All right, good evening everybody. Welcome to the town of South Planning Board meeting for Tuesday, March 24th, 2026. We are meeting in a hybrid fashion here at the South Town Hall at 454 College Highway. We are also open for participation via Zoom. Uh the meeting
is being recorded and if you are recording, that's fine. You just need to let us know. Anybody else other than Cliff? And seeing none, we'll do a quick roll call of those present. Good evening. Alvin Allen, town planner. >> Jessica Thornton, planning board chair.
>> Dave Spina, vice chair. >> Diane Ja, member. Jason, members. >> Marcus Felts, member. Lonn associate. >> Yeah. First on the agenda is a town planners report. >> Okay. Thank planners report. I have five
items. The first item being uh 43 Will Palmer Road. I received a phone call today for a request for large scale solar um and and and best installation, but I uh let them know that we currently have a moratorum in place and we are
just waiting on the AG's um um advice on how to move forward. So, um so I'll probably hear back from them at some point. Um but secondly on the on the town planners report I have
uh tilcon um the property um they are looking to subdivide their lot at some point. Uh, I did receive a phone call yesterday from Steve Salini um in regards to a potential ANR plan that would come in and as we've discussed
previously there there there's some talk in regards to a potential dog park um to be subdivided from that particular lot which leads me to point number three um on the Tom players report um I received a phone call uh yesterday and today uh
from the property owners of Shaker Farms who have concerns rules over uh access to their property should um the dog park move forward. So um again once that plan does come in, I'm not sure again what the boundaries and everything looks like. I've only seen unofficial plans,
nothing formal. So um that is a concern of uh the property owners of um Shaker Farms in regards to u their their access and interest in their in their own property. All right. For item number four, I have 20 Juniper Road. That is um an
application that came in. I did advertise the matter should have been in the publications today for the telecommunications tower uh which will be the town of Southwork is the applicant in this particular matter. So that will be on for uh April 7th.
>> And the time that it's scheduled for >> uh 7:05. Yeah. And then lastly, I have 141 Congam uh the marina. They have put in an application as well. Application as well. However, I did not
post this one as of yet. Um I will likely schedule it for April 28th. Um I didn't schedule it only because um you know, originally when I spoke with Mr. Egleston. He uh is requesting four boat ramps. Uh currently has two. He wants to
extend to to four boat ramps >> docks >> or docks, I'm sorry. Um and so but when he came in with the plan, it it showed something otherwise. um instead of the the four proposed uh docks, he was he kept the two docks that
he currently has, but he's switching over essentially he's switching all marina slips to rental slips. So, currently the configuration is he has 24 rental and 16 transient. He wants to convert all slips to uh to to rental and
so I got >> interesting. >> Yes. So, I got to look into that matter a little bit more. Um, but again, I'll schedule that one for April 28th. Um, the other reason I didn't schedule it is is because he's he's still within his probation or not probation, but his
appeal period for the other vote we just took for uh um for the rental slips and that ends uh the appeal period ends on the 31st of March. So, again, I'll I'll move this forward thereafter. And that's
it for the entire Palace report. >> Okay. Next on the agenda is public comment. This is for anyone to speak on a matter that isn't already listed elsewhere on the agenda. Anybody in the audience here?
Anybody online? Unmute or raise your hand. Hearing any seeing none 7:05 p.m. we have a continued public hearing for 6 South Luma Street to the request to modify an estate law and climate driveway special permit site plan approval and storm water management
special permit. So, we did receive a letter um from the applicant's representative. Um they have asked to postpone this matter. Um they didn't give us a specific time frame, but I told them maybe the second uh meeting in April of that sense would be,
which would be April 28th, only to give uh Tai and Bon the time to do their review and commenting. >> Do we want to put it on the 7th in case Ty and Bon comes back before then? >> Sure, we could do that. I will just have to go. So, this letter asked for a
continuation to today, >> March 24th. >> No, it says to continue the March 24th public hearing. >> Oh, okay. >> To an agenda in April of 2026. >> So, let's um do it to 7:04 p.m.
>> And uh that way we're not the delay in case that comes in. >> All right. Do I hear a motion to continue the public hearing for 6 South Luma Street to 7:04 p.m. on April 7th? >> Dave Spina so moved. >> Diane Jba second. >> We'll call vote. Jessica Thor and I. >> Dina I.
