this. And other than that, I think the lighting looks great. Vince, thank you for your your presentations. Um, I guess now I would entertain a
motion to continue this public hearing. Um, to I don't Kristen, we're not going to have um you're not going to be ready for our next meeting. So we could give you till March 4th for the decision. You'll
have a a solid decision by then. >> Um yeah, I I do think it would be tough to get a decision written uh by next Wednesday, which would be the policy deadline for the next meeting. But, um,
I think early March is fine. And that would, you know, give some time to, you know, check in with the applicant if there are questions and then bring a draft decision back to the board. Um, that's in pretty good shape. >> Okay. Very good. So, I'll entertain a
motion to continue the public hearing for 2-8 Old Point Road site plan review to March 4th, 2026 at 7:15 via Zoom. >> Motion. >> Thank you, Pete. Do I have a second? >> Second. >> Thank you. Uh, that was Steve, correct?
Roll call vote. Pete, >> yes. >> Larry, >> yes. >> Uh, Scott, >> yes. >> Steve, >> yes. >> And I vote yes as well. Thank you, Vincent. Have a good night. We'll see you on the fourth. Okay.
>> Have a good night. >> All right. I'm going to jump on the agenda. Jump around a little bit on the agenda now. I'm going to go to old business first. uh potential zoning amendments for the annual town meeting 2026. Um do we have Ian Burns with us this
evening? I'd like to welcome Ian. >> Me too. >> Hi. >> Hi. How are you? >> Good. How are you guys doing? >> Good. Um
would you like to start this start us off tonight with um the work for the new inclusionary zoning bylaw? >> Yeah, be happy to. Um so for the record, Ian Burns with the March Valley Planning
Commission. I'm here to speak on the proposed inclusionary zoning bylaw amendment, a potential amendment that you all are considering for town meeting this year. Um, if it works, uh, I can share my screen to show you the draft bylaw as it currently states and kind of
work through it. Um, but happy to qu take questions as we scroll through some of the key components. I can just give a quick summary and then we can uh discuss if that works for you. >> Yes. >> Me pull up the dialog here.
Um, so I have here a clean version of the most recent edits we've been working through. So, just as as background, as you all know, um I came and met with you all earlier in the fall when we started this inclusionary zoning process and looking at um the potential bylaw
amendment. Since then, myself, my colleague Kayla Renie and and I have we've been working with uh Kristen and everyone in the planning department there to uh bring together a new draft zoning bylaw. This has been also reviewed uh by town council as we work
through the process. And so, um, all of this has been gone through a couple of different iterations. I think you've all been updated as we went along, but I'll give you a summary. I'll scroll through some of it. Happy to pause if you have questions that come up or if you want, we can wait till the end and chat about it as a whole.
Um, so the first page here looking at purpose, process, and applicability. Um, really the the basics of it as to why we're doing it, trying to increase the town's affordable housing stock. um especially as it relates to your subsidized housing inventory and getting more units on your subsidized housing
inventory but helping also residents um below 100% median income. Um process a section that we actually to make it a bit more clear as to how this would you know operate in reality when an applicant applies for a project. So, as
you'll see later on, there are uh density bonuses for applicants uh where they can add market rate units in exchange for an affordable unit. And through that process, they have to um potentially have a change to uh their dimensional standards to accommodate for
the density bonus. As a piece of that, they're essentially going to have to present to you all on how they uh propose uh adjusting those dimensional standards to um comply with the density bonus. and you all would essentially have to vote on a finding saying that
they do comply with the uh changes necessary in order to accommodate the additional affordable unit. But that'll make a bit more sense when we talk about the um actual mechanisms for affordability later on. Um applicability, we talked about this a few months ago about how you could have
different thresholds for inclusionary zoning. Um as you know in your um MBTA communities overlay district, the threshold is 10 units or more. Here we're proposing four units or more. Importantly, as kind of an overarching comment for this uh proposal as a whole,
one of the things we're looking at is incentivizing the inclusionary zoning instead of requiring that. So, what that means is that a developer does not have to include affordable units in their development. They have the option to, but we are incentivizing them through um uh density bonuses as we'll discuss
later. So although the threshold here is lower than in your MCM mod um it is optional um and so there are um different ways that the u developers can choose to incorporate the affordable units but four units or more is the threshold before they decide to apply
the density bonus. And then some general language that you see across pretty much any inclusionary zoning bylaw clarifying that this applies to residential development but not other types of of residences such as rehab centers and nursing homes. Um segmentation where a a developer can't
come in and build one unit every year under separate applications to avoid any type of inclusionary zoning option. Um and then a few other um boilerplate issues to cover for itself. uh definition section going through all
the terminology of affordable affordable units and the process. Um I'm not going to go through each definition here, but I'm happy to speak to it kind of within each section where we get to some of the key terms. Um but a lot of it dealing with the process that would be required of a developer to um get an affordable
unit on the subsidized housing inventory and the different um technical pieces of the qualifying unit being on the subsidized housing inventory in town. So the bulk of the next few sections talk really about what the policy is and how it's implemented. Um so in summary,
what we're looking at is saying that if a developer wants to add um uh wants to include an affordable unit, then we'll reward that with allowing them to add an additional market rate unit. So when a developer comes in first, if they want to use this policy, they have to do essentially a yield plan to demonstrate
what the maximum amount of units they could build under the existing zoning is. And so they'd look at, let's say it's a a subdivision um with the minimum lot sizes. They'd say this is the amount of units that I could build traditionally, but we want to add an affordable unit. And so we're going to
be allowed to add an affordable and a market rate um uh within the subdivision. So, we would be changing it from, let's say, a six-unit development to a seven-unit development because I get the bonus market rate unit in order to include an affordable unit. So, they come forward to you all say, "Traditionally, we'd only be allowed to
build this much, but we're doing an extra unit. Um, and that's why we are rewarded with the extra market rate unit." Um, so this section talking a lot about um how that process might work and how they might identify it. Um, a few things to mention in terms of the affordable units themselves. Uh first as
a baseline um we recommend setting them at 80% area median income. So that'd be the the family occupying the household um must be making 80% median income or less. Um however, there is the option later on in this bylaw for the developer
to put in an affordable unit that's equal to 60% area median income. One of the things we've talked about in Newbury before that I know has been a concern of residents is how um area median income is so high. So 80% AMI is is pretty significant and it is high in the town,
you know, upwards of uh $80,000 a year for a one person household. And so we really do see a strong need for the 60% AMI demographic to have housing. So one of the things we are are talking about as well is allowing um a developer to get two bonus market rate units in
exchange for doing a 60% AMI unit instead of one bonus market rate unit for an 80% AMI unit. So trying to get some trade-off there to incentivize deeper affordability than just the standard 80% AMI. Um how to provide it? A couple options.
