As a preliminary matter, this is Woody Knight, chair of the Newbury Planning Board. Permit me to confirm that all members and persons anticipated on the agenda are present can hear me. Playing board members, when I call your name, please respond in the affirmative. Peter Pos, yes, sir. Scott Ka,
yes. Steve Vanian, yes. Larry Murphy will not be with us tonight. Mary Stone, yes. And town staff Kristen Grubs. Yes. And uh Sadie Woodward.
Yes. Very good. Good evening. September 17, 2025 open meeting of the new planning board is being conducted remotely consistent with the chapter 2 of act 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/zoom. us and entering meeting ID number 83271413056 and the passcode is 108790
or by calling in 91 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 broadcast live through local access cable channel 9 and on Zoom and at https semicolon newberryv.wicksite.tnctv
/tnctv and the recording will be available on the new access YouTube channel. Meeting business ground rules. Before we turn to the first item on the agenda, please uh 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, providing each by name to provide any comment or questions or motion.
For all attendees except board members and staff, please remember to mute your audio when you are not speaking. On Zoom, use the mute button. On phone, use star six to toggle mute and 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 again or ask questions. I'll see questions and comments through the Zoom raise hand function. Video conference participants to raise your hand, hover over the
bottom of the Zoom window below the photo gallery and click on the image of the hand that appears. Please ensure that your name is fully and correctly displayed on the participant list. Telephone participants to raise your hand on in a Zoom meeting. Hit star nine on your f on your
telephone keypad. I will then allow questions and comments from members of the public who have raised their hands in the order in which they are listed which is determined by the order in which the people click on the raised hand function. Each
participant will be called on to pro provide his or her name and address and then may ask a question or make their comment. Please do your best to keep your comments to three minutes or less. Your hand will be lowered when you have been given the
floor for your questions. I will afford the applicant or his or her representative the opportunity to reply. I will then continue down the list of those in the raise hand column and again afford the applicant or representative an opportunity to speak. Should there be a written submittal of
questions or comments or concerns, there 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.
All right. Tonight we have no appearances appearances or submissions. Um first thing on the agenda is uh the plans report. Hi everybody. Um we're kind of switching it up so I get to give you a few updates
at the start of the meeting. Um let's see. The first item of business is for the planning board in particular. Um, we need to schedule an additional or we'd like to schedule an additional meeting
um to focus on zoning amendments um for the runup to annual town meeting 2026. Um, we're already there. September's flying by. Um, we thought about putting an agenda item on this on the agenda
tonight, but this tonight was packed with some public hearings. So um I wanted to just float a few ideas by all of you. Um we can follow up by email but the focus of the meeting would be to um
uh meet up with Martha Taylor, special projects planner. She's continuing to work part-time with us to support the um sort of phase two of the zoning recotification and also with Ian Burns who's um you all remember was a lead planner um from
Marmac Valley Planning Commission who has technical assistance time for Newbury to help us with inclusionary zoning and um some affordable housing zoning amendment considerations. So,
long preamble to say um I was wondering if the board would think a little bit about um meetings either evening or morning and if we're up for it, we could kind of vote on that tonight. And then the possible dates, uh
September 23rd, which is a Tuesday. September 24th is a Wednesday. It's our Wednesday night's our regular meeting. This is the one week in between regular planning board meetings. Um or looking a
little bit ahead to October 8. So I know in the summer we met in the morning and were the beneficiaries of some delicious bagels and coffee. Um, I don't know, Woody, maybe could we just
quickly do a a a sort of show of hands or something about preference for evening or morning? Yes, sure, definitely. Who's up for an evening? Who's up for more? Who prefers morning? And do we think we can come up with a
time that works? Because I know a lot of you work outside of your volunteer work. Kristen, will this be a Zoomable meeting? Um, good question, Steve. Um, I think we were hoping it would be in person for
this kind of a workshop discussion, but that's up for discussion as well. And if if for some reason Steve, you need need to zoom in, we can we can probably figure it out. So, sure.
We we definitely want your participation. Yeah. Well, I'll cast the first vote for a morning meeting. Okay. I would be unavailable next week and the week after um unless it was a remote
opportunity. Um but um in person certainly October 8th um you know would um we could figure that one out and I could make that work or on our own. I'm flexible. I'll make it work. I do
not have a preference. All right. Any other input now? And um I'm you know I don't want to take a lot of time with us tonight. So I can sort of follow up and you can all vote by email if that makes sense. It sounds like it might be good to look a little
farther out. Um give us some time to schedule. So all right. Um couple more updates. Um Friday I represented Newbury at a open house which was held at the Parker River National Wildlife Refuge.
They're doing a planning project um for their property um Plum Island and all of the refuge lands, a lot of which as you know are found in Newbury. So they reached out to um the municipalities. Um
they're looking at ways to enhance uh their programming and their accessibility to all kinds of people. um different kinds of recreational and other uses on the property. So um that's sort of a six-month planning process. So
I think when they have more materials, I'll be interested to share them with all of you. Um, I also wanted to report that the board of Boston committee um uh has reached a final selection for the
consultant firm to work on our um trail project from Biffield to Newbury Port. Um the RFQ went out in July. We had seven really excellent proposals. Um so the committee has reported up to um
Tracy town administrator on that selection and we will be announcing that soon. Um, and then last thing, Steve, and I see your hand. Uh, I wanted to share with the board that we have
received, um, some close out materials, um, and a discussion of how to meet their final conditions by 84 Boston Road. So, I will be um, sharing those with the planning board in advance of the next meeting as well.
Happy to answer questions. and Steve has sand braced. What do you got? Uh Chris, just as a point of information um regarding fish and wildlife. Yep. I got wind of u the project you
described on like 12:00 noon on the last day for public comment to be submitted. And though I asked for an extension, I never heard back from them. But uh basically, and this is something I'd ask you to be cognizant of, uh
in asking for an extension, I did make the comment that whatever they come up with, let's hope they can do enforcement, particularly if they're trying to enhance recreational activities. And I also reminded them that there should be wildlife dependent
recreational activities and access. But again, I was stressing there needs to be a balance between the ability to enforce rules and regulations on the refuge if you're going to be inviting more people to be coming down to the refuge.
Uh I don't know whether you would have seen that brief note that I sent to the refuge director, but I can try and dig it out and send it to you since you're representing the town. Sure. Yeah. And I should say I wasn't um
I certainly uh do not claim to represent all voices. So I absolutely think they would they you know obviously they welcome public comment but um I'd be glad to take a look at your comment Steve and I can follow up with their
project manager as well. So that would be great. I think there were um that issue was discussed openly that in some cases there can be conflict between more people and the mission um and
that's something they think about and are you know working into their planning um in a very open way I think so I I think you're spot on about identifying that issue right that could also come up again with that
soon to appear information regarding the federal land access grant which I know tyen bond is working on or so I hear. Yes. With that I'll be done.
Thanks Steve. Okay. Um anything else Kristen? No I brought us on to 7:15. All right. Um, so everyone look forward to Kristen's emails so we can set up a
date for the meeting with Ian Burns because that' be nice to get that going. Um, and you know before we start running out of time. It'd be nice to do that. So I'm going to skip by meeting minutes for
now and uh at 7:15. So we'll go right into our first public hearing. Um, public hearing continuence for 2-8 Old Point Road, level two site plan review. This is the Sunset Club. Um, the
applicant has requested in writing a continuence of the public hearing to November 5th, 2025 in order to resolve any open questions regarding the zoning board of appeals decision.
So, we'll be seeing them then. Um, and I would entertain a motion to continue the two-8 Oldpoint Road public hearing to November 5th at 7:15 via Zoom.
So moved. We have a second. Second. Thank you, Pete. Thank you, Scott. Uh, roll call vote. Peter Pos, yes. Um, Scott Ker, yes. Steve Manin. Yes.
Mary, yes. And I vote yes as well. Okay. Um onto our next public hearing. It's uh a continuence 100 High Road definitive subdivision. Application for
a two lot subdivision at 100 High Road CES map R34 lot 21. Property owner Tom Nevie 100 High Road LLC. applicant representative John Mo P and the Mo Cameron Group Incorporated. So on that
note, I will turn this over to Pete and see you guys out in a minute. Thanks Woody. Um just want to welcome the project representatives uh Tom Ani and John Brennan. Um do you have anything uh to update the board on with regards to the status or any new
information for the applica application or any new submitted materials? either John or Tom. I think um I don't think we have anything in addition to add. We uh
appreciate the opportunity, the total transparency of the board to uh allow us to review the documents as they were being drafted and give our input at that time for consideration. And that was very helpful. And hopefully um it's you
know it it all will result in a much more comprehensive decision and we're looking forward to that. So but we have nothing further to add to the presentation at this time. Pete, thank you. Okay, great Tom. Uh hey Kristen, would
you mind uh sharing uh our red line decision? Yes. So folks, this uh this decision is going to look a little bit busy because there's going to be a bit of red lining and notations. Um but I'm going to ask Kristen to kind of go through the
highlights of what we need to touch on. Um yes, thanks everybody. Thank you so much Tom for your um quick responses to whenever I reach out. Um and also for your patience a little bit these past
couple weeks which have been quite busy. Um so we uh drafted a decision since the last hearing. Um the hearing is still open so we can review the decision. Um and if there are comments or discussion um so I don't
think we need to spend a lot of time today. I think things are in good shape, but I wanted to just kind of run through the pages um so that the board can see some edits that have been proposed since the draft you all received. um in your
packet last week. Um so again, this is a two uh three lot subdivision at 100 High Road named Cypress Hollow. Can you all see this? I can make it a little bigger. Lock it. Might be good. Yes. Thanks.