>> Diane Jes. I for >> Margaret Phelps I >> Next on the agenda at 7:06 p.m. We have a continued public hearing for 157 feeding road crepes tea house on a request to modify the special permit wellhead protection district special
permit non-conforming use special permit flood hazard and wetlands district special permit and site plan approval as an ab butter miss will be recusing herself from this hearing one come their names for the record. Attorney
Rachel Fancy here on behalf of Grapes Tea House. >> Jim Pereira Te. >> Good evening. >> Good evening. Um, I want to thank the board again. I know we've been at this for a minute. are probably tired of seeing my face at this point, but uh I
don't know that there's much more that I can add to the record other than maybe a summary if the board really wants it, but I think everyone's pretty well versed. I feel like the last bit of logistical stuff was addressed at the last prior two meetings. Uh I did note that the board of health recommendation did come in, so the board does have
that. Um I think at this point it's just a matter of trying to emphasize that we're we want to work with the town. We want to move this forward. we want uh to show and rebuild this relationship that we've been starting and obviously and hopefully it starts with this. Um but I obviously I'm happy to answer any
questions or concerns or comments as well as uh my colleague Jim is here to to speak if there's any questions for either of us that we can answer. So board members in their packet um and distributed online received
the letter from the board of health with them their recommendations. We see the updated plan. Mr. Planner, did we have a comment from conservation on the site plan? So the only comment that they gave is that they would like for the uh or prefer for the
trash receptacle to be removed elsewhere and then very firmly uh reserved. I spoke with Steve Salvini um and essentially he stated that they have to uh the applicants have to meet before the conservation commission anyways in
regards to the ramp. Um so at that point um they could tackle the location of the um the trash receptacle. So I added um a condition in the um uh decision to basically state that you know subject to conservation commission approval
>> of both the ramp >> of the ramp and the location of the trash receptive. >> Okay. Right. Um and the fire chief is good. He has this updated plan. >> Yep. Yes, the updated plan you call the
fire line >> and anything beyond that would just be in the building. So that would come during when they try to get out to. >> Okay. Um do board members have any further questions Mr. Allen or the applicant
on the information before us? >> I don't know if it's this time there. I also saw on our stack this proposed condition. Oh, those were conditions. Um, language given to us by attorney Fancy, but I just I just mentioned it at
the last meeting and I I submitted just some rough drafts of what could be in it, not necessarily what the board would have to adopt or anything. Just things that I ran by my client. We obviously discussed a lot of these if you review them. Most of them are things I represented to you as things we'd be fine with restrictions um on the permit.
So, that's just a typed up list of all of that that I did. >> She put into legal ease for us. I tried to keep it as simple as layman as possible >> so long as it's effective. Right. Um >> yeah, >> I have no question. >> Mr. Phillips,
>> uh one question on the uh trial period, probationary period. >> Yes. >> I was wondering uh what the thinking was from behind Memorial Day to Labor Day >> uh on the timing. >> So originally we were looking at doing a
larger period of time. The board of health sort of asked us point blank what was the busy time that we'd be trying to use it. We said, you know, the summer months would be the ideal time period. Um they felt it might be more attainable for us and a better showing of a shorter time period to do Memorial Day to Labor
Day as the the time period. Um we agreed that that's you know something we could work with. It's enough time to show a little bit of interest. Obviously, it's not the full time. So, it might be a little bit of a a struggle to show numbers, but um it's the ideal time to probably get some use of it in that
period and not overextend and not feel, you know, compromise to the time period we're looking for, and maybe if we want to extend it in the future, if you know, good faith is shown, adherence is shown, uh that would be where we'd go next. But after the probationary period, obviously, we'd be seeking that. So, the month was just the busiest time for us
or those months were the busiest times for us, the times we assume people are going to want it. Obviously, we don't know until people start booking. Um, but hopefully that'll be the time period and in a year if we see more of a uptick in the desire to use it, we'd probably seek to extend that time period. But just for
right now, I think that's what board of health felt, you know, they could manage for checking as well as uh a reasonable time based on our busyness. And I think they also felt like it would give a good stopping point for you all to gather data and for them to evaluate it so that they could meet back up with you. Yes. A
couple months later, say in November, December. >> Yes. >> Um which would then allow them at the board of health to give their recommendation to us to then have a follow-up hearing on it to review the probationary period at the beginning of
next year. I guess my thought was May 1st to September 5th just to have month beginning month end of month. >> We're not opposed to that. I know we talked about that with the board of health because Labor Day and Memorial
Day are constantly changing to make it clear deadlines which is I think why we said Labor Day Memorial Day e either work and so we'd defer to the board um and what they think is >> it would be a little more definitive plus not that this is important
Mother's Day is within that time frame which I would think would be a fairly high demand a good test of what's a desire to maybe not step on board of health toes too much. Would you be willing to propose
perhaps May 1st to September 15th or September 10th to give a firm end date on it and again give the board of health their >> I don't know did they they didn't use specific date in the letter they used >> they didn't use a specific date but they
said Labor Day weekend to or excuse memorial day. So forget >> I'd prefer I'd prefer a date specific. I mean we can talk about it more as we go through the decision but just to get some idea of where
>> you know that of course. >> Okay. Other than a couple other tweaks I >> Yeah. All right. Any town officials
present or online? Seeing hearing none any public comment in person or online just 45 Hills relics I am just respectfully asking the board and everyone to consider all the things that
