This government meeting is brought to you by Eastworks and our local cable subscribers. Okay, good evening everyone and good evening everyone joining us on channel 191 public access open tonight's meeting from the Southampton Planning Board
Wednesday May 21 I have a quorum present our newly elected member James Lee down the far end Mark Darnold Paul Fergal and myself, Paul Demon. And our first order of business tonight, we'll be taking up a site plan
review for residential solar uh array for Chris Bowen at four Coleman Road. And um we have a representative here, get my papers
straight, from Greenfield Solar. Um we ask come up to the microphone and just make your presentation. And uh we also in your packet tonight received a letter from Greenfield Solar with the
requested u design and also the u the waiverss um requested. So it's all it's all yours. I'll share I'll cheat. I'll take your paperwork here.
Uh, switch my button. So, just identify yourself for us, please. John Ward, Greenfield Solar. Okay. Um, so what we're doing is we're doing a 10.3 kilowatt ground mounted system for Mr. Bowen behind his house.
um you have in your packet the setbacks from property lines. The the one that's closest is the what I would call the the right property line. Um you know, we're only
20 ft away from that property line there. Um and what's there is a row of Arborvite. uh the property line behind the row of Arborvite and then the other the the adjoining property is a
O'Reilly's Auto Parts. Um so this array will be not seen from the road, not seen from um you know adjoining properties really. And this is um in addition to something that's already on
the house roof. That's correct. So it's supplementing what's there or Yes. supplementing what's there. Yeah. Since he did the house roof array several years ago, he's added, you know, mini
splits and electric vehicles and so on. And I don't have that one. His consumption's increased. So, he's upping the size of his array. Now, I thought I printed out and I printed out the wrong one, but I You
also sent me a cover letter that had the the waiverss on it. Have you got a copy of that with you? I don't believe that I do. Unless it's on my phone. On your phone? I uh This is It's on the back of that sheet. Where is
Are we looking for? No. The other side. Oh, yeah. I'm sorry. You've got it. Oh, yeah. Okay. I don't I printed out the wrong one. Okay. So, let me just go over
the waiverss then. And for everybody's benefit here, we just passed a bylaw in town a few weeks back at town meeting that would eliminate the process of having to come here for a ground mount residential solar array. This has been a
um a contentious issue with us for the past couple of years because we were the only town within many miles that I could find that uh required a residential ground mount of um 10k, 15k or whatever small small
units to come for a site plan review. Right? So that was past a town meeting and um we have uh been lenient uh with the most recent um ground months uh we've approved
recently because most of the criteria that are in the ex the old existing bylaw which the new bylaw won't take effect until the AG's office approves it sometime in July or August. But the criteria in the uh existing
bylaw was pretty much um pertained to mid midscale and largecale developments and it had no bearing on a lot of the residential units. So given that
um Claire Chang who is also the uh representative from Greenfield Solar in her letter ask waiverss for the following requirements for site plan review per section 27576 paragraph G line 2 A B D and G 5
through 7 and also a waiver to u not have to notify 300 ft eat um butters uh landscape architect or engineering survey and um those are pretty much the major ones
um they asked for waiverss on according to the existing bylaw. So is there any other information you'd like to share with us outside of what you've already described? No, I think I think you've covered it with that. We have any
questions from the board members? Excuse me. I have one question. The detailed property plan that you showed was just the uh you mass g basically. Um what kind of assurances does the board have that you will comply with the site um
setbacks? You stated it will be by 20 ft back but uh without a survey line there. You said there's an R body line. Is it going to be uh established by a surveyor there? the exact property line before you put that in. Chris actually has pins
and yeah, we went we went by the pins. We actually did that two hours ago. Wouldn't that also fall under the building permit that they have to pull also? Uh that the building inspector would verify that. I would assume so. I
would assume, but yes. But do they require a plot plan? Is what you're saying? I thought that was the they're asking for What was that again? They're asking a waiver from a plot plan. Okay. Asking for a waiver, not from the plot plan, but from having a
registered surveyor do it. Got it. I see. I see. Yes. Yeah. You know, when you're dealing with the large scale and and even the medium scale arrays, the margins are there to support such things, but you know, you get into the smaller residential units and it's just
it's tougher to justify doing that. But thank you for the question. Any other questions? Paul hearing none, then I will um call for a a vote or a [Music]
motion. I move that we uh what do we accept the site plan? I mean, accept the uh accept the site plan review. accept the site plan review and then uh grant the requested waiverss. Second.
