with that being said it is 7:05 and we will open this evening's meeting at Southwood Planning Board Today is Tuesday April 8th 2025 We are holding this meeting in person at the Southwood Town Hall at 454 College Highway as well
as on Zoom We are recording the meeting and you can as well just need to let us know Hearing none Mr Stoddard Town Planners Report Before I dive in uh I'm not
sure there Okay I wasn't sure if you were looking to say something Dick or not Okay I'll dive in Let's see Since the last meeting uh I participated in discussion with uh students from UMass a representative
from Franklin Land Land Trust excuse me uh Patty Gambberini from DBPC and Randy Brown um about municipal water sources uses within
um waterersheds that feed them talking about we'll call it risks that we see here in Southwick um steps that have been taken to protect um that water resource and so on and so forth This is a project
um that uh through with participants participation in collaboration um although guided through PBPC they're talking with um a wide range of humanities in western Massachusetts a two-year project Um so the discussion
for Southic really focused around where um our wells are today uh where we are contemplating any future uh well um where wells exist uh that are managed outside of Southick that'll be our West
Springfield wells um and the uses that are allowed and we uh and for us it's the wellhead protection district Um so I'll just share that you know the
concerns I um um shared have to do with the uh continued commercial slashrestricted industrial use um that takes place over that aquifer and the anticipated expansion uh you know it's something
that um isn't um call it a problem today right uh West Springfield has good water quality out of their wells has good quality out of theirs ours is technically upstream being located further south beyond the great corridor
um so anyways in a nutshell I guess what I'm trying to say is that we talked about some of the uses some of the good steps that Southic has taken to protect um for including um our existing bylaw um and where that may lead us in the future Um I will make reference to the
fact that uh I think one of the contemplated uh future well locations is within the North Pine Conservation Area to it Um no need uh for it as of today
We have our withdrawal permit um that it's not a limitation based upon how much we can pump on the grounds how much D says there's much no further that was a discussion that took place uh that they participated in u I have been coordinated with attorney on a number of
topics uh but including uh river road uh I don't know if this will rise to any particular level of participation from the planning board But uh depending upon when documents uh are finalized and submitted to him it's
going to dictate whether or not the you know the taking of a wedge of land between two subdivisions that was discovered five or so years back uh will be managed at this town meeting or future town meeting And lastly I'll two
points Um the state has returned their comments for the noble seed conservation restriction as any good reviewer would do Uh although I took an approved document from them from you know a few years back and gave it back to them saying "Please expedite." They give us a ton of
comments ton of refinements That's fine Just different people looking at the same document Uh I will be working to turn them back around um go through attorney Beglin to make sure he's comfortable with the changes that were suggested get it back to the state have
them get their final notes so we can circulate for uh signatures And lastly last night uh a notice of intent hearing was opened for the Sam West Hudson Drive connector
Um so DPW through a massworks grant has been advancing design drawings um that include bring sewer service down Hudson Drive I should say sewer and water um storm water
improvements in order to create a connection between the terminus of Hudson uh drive as exists right now on the Tilcon land north of Slabbrook essentially going darn far near due west from that point to pick up that sand west road Um
this is a project that is years off um despite the fact that the nose tenure was open I think we need to get someplace for that first But a component of that project is that D can whether it's filed as a limited project which has some bearing
[Music] upon how the project is designed and essentially making sure it's designed in conformance to planning board standards Um of course this was the we'll call it the playbook that the consultant worked
with Uh but I bring it up here only to not only raise awareness to the status of the project but also uh there may be a letter that I may ask our LSU's chair to uh sign that just makes some reference to Okay Yep Looks like that conforms to
um subdivision standards Thanks That's it for a longwinded report Okay Next on the agenda is public comment Anybody in the audience have a comment on something that is not already listed
on the agenda hearing none 7:10 p.m The new public hearing for proposed bylaw amendment chapter 185 section 37 site plan review
Madam chair Yes I'll let you do the honors this evening if you so desire Reading the notice of public hearing for today Tuesday April 8th 7:10 p.m Notice is hereby given in accordance with the provision of Mass General Law chapter 48
section 5 that the planning board will hold a hybrid public hearing on Tuesday April 8th 2025 at 7:10 p.m via Zoom and at the Southwick town hall 454 College Highway Southwick Mass to consider amending the code of the town of South
Chapter 185 zoning section 37 site plan review including but not limited to distinguishing between non-residential accessory buildings and accessory dwelling units defining the applicable review processes and other matters related there too Zoom meeting
information as listed Details regarding the matter may be reviewed by contacting the interim town planner John Gddard at his email or phone Any person interested or wishing to be heard on this matter should appear at the time and place designated Jessica Thornton chairperson