The primary and preferred option as outlined in this bylaw is for them to provide the unit on site. Um and so if they're putting together a development, they would provide it um within the uh their development plan um within their site. However, there is an option if they want to do the unit offsite if they
own other land and want to build an affordable unit elsewhere. Or sometimes what we see is the developer will sell or donate a portion of their land to uh a nonprofit agency that would build the housing themselves. And so that way they are still providing the unit. It it looks like it's on site cuz it's
adjacent to the development, but technically that would be offsite cuz it wouldn't be their land anymore. So allowing some flexibility for the developer to accommodate that affordable unit in what might not be the most straightforward way for them, which is just to build it as part of their process, but if they want to partner with an affordable housing agency, they
can do that. Um, a few pieces about the technical aspects of actually producing an affordable unit. They have to go through um the the fair housing marketing plan to show that they are reaching folks that might be eligible for the unit when it actually goes up for sale. um they
have to certify that the person occupying the unit is making um the restricted area median income. Um and they have to work in partnership with the state um to ensure that all of the lottery processes followed for um getting that unit occupied follow
standards um as required by the state. Um and then at the end here, section seven is the density incentive I've been talking about the whole time. um showing that if you allow to do one affordable unit at 80% AMI, then you are going to be allowed an additional market rate unit. Um and if you want to do an
affordable unit at 60% AMI, you can build two additional market rate units. Um and in order to accommodate the additional unit and the density incentive, we will be waving um whatever applicable provision of the dimensional standards makes the most sense for that development. And that would be under a
finding from uh the permit granting authority, the planning board when looking at the development plans. Um that was my quick summary, but happy to scroll back because I know it's a lot if you guys haven't heard all of it throughout the process, but happy to chat more and answer questions that you all have. But I will say, you know,
Kristen, Martha, Sadie, chime in if I missed some key key chunks here. >> Thank you, Ian. Uh questions for the planning board. Pete, >> no questions. Thanks. >> Uh Larry,
>> just just a couple. Uh Woody, um Ian, uh the U draft version we looked at at the last meeting was dated January 20th. This is uh February 2nd. Were there substantive changes? >> I can show you. I have a redline version. It wasn't anything too
significant. The the most significant was adding in the um process section up top. I believe it was this one. No, not this one. Sorry. Just had it open here. >> I can probably grab it if you don't have
it handy. >> If you have it handy, Kristen, I thought I had it right up right away. Um but yeah, so the one of the significant changes was the second section in the the bylaw which is process articulating that the planning board would have to make a finding that um the development yield plan. See that blue highlight
there um complies with the provisions of the bylaw and that the um changes to the dimensional standards properly accommodate for the additional market rate unit that would be included. >> And then there might have been one other change. Go ahead. Sorry. >> No, I was going to say I'm glad to see
that because I I was a little confused about the process last time. >> Sure. And I think the bulk of that came from town council. So, it's helpful to have her perspective there. And there might have been one or two other adjustments too down further. Kristen, if I >> Yep. Some housekeeping language. Yeah.
>> Um Yeah, I think we >> cleaning up the density bonus piece. Yeah, I think we um uh some of these changes at the end are we moved things around a
little bit. So essentially that was the primary thing Larry was after the last meeting when we sort of talked about um making sure this bylaw is structured similar to other bylaws and making sure there's more clarity around like how it
would actually happen like what is the actual um process. So we decided to in conversation with town council to make a whole section that identifies that. >> Great. Thank you. >> All right. You good, Larry?
>> Yeah. >> Scott, any questions? >> No questions. Thanks. >> Uh Steve, any questions for you? >> Yeah. Can you remind me again how the um whether it's 60% or 80% adjusted medium
income is calculated. And when that number is set, like it could take, you know, years for development to actually go all the way through. And at that point the AMIs could change and just how that works logistically and who would be
responsible for overseeing that or or when would the planning board be responsible for approving a number? >> Yeah. So typically a developer works with um the applicable state agency that's helping with the project. So,
there's the local action program um that the state has through their department of housing livable communities um that helps with the marketing of the units and helps with setting the price of the ownership units. And that price isn't set until I think it's the occupancy
permit that triggers um the actual look at what the price would be set at and what that median income is. So area median income is a number from HUD from the US Department of Housing and Uber and Development and that is adjusted every year. And so you may be permitting the building one year, but they won't
actually be looking at setting the income limit until um I believe it's the occupancy permit, but I'd have to double check. Not until it's completed and being uh marketed for uh uh purchase. >> So it's the time of sale, the time of renting. Uh okay. And Kristen, you just worked through that with a development I
think recently or you're working through it right now with the um MBTA district development. So you might know hands on a bit more than me. Yeah, the um uh Cricut Lane the 40B has a couple phases
of um marketing the affordable units and so um the all of those calculations are actually set at the time that the lottery is happening and the deadlines for the applications and stuff. So um so
it is um it is phased in as the units become available. Okay. >> Thank you. >> All right. Thank you, Steve. Um, I don't have any questions. Thank you, Ian, for your presentation and, uh, going through
all that with us. Um, it looks very good. Um >> I I just want to quickly echo thanks because this is you know Ian and Kayla's help is through a technical assistance um grant funding that that they um work
on for the whole region and Newberry's been very grateful for the assistance. So it's been super helpful. Thanks Ian. >> Happy to thank you guys. >> Thank you so much Ian. Um at this time I'd like to welcome Martha. Um would you like to go through the rest
of the zoning amendments. >> Uh, sure. Um, I don't really have any new material to present to the board tonight. I do have a follow-up question from the last meeting, but just to kind of set the overview tonight. Tonight,
