I have seven o'clock. So, we'll we'll get started. Um, as a preliminary matter, this is Woody Knight, chair of the Newberry Planning Board. Permit to confirm that all members and persons anticipated on the agenda are present and can hear me. Now,
playing board members, when I call your name, please respond in the affirmative. Peter Pos. >> Yes, sir. >> Larry Murphy. >> Larry. >> Sorry. >> Y >> uh Steve Manian. Hi.
And uh I'm not sure if Mary's going to be joining us or not, but if she does, I'll acknowledge that she's here. Um town staff, when I call your name, please respond the affirmative. Uh Kristen Grubs, planning director. >> Yes. >> And Sadie Woodward, assistant planner.
>> Yes. >> All right. Hello everyone. Good evening. November 5th, 2025. Open meeting of the new planning board is being conducted remotely consistent with the with chapter 2 of the acts of 2025 which extends the governor's March 12,
2020 order certain provisions of the open meeting law GL C3A20 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 on the town's website. You may join us by going to http semicolon/loom. us and entering meeting ID number 83271413056 and the passcode is 108790
or by calling in 1 19292056099 US and entering the meeting ID number which is 108790 when 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 broadcast live through local access channel 9 and on Zoom and at https semicolv.wix wixite.com/tnctv and the recording is will be available
on the new access YouTube channel. Meeting business ground rules before we turn to 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 man. As chair, I'll introduce each
speaker on the agenda. After speakers conclude their remarks, we'll go down the list of board members, inviting each by name to provide any comment, questions or emotions. For all attendees except board members and staff, please remember to mute your
audio when you are not speaking. On Zoom, the mute button, use the mute button at the bottom of your screen. And on the um phone, use star six to toggle mute or to unmute. There will be an opportunity for public
comment and questions during the public hearing. After board members have spoken, I will afford the public an opportunity to comment and or ask questions. I'll see questions and comments through the Zoom raised hand function.
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Each participant will be called on to provide his or her name and address and then may ask questions or make a comment. Please do your best to keep your comments to three minutes or less. Your hand will be lowered when you have
been given the floor for your questions or comments. I will afford the applicant or his or her representative the opportunity to reply. I will then continue down the list of those in the raised hand column and again afford the applicant or
representative an opportunity to speak. 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. Finally, each vote taken in this meeting will be conducted by roll
call vote. That concludes the opening statement. Uh, first item on the agenda this evening, we have the plans report. Kristen and Satie, the floor is yours. >> Hi everybody. Um, nice to see you. Um, I
wanted to give a short update about our work on the um, zoning amendments for this year's town meeting. Um and then I'll let Sadi give a short update about um some of the Marmac Valley Planning
Commission um meetings and related work to the zoning amendments. But um I wanted to quickly just share the screen and put up a schedule. Um can you all see that?
>> Yes. >> Can make it a little bigger. Um so as you know um we've been meeting Martha has been um our special projects planner for the town as in a part-time
um capacity has been helping to lead the charge on the second phase of the zoning recotification work. So, this is cleaning up sections of the zoning bylaw that um that need clean up, whether they're just edits and typo type things,
as well as some areas that have been um just sort of problematic over the years um and need some attention. So Martha and town council Lisa me and I have been meeting I think three or four times
since the summer um to go through sort of section by section the bylaw. This is a continuation of the work that was done last year at town meeting. We had I think eight different zoning amendments at town meeting. So we're hoping to have fewer this year, bundle them together in
a more cohesive way. But I just wanted to mention that work is ongoing and put up this um draft calendar so you can all kind of see what lies ahead for us this winter. Um so we will be coming we're
beginning of November we'll be coming back to you um probably not on the 19th but at the first meeting in December. um will invite Martha to come back and sort of really go through where we are with different proposals. Um and then the
board will need to, you know, make our opinion known. All of you will have input on figuring out what makes sense to move forward with for this year's town meeting. But the um the process goes that you have to submit the zoning amendments to the select board. They
review them, submit them back to the planning board to hold public hearings, and all of that really gets busy in um January and February. So, I just kind of I know this is a lot. I'm not going to go through it line by line, but I just kind of wanted to put it up and show you
all that we'll be kind of working on this through the winter pretty steadily. Um, and then town meeting this year at the moment is scheduled for March uh sorry, May 5th. So, it's a little bit I think it's a week later than it was last
year at the end of April. Um, but we'll be kind of working backward as that date gets confirmed to set these dates for public hearing. So, there will be time for lots of outreach and education about what the zoning amendments are um for
this year's town meeting. It's just kind of a really quick overview. If anybody has questions, you can you can catch me for a minute or two now or um we'll be following up. Um and I will let Sadi share a few updates.
>> Um I know this is tenative schedule, but if you could send that off to the board just so it's on everyone's radar. >> Yep. >> Yeah. Thanks, Kristen. >> Yep. Great. Um
I yeah so I guess uh in regards to MPPPC updates um there have been a couple interesting meetings lately that I've attended. Um there was the regional planners meeting on the 20 October 23rd
um where um someone from uh department of energy resources from the state was giving a really interesting presentation about um uh citing and permitting reform um
renewable energy um resource facilities and like energy storage facility. ities um to make the sort of permit processing the permit process easier for municipalities. Um so they're um streamlining the process, creating
common standards, um creating a standard application process. Um um there's uh written comments due November 14th from municipalities. Um they were really pushing feedback from municipalities uh throughout the whole
presentation. Um, and there will be some resources available early in 2026. Um, and yeah, they went really into details. So, I think they have all these resources online, so if anyone's interested, I can forward them. Um, so
that was interesting. Um, then there was the MVPC Safe Streets Alliance meeting on the 22nd. Um, they announced uh their new hire, Brendan Lonard, who's great. uh so far
um announced that they MVPC um got this grant award um the active transportation infrastructure investment program grant um over a million dollar grant uh for um they're going to be improving route
110 which is the corridor between Lawrence Habil Marramacberry um the major corridor there so that's exciting um and then there were just some minor updates from the other um
group members. Um and then I think I mentioned this last meeting, but there's the um uh street design training that I've been attending, which has been a lot of fun so far. Lot met lots of great planners from the region. Um, and I think this this is uh just
something else I wanted to mention, but uh Kristen sent out um uh little brochure about some trainings that um I think like committee and board members can attend if you're if any of you are interested. I've been to a lot
of them recently with the um citizen planning training collaborative. Um it's nice to sometimes refresh um what's going on. Um so that's kind of just in the training realm. But uh yeah, so those are all of
my updates. >> Okay. >> The um the energy stuff that Sadi's talking about is also um something on the radar of Lisa and Martha. um
uh the state is really asking towns to move pretty quickly and coming forth with new regulations related to this energy sighting and permitting. Um but I don't think that final regulations are due to be completed until March. Um, you
know, there's public input now in the process, so it's a little unclear at the moment, um, how Newberry's going to handle it, if we think we can kind of get ahead of the game and be ready for this year's town meeting, anticipating
what the state's regulations are, but we won't know what they the final like guidance is until March. So, it's not sure with our one town meeting a year how that'll work out, but we'll we'll have time to talk this all through. So,
we'll let you know. And that's it, Woody. >> Yep. Very good. Thank you, Kristen, and thank you, Satie. Next item on the agenda, um, meeting minutes. We have meeting minutes distributed to
the board uh for October 8th and October 15th. We'll start with October 8th. Um has everyone had a chance to read the minutes for October 8th meeting? And >> I have >> If so, does anyone have any edits or
comments on the October 8th meeting? >> I just have one typo, Woody. Um it's under zoning bylaw amendments for annual town meeting 2026. Um the sentence talks about uh amendments approved at the annual town meeting of
2025. There's an extra zero in the in the year. It's 20205. So with that correction, it looks good to me. >> Okay. Anyone else have anything? All right.
Um that being said, thank you, Larry. Um, I will entertain a motion to approve the October 8th meeting minutes with the uh correction of the extra zero that Larry
pointed up. >> So, I'll move >> and do I have a second? >> Second. >> Thank you, Scott. And motion made by Larry, second by Scott. Roll call vote. Peter Pos,
>> I'll abstain. What wasn't there? >> Okay, very good. Larry, >> yes. >> Um, uh, Scott, >> yes. >> Steve, >> I >> vote yes as well. On to the October 15th
meeting minutes. Um, has everyone had a chance to read them? And are there any edits or corrections? Hearing none, I will entertain a motion to approve the October 15th meeting minutes.
