this government meeting is brought to you by eastw works and our local cable subscribers thank you good evening everyone all you folks out in um Charter country i' got today's U March
5th and we have the U meeting of the Southampton planning board and I have three members present which is a quorum in La Valley Mark darnold and myself Paul Damon and tonight's uh agenda the most
of it is going to be focused on a public hearing we have coming up about several zoning revisions and amendments we have worked on in the past um year since
July and uh they pertain to uh section 275 of the zoning regulations for definitions uh accessory dwelling units uh which are forly known as accessory
Apartments uh solar electric generating facilities uh revising um table of use regulations and amending section 275 article 9 for site plan review and also amending section
275 for site plan review and site plan approval um this hearing that we had was published in the daily Hampshire Gazette here's all my stuff here what happened to
it the previous two three tues days I must look oh here it is February 18th and 25th in Daily Hampshire Gazette and it was quite extensive
I um I won't read it all because I've just alluded to the U sections we're covering it was posted at the uh clerk's office and it was available online um and also through the planning
board uh email so at this time I am going to um turn the meeting over to our consultant Richard Harris who is here who helped draft these amendments going
forward and we'll hit all the Highlight points um unfortunately I have nobody from the public here that will weigh in but it is what it is that we have to continue with this but um we'll go on
from here with Richard which one do you want to take up first it's your choice okay let's start with accessory dring units um the state just as a way background
the state adopted a new law last year that would effect last year but effective February 2nd of this year accessory drilling units that meet the standards of the state definitions state law or Allowed by
right you can require site plan review but if you don't amend your Zone by law to provide for that they're Allowed by right um and without local standards at all so the purpose of
rewriting the I was previously referred to as accessory Department uh provisions of bylaw and that was section uh 275 2.3 or that's definitions 2757 7.5
7.5 I had revise uh 275 d2.3 and to in the uh use table to address other aspects of it as well the purpose is to provide different definitions one
that conformed state law that provide that qu qualifying Adu is exempt from Zone subject to reasonable regulation and make clear what the the regulation is at the local level in
Southampton own occupany requirement is not permitted so you can't require an own occupy either the principal or the accessory drone unit you cannot require more than one parking space for qualifying Adu and
just to clarify these are changes from our existing bylaw correct correct the qualifying Adu is limited by size established by the state and we get into that there so there's a need to establish reasonable
regulations for Southampton and you can provide an option and this provides that for non-qualifying adus the state law requires that an Adu to qualify has me sell stands one of
which the size is limited to 1/2 of the size of the principal drilling up to 900 square ft some communities have been allowing
accessory drone units of a, 1200 and that's fine but they don't qualify under state law so we want to allow that you need a provision for non-qualifying adus uh
and so we made that in in here as well additionally there's are there requirements as to uh parking spaces so they want to do more parking spaces you make provision to allow for
more and so that's what this does so what we've essentially done there's also a provision in state law and I don't agree with the regulations translated this the state law said that you cannot require any
additional parking for an accessory drilling unit within 1 half mile of a transit station that's fine the regulations as they came out Define include bus station okay but they
Define bus stations anywhere a bus stops for embarcation dis embarcation so if you've got a bus route anywhere on a road and you can flag it
down the entire Road Corridor becomes a bus station um and in some communities that can be a significant issue Additionally you have to allow by right or you can
require a special permit for any Adu and you have to allow them in any District in which a single family home drun can be permitted whether that is a permission
by special permit by right or by use variants um I have worked one community that they allow use variances in all the
districts so under the regulations they would have to allow an accessory drilling unit in any zoning District in their town because the use variants would allow a sing family home anywhere in the
town so that's that's things have we have to deal with is that uh so any District in which you allow by any means a single family home you have to allow accessory drill unit and that can be an ad that is
attached or detached and there's some question about what the setbacks can be that apparently isn't addressed but there's been online discussion about no can you require the
same setback for a um principal drilling for accessory drilling well there's argument that no it's accessory therefore you should be going by the accessory building setback
some commun that's a big issue because they allow accessory drilling on the property line 3 ft from the property line because it's a small accessory shed or garage it's not occupancy area and
that's I know some communities have talked about revisiting the setback requirements to address that how do it stand right now here I don't recall how that is I there's nothing in this new version that stipulates that no so I
would interpret that you go by what the accessory setback is I don't think that's a big issue in Southampton like it is in some commun South had we allowed accessory buildings within 3 ft in some some cases it could be though it depend on how tall they are
it could be um and the big issue that is fire code but that's the other thing is even if the zoning says hey you have
a 3-ft setback for your accessory building it still have to me fire code and that's going to have building to building separation requirement and so if somebody's got build 3 ft from their property line you're going to have to meet the
fire code requirement to satisfy that otherwise you shouldn't be given getting a building permit for it and the insurance company wouldn't be very happy with you anyway so those are some of the issues we tried to go through on this so the
definitions include a new definition for CES it Dr it deletes the one for sory Department and inserts one for accessory Dr unit which basically reflects the state law and state regulations it
inserts a definition for bus station and it defines it as spe as defined in the regulations a location serving as a point of embarcation for any bus operated by a Transit
Authority so be if pbta goes down your street within half a mile of that street you can't require parking spot parking um it deletes in its entirety the
existing 275 275 d7.5 accessory apartments and places with a new 27575 accessory drone units to read as specified in here
and let me there it is okay I'm not sure you want to go through every bit of this it's a very lengthy read now go through the major the major changes from the uh previous one
um did I I brought my anot tape yeah here's my anot tape oh that's not going to help okay um per required you can only require a building permit
you can require site plan review but no special permit um that's if it meets the provisions of what an Adu is as defined the purpose of this is to uh
same as your existing purposes except one of the comments made by uh marget hery from Attorney General's office in her email comments were one of the purposes we had in the existing bylaw and I carried
over was protect stability property values and the residential character of the neighborhood by ensuring the accessory dant are we had in their installed only in un occupied houses and under such additional conditions as may be appropriate you
can't require be owning unoccupied houses so it now would read protect stability property values and the residential character of neighborhood by ensuring that accessory Dons are installed under conditions as may be