Yeah. How's that? Perfect. Better. Okay. So the beginning is just sort of the cover letter about what it is. There's a project description. Um the
red line are just edits and uh additions, no changes. Um so as you'll as you can read um uh pretty straightforward. Tom, I did want to just double check. Is there a
pool still there or was it a former pool site pool pool area? No, the pool is still there. Okay, thank you. I just couldn't remember from the site. We did have a site visit, but I apologize. I forgot.
Um, so there's some additional detail around the square footage of the three lots. um around again this is just in the property description category of you know what will be allowed by this
decision. Um procedural history is pretty straightforward just talks about the process of the application when the hearings were reviewed. Um then there's a list of materials and
information. Um, a few minor edits, a few sort of reorganizing. We just listed the plan twice. That's what all this red line is here. Just moving up the information of the um
definitive plan with the seven sheets involved. Um, I should say, uh, we have the benefit, the plane board had the benefit of, um, getting Martha Taylor's eyes on this,
who's reviewed and written many, many decisions with the board. So, she was able to point out a few just minor modifications and language. Um, so we just clarified that the applicant submitted as part of their uh plan that
the lots would be allowed by right and um sheet number three on the plan shows that by right um subdivision. Um but this is a project that is asking for waivers. So we just kind of reorganized
in a format that has been used for other projects. um listing the waivers by name, uh by section in the bylaw, by um description of the waiver, and then the comments um that sort of outline why
this waiver is being approved by the board. Please feel free to if anyone has a question on something you're seeing, just shout out. I don't I think we can cover things as we go if that makes sense. Pete, perfect.
Um, so let's see. Uh, I think one thing that came up that I would uh just identify for the board and Tom has provided additional information just late today. Thank you, Tom. Um the
review was quite thorough with the fire department on some of these uh waiver requests. Um however, I do think it would be helpful to have uh written documentation of the fire department's
approval. Um we've have there's been some email and other in-person meetings. Um, but I did ask Tom if he can just connect with me, you know, over the next couple days and provide uh written documentation. We can follow up with the
fire department if needed. I do know that they have approved this, but again, it's best practice and in our regulations that we should have a written um documentation of that. So, some of these um comments on the side relate to just confirmation from the
fire department. Kristen, along that line, uh, so we're going from 22 feet to 20 feet. Is there going to be two feet of hard pack on either side like um we did with Newman Road? Um Tom, can you or John, can you help
with that? Help me answer that. Um, right now that the the width of the roadway and the compacted gravel will be 20 feet as shown on the on the plans, the way it's set up right now. Pete, um did that road have um curbing on it or a
burm or anything put on the side of the road as well? Uh no, I think the reason was I think the fire department was looking for 22 feet. So if you have confirmation from the fire department, that'll help with this one point. So we can keep on going.
That's great. Okay, we'll check on that. Um, and there was there was one spot in this in the um site plans that said 16 feet, which is just um, you know, typo
we found late late in the game. So, we'll correct that. Um, I wanted to just briefly ask about this waiver request allowing for the roadway to be super elevated with a 2% cross
slope across the proposed 20 foot width. Um, I know that was presented in a previous hearing, but I just wanted to uh see if you could remind us about the need for this.
The reason why is um we had to create according to the storm water management regulations, we had to create a a transfer of water from the road into a grassy swale and then down into a for bay and then into the
infiltration pond. So, um where we uh were trying to keep the roadway um the minimum amount of construction of the roadway near our neighbor uh to a minimum. Then we thought it would be best and since the road was only 20 ft
wide, we thought it would be best to super elevate it so that we can get all the water from the roadway to one side. And then we proposed a six foot wide grassy swale that goes all the way down the side of the road. So it was both for
convenience and conveyance of all the water and also um to be sensitive to the construction activities toward our neighbor. Thank you. Um that's very helpful.
So I'll u modify some of that language to address the reason that's this is a good um element of the plan. So the findings um essentially well any
any other questions on the waiverss from the planning board or they're good. Okay. Um the findings in approving this application, the board finds that the proposed project will constitute a
suitable development based on conformance with all the criteria set forth in our subdivision regulations and then the conditions of approval. Um many of these are um boilerplate
to um uh subdivision approvals. Um prior to endorsement of the plan um the applicant will provide a a performance guarantee, financial guarantee to the town um for
the construction of ways and installation of services. Tom's reached out to us about his, you know, proposed method. We do have a form, Tom, that I need to dig up um and provide for you. Um and I do need to review those
documents and make sure um they are in sync with what town council has generally approved for that. That's that's perfect. Um the question that I had was um what we normally do is
we prepare a spreadsheet of the construction with each line item with cost and unit prices and quantities so that it can be used as we build this for uh partial releases as well instead
of waiting until the end to get um we we propose to to give a cash bond uh for this So, you know that you'll have that money and then we hope that we could come in for partial releases along the way after
um inspections and acceptance from your consultant and he finds those items are in order, then normally we would re we would request from the planning board at a regular meeting uh to vote on a partial release of that of those funds
as we as we go along. So, that's what we hope we can do. I think that's um consistent with the way other um projects have gone. So um we generally chime in planning board members, but we
generally uh you know if you are interested in presenting that spreadsheet of construction costs, we can then have it reviewed by our um consultant. I know different towns do it in different directions, but um if you want to present that to me, I will get
that ball rolling with our peerreview engineer and certainly um partial release of funds is, you know, certainly customary for large projects. Okay. Well, my hope is to have it to you in a couple days.
Great. Thank you. Um, prior to start of clearing, there would be a pre-construction meeting. Um, I think Tom, this one I know you sent some comments to me late today and I um,
uh, have not fully reviewed them yet. So I did want to sort of circle back with you regarding these documents about how these three um you know the residents of these three lots will uh sort of
coordinate maintenance of the shared roadway of the subdivision road. Um homeowners documents and uh uh sort of roadway maintenance agreement among the
units. Um, I just want to uh have some time to to talk that through with you and also I think it's likely we'll get town council to take a look at those documents. Yeah. And all of that is is perfect. I mean people some people do it
differently and some towns do it differently. Um, in this case, it's such a small project and there's only two people and maybe three people that will be involved in um the maintenance of the roadway uh because it's private roadway. But in that case, we usually do not
create a homeowners association. It doesn't seem to be necessary because there's just not a whole lot to do. And we put the requirements of of uh maintenance, upkeep, um replacement, anything that's normally put into a
homeowners association for for for construction purposes and maintenance purposes would put that into a maintenance agreement. And the uh individual lot owners would get that in their deed and then that maintenance agreement would be recorded along with
the other documents. Um, so that the, you know, we we have a set of restrictive covenants which are basically private, but I'm happy to provide you with a copy of that as I already did and have you take a look at that. And then we normally would put a
uh declaration on record for the maintenance of of the driveway, but we would not be setting up a homeowners trust or homeowners association. It's just too small. So, I think we'll just, you know, take guidance from council. Whatever they
tell us to, you know, whatever they'd like to see, we'll let you know. Perfect. Okay. Great. Thank you. Great. Um, let's see. Standard conditions, the subdivision shall be installed according to our regulations.
Landscaping. Um, uh, there was a waiver request related to, um, street trees. So that will is consistent with the language here. Um support for native species on the
property. Um snow removal. I think that's all set, Tom, but I just want to confirm we get the language right in here. Um we talked about the
fire department review. it. I think that's I I kind of put a few things just for snow removal. I suggested that you add at the end of the T within the right of way so that it just seemed to be a little clearer.
That's all great. Good. I'll look for those um in the Yeah, I sent it I sent it along some of my thoughts. Great. Um,
yep. Board of Health stuff, lot grading, post construction plans. I had a question on lot grading. The plans that you currently have. Uh, we did the best we could in suggesting location of homes, driveways, septic
systems, wells, you know, regrading of all the plots. and and I think they're in really good shape, but they won't be perfect until we get the board of health approval and we actually have the actual house that would be built on each lot.
We have uh suggested to and I kind of like to, but until you know the the the owners pick out exactly what they're going to build and then we get a chance to put that on the plan and then we grade it according to the board of health
regulations. um there may be some minor modifications. So what I've suggested is that that it be done in substantial conformance according to the plans and that the final uh septic system disposal
uh plans be submitted to to you Kristen so you could take a look at it for administrative review to make sure that there's nothing substantial in our in our application to the to the building inspector. So, I I I completely understand what you're looking for. I
just don't want to give you the impression that those site plans are perfect because they're not. They're they're pretty good, but they're not perfect. Yeah. And um I I think there's uh the board has done a similar condition in
other projects where you know any detail on modified plans can be submitted in advance and reviewed administratively. So I'll I'll check on that language as well. Great. Thank you. um inspections,
uh close out, post construction, recording the plan. Um we talked about um uh any modifications that are substantial
um would come back to the board. Um I'm sorry. Substantial modifications could require a public hearing. Minor modifications could be approved. um by the board at a public meeting. And then the lapse language, I just forgot to
include this um but standard language that the approval of the plan should be, you know, completed within two years. I think that's it. And the only thing that I suggested as well on the on the back end is um this I
would s suggest that this decision gets recorded with the subdivision plans. so that they marry each other at the registry. Um, and as a result then we would need to have a Jarrett section for
and you could check with town council at the end of the document for the uh chairman to sign. Um, of course all all the board members would would sign, but I think the chairman or vice chairman would be the only one that would need to have their signature notorized and then
they'd have to be a notary Jarrett as well. uh so that we can record those documents. Sounds correct to me and do. Thank you, Kristen. Thank you so very much. Let me see if any of the planning board members have any questions. Steve, do you have any questions, sir?