>> You have your motion. >> Thank you, Pete. A second. >> Second. >> Thank you, Larry. Um, roll call vote. Peter, >> yes. >> Larry, >> yes. >> Scott, >> yes.
>> Steve, >> yes. >> And I vote yes as well. And uh thank you for getting those meeting minutes done. It's I know that's a lot of work. >> Nice m nice minutes. Thanks. >> Yep. All right.
It says 7:16. So we'll move on to uh public hearings. Um, first public hearing tonight, uh, 2-8 Old Point Road, level two site plan review, application for an asbill constructed changes to an approved site
plan of record in a proposed new 40x40 pavilion structure at the Sunset Club at 2-8 Old Point Road, assesses map U2-0-153A. owner of the Cottages Commercial LLC, Vincent Goden, manager, applicant
representative, Steve Sawyer, Millennium Engineering. Um, at the applicant's request, um, in writing, uh, they requested a continuence of this public hearing to December 3rd, 2025.
So, I entertain a motion to continue the public hearing for 2-8 Old Point Road to December 3rd at 7:15 via Zoom. >> Uh, you have it. >> Thank you, Larry. And do I have a second? >> Second.
>> Thank you, Scott. Uh, roll call vote. Pete, >> yes. >> Larry, >> yes. >> Scott, >> yes. Steve, >> oops, you're muted. >> Yeah, Steve's muted. I think he's searching for the button.
>> Yes. >> Yes. Okay. Thank you, Steve. And uh I vote yes as well. So, we'll see uh the Sunset Club on December 3rd. Next public hearing continuence for 34 central street level two site plan review
application for uh Bfield Heights at 44 a 44 unit multif family development in the new zoning bylaw section 97-4g MBTA communities multif family overlay district at 34 central street assesses
map R19-0-19 loan Melody and Robert Pritchard applicant Massachusetts housing opportunity Corporation LLC. I'd like to welcome Mike Ives and Jerry Welch, attorney Mark Papowski, engineer Christian Smith from Be Associates.
Um, Mark or whoever wants to go first. >> Thank Thank you, Mr. Chairman. Uh, good evening. Mark Frowski. For the record, my office is in conquered. Um, as is, uh, our custom, I'm going to turn this over to Christian so that he can give
you an update and then I'll take back the microphone. Okay. Thank you. >> Thanks, Mark. Good evening, Mr. Chairman, members of the board. Uh, so we have uh gone through some uh revisions. Uh had correspondence with
both uh fire uh we got a a letter um I guess it was written yesterday, I just received it today uh from Joe Serwatka. We are down to very few items. I could address a couple of those because I think a couple
of those we actually need to have a quick conversation with the board about. Uh there are a couple of very minor uh questions. One recommendation which we have no issue dealing with on the septic system design. Um, one of the force
mains actually ran under a I think two two buildings worth of the the very tail end of their deck stairs that come down in the back. And Joe has just asked that we move that outside of the uh the stairwells, which is perfectly fine. Um,
you know, it's not not a complicated equation. The second point I guess being um the cover over the septic tanks and we're just confirming we're clarifying with the with mass DP specifics on the
title five because Joe's concern is that the maximum 3 ft of cover should be over the tank itself. uh we've always interpreted and I believe have worked with in the past the the actual language says components
uh so it was our understanding that the riser off the tank uh would be one of those components but we'll clarify that and if we've got a I I I do want to say that we we only now at this point have I think roughly 5t of cover over that tank
so if we've got to lift the tank 5t or drop the finished grade over that tank 2 feet uh not a huge issue. There were several comments that Joe referenced. He did not receive uh or did not have uh the architectural
plans and I think Kristen, you can confirm that those have been dropped at planning at this point. >> They have and I I wanted to be sure to make that comment as well that I've talked with Joe after I received his letter and said, you know, our
apologies. I think we thought we wrapped them up and put them in the packet that goes off to Joe. And um you guys did indeed submit your revisions on those architectural plans. I will say Martha has been the one who's giving the
closest eye to those over over the process and she has not done that. She's been out of town. So we will still be taking another look at those. But that was we do have your revisions on the architectural. >> Perfect. Yep. I just wanted to confirm that and I don't think anything
outstanding on the architectural plans um are of uh of much import. I think the two issues we would like to get through uh or get opinion from the board on uh one we briefly touched on. I believe it
was two meetings ago because I had a very uh a very short appearance at the last meeting. Um as it was the same day I had the uh the basilc cell carcinoma carved off my face. Um which by the way
is looking just great. Went well. I'm cancer-free so we're all good here. Uh but anyway, the his his point was the the municipal ordinance um and and the subdivision code for
townowned roads requires I believe it was a 200 ft um radius on the roadway curves. Uh we've had 75 on two of them, I believe, and 125 on the other two uh from day one.
And you know, I guess our assumption is is as this is a uh as this is a privatelyowned, privately maintained road, um we feel that the you know and in light of the fact that Vaness has has
demonstrated that the uh Newberry ladder truck can get in around that subdivision and out through the now proposed exit lane uh safely without any conflict with with another lane. We feel these are
perfectly safe. I did look up uh the Ashtto uh requirements u for horizontal curves and and um speed limits. And essentially my my assumption is as densely as this little
development, this little neighborhood's going to be um designed and and hopefully built and and sold out, uh we would assume we will be posting that road at 15 m an hour. Uh the rounded radius uh based on the ashtto
requirements for that is 70 ft. The smallest we provide is 70 75. So, we exceed that for those two curves. And finally, we did get a memo today, which I understand was specific to the exit
lane from the fire chief. Um, however, you know, he he did mention that they their their entire look at this project and of course, they've already reviewed the rest of the internal road. Uh we've gone through the
spacing on the fire hydrants and uh you know they was obviously life safety and safe vehicular travel for their emergency response vehicles and he did say that they they look at everything and they just make sure that it's compliant with the Massachusetts General
Code and the National Fire Protection Code. And of course they they have had no issue with with the road as designed. So, I guess that's a question that we can discuss with the board. And the other one I think we probably should uh
should review together here tonight is uh the comment on lighting. Um you know, our proposal uh basically goes with fairly dimminimous roadway lighting. Obviously, safety lighting at the intersections and
important places like the mail kiosk, etc., which I can I can review that plan with you and remind you of what that lighting proposal is. But in addition to that, you know, all of the garages, but I'm quite certain any uh you know, front doors, porches will also have uh safety
lighting um which is relatively close to the street just based on the nature of this development. And we feel that the lighting is adequate. Um Joe feels that uh you know he he's concerned that um it it should be embellished somewhat and
perhaps um additional street lighting and ju just as a for instance uh for discussion on that point is I live in a 52 home conservation subdivision so not quite as tightly packed as as this one
will be or close proximity of the homes to one another particularly with the multifamilies. Uh but but we have street lights in a very similar situation and of course the homes in in this neighborhood are much further back off
the road. Uh but nobody has ever had any issue and it's been my experience over the many years I've been doing this most of the people buying these homes don't want street lights on out in front of their houses all night. So that that's the other one that I think we should
really tangle with. I'm happy to address any of the other ones. Um but in in any event, that's kind of where we've been. So I think we've we've made the fire chief comfortable. Uh explain to him um the design and uh
weight capacity of the cross culvert that uh runs underneath the new exit lane. uh that is going to be designed to HS20 loading which basically facilitates 32,000 uh pounds per axle. Um he and his
his truck he said is 75 lb with three axles. So that technically that uh you know that that culvert could handle easily 96,000 lb. and the fact that the front of a of those trucks are
probably going to be lighter than the rear end where all the pumps are and and all the uh heavy equipment. Um but anyway, uh Chief Evans uh did did issue a letter. I think that Kristen uh submitted that and distributed that
today. Um so I think we are uh we are in good shape as far as that goes. Um, so in any event, I will put that either back to Mark if he has additional things he'd like to say or uh we could discuss the uh the road curvature and uh the
lighting. I'll leave that up to the chair and the board. >> Uh as will I, Mr. Chairman, if you want to deal with those two topics first. I'll have something to say about recent letter that came to the board from MDM and VAI's response on our behalf, which
is easy to take care of because uh Jeff Durk said that he agrees with MDM's comments and uh we'll accept any of the uh conditions that Bob Mishode recommended in his letter. So that I don't think there's any disagreement about that. So let's why don't we clear
up the two issues that Christian's identified here. >> Okay. Thank you, Mark, and thank you, Christian. Um, I'll turn to the board. Uh, Pete, do you have any comments on what's been discussed so far? >> Yeah, I do. But, um, Chris, I I just want to make sure I think there was a