Motion's been made and seconded made by Mark and seconded by Paul. Any other further discussion and that is with the waiverss that have been included in the packet. All in favor? I I
thank you all. approved and I will send that out uh to you um via email in the next day or two the decision and then you can go from there. The building inspector will be copied on it as well. Okay. Thank you.
Good luck. That was easy. Yeah. Enjoy enjoy all that savings you're going to have from those kilowatt hours. These usually are usually pretty good. Yes. Next we have um is anyone here from
Northeast Surveys? Yeah, you are. Okay. Um we have two ANRS. The maps are in your U packet. I have the application fee. The fees for each lot were submitted. Two ANRS. The first one is
u Oh, hear me. Paper, paper, paper. Did I 59? Yeah, I'm sorry. 59 Maple Street. [Music] And we have here tonight
whom to represent the uh applicants. Yes. Um Bridget Likely with Castro Land Trust. So Castro Land Trust worked with Northeast um and the land owner for the subdivision of the original parcel um in
order to place a conservation restriction on um the subdivision parcel. So approximately I think 69 acres for Maple Street property. Um and I believe sufficient frontage with the minimum 175
ft. Um Right. So are you adding to that lot or I mean there's existing buildings on there now, right? So it was the buildings were all excluded and then the backland is what will um have the conservation
restrictions. So no further building will be happening on it. Um well we did leave out uh a portion of land from the conservation restriction area for potentially a future house lot but the majority will be undeveloped. Mhm. questions from the board. And this is 59
Maple. This is not Glendale, right? Correct. Okay. But similar scenarios for both [Music] Jim, any questions? No. Um, look straight forward. Paul,
not not sorry, Mark. No. Without further ado, is there a motion to endorse the plan for 59 Maple Street? So moved. It's your first mo. It's your first
motion, Jim. Motion made by Jim and seconded by Paul. Any other further discussion? All in favor? I and you are also representing the second
ANR for 155 Glendale Road which is it's part of the um winery. Yes, correct. So, um similar scenario here. We worked um to subdivide out this uh parcel with the intent to put a conservation restriction
on uh it. And unlike 59 Maple Street, the conservation restriction will take um place over the entirety of that parcel that's been excluded from the remainder of the uh vineyard operation. Questions? Um yeah, I have one concern
the uh existing septic system ley field and vent pipe cross over the proposed property line. Yes. And so in the conservation easement itself, we make an allowance for that um under the accessory improvement area. I think title five requires you to get a a
variance from the local board of health. I think you meet all the criteria for it, but uh I don't know if we can uh endorse the plan knowing it would create a violation of title 5. I wasn't made aware, but uh it's a
requirement from D that you have to be 10 ft away from a property line with any portion of a subject system either take submit tank or le shield. Okay. I'll need to I guess review that with the surveyor then. Yeah. I mean I I think it's your plan looks perfect that was
like criteria what's in I don't know if it's under the perview of this board whether or not we can uh well I we can condition the the endorsement on that and I contact the board of health to look into it that would suggest you do the same. Sure. Um so let me get the
wording straight on that mark. Could you repeat that again for me? um that um endorse the plan with condition that the uh applicant to get
um required documentation from the board of health that uh it's uh it's received appropriate variances from the board of health regarding encroachment of a lease field on the uh proposed property line.
encroachment of the leechfield. Yes. Within 10 ft. It It's actually crosses over it. The code said it has to be at least 10 ft away. Leechfield. [Music] So, encroachment of Leechfield.
How do we finish that off on the adjacent parcel? Right. I mean, the title five says from property line, correct? But it but it's on the other side. It's on it crosses the line. Correct. Right. So, they just need the uh the encroachment of least field on
the adjacent property. Adjacent property. Do you see now why Dan didn't want to take the notes anymore? Okay. So, um, we have Do I have a motion then? You want to make that motion, Mark?