No, sir. Very good. Uh Scott, do you have any questions, sir? I have none, Pete. Excellent. Thank you. Mary, do you have any questions? I don't. Okay, let me just check. Uh uh Kristen, do you have any questions? Um, no. Sounds good. All right. And Satie, do you have any
questions? Okay, cool. Uh, that being the case, um, I think it'd be a good idea to continue this public hearing, uh, so that we can just iron out those last couple details. So, I would entertain a motion to continue the public hearing to October
1st uh, at 7:15 via Zoom. Thank you, Scott. And Steve, do you want to give a second? Yes, I do, sir. Ready? Very good. Uh, roll call vote. Uh, uh, Steve. Yes. Thank you, Scott. Yes. Thank you. Uh, uh, Mary, how do you
feel? Yes. Wonderful. And I vote in favor as well. Very good. Uh, we'll see you on October 1st. And I'm going to turn this back over now to Woody. Um, Pete, I think Tom just has one more comment or question. Yeah, I'm sorry.
Thank you. Um hope hopefully it's not not a substantial Go ahead. It it isn't. It's just a point of clarification. So uh is your intent to vote on the decision once it's mocked up and finalized at your next meeting? Correct. Okay. I just wanted to
We'll have to get the other stuff from legal uh back to make sure it's all good. And if that if everything dovetails, there we go. Wonderful. Thank you so much. Enjoy the rest of your night. Thank you very much. Good night. Thank you. Thanks, John.
Very good. We'll move on to our next public hearing. Um public hearing continuence for 34 Central Street level two site plan review application for Newbury Heights. A 44 unit multif family development in
the new zoning bylaw section 97-4G MBTA communities multifamily overlay district at 34 central street cess map R190 R
19 owner Melody and Robert Pritchard applicant Massachusetts Housing Opportunities Corporation LLC I'd like to welcome applicants Mike Ives and Jerry Welch, attorney Mark Fowski,
uh Christian Smith, engineer, Fields Associates, and any others that may be here. Um I know we have MDM uh Robert Mashad with us this evening as well. And I'd also like to welcome uh town
council attorney Jay Tullerman. So, we'll start with I'll ask the applicant to update the board on their application, including any new uh or modified materials and any responses,
peerreview comments, please. Thank you, Mr. Chairman. Good evening to the board. My name is Mark Babrowski and my office is in conquered Massachusetts. I'm legal counsel to Amhawk. Uh you'll recall, Mr. Chairman, that Mr. Sir Watka provided a fairly lengthy memo that we
didn't have time to go through at the last meeting. So I'm pleased to report that Christian Smith, despite enormous physical difficulties, has communicated with Mr. Siratka. I'm sure Mr. Smith will tell you about his bad luck. U but
he he has proven to be a a soldier the last four or five days after having his knee operated on. uh and they had communicated today so I'll let him give you an update on their communication. Yeah, thank you Mark. Good evening Mr.
Chair uh members of the board. Again, Christian Smith with Beiel's Associates engineer representing the applicants on the project. Uh so by and large we we cleared through the bulk of the comments in the second review letter from Mr.
Suaka. Uh there were a couple of outstanding items again that we didn't have uh quite a chance to get to. I believe we got the memo on a Monday and the submitt was due on a Wednesday. Um, that being said, we did have a uh a
phone call with uh with Joe yesterday and I believe we are down to very few items uh largely specific to the septic reserve area and the way that is configured um showing a few different
things specific to um changes. Mr. Chairman, uh I think you'll notice that uh we've we've addressed uh some commentary from the planning board. Uh those being uh a a cross-section of
sight lines from the budding properties through our property uh has been provided uh Vaness um and I'm sure that's why Mr. Misha's here um provided a a sight triangle for the connection to
or the excuse me the relocation of Central Court to Central Street. Uh and then you know we we provided the uh plan edits um that we had been able to get done prior to the submitt
uh including the um the landscape BM out behind building five on the slope. Uh that I think was the the major thing that came out um from the planning board. I think we did mention to you on the third that the um N or notice of
intent has been filed. Uh there was a preliminary hearing on that. Uh that was continued and I do not have the date for that second meeting off the top of my head. Uh but that is specific to potential wetland fill uh for a one-way
exit uh onto Central Court from the property, which if that's approved, obviously the the entrance as it's shown now would become one way in. Uh that is uh to to try and keep my comments uh
brief. The where we've where we've come since our last hearing. Okay. Thank you, Christian. Um, I'll start by turning on the board members um for any comments or questions for the applicants. Um, Pete, Pete, would you
like to start? Sure. Uh Woody, there's probably a lot of material that we have to uh touch upon and I and I wonder if we you know if we start at the top of the hour uh on on the topics if we uh start first with a traffic because you know we asked the
uh the applicant to uh give us a um uh uh what things would look like from court, central court and what the sight lines would be like. and we got their their report and uh we asked for our uh the town's peer uh review to uh comment
on that. So, I'd like to turn that over to our peer review to make comments if that's okay with you, Morty. Yes, that's great. Thank you, Robert. You have the floor. Thank you, chair and members. Um again, for the record, Robert Misho uh with MDM
Transportation Consultants. So, we've had an opportunity to review uh the alternative access assessment as it's called uh prepared by Vanessin Associates. That's a technical memo that was prepared and dated to September 10th. Uh we've been in receipt of that
for a little over a week now. Um and essentially it incorporates uh some suggested u access modifications that were discussed in prior hearings. uh we find that the submitted material is
professionally prepared. Uh it presents an appropriate basis for the technical conversation uh of uh benefits associated with that potential driveway connection to central court. Uh we have no uh specific commentary on the uh the
impact that that connection would have. It it has sufficient capacity to accommodate the uh the likely traffic activity for the site. But we we we know that um such a connection to central court could affect very positive
benefits from a safety perspective uh having to do with how people leaving this development would uh eventually leave and get on a central u central street. So um what I like to do is just Robert would you like the the actual
diagram up for us? Yeah, I was I was going to suggest that I could share or you can share, whoever has access to the uh you know, if if if you don't mind, I could just simply do a screen share here because I I know I've I've pulled it up uh on my screen here. So, just bear with
me for a second. Um let's see. Share. It's It's possible it might not work. I can also Yeah, it's not going to let you. Yeah, it's you'd have to authorize me to do share screen. Uh, so if you have easier access to it on your side, that might be better.