third uh, uh, comment of concern from, uh, Joe under trying to understand the pump design. Uh it was under uh septic uh detail sheet 20 and 21 and it was comment number two where um the pump
design uh uh talks about two pumps with dosing two fields and sounds like there needs to be some clarification as to how that's going to work. He's given an example of what took place at Cricut Lane as well as what's taken place at 100 high. So, I don't know if you uh
wanted to comment on that. >> Oh, sure. Yeah. Um yeah. Well, uh I I I don't have uh direct information on either of those two projects, uh Mr. POS, but uh certainly so just just for the board uh very quickly, what the
design entails is a pump station with duplex pumps and the idea would be each of those will pump to two individual fields. Uh, I think where Joe got hung up was the fact that there is a
an automated switch mechanism such that if one of the pumps were to fail, the other one would dose alternately to one field and then the next so as not to overwhelm one. uh for just the period of
time that it took for the uh the homeowners uh and whomever they hire to do the work to either fix or replace the uh the nonfunctional pump. But we have um we're in contact with the manufacturer on that switch. I mean I
quite frankly, Mr. Pos, I don't have a huge issue either way. uh we can put in an additional valve pit um if that makes Joe more comfortable. But, you know, prior to doing that, we're going to present him with the um with the information from the manufacturer on
that automated switch that can can take either of those pumps and make them alternate their doses between the two fields. Uh and then we will we will follow through however he sees fit. >> Okay, great. I appreciate that comment. >> Absolutely. >> Yeah. you know, as far as the Broadway
uh uh goes, you know, I always tend to I lean into our peer review. That's why we have our peer review. Um and uh I I understand what you're saying that the speed limit will now not be 25, it'll be now 15 miles an hour because I think before we were talking 25 miles an hour
um which you know helps with mitigation and granted fire, you know, folks drive driving fire apparatus are going to be much more cognizant of how they're driving and where they're going than I think people who don't drive that sort of stuff. So, I tend to lean towards um
what his concerns are. Um with regards to lighting, um since we're going to be doing uh Doc Scar compliant lighting, the I would imagine the lighting on all of the homes will be very limited to just uh their stairways uh and to the uh to the to the lighting that needs to be
uh uh uh done individually. So, I wouldn't see a lot of that lighting uh expressing onto the roadways. At least that's the intent of the the dark sky comp dark sky compliant lighting with shielding. So again, I tend to lean
towards the recommendation of um peer review that since it will be a densely populated area, maybe some consideration for some random um uh lighting, maybe, you know, I I remember there was a lighting sheet at one point in time and
I haven't looked at it in a long time and I don't remember what the lighting projections were for the roadway. I don't know if you could comment. I I can share that uh Kristen if you are allow or you would allow me to do that.
Take a quick shot here. Okay. >> Yeah. See if you can now. >> Uh looks like I can. Hang on one second. Uh just u let me know if you can see that. >> Yes. >> You all have a visual on that?
>> Yep. Okay. Came up. Um, and let's see. I guess so pro. Let me just pan out first, Mr. POS, and I can um show you. So, here are the polemounted lights at the intersections,
obviously at the major corners. And then these are just the garage mounted lighting. Um, but you know, obviously there will be and now I can zoom in a little bit just so we can have a a peek at it. And hopefully you folks
can read this. Um, so you know, we we we still are carrying at most locations and I think much of Joe's concern was was for the sidewalk or children riding bicycles, which obviously would only take place during
the uh the warmer months. Um, and you know, I I think in this day and age, if if you're sending your kid out on a bicycle after dark or allowing that, you know, they're they're probably going to have a a light on it. Certainly, vehicles traveling down the road are going to have their headlights
projecting. Um, but yeah, I mean, you know, we're we're trying to maintain a a rural feel here. Um, and that that is where we ended up with. And and bear in mind we we didn't
actually specify and and conduct excuse me this this lighting evaluation. Uh we actually have a third party consultant Sharon Lighting and their lighting engineers are you know professional engineers that this is what they do day
in and day out. and um they're they would not produce something to me that they didn't feel was safe for pedestrians on the sidewalk, you know, or vehicular travel uh after dark. But if there's anything in particular that anyone on the board would like me to
zoom in on so that we can see more clearly uh what the projection of the the foot candles would be, just let me know. I can pan back out if you'd rather see the kind of broader view.
>> So Christian, I forget. Sidewalks on one side. Is that right? >> Yes. >> Yep. Sidewalks are are essentially driving in if you're facing the the subdivision road, they're on the left and they go all the way around that side
of the roadway. >> Yeah. and connect back here where there's a crosswalk that would connect to the uh back onto itself essentially. >> Right. Right. Right. So, um have you
>> I mean if you if you guys had specific, >> you know, requests of where you would like to see additional lighting, I don't think it's a major issue. >> Right. Right. So, just just stick with me, Christian, for a second. Have you been to Governor's Academy by chance? >> I'm sorry. >> Have you been to Governor's Academy?
Governor's Academy. I can't say that I have. >> Okay. U maybe take a drive-thru and take a drive-thru in the evening. Uh you'll see some uh down lighting along the along the walkways, which is actually very nicely done. Cast lighting just on the walkway. Um and I wonder if that might not create enough of an ambient
light uh in a downward projection. Um we haven't looked at lighting. We haven't talked about lighting very much in this project. And um I'm glad that we're touching base on it, but I'd like to hear what other uh board members think about those two aspects. Thanks, Christian.
>> Thank you. >> You're good, Pete. >> Yep. >> Um okay, moving on. Larry, any questions or comments? >> Just on on the um the horizontal um uh
road layout uh comments from Joe. I I don't think he was uh commenting on on um public safety access, but just that uh that that it might be a better a safer design. Um
hypothetically, uh what would it mean to bring that into compliance with his uh uh with his comments? Would it mean a major redesign of the roadway? >> Absolutely. because all four of those curves would would go from either the
275s or the 225s to I believe the standard for 25 miles an hour is uh 205 ft. So basically I guess we can leave this plan up here. All of these curves Mr. Murphy would
shallow up and and bite in that direction. I guess this one doesn't really apply because that's an intersection. Uh and that's that's much like the uh the connection that we're providing for uh Central Court, the reorganization of Central
Court as it intersects Central Street. Uh this again, I believe that's these two are the 75s. And you know essentially if you can picture what a the a radius of 75 at the center line a radius of 205 is probably going to do
something like this and like this on this side. So it it would uh obviously require a basically full redesign of uh of the grading and you know the roadway profiles uh probably shift houses here
or there. Um, but I I think that um I I think that what is what is common is um is that it just doesn't meet the uh it doesn't meet the town code. And and I
think our position is, you know, it really doesn't necess or shouldn't necessarily have to because it's a privately owned, privately maintained road. And you know, as I say, we we meet Ashtto for the expected uh design speed
and we've gotten information from the fire chief that that he's you know it doesn't have any problem with his emergency vehicles uh conducting whatever work they need to conduct up here. So >> now ashtto again is what remind me
>> uh that is the standard for highway and roadway design. It's a it's a national agency. It's what all the uh the traffic engineers utilize for their design standards. >> Okay. So, I guess I just want to make
sure I understand uh the issue. The issue would be that uh a vehicle that was traveling around a curve on a um on a hill would not be able to see uh for a certain distance uh
beyond the crest of the hill. Do I have that correct? Uh, no. I don't I don't think it has to do with the vertical. Uh, Mr. Murphy, I think this has more to do with the horizontal. So, as a vehicle would approach in this lane, and I guess actually for this scenario, the the
issue would more be the vehicles traveling on the inside lane and their ability to see in this direction. Say a vehicle sitting here, >> okay? being able to see an oncoming car over here. But again, they're in opposite lanes traveling in opposite
directions. So again, I I feel this is this is probably um an adequate design and and a safe design certainly. >> Okay. >> For a private I mean essentially what we're looking at is a is a private condominium road. >> Yeah.
>> Can I just offer an observation, Mr. Chairman? >> Yes. Go ahead, Mark. There are peer reviewers and then there are peer reviewers. In in my years of doing land use reviews of this sort, the paramount peer reviewer is always the fire chief.
You you can't even argue with the fire chief because he gets the last word. And Chief Evans in his November 5th letter has said that this is safe. I'm looking at it right now. I've got it called up
on my screen. Um, so in a situation where there are two people with a slight difference between them, I think it's safe to go with the fire chief. >> Okay. Thank you, Mark. Go ahead, Larry.