Southwick Planning Board Thank you very much Uh if you'd like I'll begin I'll talk more That's what everybody wants Okay Um I've mentioned it at uh previous planning board meetings but I'll share
it again that for the purpose of this hearing that a uh a conflict was discovered between our contemplated accessory dwelling unit bylaw and the site plan review section of our zoning
bylaw to which those projects those byite projects are supposed to be directed Um let's just bring up that bylaw section right now There are two points that I'd like
to make Okay Mr Outser how's that zoom level can you read that okay Yeah I can bring it pretty good John Thank you Okay So the conflict that was discovered is right here uh in section or subsection A
No building permit shall be issued for any new structure except single family residents and accessory buildings agriculture buildings etc uh without first submitting a plan of the proposed work to the planning board for site plan review
So the issue I took was that uh it exempts single family residences and accessory buildings from site plane review in this case since we are calling them accessory dwelling units uh I didn't want
to leave that gap available uh to undo the work we're doing today ADU bylaw Uh so my suggested change is to simply say non-residential accessory buildings Therefore accessory building that is intended to be a residence is not exempt
from site plan review and that will cover the garage portion Right we've just put it there any non-residential accessory building da right yes
um well let's let's explore that for a quick question real quick moment accessory dwelling units that are proposed to be within an existing structure are still subject at least by the ADU draft bylaw the site plan
review single family residence accessory for any new structure first So I I guess what I'm thinking is that perhaps we need to add a second We could sorry it's not big enough for me across the room Sorry the good
news page two things you wish dawn upon you uh a couple hours ago will be handy But nonetheless um perhaps I think that I think that covers it I just wanted to make sure Wait do you agree if
you read that yeah Do you have that proposed lang yes I'm sorry That too One moment You hear on the bottom here Dick is where I
do propose Yeah Uh to define the accessory buildings that are not exempt from site plan view as non-residential accessory buildings Right Right That's what you said before right yep So the question I had uh that just came to mind
is I don't want to then uh leave it open for an accessory dwelling unit that's proposed within an existing home for example you know because people can be uh creating these within um you know upper stories or um
basements with adequate egress Um so I although it we'll say in our bylaw they have to go through this process perhaps we have to echo that in this um just add an additional sentence that says accessory all accessory dwelling
units whether a new structure built within an existing structure will be subject to site plan review I think that's That's what would I feel comfortable closing that loophole Okay
great That was a long way to get through point number one just to get to point number two But I'd like to type that in Yeah let's do it This will behave with me Bear with me Sometimes just got to work around whatever wants to go
Maybe we'll get there Okay we're back live Madam Chair do you want to take another stab at that i said something brilliant a minute ago I know you want me to remember So recycling any accessory dwelling
unit whether within an existing or created by new is subject to cyclopathy as outlined in chapter 95 section Did I pick that up the language
comfortably is there something [Music] for new yep Just cut it out of there and put it in the new proposed shoot And I'm sorry cut where the whole existing
This is why I surround myself with sound Only I turned on edits We're here Yes Okay That was point uh number one Okay Point number two I bring
up I think in a strictly administrative sense in that for our upcoming uh discussion about the accessory dwelling unit bylaw I did receive com a few very minor comments back from the attorney general
his office um where attorney uh raised uh the point that where we defined the very narrow scope of site plan review for those accessory dwelling units wanted to make sure that wasn't uh
conflicting with anything remaining in our site plan review section Okay Okay Sure So uh let me bring that up on the screen We'll walk through it because you'll I think we'll all see quickly at the remaining sections right was that there may be a conflict no no no Uh no
In this case I think it it goes down into process Okay Um and uses broad language that should leave the door open for appropriate review I can't apparently talk and share at the same time
Okay All right Um so section B talks about um how the plan is to be composed based upon what district you're in We look for different standards Um and but they do say res zones excuse me R40 and R20 and AC plan requirements are the
same as our BR zone site plan requirements So we'll have enough we'll have adequate detail on there to indicate the utilities um the surrounding conditions um for adjacent land uses uh and adequate parking and
circulation out there as well as setbacks right uh I think those are going to be some of the primary considerations we're looking for Um section subsection C says if the planning board finds that the use structures and sighting improvements are in conformity with the zoning bylaws
site plan will receive the recommendation of the planning board I think that's sufficiently broad Sections D and E talk about uh I suppose corrective uh actions um that may be undertaken by the planning board
Um and then section E talks about turning it uh back to uh back over to the applicant Uh the only concern I have I suppose with sections D and E is that it um expresses a very truncated process and puts the