myself and my neighbors previously have talked about. Um you know it's again I want to reiterate that we are not trying to be difficult. We are asking for respect. It's been a problem ongoing problem and I just want it's
hard for us to rebuild that trust when nobody has even attempted to have a conversation. So there's that. >> There's one thing. So the last meeting um we had chatted about screening. Uh
did you guys at least try to explore uh any potential screening or cost their scene? >> There were some discussions with uh a contractor uh friend of his and the owner's art and I think the general consensus was it would be large it would
be a large expense to do some screening whether it would be a fence or to do any sort of planting and then the question would be what would it look like? Um probably wouldn't want to be 10 feet you'd probably want to do the whole property. That also comes into question with conservation because you're now erecting a structure if it's a fence if you're doing planting again a
conservation review. Um so I think our thought process was um well we're not completely against it. It would be definitely a financial hurdle on a restaurant which there are slim margins as I think everyone is aware in restaurant business uh as well as there's other steps involved and beyond just regular buffering. So, um I think
it's something we could further explore, but I don't know that's something that we definitely would want to commit to right now at this point just because of the cost factor and additional approvals that even if I said or my client said today, yes, we would do it. Um would it would be a hollow uh hollow promise at
this point. >> Thank you. >> All right. Anything else members? Anything else? >> Uh no, I just want to thank the board for their time and energy spent on this and the town as well. I realize it's no small feat and I know we're coming in a little bit late in the game, but I do
want to thank everyone's time, patience, and efforts on this and regardless the outcome, we do appreciate you and I know my client does and all your efforts to to bring this to some sort of resolution. >> Thank you so much. >> Thank you. >> All right. Uh with that all in mind, do
I hear a motion to close the public hearing for 157 feeding hazards? >> Dina moved. Second. We'll call vote. Just thor I >> Dina I >> Jald >> Marcus Phelps yes
>> I want to go the next thing on the agenda. We're going to move along on the agenda but we'll come back to discuss the decision later on before the closing meeting. Okay. Um, next on the agenda is planning board review and reevaluation
of subdivision infrastructure security for Noble State crossing. >> Jesse Ser for the next six months. So, I don't know if I have enough copies for everyone, but that's what I had. Uh, just to go over it, um, I went I met
I went back and met with John today and went over it with him. >> Okay. >> Um, just to draw bring them up with speed and rich. So, >> um the this week the week of 324 roadway sweeping cleanup that that was completed
today. Also, I spoke with uh um uh Steve Salvini and he did the final resubmitt that got sent in today uh online. Um,
so now we're just hopefully we can get the get the final from them. >> Okay. >> And that for the record that's 401 water quality. >> Yep. A 401 water quality permit. And that'll give us access to finish the
crossing. >> Uh, week of 3:30 we're going to that's when the asphalt plan opens up. Um, we're going to do any roadways pavement maintenance and repair that needs to be completed um after the plowing season.
Um, clean up the excess construction materials in the open space area that's on that curve as you go around the corner. Um, we're going to clean up that whole area and tighten up and uh close it up and and then we're going to load
and seed u any areas that that one in particular to neaten up the whole surrounding. >> So, while we're waiting for the final work to happen, it doesn't look like the worst construction zone Fil. >> It looks wonderful. It'll look a
beautiful place >> lovely >> that everybody will love. >> Yes. >> Um and then through the uh week of uh April 6th through uh June 1st uh wrap up any sidewalk installations uh more
importantly on the upper east side of the of the lot. um June 1st through July 6th where we're going to be paving in another top coat section. I just put a time frame in
there. I don't know exactly what day it's going to be yet, but that's the time frame I threw out there just so I don't give you a date and then I don't hit it. Um >> so it could happen sooner. >> It could happen sooner. Um, but we're
going to that 1,800 foot mark brings us down to the corner of uh of the road. And then we have some pipe connections that need to be tightened up, finished up on the back side, which is the east
side going up the hill. Uh we propose doing those between July 6th and August 3rd. And then from August 3rd to September 7th, we'll pave the third section, which will bring us like about halfway up the hill on the
backside. Um and and that's our six-month look ahead at this point. Um I think once we get into it, like a couple months, I'll give an updated tighten up schedule and
we can do a couple more months after that. >> Okay. Um to let board members know, I joined in on the meeting last week with Mr. Allen and Mr. Goddard over the DPW. Um there was a public comment at the
last or not not yesterday's select board meeting, but the one prior um kind of questioning where this whole process was at um and concerned about where the town was. And I think the result of that meeting I came away
with understanding that we're waiting on the water quality certificate to come in the final um we had questions about the open space and HOA uh establishment.
>> Jesse the the Mr. Allen was in front of the select board to have them sign off on the conservation restriction for the open space, but they did not have in front of them evidence that an HOA had been created to take possession of said open space. So, um, we buttoned that up
and got attorneys involved so we could get that clear. Um and then we discussed this work schedule as well as the idea that the hope is that we will get the approval for the processing within the
next couple of months which will allow for the business to order the needed materials at which point in time uh DPW will review those numbers and we'll review where the project is at that date so
that we can have a final remaining cost because it can't be buttoned up until that pulver box comes in and that probably won't come in until the fall time. We'll get it in the ground hopefully before winter, but then the
final paving and top won't happen until the following spring. So, we will be looking at a number that hopefully will be commiserate to the work that is remaining at that given point in time. So, I get that. I think pretty clear.