Any other questions? >> Turning then to the lighting issue for a minute. Um, I don't know if this helps or or confuses the issue, but there there is a provision in the bylaw >> and I think it probably relates to the uh more to the exterior lighting of the
individual units, but I wonder if might help us with this and I'm I'm reading here um I'll read it verbatim. Light levels for exterior lighting shall meet or exceed the minimum design guidelines defined by the illuminating engineering
society of North America and shall provide illum illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of sky glow. The color temperature of exterior lighting should not exceed
3000K. Does that help us at all to to come to grips with the lighting issue that that standard? >> Well, it it it may, Mr. Murphy, but that is above my pay grade, and I would have to uh consult our our lighting engineer
uh with that information. I'm quite certain that is that is probably the standard that they design by uh because I think that's what governs their license, much like Ashtto kind of governs the design criteria for traffic engineers. Right.
Thank you. That's all I have with you. Yeah. >> I'm happy to have a conversation with them and and you know, discuss that with them. Send them that language, Larry, and just just get a response from them and, you know, ask them if if >> Well, I mean, if if what you if what
you've designed conforms to their uh to their standards, then I you know, I think you've met the bylaw requirement. >> Okay. Thank you, Larry. Um, Scott, questions and comments on No questions or
comments. >> Okay. Um, Steve, any questions or comments? >> You're still muted, Steve. Okay. No comments. >> No comments. >> Okay. Thank you.
>> And um I the only comments I have is uh as Peter said um and we we dealt with it with a walkway that they put in at Governor Dama. Um I've been through there at night multiple times. It's a
cut through to get to the back roads to get to my house. Um the lighting there is very tasteful. Um they put it in for safety and there was concern that u on the walkway lighting that you know it being on all the time
would um interfere with natural habitat. But that being said, it's very tasteful. It only illuminates the walkway. And I encourage you to maybe look at some of that. Uh >> yeah, as I said, Mr. Chairman, I I'm
happy to have the conversation with the um >> with the lighting engineers and uh it very well may be they're they're pretty well uh used uh in the Northeast. They they may may well have been involved in the recommendations for those as well,
but I I will definitely follow up with that and um certainly, you know, obviously respond and and edit this uh as as they see fit. Okay, thank you. And um I don't have anything else right now. Um
Christian um do we have any other departmental any other new departmental comments before we proceed? >> Um so Mark mentioned we did receive the written comment from the fire chief
today which has been shared with everybody. Um it's not yet on the website. We just today the town just launched a brand new website today. So I welcome you all to celebrate and learn how to use it with
us. Um but uh but we'll be getting that update on um and I do not believe other than the traffic um the final traffic review from MDM and the fire chief's comments. I think
those were the only ones in addition to the peer review. And we have no other new written um public comments. Correct. >> Correct. >> Okay. Um All right. A is there anything else the
board would like to touch on? Um I just had one question about the lighting. Can you um Christian just scroll up to the areas closer to Central Court and Central Street? >> Yep. Do you want me to zoom in on that Kristen or is that good?
>> Um that's fine. I >> Yeah, I I appreciate that, you know, Joe's comments about lighting sort of raised this to our attention and that we've had this discussion. I I think it is something we haven't um spent a lot
of time on over the months. So, um I think it's, you know, I think it's a helpful discussion. I I do uh sort of appreciate Christian your comments and you know we were all talking about the
moon earlier but I I think we do like that we're a somewhat rural community and like darkness and that's why the town was interested in making sure that site plan review talked about dark sky compliant lighting. So I think all of that is important and I I think it is a
balance between you know, safety, um, and liking the sky to be dark at night. >> Yes. >> So, I I think pointing out the location where the larger pole lights are is helpful to me. And it, you know, it does
look as though those are located, in my opinion, it looks as though they're located in the areas that would be of most concern about lighting. So, um, it's a balancing act. Okay. Um,
please speak up if anyone on the board has any additional questions. I'll speak up now. >> Mr. Chairman, can I address uh the draft decision that was circulated about an hour and a half ago? >> Yes. I was just that was my next thing
out of my mouth. >> Well, I we first of all, we appreciate it very much. Thank you. Uh, it's great to have a copy. I have glanced at it. I haven't read it all, but I've particularly focused on the conditions. It all looks entirely reasonable to me
so far, but as I was joking with Jerry just a second ago, I get paid by the word. So, I want I want to take a chance to read it, not to just skim it. And I also have to be in Methuan at the city council. My client is texting me that
we're two items away from being called. Um, so I and I know Jay's not here because we spoke today and he told me he wouldn't be able to make it. So with your permission, um, what I'd like to do is talk to Jay about the decision. You
know, maybe there's a rough edge that I didn't catch the first run through. Um Jay and I have been working very cooperatively on it and then uh he can get back to you as far as anything that I flagged. I I don't having looked at it, I don't think there will be
anything, but I again I I didn't have a chance to read it in any way thoroughly. So >> Okay. >> And and with that, I'm probably going to ask for your forbearance because I do have to go to Methuan. >> Okay. Very understandable, Mark. And
thank you. But we know it came in last minute today. So >> yeah, and I'm I'm not driving Tim to I'm zooming. So with that, um I'll look forward to getting the news from Mike and Jerry as to what you're going to do about u the decision. But I would urge
you uh at the end of u my speech here to close the public hearing, please. And you have, I'll remind you, until the 24th to file the written decision with the office of the town clerk. That was our agreement last time. >> Yep. >> Thank you very much, Mr. chairman.
>> Yep. >> Do we want to go through the decision now? >> I'm asking the board. Kristen can put it up on the screen and go through it. No. Does everyone want a chance to
review it and we'll do it at the next meeting? >> Looking for some input from the board here. >> Yep. >> Oh, go ahead. >> No, Christian. Uh Kristen, can we put it up on on the screen the uh >> Yep.
>> I can. Yep. you know, um it's a lot folks because you know, um and first off, uh Christian and Sadi, thank you so much, uh from our medium yesterday to today as to the evolution of how this uh thing flourished. It's it's it's very
impressive. Um there's a lot in this, but I think, you know, uh just kind of going through the highlights, it's important to do. Sure, I'm happy to. Um I do um
Woody, I just want to mention I I know we talked about that there haven't been any written comments, but there are there it does look like there a few members of the public on the meeting. So just um want to make sure we do ask if
there are any people on the meeting who want to make comments tonight. I sort of forgot to talk to you about that. >> No. And I forgot as well. Um, let's do that right now. Um, are there any raised hands from the public? This is an opportunity for public comment.
>> Um, there is a raised hand. Yeah. Uh, Nino Scoder. >> Okay. Please, uh, state your name and address and say your comment or question please. >> Yes, it's Antino Scary at 3 Central Court. Um in a previous meeting I had
mentioned um you guys Christian had mentioned uh planting trees behind one of the buildings um towards the Parker River. I'm still very concerned with the Leechville locations um and basically how that's going to
open up my whole backyard. um and was wondering if possibly um in that lighting um diagram that you showed Christian um near field one
it seems really close to my property and you know my backyard. So, I was wondering if maybe some baby um arborites something, you know, 15 feet because I have a uh threeseason room that we spend a lot of time in and that's going to
just open up that whole area. Is that something that could be possible? You know, because um like I said, the the leechfield, I don't know how far from the property line it is. and how much right now there's like brush which
kind of covers my three season windows. Um if that gets removed for the leech field it's going to be wide open and >> can we get a visual on that Christian? >> Yes.
>> Yep. Um let me see. I don't think I've been stripped of my ability to share here. Hang on one sec. Where has that button go? There we go. Hang on one second. Sorry about that,
folks. But I think this is this is the actual grading plan. Um, so yes, we're we're probably within five feet of that property line. Um, question being, could some plantings,
you know, be be added in here? I guess there is a break in the tree line that kind of wraps around. That's the existing brush I think that Mr. Scader is is discussing. Um I I don't see why
we couldn't add a couple of uh of plantings in through here. That's that's certainly not >> Yeah. That basically this whole side between septic field one and two. Like that's my whole backyard. And if all that shrub, you know, brush is going to get removed.