appropriate to further the purposes of this bylaw we add legal purpose to provide reasonable regulations for development of accessory drance as D drance to
uh let me take out word two in here as Allowed by Master in the Law chapter 48 section three then section c provides accessory drent standards first one is same as always
separate unit complete separate housekeeping unit that functions as a separate unit from the original unit only one drone unit will be created within on same parcel as a single
family that's one sess Jo you all got same family there so it's one the lot must conform and this a change put in here based on an email from Miss herie originally I had in had
in here that the lot had to conform to zoning except as provided under regulations said that may not meet state law so I put in here the lot must conform to the definition of lot as specified in
the regulations and leave it at that so in the state regulations uh 760 CMR 71.0 2 the development of necessory drone unit as part of a pre-existing
non-conforming structure or lot is permitted as provided in 760 CMR 71.0 3 parthy 3 pares b n question
yes so is this saying they could be put on a pre-existing nonconforming lot in town yes as long as they probably pass Board of Health muster right yep if they could get a single family home permit they can
get a accessory drone permit that could spark some interest in town but remember you've got to get the principal drone un on there first or or you can do it at the same time but you have to be able to get a principal drill you on there oh it can't be a standalone
no because it's necessory drilling unit accessory to a principal building on that lot all right so that isn't going to trigger too much of anything maybe no to to accommodate what I was thinking for pre-existing non-conforming lot
you'd probably have to do um You probably have to revise the bylaw for what not tiny homes small homes or yes and there was Amendment to the as part
of the same act that created this Adu provision there was a provision that uh notified to some extent the merging do merger Doctrine so if basically you've got pre-existing nonform lot of 10,000 square
ft you can get you can pass Port of Health Master you can get building permit for it but it's got to be on the books right we it's got to be a pre-existing nonform lot but I mean it's got to be stated in the bylaws it's just not by right or
anything is it yeah it's un state law so somebody right now could come in on a pre-existing nonconforming lot and put a dwelling if the lot's 10,000 square ft more and they can meet Board of Health must
here I don't think a lot of people know that in town that hasn't got as much attention um that I don't I don't think many people realize that in town because there there there's several not conforming Lots in town and but
questions would they meet Board of Health must uh yeah some of them would cuz that that's often going on small lots that tends to be the big issue M of with the septic field and be able
to replicate that field that tends to be a bigger problem than anything else the ones that would be particularly of interest to are the ones that are on Town water I mean there's there's several that probably won't meet one have the well issue yeah me it that that would have to have a well but um the
ones that are on Town water would certainly um qualify let me um make a note of getting you information about the merger doctor change so you'll have that available not more than one Adu provide on single
lot which just replicated earlier um sess Dr unit shall maintain separate entrance either directly from the outside or through an ENT entry wall um the assess shall clearly be be clearly subordinate shall be clearly a
subordinate part of or accessary to the single family dring again if it's detached that's doesn't really apply and SE shall not larger than in Gross floor area than 1/ half the gross floor area
of the principal drilling or 900 ft whichever is smaller and that's where some question is well to unfinished basements count my mind they don't because unfinished uh but that's basically building code and Building Commissioner
determination to make on that in my opinion and what's the so could somebody ask for a waiver to be more than 900 we've got provision here to allow that they ask for a special permit yeah okay
um 900 is not allow by right is that correct allow well it's 50% or 900 is ever smaller yeah but if it's over 900 is so they got 2,000t house the B the state law only provides protective
status to those with under 900 ft if somebody came in and said hey I want to do I got a 2400t house I want to do 1300 1,400 square foot Adu under this B you could apply for
special permit to do something different from what is otherwise allowed that kind of defeat the purpose of it all no actually and it that's in there because a number of communities had Provisions for to
allow larger uh adus the state Provisions targeted targeted again it's written for the eastern part of the state as are the regulations because of
the density probably right um and there 900 is pretty good size unit and when you start looking at construction cost especially in eastern part of the state you're not going to build a 900 ft detach drill unit for
200,000 it's going to be much more than that so yeah it's it doesn't defeat the purpose it simply adds an opportunity for someone to do something different which I don't think is a Bad Thing uh
when I was at lunenberg we looking at they they said no we already allow larger adus and I said well we WR a provision for special permit for it the building Comm commission thought that's a great idea that solves that problem
and Margaret in her um comments had no comments about that provision at all so um item nine is another point that she had a comment on that is the required parking I had in there at least one must
be provided said that would suggest you may require more that was an intent I explained the intent was to give the owner an opportunity to do a second one if they wanted to maybe they had a truck and a Traer they wanted to park in
parking spots and she said they had not even thought about that and is a good point and she would appreciate it so um so what I put in here was consistent with the law only one H one
off street parking space is required for each assessory drone in on the same lot and then we got in already that where the assess is part of in part of or attached to primary residence on the property the parking space for the
accessory ding should be incorporated into the parking area for the primary structure feasible we don't people adding improvi surface if they don't have to no additional on street or off street parking space is required for
necessary Dr if any portion of the lot on which it is located is on which it is located okay yeah she caught that there another eror I didn't catch she did within a half mile radius of a p
station I added this other provision provision of more than two all street parking spaces requires a approved by the planning board I didn't put that that is a special permit I think they should be able to
come in planning board when they apply for the building permit and say no I want to put three parking spaces and this is why and the board should be a to say yeah yes or no you may want to say no because why do they need three spaces
for a 900t Adu and then um for drone served by on Street on side septic must obtain Bo of Health approval construction of a accessory Department accessory drone
unit must be in Conformity with the State Building Code assessory drone by special permit where assessory drone would not meet the definition of a protected assessory drone un as defined in 760 CMR
71.0 2 the assessor drone may be permitted only upon issuance of a special permit by the plan War subject with the following Provisions may allow for more than one Adu on the same
lot so they want they got two acre piece of property and they want to put two units back there they could apply to plan board for them or they have one in the building and when detached they apply the plan will special improvent to do
so um may allow for a large accessory drone un otherwise permitted provisions of bylaw touching the point they want to do 1,000 squ ft apply for special permit to do so
except as previously excepted no special perent shall otherwise allow for incest dring to deviate from the provisions of Zone B so those are the only three deviations