the hope is that the planning board will vote to refer the amendments, the zoning amendments that are being proposed to the select board to have them refer back to the planning board for public hearing. So, there is a letter that's been
drafted and it might be easiest to kind of go through that and then I'll raise the question that I have. Would that make sense? >> Yes. Yep. >> So, I'll see if I can pull that up here. So, are you all able to see this? And is
it big enough? >> Yep. So basically the first part of the letter just kind of explaining the process and and confirming that the board has taken a vote if a vote is taken tonight to refer these to the the
select board with the request that they refer it back. And just to summarize sort of what we've been talking about to date, um the first one is kind of a a global set of amendments to all of the articles 2 through 11. um in the
existing bylaw one was taken article one was taken care of last year um so there are no changes to that but it's these are all the amendments that are related to the recottification process that we've been discussing for a couple of years we did phase one last year phase
two will be this year and some of them are organizational changes to make the bylaw easier to navigate to bring it into conformance with current statutes uh current and pending regulations and new case law and to clar clarify the intent of certain provisions
and then some technical changes to bring the bylaw into conformance with current practice and interpretation. And this will lead me to one of my questions which is related to article two and update and modernizing terms and definitions. We've also relocated some
definitions to be, you know, located with the bylaws that they're referring to and then just going through and updating references. Um, the second set of amendments that we've discussed are changes to the
boundaries of uh several use districts. At the meeting last at the last meeting, we had talked about three districts. one a portion of the commercial highway, commercial highway A, which includes 12K way and
also the Parker River Marine District. Um, I think the sense of the board at that time was not to move forward with the change to the commercial highway uh district at 17 Central Street to move forward with the other two. Um we've
been having some internal discussions about that and you know the purpose of making those changes was to you know kind of clean up these boundaries of lots that are you know are in two
districts. Um so it it it seems like it might be beneficial to hold off on all of those changes right now. we could take a look at them a little bit more deeply. Um it
might be a little confusing if we do some not the others. And this also relates to one of the changes in the article 2 language about lots that are split between two districts and our building commissioner's current practice
and interpretation which is that whatever district covers the majority of the parcel basically the reg regulations of that district pertain to the entire parcel. So in a in a sense making the changes to the districts themselves
becomes not quite as critical as it seemed previously. So um one one thought or one recommendation might just be to kind of pass on this particular thing this year and not do the the
boundary changes to any of the districts. So, I don't know if I'm explaining that clearly enough, the reasoning why it might make sense to hold off, but um like to get some thoughts from the board on that one. Yeah, it's just a it's it it's clear if
we do all or if we do none at this point, I think. >> Yeah. Well, under circumstances >> Oh, go ahead. No, I was going to say and it's, you know, it's certainly um work that can be revisited at another
time. It's not >> the circumstances with 17 central. I I guess we we in my opinion, we could pass this one by for annual Tom meeting this year. >> I agree with you, Woody and Martha. >> Okay.
>> Okay. So we would then take take this recommendation out of the letter and not not vote to move forward with that. >> Okay. Um the next one was um the amendments to
the table of use regulations that we went through at the last meeting um which is referenced in article 3 the use regulations and those were to eliminate some inconsistencies between the table and various definitions and provisions
of the bylaw. also looking at revising the special permit granting authority for some uses. And um there were a bunch of footnotes and things that were added to kind of clarify that that people should refer to
the overlay district regulations um for the for those. Um and then the biggest one really is the addition of a new um article 11 um replacing the current article 11 which is not replacing but it will bump the
numbering of the article 11 administration. Um this is the clean energy facilities and related amendments to be in compliance with um recent act chapter 239 of the acts of 2024 regarding um
clean energy permitting and sighting. And this involves putting all of the clean energy bylaws into one new article and also involves some major rewriting of the solar bylaw and a new new um
battery energy storage system bylaw. And those sections of the the table of use regulations um would be in this article um pertaining to those particular uses.
And this article would also show the um moving the uh wind energy and the solar from article 5 special permit to this new clean clean energy bylaw. Um, Woody, can I interject? Go
>> right ahead. >> Sure. Martha, can we go back to the table of use regulations just for a second? Um, if one of the other zoning articles fails to pass, is that going to cause an an inconsistency in the table
of use regulations and the and the bylaw, the zoning bylaw? So I think the only one and that's what I was trying to explain probably not very well is that we would hold off in the table of use regulations for kind of the it would
kind of get mentioned twice. So there would be the general table of use regulations and then anything related to this clean energy facilities. Um it would be in that warrant article so that
if if if this gets voted down it wouldn't be impacting kind of the general table. I don't know if I'm explaining that that very well but it becomes >> I think you've answered my question. So we we wouldn't need to be concerned about amending the article uh for the
table of use regulations in the event that one of the other articles failed to pass. >> I I don't think so. >> Okay. >> I don't think so. And we haven't really put all the articles together yet. This is, you know, this this was a first attempt at thinking how we might
organize them. But, you know, the the goal is to not have that happen, you know, to invalidate something if something else doesn't get passed. So, basically the rest of this is what I just discussed, the new new clean energy
facilities article, the relocation of wind energy and solar. um to that article extensive re extensive revision of the ground mounted solar PV which we've looked at and relocation to small wind uh from article 10 to this new
article the addition of the battery energy storage systems and related amendments to the table of use regulations and then the final one would be the addition of an inclusionary zoning bylaw Okay. Any questions or comments? Anyone?