>> It's it's going to leave my backyard wide open to >> to that whole development. >> Yeah. And I don't think as we get into field two, Mr. area, it's it's going to be as prominent as it would be with field one because they're, as you can see,
they're kind of angling away from your property. >> Um, but but certainly we will we will review that with our landscape architect and uh come up with some some sort of screening, you know, planting scheme uh that that should be uh a beatable to
everybody. >> Yeah. I mean, like I was saying, something that's maybe like 15 foot high. I don't want big big, you know, pine, you know, >> right? Nothing that's gonna grow into a wind thr I have a ranch and, you know, basically like from that little box, I
don't know, maybe like 20 feet in from the corner of my property, that's that's all wide open. That's all windows. It's a basically four season room. Um, so >> yeah. And again, that's very close to this property boundary. So, you don't
want something that's going to be too tall at a potential uh wind throw issue. >> Yeah. >> In that direction in a in a heavy storm. So, yes, that I' I've made the note. Um I will uh I will have that conversation with our landscape architect and that
will be added to the final plans. Christian, just for clarification, can you just can you move with your cursor and maybe create a highlighted line just so we know where the plantings are going to be? >> Yeah. Let's see.
I think >> here we go. >> This will do it. Highlight. So, the tree cutting there. So, my my thinking Mr. Panka Whoops. What am I doing with that? Hold on. That's not correct.
Let's try this. I think the plantings would go something along these lines because I believe down here there's there's going to be, you know, much of the existing vegetation is going to be left, but something like that. And I know that's not a very nice
looking tree line, but I don't draw very well with my mouse, but I think that green line gives you the idea. >> Great. So you're gonna wrap you're going to wrap around one and come all the way down to just >> Yeah. in in between two and three.
>> Okay. >> Christian, what is the dimension between my like my property and the the Leechfield area? Like is that is that 15 feet from the property line or
>> I believe the closest corner of one is 10 and then it widens out from there. Okay. So, right basically at the top corner is 10 feet. >> Yeah. Right. Um I wonder if I can change Well, no, I can't really change that color. Right from basically this point
here, Mr. Scooter, if you can see that >> that that's 10 foot from the property line. >> Yes. Yeah. >> And then do you know what the dimension was from there to my prop to like the my building? Was that another 10? >> Well, if I'm I'm I don't off the top of my head, but if I'm guessing >> another 10.
>> Uh maybe another 10 feet. Yeah. there. >> It It looks pretty close, but you're you're building maybe two feet closer than that to our property line. So, I would say somewhere between 17 and 20 ft. Mr. Scaderi.
>> Yeah. Okay. >> Thank you. So Christian the highlighted line um you know could you estimate you know what the
linear dimension on that line would be just a just a ballpark. Um let me see if uh unfortunately it is not easy to to measure with um
I have 92 feet. >> Yeah. Let me try one thing. See if I can accomplish that. I've got my AutoCAD open in another uh another window here. Let me just quickly
do that. Um and I can get that answer for you. So, we're talking about right where that meets. Just need to list this. So, that is approximately 120 ft.
All right. You mentioned a couple of plantings. I think we would probably need more than a couple. Um, and just a question to I guess the board um or even Kristen,
would it be appropriate for the applicant to meet um with Mr. area um to you know after um or maybe even along with their landscape architect so that um um you
know we could um in the spirit of time um really get the the neighbor the above and the applicant on the same page with an agreement that um would be uh um really conducive for both uh parties. I
mean, would it be, I guess, appropriate of the board to suggest that to happen, >> Scott? I think that's a great idea. I think that's a nice way to to address this. >> I I think that would be fine. And I I
sort of related Christian. I just I there's another sheet that's the landscape plan which >> probably like I was just taking a quick look and I think there could be some updates related to the septic area. It
looks like that's um yeah just the this particular sheet hasn't been updated since the septic right has the old field >> configuration there. Yeah. So, I think
it would be helpful to have this page um show the buffer area in the same way the updates have been made on >> Well, yeah. And that's exactly what I was thinking, Kristen, is we'll just have this uh this be utilized, you know,
get her the the correct uh configuration of the leech fields at this point with the grading, etc., and have her make a proposal and then certainly I can send it to uh you know to your office um and to Nino directly or if you prefer to
have that go through you to the abutter that's fine and then if uh you know there's any conversation I think that or that needs to take place um you know we can certainly uh coordinate a time that uh we could get together and the three
of us have make sure that everything is squared away to his satisfaction Sounds like a great plan. I I would encourage that. Is Nino Nino Neo still on? >> Yep. >> Yeah. So,
>> I'm Yeah, I'm happy to make the connection. >> Yep. Very good. Thank you, >> Woody. If I may. Um, >> go ahead, Steve. >> Question question to Kristen. Do you think the board of health would have an interest in plantings adjacent to the
leech field as well? >> Um, yeah. I mean, I think it is a question I have and I hope that, you know, the professional landscaper that Christian's working with can just be
sure that it's it's all okay in terms of planting there. But that's certainly something that we can talk with um and again Joe Surwaka is sort of serving as the board of health proxy for this project. So
it's something we can talk with Joe about as well. >> Right. For my annunciation I should say Kristen with a K versus Christian with a C. And uh I don't know if uh you Kristen with a C have any comments to make it about that. Uh, I mean, you know, I
believe there's plenty of room in there and, uh, certainly some of these trees with the smaller uh, canopy diameters are going to project shorter roots. Um, but, you know, again, I'm not the
landscape architect. I will I will work with Lee Mcnotton and um, I'm quite certain she can come up with something that is that is going to be suitable. I mean, and and Mr. McKin uh Mac management if we need to avoid the
corner. Did I did I but butcher that name? >> No, not at all. The Mac is my middle name. So >> Oh, I'm sorry. So it's just man, >> right? It's an artifact picture on the on the screen. Uh if if we need to avoid the very corner that
is, you know, basically 10 or 11 feet away and back off until the the trees are far enough away from the leechfield that they would um you know, they would be suitable. Uh that's fine. Um if if uh
you know, Mr. Scary was immuneable to it. Another option would be to plant the center of the trunk right on the property line, which again would pull it somewhat away from the leechfield itself. But, you know, that's really the only location. I don't think where it
where it tapers away from the property line is going to be a problem because I think there's going to be plenty of room there to get a planting in that's that's not going to have roots that that try to grow into the leechfield. But again, that's that's all speculation on my part as I am not the landscape expert by any
stretch. >> Thank you. >> Okay. Yeah. Thank you. And uh to get the ball rolling on that would be great. >> I will do that. >> Yep. All right. Um
>> can can I can I add one more thing? >> What? >> Yes. Go right ahead, Nino. What is what is the uh town bylaw for um leech fields from from properties from abuing properties? That's >> 10 feet. >> Is it 10 feet? Is that what the town of
Newberry is? Does anyone >> that's town of Newberry and title five? >> Okay. even for a system this size. >> Uh yes, because with these systems, the the the effluent is treated as it exits
the the bottom of the uh the bottom of the leechfield tubes. >> Okay. >> Okay. Thank you. >> All right. Thank you, Neato. Um Kristen, any other raised hands from the
public? >> Um I'm not seeing any at the moment. >> Okay. So with that, and if there is anyone from the public that wants to comment, please raise your hand. But with that, we'll move on to the decision
unless someone from the board has anything to say before we do that. Okay. You want to put that up? All right. >> Can you see it? >> Yes. >> Yes. A little bigger.
>> Yes. That would probably helpful people that need to read it from the screen. Um, so I'll just charge ahead and if there's any guidance on how quickly or slowly we
want to go over anything, just shout out. >> Sounds good. >> Y right ahead. So just you know a reminder to everybody this is um there are sort of two sections of the bylaws that of the
zoning bylaw that we're using for this project. One is our regular level two site plan review. Um so that has certain standards that the board um considers relative to conditions for approving a
project. And then more specifically, it's the multif family overlay district which also has a whole, you know, three or four sheets of design standards. So that's the framework for this um decision. And I kind of
uh it's like many writing exercises, there's sort of or legal documents, there's sort of a front end, a middle, and a back end. So we'll just kind of frame it out that way. The beginning essentially just describes what the
project is, all the all the um details about um the initial project description about the property um description. What are we talking about um is being built.