I uh move that we accept the uh endorse the ANR plan for um what are the addresses? Um 155 Glendale Glendale Road uh with the provision that the applicant
um um get a variance from the board of health for the encroachment of the leechfield on the adjacent property. Correct. Second. Oh, you got it. You can get it. Paul got it. It's your first day. I'll do the third if you want.
Who is first? Jim or Paul? Paul got it. He He won. Motion made by Paul and seconded by Jim. Any other further discussion? All in favor? I. Okay, you're good to go.
Now, do I send that to [Music] Brian Brian Franotovich. Um I mean if you're willing to sign at least the um I have to endorse the plans. I was going to drop them off at the office over
there tomorrow. Um I can take at least the ones that are the the Maple Street one if that's or if you can sign both and wait and I don't know. Would you wait for the variance in order to endorse the um Glendale? Yeah, but I probably would prefer to drop all of
them off at his office. Is that okay? Or do you need that for some reason tonight? No, I mean Kesha will be the one doing the recording itself. So, but if you'd rather have it go back to northeast first, that's fine and I can pick it up from him.
Yeah, I'd rather do that. Okay. If you don't mind, take these pieces. Yeah, thank you. I should set back in requirement for various now that I don't have I don't have any of Kro's information on here. It's all it's
all northeast. Okay. Do I have can I have your email? Sure. And this is strictly only Maple Street, right? that you're concerned with or both of them? Well, both of them Castrol is working with and will be doing their report for you. Okay. So, what can I send the email
to? Sure. It's Bridget. P R I T G E T M at Castrol K E S T R E LRust.org. Bridget keastrust.org. Correct. Okay. Good. All right. Thank you. Thank you.
Okay, that's that. Next, we have on the agenda a request for withdrawal of chapter 61 land located at 152 County Road, lot
one requested by TCB Fruits. um which is also known as the Bashista Orchard and who's here tonight is uh to request the notice of
intent request. Uh just to give you a little background for Jim anyway. Um and probably Paul because I don't think you were here at that meeting, but Mark certainly remembers it. Several weeks ago, we approved an ANR for this same lot on County Road and it's kind of in
reverse of what should happen sometimes. You take it out of chapter and then do the ANR. So this was in reverse. So the ANR for this lot's been approved, but it hadn't been uh taken on a chapter land yet. So go ahead, Tom. Yeah. So, uh, my niece and her
husband, we gave them a a lot on County Road. So, so they can build their house. We just need it taken out of 61A. That was that we did one and a quarter acres. One. Okay. 1.4952.
So, the process here is that it it goes to the conservation commission. received a copy from them that they waved their right of first refusal. Uh the assessors is waiting for our approval and uh which ultimately goes to the select board for
final approval. So at this point we're just uh formality that um personally I don't uh believe uh we uh need the land for anything. Um, so I would certainly recommend to wave our
right of first refusal on it, but open the board discussion. I'd like to just throw something out there. I I'm not 100% positive on this, but 61A when you take it out, if it stays within if your family members building on it, there's no right of first refusal for the town.
That's what I thought. That's I just did it. I did it myself. My son built next to me. I called everybody and they said, "No, not required." And I don't think it's required if it's a family member building on parial. You take it out and that's the town does not have a right of first refusal. That's I believe that's
the and this originated from the assessor's office then. Huh? What's that? This originated from the assessor's off office then, right? I don't know. Yeah, it was our understanding that um the family connection was too far apart so that it
um was still required to have a first refusal, but that was um possibly a mistake. Possible mistake. Yeah. Yeah, they could. So, I'm not quite sure on the how close the relatives have to be. I I that's the gray area. So, yeah. My sister's
daughter. Yeah. Okay. So, so you were advised that. So maybe the connection is that far apart. The reason that it's here understand be no harm in granting a waiver. Maybe it's not required. If is there is there a
problem granting a waiver if it even if we don't have the authority to grant it or it's not required just to be safe because there seems to be rather than have them go around a circle. All I can tell you is that, you
know, when I get these that comes to before us, I'm assuming that the powers to be in the assessor's office know what's going on cuz they're paid employees and I am not. Um, so I'm just
assuming cuz we didn't generate all this paperwork and this request and um the process it goes through. So I'm I can only take the assessors for at at their word and expertise.