>> Yep. I have one. Martha, you know, up you reference u one of the articles, one of the state laws is, you know, part of the underlying rationale for making some changes. And I'm wondering what happens if the state law is changed? Are they
do whatever to make it different than what we're looking at right now? Does that mean we're locked into what we're approving this year or and then have to, you know, redo it again to if we choose to u
be be the same as the new state rag in law? I think it would depend on on the language and that's probably something to discuss with town council. Usually there's some some language in there saying, you know, if it's a reference to a state law or regulation. Um, it's tied
into also any amendments that are made to that state law or regulation. So, but you know that that's a a good question >> because that that gets to be interesting because if um if our regulations role
with unknown changes to be in the future of the state law, that could be an uncomfortable place to be if we had an issue with u how the state was redoing or refining or whatever the the existing act. we we may
not want to automatically adopt it. >> Yeah. I mean, it's a tricky one because we don't, you know, it's it's also not not good to have something that's inconsistent with with state law. So, but but it's a good question. I think it's something to discuss with town council
on how we deal with that. >> Yeah. I mean my uh part of action is to freeze and say we're we're adopting what's in place at this time and if it if the state changes things then we'll make the changes as well after review
and comment and that sort of thing. >> Right. And that's kind of what the process that we went through last year with the flood plane bylaw. The state had made changes and they wanted us to to make changes that were consistent with, you know, with how they were now looking at it. We went through that
process and took it back to town meeting. So, >> okay. Thank you. >> Speaking of town council method, you're meeting with them again on Friday. >> Well, we're not meeting with them, but um that is the other other thing I
wanted to bring up. I mean, this is this is still an ongoing process of refining this. Town council is going to be reviewing the current draft on on Friday. So, there may still be some amendments. I don't anticipate anything substantive,
but we're at the point now where the public hearing notice is going to be published, I believe, on February 18th. So, at that point, the draft zoning language needs to be set for that public hearing and the
board will not be meeting again between now and that point. So, the other question was, does the board have, you know, is the board comfortable with with Kristen and me continuing to work with town council and incorporating any any
edits that she she may have. >> I am speak up if anyone is not. I guess >> I think that makes good sense >> to just keep the the the act the process in an active state. Okay.
>> And just to just to repeat and confirm, but any any edits that are made in the short term will be um finalized before the public hearing. So that when the legal
notice is published and in the newspaper and um there will be a document that's available for review and that will be set in stone for what is considered at the public hearing. So all of that will be um finalized in advance
which you all know but just to say again. >> Okay. So if no one else has any comments or questions, it sounds like we we want to move forward with four out of five of these. Number two was the one
that we we discussed passing by which was the boundaries bylaw. >> Correct. So, um I'm struggling a little bit with verbiage for the for a motion, but um
I'd entertain a motion to um pass along the four zoning changes, zoning amendments to the select board so that they can with the request for them to refer back to the planning board
for public hearing >> and you have it. >> Thank you, Larry. Do I have a second? >> Second. >> Thank you, Scott. Roll call vote. Pete, >> yes.
>> Larry, >> yes. >> Uh, Scott, >> yes. And nice job, Woody, on that one. >> Steve, >> yes. and I vote yes as well Martha. Thank you so much. >> Thanks a lot.
>> Thanks Martha. >> We'll be >> Thank you >> back and go to a public hearing on the list. So thank you. All right, moving right along hopefully. Um we've got um a request for close out for
special permit for solar uh generating facility at 136140R main street assesses map R41-0-42 applicant standard solar applicant representative is Robert Rosine
uh waterstone engineering Robert are you with us? Hi, Robert. >> I am here. Good evening. >> All right. Would you like to uh present what you have for us tonight? >> Yeah, sure. Would h be happy to. Um
all right. Uh good evening. Um uh for the record, uh my name is Robert Rosine from Waterstone Engineering. Um uh nice to see some of you. It's been a many years for some of you. Um, we uh um we uh initiated this project back in uh
in 2016. Um I've been the uh the civil engineer of record for uh 136 Main Street and 140R Main Street. Um uh the there was a special permit issued in on uh in May of 2018. Uh and that permit uh
included 30 conditions. Um and it is it is my professional opinion that the project has been constructed in substantial compliance with those um uh with the with with those conditions and the approved plans. Um and would like to discuss that with you this evening. Um
so the just quick little background and I I won't keep this long. Um the facility uh itself was um was uh mechanically complete in late 2021. Um and then we had sort of a right turn. Um we had a a surprise that occurred um
regarding uh the need for a rear access road uh to the national grid uh point of interconnection uh which essentially added about two years to the project. So um that project that was uh the a bridge um road and wetland restoration was
completed in in late 2023. Um and um and then uh and here we are now uh early 2026 uh seeking a a permit close out. Um so um the um I believe
we've covered all the conditions, but of course we'll want to you want to review and we we uh answer any questions you have on that. Um the the uh the the likely point uh of discussion that I'm I'm sort of anticipating is um um for those who uh are familiar with the
history of this project, one um probably the one of the single largest uh items uh that was discussed was screening and um and we could almost attribute a year of permitting to to screening conversations.
Um so we the uh the screening uh as it stands right now uh I think is probably going to be deemed unacceptable by the planning board. Um the uh the screening has not uh taken well um uh despite u
multiple uh attempts um and involving arborists and third party review and all of that. Um, so, um, with that, uh, you know, it it's it's it's a it's it's my it's I'm of the opinion that it's it's
it's not, uh, for lack of due diligence or e efforts or or otherwise, but rather uh just the ecological conditions um really trying to plant in an in an understory where there's um insufficient light um and um and shallow groundwater
uh conditions. And it re really not an issue of of attempt as I said we've we've planted multiple times. We've it's been reviewed by arborists and third party engineers. So uh or third party reviewers. So um what I would like to suggest or ask that the board might
consider would be that given those professional or given those constraints um uh I think that continued replanting is unlikely to achieve a different outcome. Um, so what I'd like to suggest is that uh perhaps um we the board
entertain um uh directing resources to the town tree fund uh as we had done previously. Um uh there was a 40 $48,000 payment that was made to the town tree fund um for um for the 12 acres of
clearing that was associated with this project initially. Um and so um uh uh just just just one possible thought. I of course uh I recognize that changing an approval condition is is is is uh is a big deal. So with that um I
respectfully uh just recommend that the board close out the special permit and I'm happy to uh answer any questions. Thank you. >> Thank you, Rob. Um Kristen, do you have any additional information to share with the board before I call the board for
questions? Um, no, just as Rob says, it's been a long process, most of which I was not a part of. So, I appreciate that, you know, has, uh, been very helpful in summarizing and providing all the materials. Um, and I'm still
reviewing them. But, um, that's a lot. >> That was a good summary of where we are. And I think the board should consider moving forward as you have with any closeout, reviewing the conditions. Um, considering in, you know, the majority
of closeouts, probably all closeouts, you generally hold a site visit. So, we could talk about that. Um, considering the snow cover and things. Um but just uh you know Rob's also closing out with the consom. So I think that's something
I've been in touch with um Mason the conservation agent about and making sure we're consist working together as the two boards. >> Okay. Thank you, Kristen. I'll turn to the board. Pete, do you have any questions or comments? >> Well, let's This is how I started on the
board 10 years ago was >> Hi, Pete. Long time no see. >> Thanks, Rob. So, um I do recall a lot of this and yes, we did have a lot of discussions about screening. Um you know, I don't I don't you know, I think it'd be very helpful to kind of review what uh the environmental people have
said about uh this so that we can get a handle on that. Um I hate throwing money at something without a solution quite honestly. Um and if there's another way to think of this or another way to look at it, I think that be might might be helpful. Uh but it's been a while since we looked at it. But I think a sidewalk
is definitely in order. I'm not ex exactly sure how we're going to coordinate that since we do have a little bit of snow cover that might be a bit of an obstacle, but uh that's my thoughts right now. What do you >> Larry question comments?