that may be permit that are allowed by special permit and in considering rather Grant may consider where the additional accessory Dent or large accessory Dent will will be compatible with the
architectural style of the primary Drilling and any other accessory dring on the lot the existing byw has a provision that adus or assess departments must be uh me the be compatible architectural style you can't
do that on an exempt use because that gives discretionary judgment that you and it imposes additional burdens on the Adu that you don't impose on single family house so in other words no design
standard so to speak for an necess for a protected Adu it apply for a special permit that's a oh another B wax M application procedure procedure process shall be the same as as
prescribed in article 9 site plan review and approval you could do it as a uh uh minor site plan r view if you wanted to it depends if you want to go through the former hearing process
that's something we can discuss once this goes through how you want to handle that cuz that's not part of the bylaw itself um I know in case of Hadley they in their Adu
bylaw revision what they wrote in and I know because I'm working with the client who's doing the Adu in or trying to do Adu in adley um they put in there that it must have administrated review by the planning board and then specified what
parts of the site plan review requirements apply so it's not a formal site plan review they basically submit a plan that meets those requirements at a for regular plan board
meeting while I called minorite point of view but that's they refer as administrative review pre-existing approved accessory drill units is uh statement number 10 that accessory Dr which meet the definition of protect accessory jords in
existence or previously approved are treated in accordance with masterin law 48 Section 3 and 760 CMR 71 if the accessory D un which meets definition and standards for protected
use Adu under 760 CMR 71 any conditions which are attached to the approval for any such accessory D that are considered prohibited regulation or unreasonable regulation under 760 CM or 71 are not to
be enforced so for instance you issued a special permit for a accessory drug unit that required own occupancy that's not forced you issued a special permit for a assessed Dr requiring two parking
spaces you can require the second parking space those are some obvious prohibitions if the assessor Dr does not meet the definitions and standards for protected use assessor
ding under 760 CMR 71 the conditions attached to such prior approval shall continue to be enforced so got special permit for accessory drilling unit of 1,000 square ft and that condition was on
occupancy or uh must have two or three parking spaces those conditions are still enforced because it's not a protected Adu one of the requirements is that you
um have to treat it and allow in any District where sing fam is allowed so it CH the use table will be changed where accessory department is shown as special by
planning board it'll be accessory drilling unit by site plan review and that's it on that one questions comments oh good did a nice job with it
as usual thank you what would you like to approach next let's do solar solar I at the last meeting we said deadline the February 12th I didn't receive any
comments so iume everything's fine with that I'll do the short version of the the intent of this is to make solar Jing facilities for accessory uses to especially residences res preses
yeah as Deal use for agricultural protection ancestry in general and minor ones easier to permit so some you don't go through
special perit anymore uh the definitions of what a small one is was it's really really small under the existant bylaw it increases that to 100 it it I think the existing one was
16 Kil hours this is moves up to uh 100 so it it has some lots more flexibility than when you had before and this this was long long overdue because many other communities as I to repeat
myself after we went through how many applications in the last year yeah was way overdue because no one had uh small scale as small as we did um so it the article inserts new
definitions into the zoning bylaw so electric generating facility solar electric Jing facility accessory solar electric Jing facility dual use and agriculture use and that is one where they are
putting Soder in an agriculture operation and it it will enhance the agricultural use of the property and will not diminish it such as what we had with
um viest Orchards yeah yeah they can be wider set the roads be wider apart so they can grow in between they may be higher than otherwise so they grow under it I've seen a variety of uh just research that that there's some that
raise them up higher because the type of crops they grow or type of use of land requires a lower growing area so they do that that it's it's interesting how they accommodate that and by the way
accessory is lmed in size to 200% of the projected annual uh electric use of the site's building use so building or use so that way if somebody is putting a th000 megawatt out there and say oh
it's accessory no show me how your facility on the site is going to consume 500 megaw and you're not going to see that happen if they're doing that then they got a huge business and need I'm sure you can accommodate them but
yeah uh maybe a car manufacturer but um solar electric during facility ground mounted solar electric during facility large scale 250 that be 250 or a
collective area Collective area of solar panel arrays greater than 2,000 square ft and do that because again if we're trying to say we're going to make it easier for smaller ones we want smaller solar rates and this
2,000 square feet seems to be reflective of what is done on the smaller scale projects um or less than that solar electric Jing facility medium scale 100 kilow uh but
not more than 250 medium shall not have Collective array of solar panels Collective area of solar pound Ray greater than 2,000 so it's 2,000 I Don't Care What They're generating they still have go to Major
to the large scale uh so generating facility roof mounted so generating facility small scale that's less than 100 KW hours and then definition of solar
panels array table use regulations is would be amended in the wholesale transportation and Industrial use uses category to delete the existing uses insert the new
ones uh for solder indicate that small scale solder are to be permitted by right in all zoning districts by right mean they don't need to come here they simp apply for building permit and the procedure will be the building and this SP later
building commission refers it to plan board at a regular meeting and your review is limited doesn't meet the zoning requirements that's it right medium scale SAR Jing facility it would indicate that solar electric Jing
facilities are to be permitted by special permit and RR and RN districts that's consistent with the existing zoning bylaw I suggested this be site plan review but nobody made comments so
we've left it I'm not sure what you want if you want to make it site plan review indicate that Medium sold electric Jour facilities are permitted by site plan review by the planning board well what's your feeling on that should it be site plan or should it be I
said I said suggest changing this to site plan review yeah that was my suggestion and nobody said yay or nay so I assume it was nay what you what's your feeling on that guys they plan on medium
or special parment again what's the physical size or medium uh 250 Kow hours yeah physical less than 2,000 uh Square ft of a Solar
Ray so you got I would think site plan so you got 2 acre piece of property 2,000 ft of that could be solar array now there going to be additional area for accessory equipment less than another 500 sare ft at most what's this
this room has got to be pretty close to 2,000 so site plan site plan yeah I think so be me special permit should be something significance yeah that's for the real big ones yeah let's change that to
site um indicate that solar medium solar electric General facilities will be permitted by site plan review by the planning board and chnp Zone districts my suggestion that
this be minor site plan r view mhm large scale solar electric Jing facilities indicate that large scale solar electric journaling facilities which do not qualify as either accessory or dual use solar suits are be permitted