burden of revisions upon the planning board to doctor it up So I do think uh it's appropriate to walk a little bit of that back um if you see fit and um the remainder of any process concerns
that we have I would encourage us to let that be part of the zoning bylaw uh rewrite and composition that BDPC will be undertaking So so you do not see a need to edit
B C D or E because we may or may not be editing it further soon or is there an edit or two that you feel wouldn't be getting too into the weeds of regular site review
bear with me I'm just gonna bring it all together so we can I wish that I wasn't doing this on the online version of board That's okay So here's uh I'm gonna stop it Stop it All right So if I were to
um make a change I'd like to put this burden here back onto an applicant Um and it has been our experience that that's what we've done Uh if you think back to the daycare facility um down was
that Biny Hill Road and College Highway that was certainly a back and forth process but I don't think that it would be appropriate for anything but a minor revision to be put into place by the planning board We're looking for the applicants to
bring their proposals forward Okay So in this case the applicant show the plan according to the planning board or I think we said the applicant shall
modify the plan uh accordingly but I want them to come back I want them to return um That's a little bit broad right there Um okay See I don't want to uh be too
specific Um then only e it talks about um how an applicant would retrieve their plan Again this hasn't been the practical experience um of the planning board And maybe I'm going too far into you know trying to modify a tool that was supposed to be simple for these by
right uses but it does seem to indicate that they're picking up at the next um region I think we just um add the the term perhaps once approved by the planning board
this friend maybe Okay Well if they don't pick it up at the national picked up by the applicant our approval u is stamping um and signing um a site plan for site
checkpoint review So I think they can just uh they can maybe picked up sub Does that say ends submitted or submit it and submitted Um you can say submit it
[Music] Yes Okay I think that those edits can be explained at town meeting as simply amending the language to reflect the process in which it actually
it actually practically occurs which is to say that they amend the application the the site plans themselves and once we approve they go through the process of submitting it Okay grammatically
Let's hear it Grammatically subject The subject of that first sentence is the plan Oh I'm sorry Yeah Of in section E there Oh so the plan is not submitting itself Should be submitted or or the applicant
shall submit it or something You have to Yes Looks good to me Dick does that all track for you that seemed pretty good for me I saw it All right you understand what we're doing and are okay with it yep Okay
All right Is there anything else regarding this i didn't even want to put my hands that far into it Are there any questions by members of the public none
I would entertain a motion to close the public hearing on the site plan review bylaw amendment Dave Spina moved Singer second We'll call a vote Jessica Thornton I
Dave Spina I Dinger I just I Do I hear a motion to submit the proposed by the proposed bylaw amendment changes to town meeting
Dave Spina so moved Take singer second Roll call vote Jessica Thornton I think Singer I Jes I Thank you very much I will follow up um with final review by attorney big as is
habitual um and I will type up a cover letter explaining the intent and recommendation of the [Music] board on the agenda different but related
or No not yet All right We have the continued public hearing for the Earth Excavation and Wellhead Protection District special permit modification for the land off of Hudson Drive and Shaker Road We continued this uh from our last
meeting at the request of the applicant uh and their representative Uh that request was actually for some protracted period of time to the future Um but to allow for any changes in the make of the board to one meeting one or two meetings
is what I would recommend for adjustment Yeah [Music] maybe So if uh you want to set discontinuence that was gone again
that's gone Why don't we go for a second i will move that around as needed Okay All right So then do I hear a motion to continue this public hearing to the April 29th meeting at 7:10 p.m
Dave Spina So moved Second We'll call vote Jessica Thornton I cut singer I move right Now I'm somewhat related but entirely different continued public hearing for
the proposed accessory spelling unit bylaw Give me just a moment to bring up this document Sure Madam Chair may I shall I yes please Okay so we left off at the last meeting uh after having imported and homogenized
a lot of language from the newly released uh model zoning um bylaw that the state shared with us I didn't share this one yet I took that
document along with attorney Bane's suggested modifications and sent it to attorney Margaret Hurley at the state attorney general's office for the review If I can see the
comments Oh delightful Okay Um so I don't want to race through this Yes How's that much better Okay Um Attorney Hurley's comments were
brief and I will roll down to them slowly if you'd like We can take a one last walk through the bylaw if you'd like I say one last Maybe I'm optimistic here I would entertain Let's let's look at what she thought we needed to potentially change first Absolutely Okay
Let's look at those comments Okay The first uh ties in with what we just reviewed under site plan review Uh essentially she wanted to make sure that the criteria we talk about for approval minimizing rate changes and
tree vegetation soil removal Uh making sure we have compatible architectural style with existing principal dwelling Um making sure there's adequate water supply in either san or septic service and adequate parking maximizing convenience saf vehicular and pedestrian