>> Um I understand that that the um the asbuilts are still under peer review. Is that correct? >> Um yes, I yes, they are still under peer review. And as far as the vegetative screening goes, what what you say may uh
Robert may make perfect sense, but it sounds to me like what we're really talking about here is a modification of the decision. Now, we could talk about whether it's major or minor. Frankly, I wasn't on the board when it was originally decided. Sounds like a major
modification, though, which would require a public hearing. So, I I don't know how we can close it out in the face of that. Anybody got any ideas? >> It's a val very valid comment, Larry. It is a major modification. It's not a
minor modification. >> I mean, I hate >> Yeah. >> To echo what you said, >> Yep. >> Yeah. >> I I'm just I appreciate the comment. I I guess I would just say I'm not sure. We
haven't had uh a specific ask for what the modification is. So I'm not quite sure we know yet it whether it's a major or minor modification. I know Rob suggested a payment in lie. Um but there's no we we
don't have a specific request on what that would look like. So that could determine whether it was major or minor. >> Well, that's the problem. Um, you know, I mean, what his suggestion may may make absolutely perfect sense, but uh how do
we close out a project if in the face of a modification whether it be major or minor without voting on the modification? >> Yes, I I agree that would need to happen. Um, >> yeah. So,
>> we can't I guess my comment was just to clarify. We don't know yet what that vote would be. >> Anything else? Sorry. >> I can circle back if you want to. >> I'm sorry. No, it I mean my issue is
again it's procedurally I just don't see how we go forward with with with a close out. That's all. And I'm I'm sure you're tired of this after 10 years. And
>> so >> if the board has to vote a modification, it's not a minor modification, meaning administrative. It would be a major modification and that would require a public hearing. >> Major modification would definitely
require a public hearing and a minor modification. I mean, just look look at the uh look at um the Sunset Club and what the ZBA did. You know, they had to go before them and that was considered a minor modification, but they said they held a series of uh of hearings on it. I
mean, I'm not trying to make work here, but I just don't know how you close out something when you know you have what sounds to me, again, not having been on the board during the initial public hearing, sounds to me like it's probably
major. May, let's say for the sake of argument, it's a minor modification. We need a request for a modification. I if if I could, I it's my understanding that a minor modification uh could be handled uh as as as either an
administrative amendment or a a staff level signoff that a major modification would require going back to public hearing. >> Well, I I I think I think you're you're kind of right and kind of wrong. At least my understanding if if it's a
field change that can be done at the staff level. usually for a minor modification. It comes before the board not as a public hearing but as on the agenda for a determination that it's a minor modification and a green light to
the modification. Then if it's considered a major modification then you know you that triggers the whole public hearing thing notice to abutdders etc. Well, you know, maybe one option is to just leave a performance um bond in
place, add, you know, add add infanitum. I mean, I I don't I don't know how else we I don't know how else we close close that out. >> Scott, do you have any other questions or comments? >> No.
Oh, other than I I think we're we we would need a proposal, right? >> Yeah. >> Let's let's start with that. Send us a letter proposing the modification. Re
send it to town council. The town council's review. And if town council says it can be done at administrative level, great. you know, if if town council says no, it's a minor modification or or it has to go before the board to determine if
it's a minor or major modification, then then we'll be, you know, guided by town council's uh advice. >> I I think that's the right path. >> So, a a question for uh Kristen. Um do you think what I have sent currently um
is sufficient for that? um is the the um the I have uh we've submitted a letter for that is a documentation of of completion for special permit and in that there is the recommendation um that we that we do exactly that that we um um
that that this this go to um this go to a tree fund. Um now we don't list with we don't list an amount uh or otherwise but um there was a process that was uh established during uh the original permitting that we could uh dust off and
update. Um but maybe less important than the actual amount is just the the uh the idea of it being used uh of of using a tree fund. So I guess my question is um as is as it is now um in that is that sufficient for you to share with town
council? >> I I yes I I believe it is if if that is um the requested modification. I I think I Yes. >> Yeah. Okay.
>> It is it is sufficient. I think I had been thinking that the board might want to discuss what would be the um preferred modification, but I think you have made a a suggestion a proposal and
we have that and we can consider that and um that is sufficient for that step. I >> mean my only thought on that would be unless the court unless the board has a um um you know better suggestion. I'm only suggesting that because it it just
see it it it seems to me at the best at this point, but if there if there's something that the board uh prefers or thinks would be a a better path, um I'm certainly we're certainly open to that. So, I guess I' I'd sort of ask the board's recommendation on that one.
>> All right, Larry, you were going to say something. No, I I I I would be comfortable with uh just forwarding uh that letter to town council to see what what she has to say about it because I mean, think about what we're talking about. If if I
understood the discussion earlier, you you spent a year talking about vegetative screening and admittedly you can't meet that condition. But if you spend all that time talking about vegetative screening, it can't be, you
know, um it can't be, we can't just brush it away, you know, and frankly, if town council says this is fine, do it administratively, great, wonderful. I'd be surprised if that's the answer,
but but at least we can get some direction on how to proceed. Okay. Thank you, Larry. Pete, did you have something else you want to say or are you good? >> I think I'm good for now. >> All right. And the only other thing I'
I'd like to say is that uh one of the conditions of the uh special permit was for uh plowing 8 in or or more. And uh there's 8 in of snow.