>> I think so. Yeah. Yeah. I provided Alvin with the HOA information. My lawyer drafted a letter saying that it was active. >> So, we pass that along to the select board. Yeah.
>> All right. Any board member questions, comments, concerns? That's very thorough. Okay, >> continue on. We'll see you in a couple weeks. >> Sounds good. Thank you. Have a good night. You too. Thank you. The next thing we have is discussion
chapter 61A, right of first refusal for 177 F Anderson Road. Board members have in front of them a draft letter that we will amend as soon as we take a motion and vote
be submitted back to the select board. Board members also received um the application for the removal of chapter 61A as well as the historical uh land protection list that was so eloquently
put together by previous board member who shall remain nameless. >> Good work, sir. >> You found the list. >> Well, you did the work. Somebody kept it. >> It's only 10 years old, >> right? >> I guess it's still good. You guys might look at it again some
>> in light of the master plan. >> Yes, sir. >> We will reevaluate that. That's the next one of the next things on our to-do list. Um, do any board members have any questions or any desire to change the anticipated motion?
>> No. All right. And with that in mind, do I hear a motion to not recommend pursuit of the right of first refusal for 177 plus Anderson Road as the property is not a priority for preservation or action? >> Dave Span second. Roll call vote. Jessica
Thornton. I >> Dave Spina I run I Marcus Feld I. >> Thank you very much. Next on the agenda is listed in Greens East subdivision, Honeyburg Run, Silverg Grass Lane, and Tall Pines Trail.
Planning board recommendation for street acceptance. >> Still waiting here with you for that partic. >> We signed off on that, but it was initiated, right? >> Yes. >> The next item is the Mic action items
we had before us. I think 2.4 I have a letter and again I'm not sure you guys are okay with the wording if you change that. I thought we had discussed and voted >> to not pursue it and that was going to
be our >> that we consider >> that we considered it >> the action has been completed. >> Yes. >> I don't think the status should be ongoing. >> I wrote some >> All right. So you >> language >> to that effect
said the planning board has considered this action and because the town is already in the process of undertaking a zoning modernization project to rewrite the zoning bylaws. The planning board has determined that
it would be more appropriate to include in the zoning bylaw update process appropriate to include or to or appropriate to pursue. >> Yeah, maybe >> whatever somewhere there
>> prioritize, right? I know we talked about Yeah. >> prioritizing the zoning and updating >> process. >> Well, it was going to be tomorrow, but I can't make it. So, it's going to be >> All right. Then why don't you submit this language >> to Mr. Allen? >> You have to come up with a different
>> We'll amend it, take action on it on the 7th, which will be fine because won't have a meeting until then. All right. >> So then on the action item 2.6, I think this is a little bit more clear. Um this was an action items asking for us to
develop and implement a tax incentive program for existing businesses. Um we felt and discussed that that was not under our purview. >> Um we checked in and uh the board of assessor's office and the select board
is identified as a secondary uh responsible party. >> Support party. >> Support party. Okay. Uh and it says here that the board of assessors met uh yesterday and made the decision to accept the action item and move forward as the lead organization. So do we have
to vote to approve this again or need to vote to approve as a planning board? >> Vote to approve >> approve the transfer of this action from the planning board to the board assessors. >> Is that a motion? >> Yes.
>> Do I hear a second? Second by Diane. >> Roll call vote. Jessica Thor. I >> J I >> Diane J. I >> Marcus Phelps I >> I don't have to restate that one.
>> That work for you. >> It's my understanding that the board of assessors will accept it but they would be looking at cancer. >> No problem. That's on them once they >> That's their argument. vote in what we got next. Um, any late submitt
ANRS? >> All right. Everybody had a chance to review the meeting minutes for March 10th? >> Yes. >> Anybody have any edits? >> I did not. This is so much fun. >> I love that. By the way, let me take a
quick moment to compliment Mr. Alan and Renee on your work with the minutes and making them consistent and regular and on point >> every week. Thank you. >> Um with that do I hear a motion to approve the meeting minutes for March 10th, 2026.
>> Dis moved. >> Dian Jesp vote just I >> D I D I Marcus Schel. >> Very good. Then what we will do is move on to a
discussion of the decision for 150 157 Feeding Hills Road. Miss Jessica again table. >> Moving along. >> Moving along. Get out of here. >> Well, let's get that bigger. So the document that was given to us
tonight is the same one that was online. >> No, >> there were there were some changes. >> Oh, okay. >> So what you have in paper form is the latest version. Before we dig too deep
into what is actually there, um, let's just go through it. We have before us a decision that is written as typically have been written.
All the special permits that are being sought are listed. The applicable sections for chapter 185 are listed below and all the information including the voting numbers are listed under the
procedure of history. Okay. I don't think any of that has changed since it was submitted to electronically. Okay. Move down to the general findings.
And none of this really changed much except number four. Any questions, comments on the general finding section A? No, >> I'm sorry. Number four, section four. Um
yeah, it's expanding its restaurant use to include the outdoor dining and existing section. So everything else should be common place to the previous standing special. And we go to section B special permit criteria.