Okay. Yeah, we're working on that issue. It kind of popped up recently, but yeah, I'll share from my end. Great. Thank you, Satie. Yeah, if you want to just skim down to the exhibit that shows the sightelines,
that would be great. Yeah, perfect. Okay. So, um what's presented here as the board's aware is a re realignment of central court so that it aligns at a more perpendicular orientation to central street. Um that really is
beneficial uh in two ways. One is that it further separates any of the traffic movements that are uh going to or from central court from the driveway which is located just to the east. uh under this concept that realignment would allow
about 150 ft of separation between those two locations and would place Central Court more centrally between Fruit Street and the driveway. Right? So, that's one benefit. Um uh obviously in today's condition, if you're leaving
Central Court and you're looking left uh for an eastbound vehicle, it's you're going to crank your neck, right? It's not an easy movement. Uh so the orientation to that 90 degree has a secondary benefit of of allowing uh a higher level of visibility uh and ease
and seeing vehicles that might be approaching that location and for anyone u you know leaving simply an easier movement functionally. Um so what's also shown on here is this uh potential driveway connection from the development to central court. And the concept here
is that um that driveway would allow folks leaving to then use the realigned central court connection to make those turns on Central Street and as shown in this diagram would u at least meet the
minimum standards for sight line. our commentary on that is we don't disagree with anything that's shown in the plan at all. It's it's it's presented professionally and and and accurately. Um the actual sight lines that would be afforded under this concept are well in
excess of the 305 ft that are actually shown. So, the 305 ft standards really reflect the minimum sight line criteria that would represent um a 40 mph travel speed on on Central Street. Uh in
reality, um you could achieve just under 400 ft of actual sight line for folks who were traveling toward the highway westbound. Right? So this this this particular diagram shows the minimum,
but in in in reality there's more sight line than is presented on this diagram. So this uh new driveway would in effect allow for a greater sight line at a location of Central Street uh that is more appropriate in
our view, is safer, and provides more sight line. Uh so we don't disagree with what's shown here. We're just suggesting that um this orientation is ideal. was optimal relative to what was originally proposed uh f further to the east. And
as Chris had mentioned earlier, um if that driveway connection is made, that would allow the central street driveway to be converted to an end only. And that in effect would reduce some of the vehicle conflicts that are closer to where that vertical crest in Central
Street is and where the curve exists in in Central Street. Um so so from a safety perspective and sighteline perspective uh this is an optimal solution uh that we think is worth pursuing and hopefully would actually be
allowed uh through um the conservation commission process. Um the other benefit of this and it and it's significant is that it affords a secondary means of access into the property. uh the international fire codes uh would
actually suggest that for projects that have 30 or more units uh that secondary access is actually recommended uh and appropriate and that's what this achieves. Uh just take a scenario in
which for weather reasons or other reasons, tree falls, whatever, there's some impediment uh to the driveway on Central Street, uh this alternate driveway, uh would provide a secondary means of getting fire apparatus or or police or other
responders, ambulances into the development uh under those types of scenarios. So from from the perspective of emergency response and um uh you know secondary means of access this this is a superior plan uh and it would meet those
recommended standards for for u that that the fire uh folks are typically looking for uh on projects like this. Um finally I I'll note that um this uh sighteline issue is not a this plan is
not only able to achieve a much longer sighteline from the perspective of minimum standards right three almost 400 ft versus the 35 ft that that ordinarily would be um available for that initial concept. it actually would uh provide
sufficient sight line to meet what what's known as the ideal sight line which is a much longer standard um for the ambient or the regulatory speed limits that exist on central street. So from from those two perspectives much better planned. Uh finally we know that
the fire I'm sorry police department had indicated a desire to have some driver feedback signs driver speed feedback signs. We think that's appropriate. It's a good suggestion. Uh and we also know that those types of uh features actually
do have a benefit of reducing what what what are known as the 85th percentile travel speeds on on roadways. In this case, the regulatory speed limit is 35 miles an hour. The submitted materials indicate that uh the 85th percentile
travel speeds are actually several miles per hour above that. uh the implementation of driver feedback signs along Central Street, one in each direction. Uh through federal studies, through federal highway have indicated
that um you can achieve up to about a 4 mph speed reduction of that 85th percentile speed. So what that would in effect do is take the higher speeds that currently exist on Central Street and meter them down to be more in line with these
regulatory limits. And that would of course have the added benefit of um reducing the need for uh for sight lines uh in and around the site. So those are our three principal comments. U we like what we see in a concept here. We think
it's workable. It has significant benefits not only for public travel but for folks who would be living within this development from the standpoint of secondary means of emergency access. for instance, uh a more comfortable way to get onto Central Street and in a and a
safer way to get on onto Central Street. So, that's the extent of our commentary. Uh we like the plan. We think it's optimal and uh we're very supportive of it. Hey, Rob. You know, that's wonderful. Thank you. I just want to clarify. So, the sight lines actually would go from
not 305 that are listed uh going uh east, but it would go to 385 and going west it would increase to almost 400. Yeah. In fact, um yeah, generally that's right. Um the the eastbound sight line,
the one on the page left, right, as if you're looking left from Central Court, would actually be in excess of 500 ft. Um you know, we we uh in the original submitt u didn't have any issue with what was represented for sighteline
looking to the left, right, uh toward the highway. that also achieved a good sighteline standard in terms of at least 400 if not more feet. Uh but easterly looking east page right um that
sighteline you are correct significantly improves um for for two reasons. One is you're you're realigning Central Court and pulling the the uh turning movements about 80 feet to 90 feet further to the
west than what they would ordinarily need. Uh and you're having folks from the development turn at that location rather than the location that's closer to that that vertical crest and the vertical curve. So um you can achieve at
least a 385 ft um sight line there. It's probably more than that. We didn't use any uh survey equipment to uh provide a specific measurement, but u you know, simple math would suggest that the original driveway had uh was able to
achieve a 305 ft standard from where the driveway is shown. We're simply shifting those movements uh you know further to the west with the relocation of Central Court and the alternative driveway and you're adding at least an additional 80
ft to that sight line. So vastly improved sight line at at a location that is more optimal. Wonderful. And so we go from a minimal uh standard to an ideal standard. That's correct. Okay, that's great. Um I I I appreciate that very much. Uh uh
uh Woody, I don't know if any other board members want to have any traffic uh uh comments. Yes. Um is there any Please speak up. Is there any board members that would like to ask uh Rob a question or make make a comment?
I have no question, but I really appreciate um the effort here very much so. Thank you, Scott. Yes. Well done. No questions. Okay, great. Thank you, Steve.
And um I appreciate the u effort here too as well. I I I think it's important and uh it shows that uh this option could really make this a much safer intersection. So,
um great. Moving on. So, uh, Woody, go ahead. Do you have anything else? Yeah, I I I know that um I did have a conversation uh with our chief and uh there's a letter I think in our as a a matter of public record uh for um our
police chief's comments uh and their desire that to have two access points is much more desirable and their request for of the applicant uh to try to uh um uh part make part of this application have those uh uh speed um modification
signs. So, I think these are all positive positive uh safety u uh approaches that we're going at. So, th those are my questions on uh traffic and I don't know if Christian if you want to respond to any of those or if you're comfortable with with what's been said.
Uh no, I'm comfortable with what's been said. Um we really got no followup aside from uh from Vaness Associates. I mean our traffic consultant aside from you know this is what we received from MDM
uh none of this seems you know contrary to to their belief as well. Um and and we will certainly uh add the the uh speed control signs either side as recommended by the uh
police chief as well. That's great. That's great. Um, so Woody, I I do have a question. Um, and it's regarding it's regarding the the burm uh design and can we can we by chance pull up
Satie that Yeah, she's on it. Uh, that cross-section and Satie, can you make that bigger by chance because I have old eyes. That's beautiful. That makes two of us, Peter. Yeah. Yeah. Really? Um, so, uh, I thank
you for doing this. Uh, this is this is a helpful tool to to, uh, you might need to make a little bit smaller just so we can catch all of it. Sad. I don't know if we can move it up and down. Beautiful. Uh, okay. So, uh, the top picture is what would be happening at
the initial uh, design, um, construction, then a few years down the road and then further down the road. Now Christian, do I do I understand that this burm would be basically where where the reserve area is? It would be within the reserve area. Um
so but you know I guess the the idea is that if if that reserve area is ever which is in my opinion unlikely uh utilized for a replacement field um the the existing vegetation would have to be
disturbed or this would have to be disturbed. Okay. And where in this diagram does the reserve area end up landing? Uh, well, it is it is probably Oh, you can't see my mouse. That's not helping
you at all. Uh, probably roughly right where the the burm exists. The beginning of the berm or the entire burm? Pretty much I believe it cover encompasses the entire berm. Okay. So, if catastrophic failure of
your three septics in the reserve had to be utilized, u then the burm would have to be reconstructed. Correct. And the vegetation would have to be replaced. That's right. Okay. Um and so we're talking about spruces and it looks like spruces that
are going to grow to be um 40 to 50 feet. I believe that is correct. Okay. I don't know anything about root balls, the root balls of cedars and what they require and I don't know. I think somebody with a higher pay grade than I
would have to comment as to whether the burm would be suitable from a structural standpoint to maintain that root root ball. Uh well the yeah the in the dimensions that we were given uh Mr. POS our our landscape uh designer and architect uh
said that that's why we gave it the 8ft top width uh and she is going intended as you can see on the site plan she has or on the landscape plan she has tightened up the the kind of center of uh center of uh trunk
to center of trunk separation and uh she said with that uh we we should be in in fine shape with with regard to that. Okay. I mean, you know, of course, I am very sensitive to the abutters and what they're going to be looking at. Uh because they will be looking at uh you
know, the the the first second I mean the sec the first floor is where you drive in. So that's where the walk out is on these. And then the second floor is where the deck would be coming off. So, you know, the first year there going to have a little bit of visual deck
activity, but as years go along that will be um uh will will go away, but the second bedroom down will still be quite visible, right? If I understand you correctly, I believe that is right.
Okay. Um, great. Can we just go to the Does anyone have the ability to just go to the plan set? I can share. I did the I did a color presentation plan. I'm not sure if I am able to share or not. Would you
like me to try Kristen? Yeah. Um so I just made you co-host. So see if you can see. There we go. Can you all see that? Great. It's Yep.
So before we kind of go get get into the plan set, I remember when we started, we had a building A, a building B, and a building C. And when I went through the plan set, all that I saw were building A's and building C's. I didn't see any B's. Were B's taken out of the equation?
I don't remember the actual uh letter uh you know naming of of the buildings but there were a couple of um there were a couple of building styles uh that that were removed um throughout the iteration
of uh of our changes uh I believe probably since June. Okay. So because what I remember with the building B were the one-story buildings. Now are they out of the equation?
Mr. Chairman, uh Jerry Welch of Mhawk is prepared to go through this building by building. We were going to have him testify after Mr. Smith. Oh, that is wonderful because I have lots of questions about building design, building height, and uh that's wonderful. Thank you so much, Mark. Um so just uh on the planet, do we have an
area for snow storage? because, you know, we've never t touched on that. For snow storage specifically, well, in the in the winter, obviously the uh the community garden area can be utilized. Uh you you can see there are areas uh in
between some of the units uh where snow could be stacked. And at the end of the day, if we have a a winter where those areas become inundated and start encroaching into the sidewalk and that type of thing, uh they will have to
truck off and legally dispose of the snow. Okay. So, the intention would be to remove the snow excessive snow from the site. That's correct. Okay, cool. And I there's going to be uh doesn't we don't have any call outs for dumpsters. So, I guess everybody's going to have individual trash removal.