So that's just two or three paragraphs there. Kristen, >> on that that section of the project description, the third paragraph, there's there's a small typo there. There's a reference um I think on the
fourth line to central court and the C and central should be capitalized. >> Yes, thank you. >> Um let's see. So the procedural history sort of talks about when the application
was submitted and filed um how it was distributed. These are all you know procedural items that are required by the bylaw. Um it describes the public hearing dates and peer review. We may
have this needs to be reviewed again with a fine tooth comb. So there may be some additions to these lang this language. Um the submitted materials and information is quite a list. Um Sadi's
been especially great in helping track everything. We also will be reviewing this again to make sure we caught all the details of everything that has been submitted. So we kind of get into another layer of the alphabet here all
the way up to Um, double. Oh, no. Triple triple E. That might not be We don't want to think about triple E. So, maybe we'll find
some more items in there. Um, okay. And then we sort of get into the the good central section of the decision. These findings um were primarily drafted by town council. um to address um
it's sort of the main framework that the board is approving this project. Um I don't know if anyone wants to discuss any of these. You're welcome to send me small words
smmithing comments if you have them or more substantive comments. Um and we can certainly as Mark mentioned um Attorney Tyler was not available had a conflict tonight but is happy to follow up with the board on any of this language.
And then the conditions of approval are where we try to address everything we've talked about during the public hearing. So um there are sort of standard conditions that every site plan review decision has. Um some of these initial
things uh about site plan shall not be construed as approval from any other board, commission, official or department. There are a number of things with this project that require approval through other boards and committees, most notably um board of health
approving the septic conservation commission approving the wetlands uh notice of intent and um the select board and with the support of DPW will be involved in um the off-site improvements to the roadway and sidewalks and things
like that. So, that's an important one. Um, and then I guess sort of by letters D here, we get into some of the more specific details of um,
for instance, the off-site improvements. Um it's probably worth saying in some projects we have um I think the board has been accustomed to having the the discussions with other boards and committees occurring simultaneously
or even um not just start but be completed before the time that we're approving a decision. So that is a different case. So the way this uh if for this project so the way this um
condition is written is to say that um you know the select board needs to review all these things. Um there's a utility poll in the middle of what we will want to be the realignment of central court. That's something that
will require approval by the select board um and working with national grid. Um and then you know this final section is if the applicant is unable to obtain
approval from the other boards um it may come back to it's it's required to come back to the planning board to have a discussion about um you know how to modify the plan um in the way that is suitable to the town or
amendable to the town. Um, so I'll just kind of pause for a minute and just see if the planning board, if any of you have any questions about sort of the way some of these conditions are being structured. It's identifying that
there is work that still needs to be done, it must be done. If it cannot be done, we'll be seeing them again in this venue. Nothing jumps out at me, Kristen, but if anyone else has anywhere
through this, please speak up. >> So, letter E in particular is about, we've talked a lot about this option B. Well, it's actually our primary option is the egress route to central court. Um, and that will require approval by the conservation commission. um the
applicant is um started that process with the commission but has continued I think to the December date with the commission. So that's you know our I think expectation is that will happen immediately and as soon as
possible get uh going again with the commission. Um, so we're addressing, you know, explicitly that all all the roads and improvements need to meet the requirements and regulations of the fire
and the code of the fire department. Um, storm water, septic, um, there's some conditions related to water supply. Um Christian could probably answer any
questions if we have them, but my understanding is the project is going back to the Biffield Water Commission board I think next week um for further discussion about um that you know approval. The the Bifield Water District
is still um reviewing plans with the applicant. >> That's correct. And um yeah, at this point um you know the the determination of exactly the extent of where that AC
uh water mane is or if in fact it is AC um which is just as best as concrete uh for anybody that's not familiar with that nomenclature uh has not yet been fully advanced and uh I believe the next
meeting with them is on the uh the 12th of November. Great. Thank you. >> Thank you. >> Um so as we know the the MCMOD bylaw requires um that 10% of the multif family units are um
formally deed restricted to be affordable units. So that's what this language um sort of mirrors what's in the bylaw and how that procedure would move forward. >> Yeah. >> Oops. >> Subsection A. Can you go back to that?
>> Yeah. >> Uh where it describes the unit. You have one one bedroom, two twobedroom, and I think that should be one threebedroom, shouldn't it? >> Right. Yeah. >> Thank you. >> And a couple of couple lines down in C County is misspelled.
shall be recorded at the Essex County missing an end. >> Excellent. Thank you. >> I'm going to double check these as well because I know there's been some changes so I'm not sure. Um I've checked on
those which actual units. >> Very good. Um, so we've talked about lighting. Um, >> Kristen, can I back you up for a minute? >> Yep. >> To uh
G. Um, I little section G. >> Mhm. Is it would it be an issue for the developer to have to you know construct an affordable unit in each phase as opposed to something could
come up and uh in an individual phase may not involve an affordable unit since they're only in four buildings and I'm not quite sure what constitutes how big a phase has to be to be a phase.
So, I can imagine a building being built in one phase, but it could be one without an affordable unit. And I'm wondering that's sort of a making up an issue that doesn't exist for the builder. So, maybe Kristen with the C might also have a comment on that.
>> Yeah, >> it's an interesting comment, Steve, because further down in the decision on actually it says that all affordable units must be sold prior to market rate units. So, we might need to to kind of figure out where we are with those two
uh positions. >> Yeah, I would agree. And and bear in mind, you know, Mark Babroski has reserved his opportunity to review this in detail uh and, you know, work through some of the questions that that may rise
when he does his review uh with both Kristen and uh and town council. So, that that makes sense to me. Mr. us. >> Yeah, I think this this comment that wasn't really showing up that um that uh
attorneyate town council put is that um all of the affordable units shall be completed and sold prior to the sale of the four or the the final four market rate units is what he's suggesting. So,
I think it's I think the idea is you can't save them to the very end, but there's certainly we can work with them. I don't know if you know Jerry and Mike know yet. If they have an idea of the
phasing, then we could certainly sort of work in more specific language to this. There's also an issue or there there's it's worth um considering because affordable units generally are um have a
lottery related to them, right? So, it's it's a little and the lottery is sort of in a whole administrative process with marketing and deadlines and that kind of thing. So, it often makes sense to do four do the four together and then, you know, phase out the actual um when the
units are built. But um anyway, yeah, appreciate the comments and there's probably some sort of finalizing language here. >> Yeah, I can imagine that if uh the buildings are being phased, it's kind of difficult to have the lottery for a
building that's yet to be built and could encounter delays for whatever reason or the successful lottery winner might move on for some reason. Maybe they get a job and move to Austin so they're no longer the lottery winner.
But again, I'm just blue skying, so forgive me. >> Yeah, Jerry, I see your see your face, dude. >> Yeah, I can comment on that. Uh I can throw my two cents in. We um I'll give an example. It's pretty similar development. We did a 45 unit uh condo
uh project in Sterling, Mass. And we didn't phase it. We built all the units in 18 months, soup to nuts, and we had people moving in and they were 100% done. And the and the affordable units were spread out within the I think there
was 10 10 or 12 buildings in that. So, it's very similar to this particular project, but the but the market conditions and the absorption rate will dictate whether it gets phased or not because we don't want to go build 44 units if the sales are not going to keep
up with that. I hope that helps out a little bit, but we're we're willing to phase it whatever the board prefers and whatever Mark and and um the town council come up with. >> Sounds good. I just thought I'd bring it
up since uh this planning board member was scratching his head over the issue and wanted to call it to Mark's attention as much as anything. So thanks. >> Yeah, that's helpful um input. I think it it probably depends. So, we we want
to have as much specificity as we can, but knowing that things can be modified. Um that's great. Um exterior lighting we talked about um
there's some conditions here related to some of the um uh concerns I think that the community raised when approving the MCMOD bylaw that we know the Parker wershed and
water supply is is a a stress water resource. there is water and that's what the Biffield water district is in charge of uh you know reviewing and approving. Um but we do want to know that as much
effort as possible is being done to be water efficient with this multif family project. Um, uh so that's where this some of these sections come in. And if anyone has questions or
comments, I'm happy to, um, you know, work work with everyone to make that comfortable. Um, >> oh, Kristen with the K. um when you get down to KF talking about the foregoing requirements
are incorporated into the homeowners association documents have we said somewhere above which I haven't seen that you know there shall be a homeowners association or is that a separate document for the development it seems >> yeah
I think it's that's a good that's a good observation and question because I think it's comes later the the bullet about the homeowners association. So we we can make sure this is written to reference where or we can move the homeowners up
so people that's a good one >> or reference it as you say. Thank you. um similar items about the landscaping just you know making sure the plan is finalized. Um I again appreciate that we
kind of talked about that tonight because I think there will be a few modifications to that sheet that will be important. um making sure the plants survive through the two growing seasons I think is pretty standard condition with um you
know especially the conservation commission is often working with um applicants on um assuring that you know planting is survives um open space and trails um
I didn't know I I guess you know just for all of you Christian Jerry um just make sure is if there's any other detail related to the open space on the property you
know there's currently boxes that say you know play area or playground area. I don't we haven't had a lot of detail about that. So, I don't know if that's something the board is interested in hearing more about or if there is any
additional language that should be incorporated here. Um, let me know. >> Yeah, that that's fine. I mean, I think essentially those uh those area the the park areas in particular, I believe are just going to be relatively level um you
know, grass areas that people can take their kids and and you know, play uh have them ride their big wheels, whatever they want to do there, uh have picnics, etc. um specific to play
equipment. Um I wasn't I don't think any of that's been or contemplated for those areas. Uh nor is fencing or screening uh as far as I'm aware, but I will defer to Jerry if he's got a a different opinion
on that. Um, I' I would like that to be part of the condo docks that the if there are certain uh like you know play equipment to be installed that gets an approval by the condo trustees that are appointed.