by special permit in the RR and RN and CH districts indicate that large scale Jing electric Jing facilities which do not qualifies either accessory or du use facilities are to be permitted by site
plan review in the IP District accessory Dr accessory Circle accessory solar solar electric electric describe this easier phrase indicate that these accessory
facilities are permitted either by right or by S plan view in all zoning districts and that's elaborated upon in the um uh uh
27576 dual use so electric Jing facilities these are permitted by right or by site plan view in all Zone districts again that is discussed and detailed in where they're doing Agricultural and
soda combin and and they had to maintain the agriculture use they can't diminish it any so the existing 275 7.6 solar electric Jing facilities will be deleted
in its entirety and replaced as follows oh you don't want to read all that do you no so it's got a purpose statement applicability there's a section on General requirements that those apply to all so
electric um maintenance of the facilities site plans where site plan review is required for solar electric General facility the process and application of applications decisions approvals denials lapsing application
fees application review fees and appeals shall be in accordance with article 9 and the plan Woods policies and procedures uh put that on your list for future work policies and procedures we start on that a couple years ago we got
to we got to do that next after we get through all this other stuff I would suggest that when this town meeting May or June have you heard Dan yeah I should probably know the date off the top of my head but I remember May or
June uh may let me just look it up what I'll do is I'll aim to have a draft these before your town meeting because if these are adopted those at AG's office for we would be good to have at least the
draft of poliy procedures by town meeting so that then we can finalize them before hold special A's office approves it the Special town meeting on March 22nd no but I mean the annual oh the annual not the special no
not the annual nothing on that yet I don't see anything on that yet no it's either late May or U early June it was supposed to be laid May last year when it was pushed back to June but I don't know
um okay Sol electric Jing facilities by right so where they allowed by right and it specializ which types are allowed that way uh deal then this where the reference ear by right or by site
plan r view is addressed for accessory less than 250 KW hours Deal use less than 250 Kow hours thereby write the apply for Bill and it so those be allowed procedures the allow
by right only require building permit prior to construction the building permit shall be approved and received prior to beginning uh of any work ining facility priority issurance of building permit
for a by solar electric dring facility The Building Commissioner shall submit the application board administrative view by the plan board in accordance with the board's policies and procedures the and then says the B viw
is limited to uh determine whether it it uh confirming whether or not The Proposal complies with Zone bylaw requirements such facilities inclusive of any request for waivers
submitted board so somebody applying building permit for a by right facility they need include any wave request they want the Building Commissioner submits that to the board
along with the plans the board at a regular meeting decides whether not to Grant the waiver and whether not and if so then whether not meets the zoning B requirements chances are if you deny the
wave request they're not going to meet the Zone requirements because they didn't get the waiver um this intended you may have something here that just doesn't
apply and instead of making go through a formal hearing process for the waiver trying to make it simple uh the limitation of review by a by right does not limit or remove the requirement for compliance all other
applicable bylaws laws regulations including not limited to approved by the Conservation Commission so just because you're get a building permit or plan War approval that doesn't mean you have to go you don't have Cod
conservation um and I did this because in lunberg they had that exact problem somebody got approved by the planning board but never got approved by the Conservation Commission and we don't need to prove by yeah you
do yeah we we always send ours over to con remember these are by right you want now you won't be doing that because you won't have time they been building permit hopefully
the building commission sends all building permites to the conservation well I was just going to say then it would devolve the p him to that some of this other stuff is standard in the previous one dimension and height requirements yes screening
screening waivers waiver and waivers are different uh because we now have provision for waivers and it discuss how they have to do bases your rules and regulations over parking areas where the
facility is being constructed to in or over this parking area may not diminish the number of parking spaces below the M required may not all to the storm water runoff or drainage
flow and then provision abandonment and decommissioning which is pretty much the same as right you had which is large scale predominantly right you have it already for small and this the or this is the uh provision for that General
requirements applicable to all solar electric General facilities requiring either site plan review or a special permit um it's got yeah and it
says accessory would do use I'm not sure there's any provision for do those but that's in there anyway um it's pretty much a lot of the stuff that's in h live what's in there now um or I mean in the one and that's
what I was trying to do instead of the current repeats it for each one of them I want to just have one section you go through that and then go to the the meat of what you're looking for um number nine
page 10 page 10 okay I had highlighted uh under safety and environmental standards land clearing it said we had made a I think we made a u edit on that and number two
B2 no less than 50% of the land parcel utilized for solar y shall be forested okay is that what yours reads it said the the original one said no more than but it should read no less than
right yeah yeah it should be no less than yeah when I read my initial reading was Forest it means of clearing no that's it's the opposite it's it if it said deforested then it' be no more okay
um PR to change shall be to shall remain forced PRI should change shall be forested to shall remain forested remain yes yeah better choice
of words yeah okay um okay H is solar electric G facilities requiring site plan approval in accordance to section 9 and then specifies large scale medium scale soldar electri
facilities however it may be approved under a minor site plan review where the applicant is not requesting any waivers for the application demonstrates that the electricity being generated is primarily
for onsight consumption or not the more than 20% of the trees one site will be removed unless there is a plan to replace the remve remove trees with similar number they had a notation here must have come up because they wrote it down something about caliper of the
trees yeah thing is that's pretty tough I couldn't find any that really had unless there is a plan to replace the remove trees with a s similar number of new trees I I think maybe that's where the wording might
have come in okay um s number of new trees remove trees with a pick out the caliper I don't know three what is it how about replace the move trees with a similar aggregate caliber of trees that
sound right to you guys aggregate caliper of trees um it's difficult to replace a 30in tree but I mean you want something a little bit more mature I mean three yeah I mean
fun that's why it says s with a similar aggregate caliper of new trees so you're moving a 100 trees that are 10in
caliber I think you want that's a th000 caliber and so you place it with a similar arrogant maybe they're 2in trees you're going to Simply plant a lot more trees shouldn't that be removed trees with a similar species number of
aggregate trees species do you want the same species does it necessarily have to not necessarily no no no I mean you may have invasive species you want get rid of right I had a situation where similar verbiage and then said 20% of the tree