Uh that that is the plan. uh believe they would all be provided with a recycling bin and a you know trash bin which would be brought out to the street once a week, picked up and then and then brought back in. Beautiful. And did we have any extra parking spaces here? Because I didn't
see any. I saw, you know, the our our uh designated uh open space park uh parks, but I don't see any supplementary parking, visitor parking. Uh well, I mean, you've got the garages in all of the units, uh plus the space
within their individual driveways. Uh a an additional parking area specifically for visitors. Uh that that is not proposed at this time, Peter. Okay. So, there's no no place for grandma to park when she comes over and all the cousins come for Thanksgiving.
Well, hopefully in the driveway, right? Uh just a just a concern to be uh uh expressed now, but I'm I'm good for now. What do you think so much? Okay. Um, before I move on to the any other board members, while we were on
the parking subject, um, is there going to be parking permitted on the street itself on one side of the street, your roadway? Uh, that's a valid question. I mean, you know, once you get provided the uh, you
know, the permitting goes through for the uh one-way exit lane, uh, there you've got 24 ft of pavement there. Um, there would be room for a vehicle to park. You would not assume that there are going to be uh very high travel
speeds within this uh development, of course. And uh so there is an opportunity there, Mr. Chairman. Um, you know, I don't I don't think it's anything we've we've specifically addressed. Okay. I'm I'm curious cuz you get
someone that parks on one side of the street and two two or three units up, you have someone parking on the other side of the street. And Woody, may I interject? Uh, yeah. So, so I live in a um condominium
uh similar condominium neighborhood similar to this in Andover. It's 24 foot wide uh pavement and the condo docks specify that you can only uh park on one side of the street
so that they'll never be parking on both sides where it would limit emergency vehicles from going in and out of the property. So people can we could make that part of the condo docks that uh limit the parking to only one side. Okay, that would be very helpful and uh
address my concern. You you understand my concern. So, thank you for saying that. Very good. Um, okay. Other board members, Scott, do you have any questions or comments? Can't see Scott.
No. Uh, no questions. Thank you. Okay, Steve, do you have any questions at comments? I may come up later, but I'm curious as to whether um you know an exit to central court would require any fiddling
with the location of the buildings. Okay. Um as shown here, you guys don't anticipate any shifting of buildings for the option B exit. Uh, no, we haven't at this point. Um, we
we do have, you know, a few feet either direction that uh that those units could be uh slid both, I guess, to the south and to the northeast um on that westerly side of the road. Um, but yeah, I I
wouldn't think it's it's going to be anything dramatic. Okay. Okay. Thank you. Any other questions, Steve? You're good. I'm good. All right. Um
where um did Excuse me. Did um uh Mr. Barvelski Mark um did you did you say you had some another piece
of information for us? Yes. Um, Jerry Welch was going to go through the physical uh attributes of the buildings. So, I don't know if he has a a share screen exhibit here, but I'll let him take it from here.
Yeah. Uh, Jerry Welch MHawk, one of the principles of Mhawk. Uh, I've been, you know, involved all along with um Gavin and Sullivan. And what we did, we actually submitted um the confusion between the
different buildings and the A unit, the B unit, the C unit. It was confusing because some of the buildings were being duplicated. Some had walkout basements and some did not have walkout basements. So what I had Gavin and Sullivan do was do draw 12 different plans which we
submitted to the planning board um this week. So each building is 12 buildings and there's a separate plan for each building and it shows u so it's bu we're labeling them building 1 2 3 4 5 6 7 8 9
10 11 12 and you can refer to the architectural plans and the site plan on sheet number six seven and eight and everything will match up so that we put everything on sheet six, seven and eight from be associate to show the the unit
uh types and the bedroom counts and where the affordable units were located and the architectural plans are separated to 12 different 12 different plans now. So it completely eliminates all the confusion. So if there's a question on say building one, we can
just refer to Gavin and Sullivan's plan building one. And I don't know if those plans have been distributed to the planning board yet because I actually handd delivered the paper copies this afternoon to Kristen. I know the electronic copies
were emailed a couple days ago, so I don't know if the board has have a chance to uh review those. Um yeah, thank you Jerry for both the paper which is helpful at a large scale. Um those will be distributed both to Joe
Surwaka peer review to refer back and forth with the site plan and his review of that as well as to Martha Taylor who originally did a pretty thorough architectural review and is going to do um a followup. So I appreciate the new
organization of the um architectural plans. I think that is helpful and um also there was a narrative that went along with that which was helpful to identify some of the changes that have been made since June.
Um so I don't know that though the board has received those. I don't know how it was just over the last couple days and they are posted on the website. Um but if anyone you know we can share those as well if that's helpful at this point. Would it be useful to the board to Are
you saying Kristen that you can put them up on the screen? Um, yes, I believe we can. Or um Well, I'd like if if they're available and Jerry can walk you through them and perhaps if there will be questions, I think it's a good opportunity for us to
make some progress here. Yes, I agree, Mark. Thanks, Satie. Can everybody see that? Yep. Okay. So, I don't know. Jerry, do you want to drive on this description? I don't know. This these plans haven't
changed from since June. They've just been reorganized so that they're easier to um you know, look up if you want to look up building one, you can see the grades, the elevations. All the materials have been listed. The cut sheets have been given to Martha and
they're on, you know, Kristen has them as well. I believe they're posted on the on the website. Um, 12 buildings. They're all listed. The unit numbers are on sheet number six. You can refer to sheet number six as on
Beiel's plan that shows all the type of units and the bedroom counts. And then if there's in the location of the onebedrooms uh the two bedrooms and the three bedrooms as well as the four uh locations of the four affordable units. So on sheet number six we have listed
the four affordable units as being they're listed in the narrative. Uh they're listed on sheet number six is where their location is and they're spread out across the site. So in case it's the project is phased, the affordable units won't be all in one
phase or they won't be saved till the final phase. So they're all spread out. So if there's a particular question about a particular building, we could certainly just flip to that building and look at it if you guys if you board has questions on a particular building. But
they they basically speak for themselves as far as the architecture goes. What do you if I could? So, if I I went through this the plan set um and what I pulled out is that the affordable units will build be in building two number
two, building five number two, building seven number three, and building nine number three. Is that correct? I I didn't quite understand the question. Good. Sure. I just want to make sure I know where the affordables are going to be. Yeah, I I think you are absolutely correct, Peter.
Beautiful. it. And if I read that correctly, all of the affordable units are all two-bedroom. Yes, that's correct. Was there any intent or any thought of making any of the affordables onebedroom? Well, we've done a number of 40b affordable unit units throughout the
state in the past. And uh we we find that two-bedroom condo units are the most attractive and the most um soughta because usually it's entrylevel families or couples or even singles that want these units. That's why we provided, you
know, there's 36 two-bedroom units, there's four onebedrooms, and there's four threebedrooms. So the the two bedrooms are the most attractive and the most wanted. So, we we would certainly could switch that if you the planning
board wanted to do that, but uh we can let Mark chime in on that. He's done so many of these affordable um uh housing unit projects, but we thought it's more appropriate to have two-bedroom affordable units. It meets the needs of better of the of the potential uh
owners. In a 40B, Mr. Chairman, the rule is proportionality. So if there are 100 units and 25 or one bedrooms, then a quarter of the affordable units are onebedrooms. If 25 or two bedrooms or
it's usually 50 are two bedrooms, then 50% of the affordable units would be two bedrooms. And there is a requirement in chapter 40B that at least 10% of the units be three bedrooms. So there's a proportionality there, too. But there is nothing under the MBTA standard. So, we
we just picked what we thought would be the best answer for the for the largest number of of customers because odds are um people that would prefer two bedrooms over one. Great, Mark. That that that that is that
is useful. I'm just trying to see if know elders that might want to downsize or if we want try to deem any one of these handicapped accessible because if they're multifloors because that's why I I drilled back to building B because that was in the plan set originally.
Building B was a one level uh where the the garage then led into the living room kitchen area and there was a bedroom on the second floor but it could be handicapped accessible on the first and I don't know if any of these other designs allow for that or do they?
Uh Jerry, do you know the answer to that? Yes, I uh I do know the answer to that. So, uh, the one-bedroom units are, uh, units number 12, 72, 82, and 92, Pete. And those are
all easily converted to, um, to, I think, handicap accessible uh, according to the architect. But we could double check on that. We could give you a list of what what units would be suitable for, uh, adapting to that. And
certainly if there's a customer that would come in and want, you know, request that, we would we would obviously oblige the customer and be able to set up a unit for that. Wonderful, Jerry, because I'm just sensitive to that. Thank you so much.
Any board members have any questions today as where we're at now? All right. I have a question. Is there a proposed bus stop for the for school children to get on the bus?
Uh yeah. Yes, there is. Uh Mr. Chairman, it is about 50 ft in um plan view right. So if you're driving in, it would be on the left and uh right adjacent to the pedestrian sidewalk.
Okay. So, if you can point to that little rectangle uh right across from the mail kiosk, pull off. Keep going. Yep. Down. Down. Plan. Down a little bit more. And just to your right. That that box right there.