Yeah, we can act accord. You know, like you said, Mark, we can we can approve it or whatever. And then if it's needed, if it's needed, it's great. If not, well, then doesn't matter. Right. I think it's move. If it's if it's not, right?
Exactly. Right. And we we had another partial a couple months ago where we approved the um form A and determined that the 601A had never been officially documented and
we had to delay the transfer to for quite a while because yeah that was that was on Pyro Meta Road across the street from Yes, it was. That was my only concern. Save save book work rather than create it. It's funny the ANR form has got to be changed
um because it's ancient but there is nothing on it because I read it before and some of the first questions should be asked is the land in chapter 61 A or B before they even go and if it it says yes then they have to go through this
process. We've had it happen a couple of times where the ANR's come through and and all of a sudden you find out that oh by the way we had to take this out of chapter after the ANR was approved. So it's kind of a backwards process but that's the way the ANR form reads. No
one knows, you know, the proper procedure because it's not listed on the form. But without further ado, do I have a motion u to uh approve the um or wave our right of first refusal for this
parcel at U one uh 52 County Road, lot one? Can I say so moved or repeated? So moved. Works. He just read it.
Second. Motion made by Mark and seconded by Paul that the board wave the right of first refusal and we'll send this on to conservation and to the select board and the assessor's office. All in favor? I.
All opposed. So move. I was just I'm on the site 61A. I'm trying to figure it out. I haven't found it yet. Very good. But uh you're all set with us anyway. So thank
you. Good luck. Yeah, there's three different factors. 61, you got 61A and 61B. 61B. What is that? 61. Okay. 61A. One of them is just open space. I think that's open space. six winning eggs agriculture and the
other one is forestry I think forestry yes I think the third one and uh I've read that rule that whole over and over I been involved with it so much in the past but uh but I don't know the family connection how close you have to be
relative wise my last u agenda item here is building permit that I previously approved back on the 7th of May because we didn't have a meeting the last time, but it was well under 40,000 square ft. It was a building permit for a house
being constructed, excuse me, at 220 County Road. The applicant was Dimmitri Machenko. So, I would just ask for the board's
u approval of my approval of that per building permit. I move that uh we uh use your authoration as a um chair to approve the building permit for
220 county road. Uh 220 county road. Second motion made by Mark and second by Jim. Further discussion all in favor? I I That's all the agenda items I have,
friends. I just have a couple of Is there any committee reports of any sort? Any town committees you were on? Speaking of committee reports, who is on the CPC on this board? What was Dan on? I'm just here anymore.
Who is the CPC? Dan was CPA. Community preservation. That's me. Oh, that's you. Okay. I didn't know if Dan was on it. He's not here yet, so I just asked. Dan was our representative from the PL uh select board. Okay. Perfect.
Um, and and I won't I won't take these uh new appointments up for chairmanship until our next meeting, but I'm the PBPC rep. Mark CPC. We have nobody on open space. Dan was select
board. I thought there was another committee, but I can't think of it. Here's the uh master plan. You're a master plan. Yes, master plan. Yeah, you're the master plan. Yes. Um spoke to the town administrator yesterday. They're going to be putting
out an advertisement for a planner, sustainability person, um that will assist the planning board, conservation committee, the housing
authority, possibly the open space, and maybe help CPC too. I don't know. But it's a kind of a quasi position which is I've been lobbying for for the last four or five years and um looks like it come to
fruition. But the um I've asked Richard Harris on behalf of the town administrator that asked for a job description. So we get together. So Richard's going to put something together and then I'll meet with Scott. But this will certainly be like a junior
planner position because the town can't certainly afford a senior planner like city of Northampton or East Hampton. So um whatever it may be, but you outline the duties and that way there it'll take some of the pressure off of the
administrative stuff that um the chairman has to be strapped with these days. And um it it might make my life a little easier and um less hassle for me to try
to answer emails and phone calls and write decisions and write this and write that. It's it's gotten to be more more than a volunteer job. It's a part-time job. But uh that being said, we'll see what happens with that. But I don't
expect after they advertise it in July, I wouldn't expect that somebody probably wouldn't be on board until September, maybe by the time uh they interviewed folks and whatever. Who does the hiring? The the select board or is it the planning board? I think we probably will
have some representatives um you know, one or two of us will be asked to be um on the the um interview committee or whatever. I would hope so. Um, trying to think there was something
else. I forgot to write it down. I don't have any warrants. There was no committee reports. Um, I don't know. But uh my statement was proud of you and
and Richard and the rest of the board for writing all those warrants and getting them approved for the um last town meeting we had. Oh, there there you go. Thanks for the Yes.