We got more than 8 inches of snow and there's still more than 8 inches on the ground and the the road the access way is not far. >> Okay. >> So, I'll I'll make sure I pass. >> We could talk about go we could talk about going on a sidewalk but we can't get there because it's not fine. So,
never mind for emergency situations up there, >> right? >> Whatot. So, that that's one part one condition I see not being met as well. So, >> okay. Thank you. >> All right. Um, on that note, uh,
I guess we you you know what to do next, Rob, and we'll see where to go from there, and you can be in contact with Kristen. >> Yeah, I think I think that sounds fine. Um, so I I guess the only other piece in there is if we want to schedule a
sitewalk and and maybe we just delay that until we hear hear back uh from from town council and and and let the weather um do do its do its magic for a while.
>> Yeah. >> All right. Very good. if if the if if the road was plowed. I I mean I I I think we could entertain a sidewalk because we could get close to the the field, but >> it's actually a fairly long walk out
there, but we can certainly get it plowed. I mean, that it should be plowed anyhow. And so I would say if we want to do a sidewalk, let's let's schedule one now. And they got they they should be plowing it. So there's no excuses on that. >> All right. Well, where could Christian on the sidewalk administrative leave? We
will we're not going to figure out a date in time. >> Okay, that sounds great. >> Right. Hey Woody, if I could Rob, you said that there had been materials submitted by, you know, people who have been reviewing this and why it failed because of the soil and if you could submit that information, just those
reports over the years, just so the board could have an opportunity to to digest that material rather than just being told it, but actually look at the correspondence and and review that stuff, that'd be great. >> Sure. So, I I just want to clarify, it's not that there's been reassessments done
over the years. What I meant was that um part of the approval requirement was that we engaged an arborist in the process. Um um and and that that that the arborist was used to uh produce the uh a landscaping plan which was which
was then reviewed and approved by by uh by your third party. Um and that was that was the independent process. Um and then there was a second round of planting, but um there's been no um new um pl uh landscaping plan or or um soils
or any of that stuff done. Um the the the uh the statement about high high groundwater and uh low light is is just my observations. >> Great. >> Okay. Thank you. >> All right. Thank you, Rob. >> Yeah. Right. All right.
>> Have a good night. Thank you. You too. Good night. >> Moving along. Uh request next order of uh new business. Uh request for ex extension of subdivision approval and common driveway special permit. Colin
Tony crossing five uh five lot subdivision 108 Main Street. Applicant John uh Colin Tony Triple Q Inc. Uh John, are you with us? >> Good evening. Can you hear me? Okay.
>> Yes. Uh, thank you, John. Please update us on the status of your project and your request, please. >> Yes. So, for the record, uh, I'm John Colin Tony. Um, thank you for, uh, having us on the agenda and, uh, want to thank Kristen for, uh, getting us
through the process. Um, as you know, this has been a project that has been there a while. Um, and we just want to give an update and let the planning board know that we're fully committed and now we're uh getting ready to start.
We would have even started harder, but the sto snow snowstorm hit. But even with that, uh, we've started out there. We have the big machine back. Uh, our original site company was Frasier Company. You might remember that. Uh, they're local out the Northshore, but
the owner retired and closed down the company, so we had to bring in another site company. So, we're very excited and happy that we have cinema uh contracting corp. So, that will be the site company uh doing the road um and everything and
and the and the lots uh family-owned father son. So, it's great. And then we have um mostly the original team, Donnie Hugh Survey, who's been out there recently uh reflagging the the wetlands as conservation wanted. Uh we have Moren
Herald uh from Norse Environmental uh for our conservation uh needs uh and we have Thadberry the engineer from ASB design who was the original engineer on the whole approval process. So, uh, we're ready to go. And like I said,
we've we've, uh, we've started, uh, conservation. Uh, I think you you might know this, but they gave us, uh, three-year extension, uh, with a couple conditions. Those conditions we already did. We had Donn survey reflags,
and then they wanted all the erosion uh, control fixed or redone. So, that's been completely done um, uh, as well. Uh so both those things were accomplished and thank God we uh got it done before the snowstorm. Um so that was a a success
because it never would have been able to be done after the snowstorm. Um so I' I'd like to ask the the board uh for an extension so we can you know finally get this done. Uh I apologize that we're
coming and asking for an extension, but uh the last time I was in front of you about this. Uh there was a concern I I think Peter on the board brought it up that you know we'd start some other project that we were getting approvals for. Um I made a promise that we would
not do that we take our projects in order. We haven't started any other new projects. We're finishing up on the Parish Road project and the 51 West Main Street project and our Damas subdivisions and uh now we're ready to rock and roll uh because we're at the
end of those. Um I not sure if there's a a rule on how long we can ask for if that's something the planning board could help me with. Um you know, I don't know if you can ask for three or two or or one or if there's any particular rule
on that. Um, so I I throw that out there. >> Okay. Thank you, John. Uh, Kristen, before I ask the board questions, do we have any additional information that you want to share with the board on this? >> Um,
so similar to the last project, um, it's taken me a little time to get up to speed. Um, so I have had conversations with former planning director Martha Taylor and town council as well as um
talking with the conservation agent about this project and with John Colin Tony. Um, the board approved a 2-year extension on this project in June of 2024.
um that approval, that vote was contingent on the applicant um filing what's called the form D for the performance covenant. Um John just filed that this week. So we
now have a recorded and file signed recorded filed um formd which was the requirement as part of that approval in June of 2024. So that extension was granted until February 17th of 2026.