So things of that nature I think are you know should be the owners should have weigh in on what actually if there's any equipment or they want to put a gazebo there or you know whatever happens in those play areas but um I think we can
we can actually detail that comment in the condo docks >> because probably the homeowner so the homeowner ducks will be established before you actually have residence. So, there will be some
uh oversight that I guess you have, but >> yes, there'll be uh rules and regulations have to go along with the master deed. So in the rules and regulations, it's going to it'll specify what's allowed, what's not allowed, you
know, what what you can do and what you can't do and what you need permission from the from the board of trustees to do. So we have to establish you know a lot of it's boilerplate and these similar condo associations but um there there are certain rules that go into
those and and uh those will be established and submitted to the um uh the board prior to us um prior well you have to have them prior to the first occupancy permits. any
input from the board about any of this? >> So, what I'm hearing is there's not a plan play playground. Is that right? There isn't going to be a playground structure during the construction as part of this construction process.
>> Yeah, that that's right. as far as I'm aware, and again, Jerry can correct me if I'm misspeaking here, but um it it was uh I believe it was the intention, >> you know, as of construction to simply create nice grass areas that that families can go to, kids can go to with
their friends um in the neighborhood and uh utilize that uh that area. >> Okay. But there will be a fence area for for dog for a dog work dog park. Dog park will definitely have a fence. Yes, sir. >> Okay, cool. Great. Thanks for the
clarification. >> Um, letter N, uh, construction management plan. I think this is a pretty important one. Um the construction management plan would address all phases of construction
including schedules, trucking routes, demolition, vegetation removal, ledge removal, erosion, sediment control, snow storage, any other items commonly included in a construction management
plan. Um there certainly was in my memory of some of the early public hearings that we we certainly heard from some of the neighbors to this property um concerns about you know these issues
demolition um pest management I remember was brought up all of these will be you know there's regulations from board of health and from the building department that will are, you know, regularly a part of the construction process. But,
um, just wanted to kind of describe that to the planning board that that will sort of this is a bucket for a lot of stuff. So, a lot of stuff that's been talked about in the public hearings, I should say
this item. So, we want to make sure that this is comprehensive. Kristen with a K. Uh, I'm just wondering if for all time instead of simply saying the board, we should say the planning board. So there's no doubt
what the board is. Again, it may be commonly understood, but I'm just wondering whether it makes sense to say the board use the term planning board. >> Sure. Yeah, we can check on that. >> Yeah. >> Couple of
Yep. >> Yeah, it's a good point. There are other boards. >> Yep. >> Um, okay. Home homeowners association documents. We talked about that a little
bit already. Um, uh, this is a private development with a homeowners association, so all infrastructure shall remain private. Um the legal documents will need to include
things like um you know regular inspections of the septic and things like that that are important um to to name uh performance guarantee. We're familiar with this with every project. There's um
this part of our bylaw and mass general law that the the um developer secures the um value of the property with the town. So there's process related to that. Um and then when the
construction is complete, there's a process to releasing the performance guarantee. um put some hours of construction in here. Um we'll
look at um I don't actually recall what the standard is, but I know it's um not too early in the morning. We don't want trucks out there starting at 6:00 a.m. recording this decision. Um engineering
review can continue in terms of um future inspections. Um another item about inspections. We some of this may be kind of just edited to include everything, but maybe
we can get these two in one bullet. um enforcement penalties, a lapse, site plan approval for a project shall lapse after 2 years. That's standard language. All of this stuff at the end is pretty um
boilerplate from any site plan review that the town has approved that the board has approved. And then modifications must require the applicant to come back to the planning board. Um
and completion process of finalizing uh the approval of the completed project. That is a run through of the draft decision.
Thank you, Kristen. Um, >> that and there's there it's a great start for sure. Anyone else have any questions or comments on anything that we've now that we've gone through this
>> Kristen with a K. I seem to recall that the select board one time talking about our construction hours and what made sense and they may have already made some recommendations regarding other projects
about when he could start up. I think Jerry's comment that uh in a perfect world you'd build everything out at the same time eliminates the concerns about a phase construction project. But I'll be interested in seeing what the
select board has to say about start and stop times. >> Yeah, I don't recall in the past what we use for hours, but I know I just don't recall right this so I don't want to say anything incorrect, but I know that we had hours in the past on other projects,
so it's just something we're going to have to look up and pluck in there. Steve, if I said that correctly, Kristen. Yep. >> Correct. >> Yep. We'll use We'll use what's standard across the town. >> Yes.
Um All right. If there's no other questions or comments from the planning board, um I'd like to pull the board. Um, would we like to continue this to the next meeting so that we can review the
final draft or would we like to close the public hearing? And I'll start with you, Larry. What What do you think? It It's always been our practice to keep the public hearing open until we have a
final decision before us. Um, but I'd be interested in the opinion of the other board members. I mean, if if the the majority of the board felt that it it was appropriate to close the public hearing on this, I' I'd be okay with it.
>> Yeah. All right. Scott, what do you think? >> Um, I think the past practice has uh worked pretty well. Um, you know, this is
I think a little different in that, you know, it's the it's a deal under the u the MBTA um you know, zoning regs. I uh I mean I Mark um still needs to
still hasn't really reviewed this. Um still needs to review it, comment, come back to us. Um I think um continuing the public hearing,
you know, for to the next meeting uh might be appropriate here. Um, and it might um it might push um really both sides to just get things all tuned
up and uh tidied up and and clean. Um so we have a really a cleaner decision. Um and I'm I don't think I mean what's the date today? Is today the >> I believe. Yep.
>> Yeah. So, I would think and I would def defer to Kristen. I think we'd still have time, you know, to have our next meeting, close the hearing, and we'd still have time to we do have holidays coming up. And what's the end date on
this? >> It's the 24th. So, it's Yeah, we have I mean, we have one more the board has one more regular regularly scheduled meeting on the 19th. So, I think unless you were
to want another meeting, um that would be the date to review the final decision and close the hearing and approve the decision on the 19th. >> That would be next meeting.
>> Yes, next meeting. >> My thoughts. >> All right, Steve. >> Yeah, I'm inclined to keep it open. Uh Mark Babowski is effectively going to be making comments and in that sense the
document is open for public comment. >> Very good. And uh Pete, I'm sorry I forgot you. >> That's okay, Woody. I don't feel offended at all. Actually, I like this. Um the the the tone that I've been hearing is that we
should probably keep it o open. Uh do a little more finetuning. Uh the draft is in, you know, it's a it's a good foundation piece, Christian. I think you can feel comfortable with that. I think um uh something that came out of just tonight was this uh this buffering that needs to take place. I'm glad we were
able to do that and we'll have a little bit more input onto lighting just to make the board feel comfortable about that since that's been brought uh up for discussion. So, I'm I'm I'm in favor of uh keeping it open, plugging ahead and getting the the draft all tuned. Yep.
>> Very good. I agree with you all and on that note I would entertain a motion continue the publication. >> Mr. Chairman, if I could interrupt briefly before you move to uh continue. >> Um >> go ahead. >> So ju just want to make sure I am headed
down the correct path with the two questions that I had at the outset of the meeting. >> Uh so I'm going to discuss the language that Mr. Murphy brought up that is in the code specific to the lighting with our lighting company. And if if what they come back with is
yes, we comply with that. Uh if I get them to draft a memo, is that going to satisfy the uh the board members? >> I Yes, it would be. I can't speak for everyone else, but yes. >> Okay. And and then the second piece I
think we got to uh is everybody comfortable with the fire department review and being okay with the road radii on those on those curves in particular the interior road curves.