on the site if you have a 10 Acre Site you have to send Harbor and surveyor out there to label inside the trees on the entire site to determine whether or not you're taking out 20% of them yeah yeah and and again this is just saying you're
not takeing more than 20% of the trees do do we just say you know we had it previously no more than 50% shall be cleared and then uh for our all trees over all trees removed over X number SI xcaliber shall be
replaced by a tree of one half that caliber you it's a lot to ask somebody to put in a 15in of you know can we're going to ask him put in a 15in caliber tree we're saying what is it most the Agate caliber
planting is it 3 in that's pretty much the norm when you're doing subdivisions or yeah it uses a 3 to 4 in tree that that's reason it doesn't sayl with the same caliper no or S it's similar aggregate caliper so that you you do the
caliper of the trees you're removing add that up and then divide that anyway you need to um aggregate number s aggate caliper of trees U I guess that I'm I'm trying to
be fair to the property owner so you can't clear any of your any trees on your property unless you replace every tree that you take out basically that that seems like it doesn't allow them to utilize their land um if I I have a totally forested
property what am I going to plant again this doesn't say you have to do that what this says well it's replac no no let's go back to what this is um yeah medium solar electric journaling
facilities are by site plan view okay however if they meet if the not more than 20% removal they can get minor site planine of view they can still do it but they don't can't use the minor site plan approval
process we just simp simplified they go through more formal process of public hearing and more detailed review that's only thing it does it doesn't take away the ability to do it it just says we got
this real easy process and we got this slightly more difficult process you got to do the more difficult process I just want to make sure the more difficult process is uh not just more difficult could be more difficult if it's still a reasonable process it's it's a site plan
review process it's that's a performance standard though right and and well the main now the main difference between site plan View and minor site plan of view is rather not you have to have public hearing criteria remain the
same criteria for approval are the same it's whether or not you go through the hearing mechanism um and some people say oh I don't have to in okay I I'll go and count the trees
and do a replacement if I have to you want to use that aggregate number that' be that' be a few amount and that's fine and may be that it may actually be that it's better to have less caliper cuz one of the problems for
sometimes is you got these really big trees that are blocking growth of seedings sure and so you take the Big O growth out you plant the same amount of trees you planted before but they're
smaller you can do different species you can get more diverse Forest so similar agregate number would be fine I mean I I don't have a problem with at all 3 or 4 in caliber tree costs $400 to $500 again we never said you had to
plant the same caliper I'm just saying if you so you took a 30in tree or you requiring them to put in one 3 in no we said the same if did calber aggregate caliber you get to choose the size
caliper you're you're doing just so that caliper of trees adds up to that amount so if you take out 30in caliper tree okay and you're going to plant 10 3in caliper
trees alternatively is what Paul suggests is not even deal with caliper just say you're going to replace similar arogant number of trees so if you take out 530 in counter for
trees that's already taken out then you can plant 53 in caliper trees and they may actually be more reasonable for the project because why are you taking the trees out because need to put the uh
solar panels in and if you're putting in 30 trees that may not actually help so whatever y'all want to do it's CU if you if you just say unless there is a plan to replace
the removed trees period that's pretty vague yeah and that's why I said plan to place replace the removed trees with a similar number of new trees keep it simple let's similar number yeah all right
okay ex take out the Aggregate and caliper then accessory solar and electric Jour facilities with name plate rating capacity greater than 250 however they may be approved under
minor s plan view if they're less than 500 so s plan view is required for for anything of 250 if accessory whether it's 750 that's under 500 into minor site plan
review that's accessory that's accessory to a operating facility Deal use greater than 250 however if they're less than 500 they do minor sight plan
review procedures after shall submit plans that's all stand standard Accord uh article uh 2759 section 9 and the procedures of Southend plan board then required documents in
accordance with the bylaw and your plans and procedures polities and procedures include I included some things I had already like estimation of earth work CU that needs to be I think that is significant enough to spelled out
um is this an isolated trees or shrubs 10in caliper larger I think that's significant spelled out schedule in your resisting requires in provide the interconnection application or
agreement I think all you should be doing at this stage is a schedule for getting the interconnection agreement I I because sometimes those take a long time and that delays appc even go to the plan board so you spend
two years getting the utility make to agree and then you got to go to the local government to get your local approvals well why can't get local approval first or why or in the why you're in the
process of getting the utility interconnection what's what is what's the time frame on the the special permit or the site the site plan or the special permit like two years 3 years um it's two years is how long special per is
valid although the state law allows longer period it's you all want do mhm um then instead of deep I don't think you need to see the details of all the major equipment elements but
documentation related to them uh documentation of cusc in engineer operation maintenance plan maintenance plan so instead of spilling all these details out just these are type things you need to provide and your
p and procedures can get in more detail on that so electric joural facilities requiring special permit approval in addition site plan review a special per is required for certain categories solar generating facilities
as indicating the use regulations no building peral certification certificate use and occupy shall be issued without the prior approval where a special per site plan view are required plan board shall consolidate the review process but issue
separate decisions on the two applications accessory electric soge facilities where they been added to the CH facility with site plan review or special permit has been granted the facility must conform to all
conditions of the previous site plan or special permit be approved as an amendment to the previously approved site plan or special permit so they're going to do let's say you've got a uh uh
warehouse and you're going to put 100 kilow hour or 90 K hour or access you going do 250 Kil Solar Ray there the plan will approv the site plan
for that with some conditions related to uh the plans as approved uh drainage what have you parking if you can to do that project and not alter the building you're going to do rooftop for instance or you're
going to do uh in existing field and there's nothing in the plan nothing board approval said limited the use of that area fine if however you're going to change those plans
or you're doing something that may alter it then you need to come back to plan War most case they're going need come back planable for an amendment but some cases they may not it it's it's Case by case I'm not sure if
that is even uh a c uh issue here yet but it could be um where the facility facil is being constructed in or over existing parking
area may not diminish the minimum number and may not Al to storm order dual use applications for any dual use SOL General facility must demonstrate it will not diminish the use of the property for an agriculture purpose this