Okay, great. The reason why I bring this up is um currently I believe the school bus turns into Fruit Street, picks the kids up on the corner of Fruit Street. And why that is, I don't know, but it would be something to look into because
obviously this development, the bus company would accommodate school children, but um my concern is kids crossing the street to get to Fruit Street from this development. And also
option B, if if option B was to go, that bus stop won't work on a rainy day when mom drives you down to wait for the bus. It's one way. So, it was just something to consider. Um, and maybe have a
solution for if if option B does go, you might want to check with the bus company or the school or someone to see where they currently pick up the kids for Central Court. If they pick them up at the end of Central Court, well, then
it's a a mood point. But if the kids are crossing the street to get to Fruit, the corner of Fruit Street, the bus literally turns on to Fruit Street to pick the kids up, then it's something that you might have to work out. We can certainly look into that with
both the bus company and the uh the school district. Yep, that would be great. Thank you. It's just if if we went with option B, then the bus stop wouldn't work. Do you know that's what I'm basically getting at. So I do understand Yep. All right. Um
any any other questions for board members at this time then? Um we can turn to public comment. Are there any raised hands? Um yep. You have a raised hand from Nino Scooter.
Okay. Please state your name and um your address for the record and please state your question or comment please. Yes. Um Nino Scaderi 3 Central Court. Um so I have concerns with the the Leechfield location. Um there's two
concerns I guess. Um one of them was in in one of Joe Shaw's um letters he had said uh maybe putting a butter's um locations of septics in wells. Um, so my
well is located um, if right on the screen right now where that turnaround is, like you see my driveway and then there's like a little pot that sticks out. My well location is in Yep. right around that area. Um, so the leech fields I think are right at the corner
of my property. Um, and very close it seems leechfield one to the property line. So I don't know what the guideline the town's guidelines are for that. Um, and then if it's within the I think it's a 100 foot boundary,
um, to be away from a private well. So, I know Joe had mentioned that in one of his letters to maybe post where the wells and leechfields are fors. Yes. And we can certainly uh, Mr.
chairman have our surveyor locate that um with with Mr. Scader's approval and authorization. Yeah, that'd be that'd be good. Uh just a clarification question. So, you're not on field water district.
You're on your own well, correct? Okay. Thank you. Any any other questions or comments from you, sir? No, I'm all set. Thank you. All right. Thank you. Any other raised hands, Satie or
Kristen? I don't see any right now. Um Okay. We did receive one written comment letter, Woody. Um which has been posted on the website. Um it was from Jacob
Murray of um it says address sorry uh 15 Parker River Drive. So that letter has been um as I said posted and shared with the planning board.
Okay. Um, seeing no new public comments and we written comments been stated. Um, do we have any departmental comments, Kristen? Um,
uh, we've mentioned previously the police chief comments have, I believe, have come in since they have come in since the last hearing. Um, I don't believe any other written comments have. Um again reminder that uh Joe Surwaka is
serving as um uh sort of fill-in board of health agent since our health agent has rec so his comments are associated with board of health as well. Um so I'll just chime in. I appreciate Mr.
Scooter's question and I'll make sure we can kind of follow up on that with Joe and the board of health. Yeah. And if I could just quickly interject, uh, Mr. Chairman, uh, that was one of the comments from, uh, from Joe's, uh, in Joe's recent, uh, review
memo as well. And now that now that we've gotten, uh, verbal authorization uh, from Mr. Scaderi, uh, that should not be a problem to uh, to get that field located. Thank you. Um, and also just because I
forgot to mention the mark, if you could mark the snow storage on your snow storage areas, great. That would be Yep. I know they've been verbally discussed, but on the plan would be great. Yep. Um, all right. Does any plan board
members, do you have any questions before I turn to town council? See if they have any questions or comments. Nope. see seeing nods. No. So, Jay Telman, do you have any questions or comments for us this evening? No, I don't. Um, you know, I think that
we're we're at a point I know that I don't want to steal Mark's um thunder. My guess is he's going to um be seeking closure of the hearing. And then with the acknowledgement that there'd have to
be a number of conditions that uh address some of the issues that are still not quite finished. I think that's the the question before you. I've been following along. Kristen's been terrific on marshalling all the all the
information. I think Bob's Bob Misho's um report was was really rounded out that stuff. We have some work to do in and around some conditions around that secondary axis and the road to re realignment.
Um but I I don't see anything particular from a legal perspective here. Thank you, Jay. Um Woody, yes. Go right ahead, Pete. Yeah. Yeah. You know, I uh you know, I I
I was able to talk with police to get their additional comments on this modification with court. I have I haven't had a a complete conversation with fire yet and I know that they might have a couple concerns. Uh and so before I would want to close this, I would want
to make whatever their comments are part of the record. Um and uh Christian, I know that you know you've been very patient as we go through this process. Um it this is a significant project and we just want to make sure that we're thinking of all the things we need to think about um and address all those
concerns. So that is my only comment. Mr. Chairman. Yes. Yes. Go ahead. So I Jay U is correct. Um I let him know earlier with a voicemail that I intended
to ask the board to consider closing the hearing tonight. Um I'm not going to pound the table about it, but I think we've made enormous progress with Mr. Misho giving a very positive report. Uh,
Mr. Smith addressing most if not 90% of Mr. Sir Watka's comments. Uh, Jerry providing some feedback on the architecturals. Uh, discussions on the burm. I really am of the opinion that u
with perhaps one or two minor missing pieces of information, everything that's left can be addressed as a narrative condition in the draft of your decision. And uh I think my client Mhawk has done a great service to the town by moving in
the direction that uh you ask them to move in with regard to public health and safety especially with regard to traffic related issues. So if it goes if it goes two more weeks and we have a very clear understanding as we end tonight's
session of exactly what is to be delivered and what will be the focus of the next meeting and that's it. I I I I I I'll warn you that I will be more insistent uh if the next meeting is two weeks out and we don't close because
this this has been uh really well reviewed by you and we appreciate that. Thank you Mark and I respect. Um the only other thing I'd like to clarify one thing the trail system that you
proposed in the plan that's remains to be private that was your intentions. Uh yes and and just as a reminder Mr. Chairman um you know the trail is not going to be finished with anything per se. There's there's a lot of uh access
through the woods in and around there and essentially, you know, would would just be marked with uh with permanent placards on trees as far, you know, maybe every 100 feet or 200 feet or whatever made sense depending on how far the uh the walker
could see. But in in direct answer to your question, yes, as as far as I'm aware, we were not uh designing that for uh for public access. Okay, thank you. Um, if planning board members
don't have any additional questions, I'd entertain a motion to continue the public hearing to October October 1st. Woody, one question. Yes. And maybe to direct it to Mark. Uh, is
the conservation commission the wild card in this too in terms of timing? Well, ultimately I think the conservation commission's actions can be reduced to a narrative condition. We've agreed and your your town council and I
worked on fashioning a condition that the current application to the concom will be modified to show the egress uh uh as was shown on the vanass uh sketch tonight. Um, and that is upcoming.
Obviously, there's a little bit of work to get more detail into it, but that's what's going to go before the conservation commission. They seem to indicate that given the planning board's desire to have that, and no objection necessarily from the fire or the police department, they would go along with it.
I I'm not going to speak for them. If they were to approve it, we would modify the site plan to show that uh definitively and go from there. Um, but we don't want to wait for that. We we don't think it's necessary. We have
sellers that are um really anxious to see this come to an end so that they can be paid and it so that's essentially one of the biggest concerns that we have. Thank you. And I I think if you go back and look at
what we put up on the screen last time, I'm sure it's in the tape and we I can send it again. It it it is comprehensive and it would allow us to do what we want to do and you and you get the product that you want.
Right. The interplay of con approval and the planning board is one that I just want to be sensitive to. I'm sure you are and I appreciate your response. Thank you. Mark, can you clarify though? Um because I I think I heard um Christian mention
that you've already amended the NOI or to in include this because I think our condition contemplated a different sequencing. I'm I'm okay with with either and I can work with the board to make sure that they're covered, but can
you clarify where that NOI is right now? Can I chime in on that? Yeah, because I wasn't at the October 3rd meeting. So Jerry was Go ahead. Yeah, I've been I've been working with Maren at North Environmental uh hand in hand with the
first filing of the NOI. The first filing was uh shows the you know the the two-way access that we had originally all along proposed and that's what's in front of the conservation commission right now. conservation commission is aware that we're we were going to come
back in with this with the plan B to cross the wetlands and provide a second uh egress egress from the project. So, but they are in discussions with North Environmental and I believe they want her to file a separate NOI for the
wetlands crossing. So the original filing was continued and I think North Environmental will be filing a separate NOI for the uh plan that we're discussing now that's on the table to show the uh second egress from the
project. So the other one we we are requesting the conservation uh commission continue the first NOI while they're hearing the second NOI. So, I hope that helps you. Attorneys draft something that will reflect that.