movement within the property and in relation to adjacent ways We can request those reasonable plan modifications and may impose reasonable conditions They're not inconsistent with the bylaw appropriations of state law I don't think anything of what I said
right there conflicts with what we just read under site plan review and perhaps even better align with it with those new modifications that uh are so politely suggested this evening Um so I think she was just taking the opportunity to say okay you've narrowed down rather this
describes a very narrow scope make sure that narrow scope doesn't conflict with your cycle interview section We did it Yes I apologize there is the rest So I think we're uh clean on that
comment Yep All right I have a little bit You'll see us a draft revision in red that I have put in as a suggested response Um but we're going to take a
look at this Previously we said at least one part off street parking space must be provided for all local ADUs and protected use ADUs Um attorney was concerned that's just saying at least made it sound like we could
require more than one with I don't know careful reading out that sentence Um so and as she uh notes she's been flagging that text um as she's seen it from other communities
Um bear with me She had a second comment which dropped off um with my edit here So I just pasted in uh she so we talk about that required space We know that Southwick does not have
um public transit service Uh the model bylaw says they have a public um transit service section If you don't have it snip it out So that's what we did We don't define what those points are uh in
the definitions nor do we um describe if um bus service were to come to town and be within a half mile of an ADU you don't need to have that um parking space So rather than go in and try and make this bulletproof from the
uh from the get-go uh at least with the suggested bylaw and uh Hurley just say make sure you taking a look at this I think we're safe not talking about that exemption opportunity until bus service or some other public
transit comes to town Okay I'll go back to that change in a moment And last right here um she says protected use ads are allowed by right in any district whether single family home is allowed by right or by special
permit as we all kind of dove in and wrapped our heads around that you know that narrow point a meeting or two ago Um and so our existing language where we're talking about the local ADU
circumstance which should be which does not address the byite um ADU circumstance So this is just as this has come together in this draft a local ADU is
just that second special permit only um option So to perhaps clarify the language I say that a local ADU may be allowed by a special permit under MGL4A section 6 at any
location within the town where a lawful pre-existing non-conforming primary residential use exists in the zoning district in which that use lies does not allow single family residential use as of right or by a special permit
The reason why I pause here is because I would prefer still to grind this up a little more with attorney Beglin uh chapter 48 section 6 special permit is essenti I think
we're more familiar with it around non-conforming uses lots and structures uh bylaw where we're looking for a finding that the proposed use in this case the
local a second one um is not detrimental to the surrounding neighborhood right it's that uh that finding uh even though attorney big refers to it as a special permit I can't get my head past that but that's
okay I by my read of this it says local ads but that second ed may be allowed I'm going to use the or so just look at the second circumstance here um by that 4DA
section 6 finding at any location in town where there is uh lawful pre-existing non-conforming primary residential units Um you may recall that chapter 48 section 6 edition was um suggested by
attorney Beglane and I'm just not comfortable with that suggestion as it sits I think perhaps inadvertently or perhaps due to the unfortunate term of a local
ADU which doesn't impart any message that it's a special permit circumstance only of a planning board special permit u uh 185 section 9 right special permit um where we want where the planning
board wants to have that ed that control over um that additional not necessarily the narrow scope of chapter 48 section 6 That's right I think that's just saying that well under option um a Roman numeral one you can do
the special site plan approval which I think is the intent of the planning board for a second ADU right um to bring in some of that discretion um and ability to better protect the neighborhood I think that Roman numeral tool right here undoes some of
that intent to have that discretion because the only point of concern of chapter 48 section 6 is whether or not it is more detrimental
Right Right And granted I suppose that's the same consideration you're giving to any special priority that right to this 16 pieces or whatever it is that are there outlined right to that end I'm uh
fast forwarding a little bit uh into all of this I uh any action if we choose to close this tonight I just want to make sure that we um and I again as is customary we'll leave the leave the door open to any final edits from town council for the ghost town meeting Okay if we choose to
do so So anyways that's that part right there Um I don't think attorney's um comment comment did Yes she did So that she was making reference to this section here Um and but hers
is making reference to where the protected use ADUs are allowed which to another degree um tells us that perhaps the term local ADU is
uh it's not communicating the intent to them right off the bat I think it's defensible in the end if if it just leave the way it is Uh it's written in there and someone just has to go in and look at the definition of the local ADU to understand
Let's go take a look at that Local and uh protected use ADUs are both defined Oh I'm sorry Here we are Local ADU in this case not a protected use ADU