the whole purpose of dual use okay I'll make changes that we talked about there mhm next one and and one of the major changes just so this is clear also the existing solar
bylaw had one category of solar General facilities approved by site plan review and one category approved by site plan approval which is a dichotomy that really doesn't exist because site plan
approval is merely the final stage of site plan review or site plan denial but but usually site plan review is the what you usually look for the site plan view so that dichotomy that's in existing really
doesn't hold that well and so we're getting rid of that and that leads us into the site plan review article it this is a repeal and replace so taking SE article 9 and some place in
the site plan in the Solar I refer to section N9 it should be article 9 and I'll make those Corrections um it state it provides uh five purposes for student site plan view basically is further the zoning
bylaw and ensure that design gu design standards are met uh design guidance are are followed applicability uh except except as may be Exempted site plan RW is required for the following activities and uses
construction alteration or expansion of the following any residential buildings of two drings or more any principal or accessory building used for exempt use under master and law chap
48 Section 3 and that will also fit in with the Adu that's in Z on 48 Section 3 any non-residential building any exempt use under 48 Section 3 oh
okay one was in principal accessory building use for Z use item two is in exempt use and could be a use such as a uh horse corral or something like that there's a lot of empty uses out there
that know you might want to have site plan vle uses permitted by right any use identified as uses permitted by right the site plan r view changes of use where the KNE use will require more
parking than the previous use construction or expansion of parking lot for municipal institutional commercial industrial multif family structural purpose site plan view for zemp uses is limited to ensuring compliance
with reasonable regulations as related to park and open space Building height and building setback requirements as provided for in section 4 A and and I'm we're going to need in and we need to put in there Adu for
adus because you have other regulations applicable to adus that we need address there and I'll make that correction and get to you tomorrow afternoon probably or Friday exemptions a building holy or partially destroyed may be rebuilt
without the site plan view by the plan W if rebuilt with without change to the building footprint or the square footage of usable space they turn down a the a u 5,000
scare building was destroyed of that the usual space was only 4,000 square ft they're rebuilding with a with then reuse 5,000 square ft that come in sight plan
view but if it's used area less than 4,000 it wouldn't side view is not required for changes of use where the following conditions are satisfied use does not require a special
permit no proposed or outside alterations or additions to the buildings of parking area the plan board or the plan board's consultant and consultation with the Building Commissioner and the Board of Health director determines no additional Chang
are required of the on-site except the Disposal system or no additional par parking will be required to conform parking requirements and the reason that is in there is
those decisions by the board Health director and by the Building Commissioner parking could affect the layout and therefore it they may need to
come in for site plan review relationship to building permits and special permits that's addressed that's pretty similar I have already um adoption of policy and procedures the board's going to adopt polic policy and
procedures that govern application requirements processing use of outside Consultants rules of ravers Etc all site plans and submissions shall conform to the depit
board board deposit and procedure procures procedure of site plan view shall be submitted and act accordance procedures where variance or finding is also required applicant must obtain the variance or finding and any Associated pill period must have aspired without an
appeal being F filed or the appeal must have been resolved in applicant's favor prior to submission of an application s plan review because the need of variance you really can't approve it uh is set for project quad find from
minor site plan r view as in provid 9.12 decisions of site plan review shall be made shall not be made until after the conclusion of public hearing application shall applicant shall prepare applications Point rules
and postive procedures then talk we're going to deliver copies to um and that's in there to make sure there is notification of departments and there may be other departments you do as well and they can be in your polies and
procedures must made a public meeting all decisions and decisions must be made within 90 calendar days of submission unless it's associated with the special permit then those time time constraints apply public hearing very
required but that aate notification of betters um my preference very frankly is this should be in policies and procedures and not in the zoning bylaw itself but some communities insist when
putting in zoning bylaw doesn't hurt there in both places right [Music] um now especially since you're doing a bu than 300 ft that's that's important cuz that's a difference from what the
state law requires for special permits uh that's got more convoluted wording than this is and um then decisions basically got to conform to
the decision and fing commissioner has to get a copy of it uh and requires affirmative vote of majority of the qualified members shall be in
writing posted made a post meeting and file the clerk and apkin and Building Commissioner must be F exension deadlines appin May Ain May request and board May Grant written decision
options constructive approval you fail to act that's what happens then get certification from my town clerk that no action was taken and therefore it's approved then we got the review standards are pretty much the same as you have
now uh Conformity to approve site plan that's obvious can't deviate with our plan board approval um M site plan view these are uses that shall be
considered as qualifying for mind site plan view proposed activity building do not require special permit variance of finding or the proposed construction not see a total increase in the footprint of the
structure by 1,000 square ft this one says 2,000 and you here says 1,000 yes on page seven yeah mine says 2,000 um for purpose of computing the increase
in the footprint should agregate all such prior approves and Poli and procedures would address how that gets determined that's for that word is was supposed to go that aggregate poos project would not involve
the removal of trees or vegetations within the required setback area for the purpose of spanning the parking area for project so how does it fit in you going to spend the parking lot and your building setback requirement is
20 ft and you want put the parking lot within 10 ft of the property line you come in for site plan riew you can't do it as minor because that could affect the adjoined property owner more than if you met the
requirement uh project involves a use permitted by site plan View and be located in a residential zoning District um okay so where this is written an Adu come in as minor site plan
review if it's in residential district otherwise it goes in to uh regular site plan review yeah submission shall conform plan board POS and
procedures your poses and procedures May specify class or classes of projects that require notification of BS of the plan will mean at which the project is being reviewed again this A Min sign plan VI does not require public hearing some communities though even
they don't have public hearing want the V is notified my one reason we did mind site plan view in South Aly and the first thing we put under that was exempt
uses people would come in upset about a proposed educational facility that we didn't think was educational but met the exemption and they get there and two they be told at the very beginning this
exemp use we two hours later the fuming Co plan board approved it have an option to approve it so we said we're going to do minorite plan View and put the exempt uses under that and not