So this is it's not February 17th yet. That's a good thing. Um thank you John for you know forwarding and completing that work. Um so
um I do think in this case I would uh so the board needs to consider giving another extension. um the extension would need another form D as a
part of that that it um documents what the extension date is and also gets recorded. Um reminder this is both a subdivision and a special permit for common driveway as part of the subdivision. Um so we're talking about
both instruments. um town council's recommendation um considering the sort of history of the project starting and stopping would be whether
the board might want to consider um getting an updated very clear construction schedule um for the project. Um we don't have that today. So,
one consideration is the board could um give sort of a monthlong extension, enough time for John to bring that back to the board for it to be reviewed. Uh in most cases, we could loop our uh
peerreview engineer in for that construction schedule review, have Joe Surwaka review it and approve it. Um, I think we would certainly want a pre-construction conference. Um, the other,
uh, updating that John has done with the Conservation Commission this fall to get their extension approval was to confirm the wetlands on the property. And um Woody, you're a part of the commission, so correct me if I get this wrong, but
my understanding is um that uh was done um let me just look actually um so I don't think um a revised ANRAD was submitted and John Conton correct me. Is
that true? But just on site, the um wetlands were reflagged and that happened before the snowstorm. >> Yeah, that happened way before the snowstorm and then the erosion uh
control was u redone. Um I might be a little off on this two or three weeks. Um it was sort of in between the the two snowstorms, but it was done before the big snowstorm, so that worked out well. Um I'm not
familiar or do I think we had to um submit anything else. We had to do those those two things. I think Moren uh our conservation person, you know, sent in an email uh to Mason. Um I don't think
anything else had to be done. If something else has to be done, obviously we will jump all over it and and do it. But I don't think there was anything else that had to be done. And I also just wanted Thank you, Kristen, for bringing up what was recorded. Um
I I was not aware that that wasn't recorded um you know, last year. Uh there's something that slipped through the cracks with the attorney and because the attorney takes care of that stuff. So I apologize for that. So that's why when Kristen and I talked and I found
out it wasn't, I didn't want the board to think that there was any, you know, funny business and I wanted to get that uh recorded immediately. Um, you know, which shows the February 17th date that would, you know, expire. So I
I apologize that that was done so close, but didn't want to think anything was going on there. >> Okay. Thank you, John. And I I recall those two conditions was what Morin said in conservation uh commission meeting back last fall. Um
but I do not know I have not gotten confirmation that those have been done, but that can be easily checked in with Mason to see if he's had gotten out there to inspect those before this snowstorm yet. >> Yeah. Um, so I don't think he got out
there to inspect the erosion control before the snow, >> but I just want to clarify my I I don't think there's anything outstanding with the commission. Um, but my question about the delineation is related to the
as the subdivision decision which requires that um uh 80% of each lot has contiguous upland. So I just one of the questions I've talked about ma with Mason is if
any of the delineation changed in any substantial way which he does not think it does it did but that's the question that the planning board should confirm is that all of the lots are still um uh
legal legally lots related to the wetlands and the amount of upland on each parcel. So, >> well, I can I I can help with that a little bit. >> That's where I was going there. Yeah. >> Yeah. Um, the wetland line, as I call
it, hasn't changed at all. Uh, Donghue survey who did the original work and who will be for the whole project uh, and they do great work is the one that went back out there to check that and to refl. Um so uh you know luckily and
knock on wood uh nothing has changed out there. So unless I don't under unless I don't understand something correctly if the wetland line hasn't changed um then the upland and everything would remain
the same as well. U so I I think uh you know we're good there. Um, and I also to I agree with Kristen, not Mason's fault, but I don't think he got out there before the snowstorm. Uh, because I don't even know if he knew if if it was
done at that point. But, uh, but we did send a video and all sorts of pictures um, you know, showing the the new erosion control and everything. Um, so, >> okay. Uh, all right. I'm going to go to
the board now. John. Uh Pete, do you have any questions or comments? >> Yeah, I do. Uh Woody, thanks very much. Uh Kristen, I appreciate your comments very much. Um you know, I was just looking back over the notes of this project and all the emails that you've had uh with the applicant, you know, um
and so we started this back in 2020 and then you know, CO happened and everything. So, we had this extension granted in 2024 and over the past two years, I've seen numerous emails where you were requesting this uh form D and it appeared today. Um, with that said,
that's the the actual effects on the ground. I think very strict guidelines are very very important uh with this particular situation. Uh, this site was uh disturbed a number of years ago. uh it is and as a result uh both of Butters on either side have been affected by
this the disturbed area as well as the community uh overall seeing uh this disturbed area uh for the past number of years. So I think having a very strict construction uh schedule and that schedule to come to this board uh in four weeks so that it can be reviewed uh
the board can uh in the interim give a four-week extension and then at the at the conclusion of that time review this uh uh schedule and then make a further determination. I think it's very important John uh that things be done appropriately. Um this form was asked
for two years and I I I have all the emails right in front of me here. So, for it to appear today, um, I feel I feel a little slanted by it. So, that's all I'm going to say about it. And that's my only comment at this point in time. Thanks, Woody. >> All right, Larry. Do you have any
questions or comments? >> No, I I I agree with Pete. It's time to get this done, to move forward. I I I don't have a sense that this project has been on the front burner and I I think it it's time to move it along, but I I like the suggestion of of the construction
schedule and uh the four-week extension. >> Thank you, Larry. Uh Scott, >> uh I'm in agreement. Thank you. >> Thank you, Scott. Steve, >> same. Uh a four-week extension seems like a nice hard deadline, which is
doable. All right. I'm in agreeance with it with everything that's been said by all of you to uh the construction schedule um and timeline and premeating meeting
after the four-week extension and we grant a further extension. So when you start the project of pre-construction meeting and a review by Joe Shaw. So, um, Kristen, our next step, I guess, would be to grant a four-week extension
and we'll put him on the agenda for a meeting in four weeks. >> Yeah. I just I my only comment about that is March 4th is the public hearing for the zoning amendments. Um, >> okay.
>> And we also just continued Sunset Club to that date. So, it will be a busy agenda. Um, so just wanted to mention that. >> What in can I ask a couple questions? >> Uh, all right. One sec, John. In
fairness, do we grant a six week extension to accommodate for our meeting schedules? And that also gives John uh the time it takes to have a good construction plan for us.