Yeah, that that helps. Just to under I just wanted to make sure because when I heard Christian mention it before it all it it appeared and I'm not trying to put words in Christian's mouth, but it appeared that that process was further along than um you indicated. I'm fine
with it either way. Um, obviously it tightens things up a little bit if if you already had that application in, but I think we could probably develop a set of conditions provided that we appropriately condition it on on the due
diligence elements of pursuing that second NOI. Agreed. I believe one more note. I believe um that the plan if we can get everything organized, the filing deadline for the
um meet conservation meeting um coming up in I think it might be the beginning of um sometime in our the 23rd of September is the filing deadline if which we would try to make the uh filing of the NOI for
the uh for the plan B the wetland crossing. So, Norse Environmental and uh hop and be will get the information necessary so that Marian can get that filed. So, by the time the next meeting rolls around, your planning board meeting will have uh we'll have that
nailed down. Good. Thank you everyone. And we we think other conditions that uh are beyond Mr. Watka's u purview such as u parking on one side of the street um
can be narrative conditions obviously we can put signs where you tell us to put them we can narratively describe how many and what distance apart they will be um I I'm I'm looking at my notes trying to come up with something I know
there was a final request um that the fire department be consulted on the court layout and that they have something on the record. So, we're going to get you that. Is can you specify for me the any other thing that uh any
member wants to see put on the record so that we're good at getting you what you need? Can I just ask ask that for a second? Uh Kristen, uh uh did you want a a cut through also of the uh tree and uh
appearance of 36? Um it so it had been requested at an earlier meeting um I believe during discussion but also um from one of the abutters that a similar rendering of the
site angle from the central street side be provided. Um I believe we requested that. that I have not heard again recently from that butter, but it was an outstanding
question. Um, I also want to just mention uh Attorney Bobski, it's we'll be able to reach out to the fire department um directly. I I'm happy to work with you and, you know, keep you in
the loop on that, but um I don't think we're asking you to make that connection yourself if that makes sense. Thank you for that clarification, Kristen, because that was in my notes. Okay. I also
So, I'll make I'll make note that you are going to contact them directly and we will work through your office. We would like to have um in the same way that we reach out to all department departmental directors to get comments,
we will uh work on achieving that on behalf for the planning board to have as part of the record. Um I also want to just mention um another entity in town is the open space committee and I have received some
questions about uh the layout of the open space and the trail from members of the committee. Um, I do think that the design standards in the MCMOD bylaw
discuss different components of open space. Um, in particular, it talks about open space that is intended for public use and whether it would have uh direct access to other public areas. I guess I just sort of so that Sadie in particular
is working directly with the open space committee on open space and recreation planning and I know one of the conversations they've been having in the update of their plan has been looking at areas of town that don't have nearby
neighborhood access to outdoor spaces and recreational areas. That's part of the review and assessment that the open space recck plan update is in the middle of. So, I guess I just want to just so I can bring information back to the committee. Is there a reason this trail
would not be accessible to the public? And and by that I mean other people living in the neighborhood outside of Biffield Heights. Um, no. Oh, I'm sorry. Go ahead, Jerry. I just want to butt in here a little bit.
Mark Bobski just texted me and he got cut off from the Zoom meeting and he's not available now. But that I was just going to say that um Mark could probably answer that best. It's has there's some legal issues why uh we uh want the
trails to stay private for the condominium association and there's some liability uh issues as well. But uh I'm gonna let uh uh Mark or Christian uh extrapolate on on that a little bit if
they if they need to. Yeah, I think largely Kristen that that is usually the driving force behind uh you know not initially making that uh public use is that it it does open up
the uh the condo association for potential uh liability suits. Um but again we we can clarify all of that with Mark and uh you know move move through that in the next couple of weeks.
Thank you. That would be great. I think the planning board has done a good job in some other open space subdivision approvals to you know provide for for uh public outdoor open space use. So that I look forward to hearing more about that.
Thank you. Mark, you're back with us. Okay, great. You're muted. Are you still on our case or do have you finished? No, we were still here. Okay. Concret has renowned bad cells service
and I live in a hole. So there you go. Yeah, I'm in a tough neighborhood myself, Mark. So understood. Um, if no one has anything else,
I would speak up or hold your peace. I would entertain a motion to continue the public hearing to October 1st. [Music] Move.
Do I have a second? Thank you, Pete. Second. Woody, can I ask a quick question clarification with town council? Um, as you may have seen from our earlier uh one of our earlier agenda items, but in
many cases, the board has left the public hearing open in order to actually review a draft decision. I just want to clarify how that will proceed for this project. Good question. I I think that's really a matter of of
the board's preference and sometimes an applicant also likes to keep a hearing open for while a a decision is being drafted. I suppose we could cross that bridge on October 1st. Um you know the the option of keeping it open while
we're drafting allows an applicant to comment more and also would allow additional facts if they needed to fill a gap. Um but I I think that that is probably worthy of a discussion at the next session. Um because my guess is
we've got a little work to do on uh completing the evidentary record and then we'll be deciding the process for either closing or not closing, deliberating, and drafting at the at the next session would be my guess.
Thank you. Okay. And Woody, if I may. Yes, Steve. Now that um Attorney Bravowski is back on, I'd like to ask him whether he wants to add any more to the discussion about the legal implications of the open space and the
trails. I know uh your co coworker, shall we say, covered it, but I don't know whether you feel you need to weigh in as an attorney. I don't know what he said, but my advice to my client would be that the trails should remain uh private access and no
public access. It's a enormous expenditure and liability risk and I I know that there are statutes that protect private land owners who allow who allow public access, but my experience is that it only leads to trouble.
Sure. And I'm sure you'll talk with your client about what was said while you were uh in the hole and conquered. Uh okay. But um just to make sure you are fully appraised. Thank you. Well, back you coached him well because
that's exactly what he said. Great. One thing I can do is listen, Mr. Ker. Thank you, Steve. Thank you, Mark. Thank you. Um, so I have a motion on the floor
from Pete. Yeah, that was second, I think. And Scott was a second. I didn't hear that. Thank you, Scott. Yes. So, I'll do a roll call vote. Pete, yes, sir. Scott, yes. Steve, yes.
And Mary, yes. And I vote yes as well. Thank you all. Thank you, Mark. Thank you, Christian. Thank you. Thank you, folks. I appreciate your time. Yep. And very productive and we'll see us all soon.
Very good. Moving on. Yep. Have a good night and good luck, Christian. Thank you. You as well. Yep. I mean, you have a good night. You don't need the luck perhaps, but you never know. Hopefully by next meeting I'll actually be able to move my knee, so that'll be a
good start. Yeah. Yeah. We wish you Thanks a lot, guys. Byebye. All right, moving on. Old business, 15 Central Street, preliminary subdivision. Application for two lot subdivision at 15 Central Street, assesses map U1-0-53.
Owner LSP St. Hela. Applicant M Becker. Michael Becker, you're with us. Thank you. Thank you for hanging out. The applicant. Yep. Um would you uh would you like to
uh can he share screen Kristen? [Applause] Um I Mike, would you like to share screen with uh it says the host is disabled. Yeah, I I need to make you a host, but I
didn't know if you wanted to do that. I'm also here this evening with my uh my engineer Jack Sullivan. Okay. Welcome, Jack. I was uh thank you asking if you wanted to share screen the modified plans
um and go over any information. See if I can Oh, there it is. Okay. All right. Is that working? My computer just froze. It's still loading, but give it a second. Okay.
Seems like it's working. You You can see it. We can't. Or I can't. Oh, there it is. Very good. There it is. Yep. Go ahead, Mike. You have the floor. Um, I'll I'll let Jack uh take it from here if uh Jack, if you want to go through
some of the uh Sure. Yep. Sure. So, so since we last um met with the board, um there have been a few changes made to the plan. Um th this is a proposed there's an
existing home. Um we're going to be breaking a lot out back that will service a duplex unit. Um, originally we had the proposed driveway further over to the left of the site and after a sitewalk uh w with the board there was a
decision to relocate that driveway um further um away and we were also reigned the pavement access to the second lot. Um, we have a minimum inside radius of 34 ft on the pavement for the fire
department movement. The driveway itself to the duplex duplex lot is less than 150 ft in length. Um, we're going to create an easement in a future date um to provide water service to the duplex lot. Um, the pavement section getting
back to this second lot will be 22 feet wide. It'll be within a 36t rightway. Um and we're looking at um storm water mitigation for this lot. A few things we'll have to do some so future soil
testing um for drainage but and also for septic. Um but right now we're we're going to we're thinking of putting uh super elevating the driveway, having a stone trench on the right side. Um, but we may have to add some features like a
rain garden or some other sort of storm water management um methods to to deal with the increase in storm water runoff. But we haven't done any of the soil testing yet, but we will be looking to do that in the future. Um, Mike, if you have anything to add, I
think I'm complete or I think this is a much improved plan. It requires the removal of much less trees, the removal of much less ledge. It's farther from the neighbor's house, creates no new nonconformities for the existing house. Uh, it will provide
better access for a driveway for the existing house where the current driveway could potentially be blocked by an easement that I don't have the specifics on, but as I understand it, the easement in the lower right hand corner of that lot allows the adjacent
property to park there, which kind of blocks the driveway. Um, as was mentioned, it's less than 150 ft. Uh, and the the house will be cited within uh the distance that uh feedback
I received from Lieutenant Grant said that the front door of the house should be within certain proximity of the public way. And we can do that easily without as much sight work as previously uh we would have needed. Uh the 34 ft radius at the street is based on the
feedback that I received from Lieutenant Grant uh of the uh Newbury Fire Department. Uh I got a uh legal opinion from my attorney which I submitted to uh planner uh
Christine Grubs uh relative to the nonconforming nature of the existing building and how the new subdivision does not uh affect the nonconformity or create a new nonconformity or affect the grandfathered nature of the
nonconformity that's there. and that is uh supported by case law that's cited in that letter. That's about it. Okay. Thank you, Mike. Um planning board members, um do you have any questions? Yeah. Um
well, yeah, I just I just have just a point. Um really of clarity. Um, I appreciate, um, you know, Jack, um, you know, and Mike, um, and Jack your intro and, um, especially your,
you're laying out the, uh, new plan for us. And I'm, I'm certainly not in any disagreement that, uh, this this more than likely is a a better plan from, you know, what you had. Uh, but I do want to just say that, you know, we as a board,
you know, out on site during our sitewalk, we really didn't make a decision. Um, you know, while we're out there and I think you, um, you know, um, maybe a slip, you know, you led us to believe that, you know, we did kind of
all participate in that um um, you know, whatever decision that you're talking about. But, uh, I just wanted to put some clarity on that. Understood and and agreed. Thank you, Scott. Thank you, Mike. Any anyone else have any questions or
comments? Hearing none. Um Kristen, is there anything you have to say on this? Any insight or comments? Um no. Again, just to state for the public and the board, um this is a
preliminary subdivision. So, it is um sort of concluded with a one-page vote by the board within 45 days of the applicant's original submission. And generally, that's again a one pager of
the vote gets filed with the town clerk. Um however, you know, nothing is recorded at the registry about this and it still um requires the applicant to go through the regular uh definitive subdivision process uh with the town
which has a butter notices and a public hearing as a part of that process. So, you know, Mike's aware of this, but I just wanted to sort of remind everyone of what this project was. Okay. Thank you, Chris.