>> If you have if you're sure to post this at 15 I think then that should going to be your solution reducing the >> I'm sorry Peter I I missed the first part of what you said. No, I think if you if you for sure post this at 15, uh, that's your solution. The only other thing that came to my mind is, you know,
when people park cars, you know, and they create obstacles on corners. And I don't know if you want to do some lining, you know, to avoid that um, you know, so that those corners can be kept visually uh, free, >> unencumbered.
>> Yeah. Yeah. So, I don't I have I I would leave that up to you to kind of make make that suggestion or recommendation. >> Okay. So that and and that's fine because I think that's that's been the intention from the outset. As I say, you know, this is um I mean it's going to be a very tight-knit community, I would
assume, and people are going to drive, I would I would presume very respectfully in there and just from, you know, experience in my own neighborhood. If they don't, they get called out. We have a 52 person email list for the entire
neighborhood. And if somebody's driving faster than the mark speed limit, they're going to hear about it. But I I appreciate that. That gives me uh that gives me my target and uh we will uh we will proceed forward in that fashion. >> Thank you.
>> In the uh screening accepted, >> I have one comment. Woody, can I make a comment? >> Yes, go right ahead, sir. >> If I may. So, um I'm all uh fine with everything the board's talking about and my I have a question for the board
actually and if the conditions are all agreed upon and by town council, the planning board and our attorney uh by the next meeting, we're under certain time constraints uh we have in place. Is is it something that the the board could
do where they could close the public hearing and vote the same meeting? Is that something that is possible? >> Sure. >> Yes. >> That's our usual practice. >> That's my question. >> Yeah. >> Yeah. We like to keep it open during the decision. So, >> very good. Thank you.
>> For example, that allows us to to take further information uh you know, from your lighting. U if we close the public hearing tonight, we couldn't accept that, I don't think, >> you know, a letter regarding the lighting. So, that's that's really the reason for keeping it open. and and don't don't feel that we're treating
this project any differently. We we do this with all of them. >> Okay, good. Just a question. Thank you. >> Thank you. If no one has anything else, I'd entertain a motion to continue public hearing to November 19th at 7:15
via Zoom. >> So moved. >> Thank you, Scott. Second. >> Second. >> Second. I think that was Steve. Thank you, Steve. >> Um, roll call vote. Peter, >> yes. >> Larry,
>> yes. >> Uh, Scott, >> yes. >> And Steve, >> yes. >> And I vote yes as well. Thank you, Christian. And thank you everyone. >> Thank you all. And we'll see you in a couple weeks.
>> Yep. Have a good night. Moving on. All um all business. 100 High Road definitive subdivision review and approval of F-1 performance security agreement property owner 100 High Road
LLC applicant Tom Nevie will not be in attendance here and I am going to recuse myself recuse from this project and I will turn it over to Pete. >> Thanks Woody. >> Thank you. >> Uh Christian, do you have uh Christian Kristen?
It's going to be that u do you have any an update for the board uh on the project uh explain the request? >> Yeah. Um yeah uh Mr. Navy apologized for being unavailable to attend tonight but was um comfortable. I've talked with
him. Um so the form has been um you've all seen it a couple times now and it's been reviewed by town council. Um so that the only edit made to the form was to um we double checked all the
book and pages and there was one um edit on on that but the um the so this is the approval of the performance agreement. um the uh spreadsheet that itemizes the
cost related to the construction of the uh private road for the subdivision um was reviewed by uh Joe Swaka. He suggested a line item be added for the aselt plan. Um Tom agreed it would be
fine to add $5,000 in for that and then a a line item for a 10% contingency. Um so I need to I can share that. I need to bring it up.
Um what the total is now for the performance guarantee. Sorry. Switching gears. So um this I shared with you all by
email already but if there are any questions related um again this has been reviewed by our engineer um and those two line items were added the $5,000
and the 10% contingency. So the value of the um it's going to be cash but the value of the security that um the developer will give to the town is this amount.
So tonight we're simply looking for your approval for the form and this document. >> In the form on page one you've got that amount of $69,575. But on the third page, it still has the
old amount, the original amount of 58,250. That's under section 4A. So that just needs to be corrected. >> Thank you. We'll do that right now. >> Great.
>> Thanks, Larry. >> Um, so this is actually um I'm just looking. This will be signed by the owner and notorized and um is received by um just
one signatory. So that'll be up and notorized as well and then it will be filed with the cash um with the bank. >> Very good. Thanks Kristen. Uh any questions anyone?
Okay. I'd entertain a motion to approve the F1 performance guarantee agreement for 100 High Road. >> You have it. >> Thank you, sir. Is there a second? >> Second. >> Excellent. Roll call vote. Larry, >> yes. >> Steve,
>> yes. >> Scott, >> yes. >> Thank you. And I vote as well. Thank you. Back to Woody. >> Buttons away and I'm back. Thank you. Um,
next item on the agenda is liaison reports. We'll start with Larry. CBA. >> Thank you, Woody. Uh, the ZBA last met on October 23rd. At that time, they did um uh approve the final decision um for
um the uh uh two-unit development at the um the former Plum Island Grill property. um at two Plum Island Boulevard. Uh they also um approved and or directed the uh
um that an um a favorable decision be drafted for 25 Harvard uh way. Uh this is uh an application to increase uh the footprint and height uh um by adding a
an expanded deck, a screened in porch uh etc. at that address 25 Harvard Way. And they also uh consider continued excuse me um the uh discussion regarding uh the
uh Sunset Club um uh pavilion structure. uh still uh wrestling with the uh issues of uh whether it's a ma major or minor modification. They've asked for additional renderings and that's been continued to the next meeting of October
20, excuse me, uh next meeting will be November 20th and that's all I have for ZBA. >> Okay. Thank you, Larry. Uh conservation, we met last night and we met last week. I don't recall anything last week on the
agenda on 34 Central Street. Um they requested a continuence. Um last night we had 108 Main Street Colin Tony they extended their um decision conservation decision. Um and I believe that was for
three years. I may be wrong about that on the years, but they continued it and they asked them to refresh the erosion control and the flagging because they can't read the numbers of the flags because some time has lapsed here and 34
central uh continued till the first meeting in December. So that's all I have that pertain to us that I recall. Um, MVPC Kristen. >> Um,
I don't I I guess we sort of covered MVPC in the planners report, but I want to I have one thing I forgot to say in my planners report. Can I >> mention that? >> Okay. I just as part of I just want to um thank Larry Murphy, your colleague
here, very much because on Friday he joined Martha and um and uh the chair of the ZBA and um the building inspector uh here in the office and we Who am I
missing, Larry? Weren't there five of us or just four of us? Satie. >> No, I don't think Satie was >> Yeah, Satie missed it. But anyway, we spent um almost 5 hours reviewing the table of
use regulations and the zoning bylaw and it was um a very thorough review and they're just, you know, as soon as you start talking about um where in town certain uses are and are there um
certain uses that we're um not covering, are there new things that have come up? We spent some time talking about food trucks. We spend some time talking about um places where a district line between commercial and residential
bisects a property. Why was that done? Should we change it? There's a lot of detail related to that and I just really want to thank you Larry for sitting through that. Um, and also again, kudos to Martha because she's gonna sort of
put her arms around everything we talked about and then we'll bring it all back to you to say like again what makes sense for now. It is certainly something that the ZBA um deals with as well as the building commissioner, you know,
regular basis like reviewing all sorts of building permit projects that the planning board never sees. Um but again it's sort of goes from the very picky to these sort of grand things like how can we encourage different kinds of you know
manufacturing in town things like that. So it was a really helpful conversation and um I look forward to continuing it and thank you Larry. >> I thank you Kristen. I did more listening than than anything but it was very helpful to me.
>> That's great. I learned a lot as well. All right. Thank you. Thank you, >> Kristen. Um, and thank you, Larry. And I before I entertain a motion to adjourn, and if no one has no one else has anything to say, I'd just like to thank
the board for um reviewing all the materials that came in late and being on up to speed and ready for this evening. I know it's I know we have our policy and I know we have um we want to get the information out so you guys have ample
time to review it and that didn't happen this week. So in for various reasons no one to blame and uh so I just like to thank everyone for their service and getting getting the stuff reviewed and participating
tonight. So I appreciate it. And on that note, if it un unless someone else has anything to say, I would have to take a motion to adjurnn. Move to a journ. >> Thank you, Larry. And a second.
>> There you go. >> Thank you, Pete. And I'll roll call vote. Pete, Larry, >> Scott, >> yes. >> Steve, >> yes. >> Everyone have a great night and thank you. >> Good night. Thanks. Once a week. >> Over and