>> Does sound good to everybody? I thought Pete not. >> I think that fine. Yeah. Okay. Now, go ahead, John, real quick if you got a couple questions. Uh the the first question is,
you know, basically what you're saying is if it's a six week extension, four-week extension, 8week extension, whatever it may be, you don't want us doing any work there over these six to eight weeks.
like because two two two things one what was said that this wasn't at the front burner 100% correct and when I was in in front of the board last time for the extension I made it clear that the size company that we are we have to take
things in pecking order and Parish Road has been a bear so we took it in the pecking order now it is at the front burner and we're ready to to go. And uh Peter, I I apologize that you feel
slighted about that that form just appeared when those emails went back and forth before. I thought it was taken care of by the attorney. Um so that's why I was like, what do you what do you mean it's not it's not recorded? I'm not going in front of the planning board and
they think that we didn't record something to try to have a gray area of this deadline on the 17th. So, even though that's only a couple weeks away, we're going to record it. Um, so trying to trying to do the right thing, but what I would like to ask of the board,
which is maybe a compromise of what you just said, is we have no problem giving a construction schedule for this board to review and approve. But why not do that as um a condition? Um, and if now
we have to have another pre-construction meeting, because we had one way back, but we have no problem doing another pre-construction meeting, allow us to try to put that together in the next week or two so we don't waste another two months of work
because now this is the front burner. Well, um, these were recommendations from council and we haven't seen any, um, front burner work, so to speak, to date other than the refreshment of the
erosion control for conservation. >> We've already we've already been doing work on the site since last week. >> I I've I've driven by I drive by there almost every day. I've seen an excavator go up over the hill and come back and park and I was surprised it started in
this cold weather, but I we have no confirmation of any work. It's been done in the last couple weeks. >> Would someone like to walk would someone like to walk the site with me? I >> I mean, I'm not going to be at a a public planning board meeting lying.
Um, John, I just I just want to say until that form D was um recorded, you did not have an extension that was legal. >> I I Kristen, I would never argue that point. Did I understand that legally?
No. But it makes sense with what you're saying. >> Pete, would you like to say something? I think we have a plan and we should probably continue with that plan that's been given and follow the guidance of council.
I uh I'd entertain a motion to um put John on the agenda in six weeks and have grant him an extension for the next six weeks pending a construction uh plan and then the premeating and a
review from Joe Schwa to follow. >> You have a motion. >> Thank you, Pete. Do I have a second? >> Second. All right. Uh, roll call vote. Pete, >> yes. >> Larry, >> yes. >> Scott,
>> yes. >> Steve, >> yes. >> And I vote yes as well. Um, >> thank you, >> John. And I go right ahead. >> One, one more question. Thank Thank you very much. Um,
so I don't think any of my any of my ideas went against what town council was saying. With that said, um, thank you for the six week extension. We'll put together the construction schedule. Uh, Kristen, you can tell me what meeting to
have that ready for. Um, or send it into you ahead of time for the board to review, but what meeting that you want us at. And I guess my question is, and I don't think this would be against town council or the board, is could I schedule a pre-construction
meeting, you know, over the next couple weeks, even though we might not be able to do any work until you approve or critique the construction schedule, but at least I wouldn't have to wait 6 weeks or eight weeks, you know, a after that
to have it. So, at least we could hit the road running once you approve the construction schedule. I don't think there should be anything wrong with that. >> I don't know the answer to that question, but
does he have till the 17th to work or is that all null and void? No, I don't know the answer to that question. if if the board doesn't want me to work until you have a construction schedule. Um, and look, I don't want to go against
the board and I don't, but all I'm saying is it sounds like you really don't want me to do any work until you approve the construction schedule. Um, and it's after the six weeks, you know, when we come back. All I'm asking is
could we have the pre-construction meeting >> in the meantime which isn't going to start any work but at least everyone will be familiar what's going on updated again and all that so at least the full six weeks isn't wasted.
>> Um is that something you can facilitate? >> I think that's fine. Um, I think we can get going with the next steps as soon as we get going with them. Um, I I do think, you know, we should clarify what
date you're asking for an extension for and that would obviously be part of the construction schedule that gets reviewed. Um, and that that should all be considered together on behalf of the planning board. But I'm happy to work on, you know, connections with peer
review to review things and get out there and um have a site visit as part of that pre-construction meeting. Uh I uh Kristen, I >> I would also um you know offer that if
John could produce you know a schedule on a plan um you know to the board um you know sooner than later um you know if I was contacted I could come into the um you know to the hall and uh sit down
with you and um just review the plan. Um, I do have a certain level of expertise there uh that uh might be able to help expedite or or make a recommendation to the remaining board members uh in anticipation of getting uh
together uh 6 weeks from um I guess tonight as well as potentially uh getting out there um you know pre that 6 week uh uh meeting um you know with a I guess another pre-construction meeting.
I'm I'm assuming we already had one, right? >> I believe it was in 2022. >> Yeah, we had one a long time ago before we uh started doing anything there and peer peer review was on site at the time.
>> Okay. Would I mean that's um just an offer uh to assist um and help out. Um, so not sure if that needs a vote or whatever. Uh, but um, happy to do it.
>> Okay. And we're looking at March 18th being on the agenda again because March 4th is busy >> and the construction schedule timeline should come in. Go ahead, Kristen. >> Yeah, sorry, buddy. I I just that's a
good meeting to come to. um March 18th. I would suggest the extension is till March 20th because what we'll want to do is make sure the vote happens on the 18th and then we file it with the clerk
um and off up off we go. >> Okay. >> So, the documents need to be filed and recorded after the vote on the 18th. So, I think if it if the if the extension is to March 20th, that'll give us that time to do that. Make sure it happens. Could
I make a suggestion? Could we have the extension till the end of March? March 18th meeting is fine. I I just worry in regard to, you know, the the attorney has to get involved. And if we had another big snowstorm or some
crazy thing in March and things shut down for two days, like I just I get nervous of that 48 hour window from March 18th to March 20th. That's all. >> Okay. Makes sense. Well, let's do this. I I'll we'll do another vote right now.
I'd entertain a motion to extend this until March 31st, 2026, and we will get you on the agenda obviously the 18th.
>> I would accept that modification to the original motion. >> Okay. Thank you, Pete. Larry. Well, >> I'll second that. >> All right. Thank you, Larry. Pete, >> yes. >> Yes. And thank you, Scott.
>> Scott, >> yes. >> And Steve, >> I >> All right. Thank you. And thank you, John. We'll be in touch. >> Thank you very much. I appreciate all the time.
>> And that being the end of our business this evening, I'd entertain a motion to adjurnn. So moved. >> Thank you, Scott. Have a second. >> Absolutely. >> Thank you, Pete.
All those in favor, Pete, Scott, Larry, Steve. >> Yes. Yes. >> Have a good night. Thank you, Kristen, for everything and we'll see you. >> Thanks everybody. >> Thank you. Burning sweaty.