With that said, I'd entertain a motion to approve um the preliminary application for a two lot subdivision for 15 Central Street. So move. Do I have a Thank you, Scott. Do I have
a second? Second. Thank you, Steve. Uh roll call vote. Pete, yes. Scott, yes. Uh, Steve, yes. And Mary, yes. And I vote yes as well. All right. Thank
you, Mike. And thank you. Thank you. Thank you, everyone. Thank you. Have a great night. You, too. Moving on. Um we have uh Stowway Storage LLC DBA Newbury self storage lake
131 Newbury port turnpike 23 sled road assesses map R36-0-23 William defesco excuse me um owner Eric Bottoman Millennium Engineering request to close out the
site plan including review and approval of asbuilt plan and other conditions. U Kristen, could you update the board on where we're at and items discussed since last meeting, please?
Yep. Um I think you know everything's been reviewed by the board and and was and um at the last meeting. I think at the last meeting we discussed having some questions that had come up during the site visit about the um property
boundary between this property and um at 101 Newberryport turnpike. Is that the right address? 23 Sled Road and New Breport Turnpike. Um 131 131. Thank you very much. um
about 84 Boston Road on the back side of the self storage property. So, we had um reviewed that boundary line and had some questions about uh uh checking in on the conditions in the original approval
relative to access. Um and I uh appreciate those questions that had been raised. We um did our research on the language in the decision as well as um you know I had a conversation um with
Bill D. Francesco, the applicant. Um, for the record, the decision has findings that state that um, safety for vehicles is approved on the site and entering onto and egressing from the site will be maximized through continued
use of the single point of entry and egress off of Route One and by the layout of the driveways to and around the buildings. um and adequate access to all the structures is provided for fire and emergency service equipment. So just
to summarize that the initial approval of this decision was reviewed by fire and the spacing around the buildings um and the firewalls in between each of the buildings. So all of fire safety
questions I believe were met um by this finding that the access uh is only off of Route One. So there is an easement between self storage and 84 Boston, but that's an agreement between the two property owners that wasn't created for
fire safety purposes. Um, so I'm happy to answer further questions about that, but I I do think in my opinion this is appropriate to close out. Okay. Thank you, Kristen. Uh, any
questions from planning board members? I guess I just have one question on the lighting um out at uh I think probably you know on the west or northwest um of the side where
bus route one. Um, you know, there has been some concern in the past about the lighting and um, you know, out on one and how far it reflects
um, or illuminates um, you know, to the east. has that been um is that no longer an issue or So, Scott, we we met a long time ago on site and there was supposed to be some reflectors uh put um by uh Bill's
electrician to help shield uh that the the the unfortunate component is we weren't when we when we gave approval to the original project, we didn't have on our radar screen lighting and so we didn't have any conditions on
lighting. So the the site was approved without lighting um uh concerns and we went back to the applicant afterwards and he said could you please look at this and he said we would uh and that was just out of an an act of good faith
as opposed to a condition that we placed on it. Um, so you know, as a planning board, there's a learning curve and we learned kind of harshly about lighting with this project. Um, and I think if it was to come before us now, we would have a very different um, understanding and
appreciation. September 3rd, 201 I think that was an accidental interruption. Okay. Okay. Um yeah, I was just asking the question, Pete. I know there was you know some concern. I just wanted to make certain that you know if um you
know prior to an approval um we want to have a discussion or um potentially we can um you know address it uh the next go around um if there's ever a um an application in the future for uh some
more storage. Yeah, you and you know we because of self storage we we learned it very we were very uh uh strong on it when we did the golf center our radar was very much alerted and we you know were concerned
a learning curve and it wasn't in our condition in our conditions. Um and I I'll just add I appreciate the question Scott. Um I my understanding well so to clarify this this is uh the
third site plan approval for this particular property. It's actually it was the expansion which is that rear lot. So the middle and front buildings and lighting have already been closed out. Um and to that end, uh my
understanding is we have uh um Bill's uh the building inspector for the town that reviews lighting has said that what has been built on site is consistent with the decision. So we do have that
documentation in terms of what the conditions were at the time for lighting. The final thing I'll say about this is I do think um the close out with 84 Boston that has a condition related to tree
buffer on that backside. Part of that tree buffer in addition to wildlife habitat is to help with lighting that extends in that direction um which is that east away from Route One towards
uh the landfill. um and towards Old Town Hill. So, I do think we'll have an opportunity to think about um some screening for the lighting in terms of that other direction for this um at a future date.
Good. Thank you, Kristen. Thank you, Scott. Thank you, Pete. Thank you. Yes. If there's no other questions, I'd entertain a motion to um close out the Stowway Storage LLC
site plan project. So moved. Do I have a Thank you, Steve. Do I have a second? Absolutely. I have a a tie between Pete, Mary. Thank you both. Thank you, Pete. Um,
roll call vote. Pete, yes. Scott, yes. Steve, yes. And Mary, yes. And I vote yes as well. So, they're all
set to go. And the next thing I have on my agenda is leazison and meeting reports. Um, ZBA. Larry's not unfortunately not with us this evening. So, we'll have a report from him. Conservation Commission, that would be me. We met last night. There was only
one thing that ended up being on the agenda that didn't get uh continued for order of the applicant and that was the project where the old Pom Island Grill was. I forget the address off the top of my head, but um it's been much
scaled down. It went before ZBA. It's been on and talked about for 6 months or so. Um, that was approved as planned as the plan was set and presented to the conservation
commission. And there were a few conditions. I don't recall what they were right now, but um that that projects ago. It's a it's a two two family townhouse. So that that's off that won't be on our
radar and that's that's uh done. So that was the only real item on the conservation commission. And then we have MVPC Chris. Um we have our MVPC commissioners meeting the first since before the summer um tomorrow. So I will report
more um at the next meeting. And as mentioned, we'll be scheduling a meeting with the planning board with Ian Burns from MVPC. So we'll have some discussion with him at that point with housing strategies, affordable housing
strategies coming up. Okay. Okay. Thank you, Kristen. And lastly, I have a wonderful meeting minutes from September 3rd. Has everyone had a chance
to review the meeting minutes? I haven't. Okay. Thank you for your honesty, Mary. Um, everyone else, I take it has reviewed them. Any questions or comments on the meeting minutes? I do have one, Woody. Uh, okay.
And it's, uh, under, uh, it's under, uh, the public hearing 34 central. Uh and it says uh there was it talks about option A refers to the
current plan plans of record uh which will be the course of action if option B is rejected. I might suggest that we not use the the terminology is rejected but uh not approved by conservation commission because there it's not that
they're rejected, they're just approved or not approved. So that's cleaner language. Uh, and it also tells about who's approving or not approving. So, just uh not approved by the conservation commission would be my recommendation for that. We'll make that change. Thanks, Satie.
All right. Thank you, Satie. You do a good job on the meeting minutes. Any other concerns, comments, questions on the meeting minutes from J from September 3rd? All right. Hearing none, I'd entertain a motion to approve the meeting minutes
from September 3rd as amended. So moved. Thank you, Mary. Do I have a second? Second. Very good, Steve. Uh, roll call vote. Pete, yes, sir.
Yes. Steve, I. Mary? Yes, indeed. And I vote yes as well. Seeing nothing else on our agenda, I entertain a motion to adjurnn.
Come on, you guys. I'll take that as a motion. Mary. Yeah, sure. Why not? Do I have a second? Don't everyone speak at once? I know. You guys. Oh, okay.
All right. Thank you, Steve. Roll call vote. Pete, Scott, Steve, Mary, and I vote yes definitely as well at 9:07 p.m. Thank you so much, Woody. Thank you guys. It's good to see you all.