All three um or four all four more articles we had um were passed without opposition. And uh that's a that's a credit to Richard Harris for all the work that he had uh presenting
all those and writing them up. We spent several hours uh hashing those over over the last uh couple years. So that was great. the solar site plan review, special permit, and um access um
affordable dwelling units. All four passed. So again, those will be um put in the new rigs probably sometime in August or September, whenever the AG's office gets around. Um yeah, when
it comes to the zoning um or bylaws, when I we changed the zoning of the red barn, it took almost a year before the AG get back. That was huge. They said that the zoning they just they go really slow with that. They just take their time. Well, a lot of the
stuff Lucy was telling me, the town clerk, is the how how picky they are. You have to have all your paperwork, the the legal notices, the the public notices, postings out here on the board,
um plans, this the that minute, you know, there's a whole array of stuff. And if you're you're off one item, they they stall it until you can come up with it. And uh just that that's
another thing that um and some of it um in years past has been my fault because of not being on the ball. But I mean you got to when you have a public hearing all all the dates, all the legal notices, all this and that. It all has
to be, you know, um pristine. Yeah. and sometimes it falls through the cracks and cuz I'm not as sharp as I once was and when I was in business. So, um, and it makes her job that much tougher if you have to go digging. Finally found
stuff and, uh, I had to respond to the AG's office myself to try to verify that it was presented and passed on to Lucy, but it's just time consuming. But we had a big there was a there was a glitch that they found in the zoning to the red
barn. But they ended up it was like well no you didn't do it. Okay. Now what do we do? Makes we'll just ask for a waiver. Fill out a waiver. You're all set. It's like it was such a big problem but yeah it was such a simple solution.
So going forward, I I don't know how much um Richard's probably going to have to put in a contract, but I'm going to have to talk to Scott about that for the next fiscal year. How much that we're going to be maybe allowed with this new person because our revolving funds per se
are getting down there. Um, so I don't know how much how much consulting we can do with him. Um, if we get a new person on board, whether that person's going to be capable enough to um rewrite zoning for
us. Hope so. But if not, I'll have to we'll have to pick Richard's brain on that and find out. And I'll ask Scott um because I think they put $5,000 in the budget for us plus what we have left in revolving
funds. So they're providing me with a new laptop that I've been asking for for about 3 years. They finally found a used one in town hall somewhere that they they're transferring all my information over on. I have had to drop it off a
couple days ago cuz what I've got was slower than slow. So, um trying to trying to get uh material in in funds is kind of tight. So, anyway, we'll have a new laptop with a
new person coming. It's going to happen. I won't need back to the old one. So anyway, any other comments anyone else wants to make or any reportings? Thanks for coming on, Jim. And I want to thank
to folks out there if Dan is watching and or if not, I want to thank Dan Levali for his five years here on the board. Um he's very religious showing up all the time in addition to his select board duties and the other hats he was wearing. So, thank
you Dan and good luck uh down the road and welcome Jim back. Um appreciate having Jim back because he knows where every rock turned is in the town of Southampton and that always comes in handy. It's always nice to have Paul
around too our our res engine. [Music] Okay. So, hearing no other comments or reports, do we have a motion to adjurnn?
So, move. I love those words. Second. Motion made by Jim, seconded by Mark. All in favor? I I Thank you. Oh, thank you.