These are universal all special permits. Chapter uh number one specifically calls out that this is a continued pre-existing use of the property of a restaurant and bar as permitted in the AC district subject to special permit. Any questions on those through number
six? So through 7 to 12 that is standard. Nothing specific to this one. We'll scroll down to 13- 17. Any questions on 13 through 17? The next section states that the
planning board has considered all of the above reference criteria and finds that they have been met subject to any terms and conditions specified below which we'll go over. Section C. The specific findings we have the proposal includes the continued use of an existing non-conforming structure.
The proposed use of the 24x20 foot accessory structure. the redefinition of the existing off- streetet parking area to provide 51 parking spaces inclusesclusive of two handicapped accessible parking spaces and an incorporation of new fire
lane proposals for the continued use and accessory. Specific finding three is that the proposal will not substantially detract from the surrounding area or the environment as it is a pre-existing non-conforming use or structure. questions, comments on those three.
>> Number one, >> yes. >> Uh redefinition of the existing off street parking area seem to me I read somewhere something about 9 foot wide. >> Yes. So the the parking spaces that were
>> the the southerntherly parking spaces were reduced to nine nine feet wide to incorporate the uh the fire lane. So that's within the allowable percentage of what we can have set. >> I think it's uh 30% you can allow
reduced uh part uh with >> and that's within that. >> Yes. >> Yeah. Okay. >> And that was to make room for the firing. >> Yeah. >> Right. Next specific findings. Let's go four through 10 quick.
We have comments of the existing structures being built into the terrain and landscape follow about the architectural style, the service of adequate water and waste disposal
requiring the same amount of municipal services. It's not going to place excessive demands on town services or infrastructure. The storm water management permit is not required since the disturbance of land is less than an acre
and feeding hills road is adequate to carry the additional traffic. Any questions on four through 10? Moving ahead 11 through 16, we have call out about the vehicular and
pedestrian movement within the site and the off streetet parking. We have um a note about the proposal containing adequate measures to prevent pollution of surface or groundwater note about the drainage.
A note calling about the fact that the existing storm water drainage system meets the site needs that electronic and telecommunication services are underground where possible. the continued incorporation of the existing building mechanicals and
utility structures. Any questions on those? >> All right. 17 through 20. We have that the proposed use will in no way adversely affect the existing or potential quality or quantity of water that is available in the wellhead
protection district. We have that the proposed use is designed to avoid substantial disturbance of the soil's topography and characteristics at the site. We have that the proposed change extension or alteration of the non-conforming use is permitted by
chapter 185 of the town of Southic bylaws and does not increase the danger of surface or groundwater pollution because of the site design. And we have the proposed change, extension or alteration of the non-conforming use or structure is equally or more appropriate to the
neighborhood than the existing non-conforming user structure and that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing non-conforming user structures.
Any question or comment on those finals? Um the next part is the decision basic language and that in use of the view of the foregoing planning board decides that the affformentioned property is a proper parcel for the use
is therefore decided to grant a special permit modification. Well, protection district special permit non-confirming use structure special permit flood hazard and wetlands district special permit and site plan approval for proposed use in accordance with the terms and conditions stated below.
We will discuss these terms and conditions. The first sect is great boilerplate. >> I had a call out on 1A. >> Okay.
I think we should include at the end of that sentence one existing accessory structure. >> Follow it out specifically more on that please. >> So you insert on that second line. >> Yep. >> And one existing
accessory structure sign because we're only granting for one. Well, you use them to use it as storage >> for them too, right? >> Can you see it on the screen? >> Yeah. >> Oh,
see it. Yeah. >> Okay. I just made your edit. >> All right. But do do we want that edit seeing as we're we allow them to use those accessory buildings as like so this is
>> we all of these structures are called out >> as being used >> as being used within this decision and specific gazebo one is identified as the building being used for outdoor dining
unless it's your suggestion that we do not allow them to use gazeos two and three for storage at this time that I thought we were all kind of >> So you're seeing that disallow them from using the other two for storage >> I think so I think if because this is
calling out what we're talking about in the below terms and conditions this is saying that the structures to be used under the special permit will include the one existing building and the access existing accessory structures and later on we call out specifically that gazebo one shall be used by this and cases two
and three shall not have any patrons. >> I think if we call it out later on in the terms and conditions, we have to acknowledge their existence in our control of them in the special permit under 1A. >> Do we call it out later that they are
used for storage only? >> Yes. uh potentially, but if not, we can make sure to identify it as session. >> Okay, to go back to whatever case. >> Okay, >> so actually maybe it was in the one in the
proposed conditions >> because I remember I read it. Well, >> we can add to it when we get to there, but we we agree that it should be existing in restructur. Okay.
Were there any other issues with one A, B or C? Hearing none. Up two and three. Again, standard boiler point language saying that all other permit >> comment on this one. Two. Mhm.
>> How does this language relate to the board of health decision which is more comprehensive I think than what we've written here. >> Well, that was a recommendation to us, >> right?
>> It's not a bolding decision. and it's not operational >> because they had a penalty >> they had they had a suggested penalty structure that they would be okay with.