require public hearing it's on the it's on the agenda people say the agenda they come that's fine people are not entitled to speak at a public hearing at at public meeting they are
entitled to speak at public hearing so so planb chair is pretty consistent South adaly that they would had a limed comment at a public meeting but it was
getting more strung out and was public meeting they'd shut it down because because it is a public meeting the planning board is there to review the plan and make a decision not to get in a 3-hour debate about whether
or not this is empty you should be going there or not or doing that that's not that's not relevant we may agree but it's not relevant so some communities don't won't so some communties won't notified all
the time and some people don't uh when we God this my one of the biggest regrets South that but we had to do it um we're establishing standards for requirements for elimination of of
[Music] signs and I had in there not goes plan Board gets approved no public hearing all this the then director of the Chamber of Commerce which is supportive of businesses I
thought said we need to notify all our Butters and that has been a issue at times because come in there complaining but they're just Illuminating a business sign but and you got this Bank going in
and you got a comunion store across street that's got lights on 20 hours a day another bank that's got them on 20 hours a day and this bank because they came in now you want to limited to
10 hours a day yeah so in those CS public would come out and they'd speak they express opposition to it and you'd have some inconsistencies in the standards so that's something you may want to think
about as we get into developing Poli and procedures it may be that you do want to notify voters of of all projects and that's fine but think through that whole process as who does the notification the
applicant would yeah yeah your PO and procedures would never put that on you right in South hary the town had to do it but yeah I procedures requires them to provide proof notification yeah and
yeah um procedures and they're going to be inord to PO and procedures decisions shall be made in same fashion as any other site plan decision it has to be a public meeting F the town clerk given
the applicant give the Building Commissioner Etc review standards are the same as a regular site plan show uh site site plans elapse after two years from the grant approval thereof if a substantial use thereof has
not sooner commenced site plan appr May for good cause be extended in writing by the per Authority upon the written request of the aant and your PO and procedures shall set
forth guidelines to be used determine if the substantial use requirement has been satisfied and there's you have debate in different places about what is substantial use I have mine and I'm sure we discussing all
four of us would have a Different Twist on that appeals and we didn't put in there what the limit is for extensions it could be for one twoyear period or if this good cause maybe one
to go allow further extensions of deadline the benefit is if you really trying to help this developer get the project underway and he's making a real effort
or she is making a genuine effort to get the project underway yeah but if you're if it's been approved 6 years ago and you're changing the bylaw because of something in that plan
then maybe we don't grant extension and let it elapse let them apply under the new bylaw um Viet appeals are under 48 section 17 and violations are treated as provided in the zoning bylaw
for violations okay so that's all I got that's pun so the next step is there any other comments about
this before I go further comments questions comments no questions any feedback the public that being the cas I'm going to um ask for a motion to close the public
hearing on these amendments we just discussed and I move that we close the public hearing on the amendments to the doning bylaws Mo made by Mark second by Dan any other further discussion all in favor I
I and now I will ask for a motion to approve these same I'm sorry let me oops we discussed some changes tonight mhm let me make those
changes since the date for the town town meeting has not been set yet I can make those changes and then at the next meeting or the first meeting in I won't be at first Mee a I could be in here in April from my notes in the
previous you may not need me because it's justly making the changes I would suggest once I make those changes accept them then you recommend to town meeting the article articles as drafted cuz otherwise right take would have to
do is make an amendment to the Articles and you don't want to do that you can avoid it all right so I'll wait till I get those from you when they will be here before our next meeting yeah they should
be here be to next week sometime yeah okay and I think you can probably act on that without me being here yeah I uh have another commitment on your meeting date and then I may not
be whether I'm here in April will your first Mee in April will depend upon what my doctor says I'm having my left knee replaced on the 21st of March so after I we approve these are they is that going to be in
form of a warrant that I can present to the select board and all my articles are written as a warrant all right now yeah I mean if we've got these going as to see if the town will vote and that so
it's it's written in form of okay one is Kyle Kyle's U water supply protection going to be probably not done probably before that May or June meeting no no uh we openen the
hearing reopen the hearing reopening the hearing yeah there one article one sheet of changes we didn't address to reopen the hearing yes I would like to make that motion motion made Mark second second I
in favor I okay what do miss go ahead with the other changes in article 9 and the solar y there's an article to change some references to site plan
review site plan approval in section 275 5 3.2 pointb we change in reference to site plan review SL approval by deleting SL approval it's just going to be site plan review
yeah 3. 275 3.9 Again by it says site plan review and approval deleting and approval sure and 27 7.4 the reference site plan review approval deleting
approval uh in 275 7-7.5 E1 change the reference to article 9 site plan review and approval by deleting and approval in
7.15 it says site plan approvals to site plan review 7.6g change references to site plan RW to minor site plan view mhm I got check on that okay
um and in two in 7.6 H change references site plan approval to site plan review let me make let's take out the references to
7.6 all together because in solar re to Rewritten that so it doesn't apply anymore I wrote this before I did solder so it's oh cat did you send me a copy of that or
no yeah it came as a second s plan all right I'll look for that it that's it motion to close the public hearing all right I will second that
open close the door yeah all in favor I I so getting back to that water supply protection yeah that'll probably have to wait till what next year either fall or next year that's
going to take more work yeah oh that's that reminds me um I I guess I forgot to ask the last meeting but remember Kyle asked if we wanted the topic of requesting
additional GIS analysis for the water supply overlay District boundary and implications process for requesting this is simple just email the um form below to Kim Robinson and
requesting it so we should probably go ahead and do the GIS mapping right we've got got a year we might as well gather more information so all well give a motion on that I think it's very
important because one of the implications is you want to find out where the um line goes through individual Lots yeah that wasn't that what that was about that's drove that the Visions yeah well L because basically there's a provision that says
hey if it goes to any portion of lot it applies to the entire a lot here's here's part of his U draft that He suggests we write the board is curious to learn firstly how many Parcels are divided by the overlay
District's boundary but more importantly the amount of area that would be added to the district if the entirety of affected Parcels is included in the water supply Protection District we are expecting that additional analysis will help inform the board in determining if
the added provision is appropriate or potentially burdensome for property owners and residents so because let's say you got a 20 acre piece of property yeah and a 2 acre northwest corner of it is in the water