>> Yeah. >> So there's no contradiction there. >> Correct. >> Okay. Number three specifically calls out that the applicant shall be responsible for keeping the drainage system in plain and malfunctioning condition.
the fourth or nine. >> Number seven, the fire line says it's going to be striped. Can that be accomplished or should it be use the term use
demarcated? Is there asphalt there that they're going to spray painting? I think it's a dirt and gravel, >> but they were going to do the spray on top like they do for the parking lines. >> And that was I believe Chief Stanowitz
was okay with that >> as well as signage. >> Yeah, >> we might Oh, in with adequate signage. >> That's the number. >> So, it can physically be straight? >> Yes, that's will be will be.
>> Okay. All right. Um, specifically number nine, this approval shall be awarded on an initial probationary period of 6 months following the date of receipt of an occupancy permit from the building department for the use of one accessory
structure only described on the attached site plans as gazebo one for outdoor dining. And that I think gives, you know, proper time for the special permit to be in effect for the activity to occur and for the board apps review and recommendation
back to us. We get to that point. So six months is is is beyond the the dates we were going to prescribe. >> But that's for usage. This is >> yes within the six months probationary
period they would have usage for three summer months essentially. >> So we don't have specified whenary period. >> It's there later. Okay. Number 10. Following the affformentioned probationary period, the applicant shall
appear before. Should it be following or during? Yeah. Um, let's see. I guess it gets a little confusing because the probationary period is really the board of health's language and it's not necessarily
a special thing. you know, if we want to just keep it simple to get the operating period of 3 or 4 months at the conclusion of that, it be it comes Yes. I don't know if we even necessarily need to reference the probation period. >> Yeah.
>> Okay. So they state in the last bullet point um the second page the board of health health director will re-evaluate the operations plan and seeding the clients with them six months of the external structures opening and we'll consider whether to extend a probation
period by another 6 months at that time. Okay. Sure. >> So during is a better word then for the number nine because a probationary period starts on
the date of uh the occup occupancy permit being granted six months from then. Right. >> Yes. six months from the time period from which they receive their um
occupancy budget. So, it's during that time that the uh board of health wants to discuss because they're going to be closed down by September 15th, which will give a month and a half to
November, which would be six months following a proposed May 1st occupancy start. And that ensures that the board of health stays looking at it that these folks bring in whatever numbers they requested to bring
in. >> So did do I just state um prior to the conclusion of the affformentioned probationary period? I clean that up everybody and we'll keep going. Number 11 is following the discussion
with the board of health and their granting of recommendations for continued or expanded operations. The applicant shall appear before the planning board to renew operations of outdoor dining for 2027 and beyond. The applicant shall meet with the planning
board no later than January of 2027. What? January 31st of 2027. All right. And then number 12, six-month probationary period shall encompass an operating period of
May 1st through September 15th, 2026. >> Fil. >> Yeah. Without again going too far pushing it. Well, >> it's September 15th. I think even that way if you have a late
Labor Day sometimes it's the 9th or the 10th right that number 13 during the operating period the hours of operation of Gazebo 1 shall commence only during the hours of 9:00 a.m. to 9:00 p.m. Sunday through Saturday.
Um first can we change the word commence to because means to me you need to start the one I'm having start at 8 o'clock in the in the evening right >> and I would just say
I don't know how to particular I I wouldn't necessarily want to call this out in a planning board decision, but I would say that like don't book an event from 7 to 9:00 p.m. and then have staff outside at 9:45 cleaning up said gazebo
like the operations of the gazebo should be done at 9:00 p.m. That's understandable, right? Does it need to be called out in specific language or do you want to >> Well, maybe we could say something the operation to include >> clean up. >> Clean them up after a
>> set up and clean up after a event. >> Yeah. We're not outside sitting up at 8:00 yelling at the burners like that. >> Yeah. Yeah. >> Um operation to include Yep. Set up and clean up. Set up and clean up.
Why wouldn't you just repeat that from the first sentence? Operating period. >> Yeah, that's I was thinking. Yeah, I >> where you have is fine, but I think you could almost take the to include setup
and cleanup and put it right after the first the hours of operation and that first sentence there. Let's see. to include set up your operation by Yeah.
last shi or maybe just the hours of epic preparation comment including You're right. You're adding it too much. Making it too difficult. >> During the operating period,
the Yeah. Should be the hours of Let's just do the hours of operation shall including setup and cleanup of gazebo one shall only occur during Naps.
Noble and Jack one. I think you don't know if you need to also. >> Sure. Yeah. teacher. >> All right. Number 14. Maximum capacity of the main structure
in gazebo one shall not exceed 93 patrons. >> Yeah, we got new numbers up here, Marcus. >> Yeah. What did you add? You added something. Sorry, what was I?
>> I was just reading our number 14, which is the maximum capacity, >> which was 13. >> Which was 13. >> So, you added something that's in between prior to 13, >> but we've gone through them all
individually. >> Okay. >> None of them piqu your interest? No. Okay. Okay. Move on. >> Yes. 15. >> All right. 15. New 15.
H from May 1st. >> Mhm. >> Agenda. One second. We have 10 seats shall be physically removed from the restaurant main structure and reallocated to gazebo 1. When needed, up to 10 additional chairs
sh should be removed from the restaurant/main structure each time an event is scheduled. Should >> can be. >> Instead of shouldn't be will. >> We're going to put can
>> What's that? >> Can >> you can can >> because it doesn't have to be 10. It can be five. where we need >> can pass yet really. >> Okay. >> Uh
10 additional does it say seats of chairs. It could be seats to be consistent. Sure. Good. Okay. Moving on. Number 16. The occupancy of
gazebo one shall never exceed 20 patrons at any given time. Yes. for 17. Right. On May 1st through September 15th, 83 seats will be available for use
between the restaurant/main structure and the deck unless an event is scheduled in gazebo 1. When necessary, the available seating in the restaurant/ deck may drop to 73 due to the temporary swing of up to an additional 10 chairs
or an event. But seats, >> seats, I don't know if you maybe at the end of it say an event in gazebo >> in gaz. >> Yeah, I had some language in there. Yeah.
H seats change when necessary. The available seating when the restaurant deck can be reduced. >> Yeah. Yeah, >> that makes sense.
>> Uh the 73 due to the temporary use instead of swing use of up to an additional 10 seats
for an event in gazebo one. >> We're wordsmiths really honestly. I know there may All right, moving on. Number 18. Use of gazebo one shall be by reservation only
for parties of a maximum 20 people and would be arranged or scheduled through the restaurant's event planner and the external structure shall be locked between events with access to keys granted to management. Ownership >> and ownership Sure.
>> He looks all right though. >> Yeah. Number 19. The applicant shall appear before the conservation commission regarding the installation of the handicap ADA access ramp on gazebo one and
the placement of the trash. Okay. somewhere. Yeah, you have another one added from there. >> I mean, we mentioned like names, but we also want to put it here as part of the
condition. as and the movement of I just want to make sure I'm using the same language that you used. Five. >> Where is it? Jason >> number five addressed
shall be subject to consideration for different. >> Okay. >> So transfer. >> Yeah. So then how do I have it here and the positioning of the existing
trash receptor that deps Set your heart. 19. All right. Good. Number 20. Yeah. Gazebo 2 and gazebo 3 as described on the attached site plans shall not have any patrons at any point
but may be used for storage. Second. What about if we come back at a later date that >> I think that's >> I thought it was something about but right now I think it's see what it is
>> that I'm not going to create the bridge here. >> All right. Um 21. >> So you're allowing storage >> y >> in those two. >> Yep. And not storage of bodies. Just >> maybe storage of the 10 chairs that are
taping ahead of >> No, those are not making it any more complicated. >> Not adding any more chairs. >> Seats. >> All right. Number 21. Should noise become
excessive, the planning board may request additional screening following following the initial probationary period. All right. So that's that 22. The board of health director or any town official will make random
compliance checks after gazebo one is open for use to ensure the seating capacity is per the above terms and conditions. You have to add the thought. I added it when I said add it there above
>> was 20. Are we on 23 yet? >> We're getting there. >> Okay. >> Yep. >> I have a question. >> Okay. >> Number 23. Any violation of condition 22 above shall result in an immediate void of the gazebo one usage and the special
permit shall be revoked. I think we need to include following a public hearing on the matter. >> Yeah, there must be an appeal. Is there an appeal process for that? Do you >> Yeah, it would be the we would open up a
public hearing on the matter, issue a new special permit revoking their permission and they would have the ability to appeal that >> any violation would be by court of appeals as well. >> But that's a separate process. >> That's a separate process. >> But this is we're letting you know that
because that that procedure would start >> right now. and per all um appeal processes, procedures. Number 24 is standard to all decisions.
The failure to comply with any of the terms and conditions described above may render this decision null and void. Number 25 again is standard. The special permit shall lapse on March 24th, 2028. Shall not include such time required to pursue or await the determination of an
appeal of this decision. Number 26 is future improvements or changes to the use will require a modification to the special permit or a new special permit. Any questions on those? Okay, moving on. We have specific
language that we need to include for the wellhead protection district permit includes notification that the applicant shall provide a list of all chemicals to the board of health fire department and conservation commission. The storage of any toxic explosive burst of flammable or hazardous materials
prohibited. All the performance standards listed in van 8522G which is that part of the chapter shall be adhered to at all times and no storage tanks for gasoline or other petroleum product shall be allowed. Is there any discussion remaining on the
decision as written before you board members? Okay. Then do I'm here. A motion to grant the special permit and site plan approval subject to the above
stated terms and conditions. >> Dave Spina moved. >> I hear a second. >> Second to roll call vote. Just for I. >> Dave Spina I. >> Mald. I. >> Marcus Phelps. Yes. Bonnie,
>> do I hear a motion to grant a wellhead protection district special permit subject to the above terms and conditions? >> Dave Spina. So move. >> Second. >> We will call vote. Just floor. I >> Dave Spina I. >> Yes. I >> Marcus Phelps. Yes. >> Good. I
>> do. I hear a motion to grant a non-conforming use and structure special permit subject to the above terms and conditions. >> Penis. So moved. Yes. Second. >> We'll call vote. Chesco and I >> D I >> Marcus Phelps. Yes.