supply Protection District you can apply all the regulations to the other 18 Acres it's one thing if it's the opposite yeah we got 18 Acres property within the water supply
Protection District and this 2 Acre Corner is not that maybe does make sense MH and is reasonable so I think that is information that often people not aware of and Boards don't look at and I think that'd be a
very valuable thing to review and I would expect the public want to know about so do I have a motion on that pvpc um continue on with that GIS make a motion that um the plan board
approach to PB PC for the GPS um the Public District second all in favor I and lastly on my list I have a warrant that I need to have approved for the daily Hampshire Gazette for this hearing
the ads my God only $1,273 54 when will we join the 21st century right and and that okay that's after I asked Richard to give me the ab bridged
version of the publication the notice so that got knocked down by like 300 bucks maybe that's something Richard can fix trust some way to not to put everything in the newspaper and cost so much money some by loss is that like a loss oh we could do a of them from just a simple
repeal and replace and then all you got to do is say we put in place and that's it like uh you didn't suggest that though is it it would it be acceptable yeah if you want yeah I mean what you could do is instead of detailing
everything we had to detail uh we're going to have amendment to we're going to have public hearing discuss an amendment Des owned bylaw to repeal SE section 25.6 in entirety and place with a new
section I saw the form not to belor this but I saw the form that Lucy because she still from last June's town meeting MH the AG's office was still looking for some piece of information and she
showed me the list that she has to make out when you you you um they passive warrant article it's got to have the data posting the legal notices the uh posting on the board and all this documentation has to
go with it so they make sure that everything was done correctly and um it is it's it's we finally got it wrapped up last week after it's almost a year just a little details that they
they wanted that um and they are effective of upon Tam's adoption now they they're they're adopted as that adoption but they're not in effect until
after the AG approves and they post it which means the pro Z bylaw let's say so somebody can come in and apply under the adopt need adopt bylaw
at their risk so they so it's at the risk if the AG rejects it and the plan board decision had to include that verage that's at the amant's risk in the event it's not
adopted this decision is known void so you really got to be Cous I know in lonberg we had that going in we napkin that was going to take that risk cuz we were very confident it was going to be
approved and his attorney was I mean the only issue would be if there was a procedure error we we failed to do and we found out there is a mechanism to remedy certain procedural errors yes
such as notice and um so yes so so sometimes worthwhile some depends how much money you put into it even even the that's another hangup she she had a budding they want to know was the uh it was it mailed to a budding
cities towns Pioneer Valley planning and the Department of Housing and Urban Development she she had checked off no but that she was Ill during that period And I said no I said when when I mailed that's automatic Den when I mailed it to
the budding towns I also sent a copy to pvpc and and one to know the date but there's it went first class mail there was there was no return receipt so I'm saying you've got to take my word that I sent it what we used to
do is we would take a copy and melt it and write on there the dates of melting for that very purpose M so that way there'd be a record as to when we melt it which in most cases probably every
case that I've dealt with is once I mail and to the um Butters of the project in the cities and town I I mail everything right then and there to everybody which is pretty much coincides with the first legal publishing date so a good practice
is to make a a single copy of the notice and write on their the date mail to dhcd adjacent cities and towns pvpc
so there you've got that that reference right there I wonder I wonder how if they have people that log those in yeah they did well anyway getting back to that um warrant $1,273 54 motion to approve make a
motion to approve the warrant for the daily Hampshire Gazette publishing for $1,273 54 c um second all in favor I I makes you when you see this it makes you
wonder what and I mean that's that size in the paper makes you wonder what an obituary that's yeah like a quarter of a page runs these days had we do all our legal notices yeah in the town
reminder what is that a different paper or something yes cheaper oh it comes that once a week can we do that do we have a town reminder if there's a similar paper in that postes every week in Southampton okay this this
says Hampshire County and they take legal notices yeah but that's a more Daily Newspaper no this is this is weekly Hampshire oh yes that's reminder is that the one you running you said Gazette no this is well this one
was published in The Gazette but we do get the reminder once a week into yeah if they do legal notices you run you didn't check I guess they're going to be cheaper and that's and it's legal to put it in a weekly publication yes let's try it there we go saving
money that's we all South hiid still runs there's in the week this part of Doge now look at us efficient we just got some pointers uh anything else from anyone um I mean I think the only thing to mention is the
Housing Authority had the well sorry the town had the had the public meeting about the zero College IA which was well attended and I think we got some great feedback from the chge so thank you for everybody out there who participated in person there's also an option for an online survey to add your thoughts so
please I encourage people to do that as well you want to get as much input as we possibly can from everyone on uh what they want to see in that place yeah I would and I I want to Echo that I I went myself and I was very impressed with the presentation and the Not only from pbpc
but the um The Architects and designers it was it was very well put together and um quite interesting and uh I learned a lot and a lot of people there with different ideas
and thanks to the town for uh putting that together that's on the um Public Safety and that parcel of land zero College Highway so to speak did they get into the sewer issue still working on it
I was TI still waiting for tyan Bond um next meeting um is TCH scheduled for the 3rd of March I won't be here third of a third of April third of April I'm sorry oh that's right we got a new member too we didn't mention that Mr L joined oh I
didn't I didn't get notice oh yeah appointed good yes last night that'll be good to have him because Jim was here years ago yeah yeah absolutely um that was a joint appointment joint I don't know what that means if you have vacancy on planning board it's supposed to be
filled jointly by the select board and plan and remain plan board members oh I I was consulted by the board but but it's supposed to be a joint vote joint selection really oh I
don't think we've ever done that before no select board's always done it unless your Charter is otherwise cuz I'll ask the Town Administrator like that maybe he doesn't know I don't know I'll I'll send you an email with the state statute
hey could we strike that oh yeah yeah yeah either way we'll get them approved it's legal legal do the right thing thing about is if you post it if you hold schedu is that and no plan woman to show up then s
for votes we're here the 19th but also April you're talking April 2nd yeah I won't be here okay I'm available when you think of it just send me a okay send me an email so I'll send email so I will not be available in
thank you April 2 yep all right do I have motion to adjourn motion to adjourn no you don't want to adjourn yet uh oh you got something else no I'm you don't you do good yes we do you're still on the clock we want to we want to stop the
stop the bleeding all right who made the motion I made a motion Dan seconded by Mark I'll second that yes on in favor hi hi thank you everybody thank you everybody listening thank you Richard you're welcome