>> I >> do I hear a motion to grant a flood hazard and wetlands district special permit subject to the above terms and conditions. >> Dave Spald second. >> Roll call vote. Just I >> Dave Sp. I.
>> Marcus Phelps. Yes. >> I do I hear a motion to approve the decision as written. Dave Spina moved. >> Dave second. >> The call vote Jess. >> Dave Spina I. >> Dave Ronald I. >> Marcus Phelps. Yes. >> Ronnie I.
>> Right. >> That concludes that matter. >> Thank you very much. >> All right. It's still 809 line by line through a decision and still fairly good
>> like this buddy. >> All right. Next and last on the agenda is planning board member and staff member comments. Um I'll start. I went to the annual citizen planning training collaboratives
conference. >> Yay. Um, I was, it was kind of fun to hear from the under secretary for livable communities, division of the executive office of housing and livable communities. They were the keynote
speaker. Um, I was cool to hear about some of the new tools that are going to be coming out that uh, planners will be able to use. Um, I attended some training sessions on micromobility, the new local permitting procedure for
clean energy products including solar storage and wind. >> Um, and managing challenging meetings, >> who would ever need that? uh uh the obviously the most important or pressing
matter was the discussion on uh renewable energy and the clean energy products uh projects. Uh some of the key takeaways from this and Alvin had kind of mentioned we had gotten word of it prior to the last meeting but this definitely went into a lot more detail
that I will be discussing with him and the CEO quite shortly. Um the new laws uh basically give a consolidated application process for solar projects up to a certain size and
I have the numbers here for you if you want them. But it is it does go up to a fairly large number. I think it's like 25 megawatts or something like that which is like 15 acres or something like that bigger. Um where it just is completely covered by the state and we're not involved at all. So anything
less than that we can be involved. Um we have to uh institute an LGR or a local government representative. That will be the point of contact for applications. This needs to become effective July 1st.
Um but towns have until October 1st to implement um and do any new procedures and make it available for any applicant. Um some of the highlights in how this new consolidated procedure will happen
include uh uh pre-application process including community outreach meetings and in meeting with key people within town. So select board members and planning board chair and town planner and everything like that prior to the application being turned in. um they
have to do that before we can stamp it and accept it because once we stamp it and accept it, it becomes a 12-month turnaround period where the town has to issue all their decisions. Um otherwise, a constructive approval process begins.
Um in that 12-month period of time, uh we have access to things like site suitability scoring as well as mitigation calculations and suggestions. um that we will have access to. Um the
overall arch of things was that there are definitely things that local municipalities can do as far as making sure that there's particular buffers between certain areas that are protected like prime farmland and things like
that. Um but there is a calculation that does get involved. So if the site is both prime farmland and over our wellhead and adjacent to flood wetlands protection districts, it's unlikely that an applicant will be able to come up
with enough mitigation points to prove to the town that we can't deny them on the basis of site suitability. We can't rely on it alone. We can't just say, "Oh, no, that's not a proper site." we have to give them the chance to mitigate whatever negatives may or may not come.
So, uh yeah, it's it's complicated. Uh but it's definitely going to narrow the work that we would have to do in a public hearing to update our own bylaws and make whatever changes. I mean, we'll we'll now have our bumpers
of what we can or cannot do. and they were pretty um and these were these were people from the DOER and everything who've been working on it since the get-go that we should have a model bylaw
to work with in May. So, if we were going to make any changes, and they say we don't have to make any official changes to our bylaws, because we would have to just follow what their guidelines and bylaws are, so
long as ours don't contradict. Um, but if we do want to do that, we would want to get it done before the end of the summer and try to get it on a special town meeting for the October 1st hard date.
But other other than that, it was a blast. >> Yes. I got to sit next to a couple different people at lunch, including somebody from Housing and Liverpool communities, and they're like, "What do you what should we know when it comes to talking about things we can do?" And I'm just like, you need to understand I
don't have sewers. I don't have water. So if you want to increase housing production in rural communities, you need to think about that when you make your numbers. You can't make all affordable housing projects be a requirement that they need to be a 100 units. I'll be lucky if I can get two units in one think. So um it was good to
get my voice and our voice hopefully out there and speak to that and that's enough for me. >> Anybody else from Western Mass there? Anything? >> Uh yes, actually. Um, I got to uh attend a training session with Evan Mastriani, who we've been working with from Pioneer
Valley Planning Commission on our bylaw update. I also was in the micromobility uh training session with the I think he's the town planner for the city of Westfields. Um and so that was
also very interesting to think about um how fast that is all changing and what state law laws and guidance are on the matter and quick to say it's messy. We're not going to get involved anytime soon. Anything else staff member members? No.
All right. Then with that do I hear a motion to adjourn the meeting? >> Dave Spiel so moved. Diane just a second. Right. All in favor say I. >> I.