but includes the rules specific to the non-protected circumstances Local ADU shall require either a special permit under 48 section 6 wayine approval or special periph
Yes So that's that's the other half of attorney's comment that I really want to grind it to make sure he's 100% comfortable with Okay I haven't seen that much It wasn't flagged by um attorney So perhaps everything's just
fine Okay Very sensitive to make sure that everybody understands that the protected sades are not allowed Don't mess with it Right Okay So if you'll allow me now to uh just take a quick walk uh to that suggested language
edit from that first com second comment okay off streetet parking we we had it simple before just saying well we'll give her the one off streetet parking space provided for all local
ADUs and protected use ADUs can be in a driveway or garage So if the planning board is so inclined to describe a circumstance where more than one parking space may be um permitted I added the following
sentence An additional parking space may be allowed through the planning board review and or approval process as applicable to the proposal only when adequate justification is made and adequate space for parking vehicular maneuvering and landscape buffering is
provided without compromise to pedestrian movement Landscape buffering may be a bridge too far And I do observe Oh my goodness what is going on here click away Just don't hit that I want to Yes
exactly Um I think the adequate justification is made I want to make sure that's the applicant We're not trying to create a way planning board is supposed to write in justification to the decision
So anyways that maybe um I mean I kind of get held up on what isn't an adequate justification for a second parking space I mean the ADU is going to be meant to
serve my son and daughter-in-law and they have two cars Okay Is that adequate justification enough for us or anybody else perhap perhaps So um I guess what um what circumstance would aside from dimensional not being
able to fit in there is there any circumstance where we uh would say that's really only suitable for you only need one part in space perhaps right I I right I mean I I want to acknowledge
that the motivation might be there to try to limit the amount of imperous surfaces throughout town Um but I think in the case of a ADU we're not talking about an acre's worth
of pavement And if that were the case that they came in with an extensive amount of payment that would be a reasonable site plan modification regardless of whether they were doing it because they want to I don't know put a new basketball court
next to the ADU You know I you know that would be something that we would manage outside of is it a parking space is it not a parking space is it a parking space for a boat is a parking space for a motorcycle So you did good work with that language
I don't know that we need it I'm about I'm fine to reject the insertions Is there any need or desire to um put a cap it be it's hard to envision what
someone might be building right yeah So maybe I just I just asked the question that's all Yeah No I think that's going to need to be managed under reasonable site plan review Strange to try to call out an extreme
circumstance in advance It's hard to imagine and protect against something nebulous Yeah Right Or embrace it for that matter Okay All right Um I think we can accept the removal of the at least
one We still need final approval and understanding regarding the special permit language And I would rather hear his response at our next meeting and be
able to act on it So I would entertain a motion to continue as opposed to closing this this evening when we get to that when we get to that and that's perfectly fine by me I want to get the option available to the planning board I just want make sure all of our So right And I
think perhaps John if you can email this in its current form to everybody so that we all can have a chance to really read through it another time or two prior to our next meeting when we have our answer
we will all be comfortable voting on it and making our recommendation to town meeting at that time Does that sound good for everybody Yep All right Um public hearing Does
anybody in the audience have a comment on the ADU bylaw no This is so much fun for you All right Any other questions comments concerns from board members
yeah All right Then I will entertain a motion to continue the public hearing on proposed accessory dwelling unit bylaw to want to move 71 Okay sure To
711 p.m on April 29th Dave move second call vote Just the floor and I d I sing I D Good Thank you for that work Mr God No
problem Uh people square community All right As planning board members you may recall through last uh fall and into the uh early winter
um we processed a a security reduction for storm water infrastructure So under the previous um stormwater bylaw security was um put into place um through a cash deposit
um most recently or at that time was about $175,000 Uh and the project was and remains substantially complete if not something more than that Uh there were some concerns about one basin out there
and there were some minor uh repairs uh requested to I believe a a drain manhole cover Uh so those concerns and the repairs uh were essentially left as open items
secured through $20,000 put into escrow uh via attorney uh Richard Cybeck Um so that's the current security that is in place for that project Um the work was completed Uh we started getting some rains and everything seemed to function
but uh both teamw um and the home assoc wanted to just make sure we had enough uh I guess time to see amongst variable storm events that the repaired basin was functioning properly
Um I have three bits of correspondence I'd like to share and I guess I'll read them into the record Mr I said this tonight All right Uh the first letter is from R Le Associates Um jointly issued by Rob Lec
and Phil Bra This is written to uh Randy Brown uh in his capacity to advise the planning board um on this technical matter Dear Mr Brown on behalf of Twain Depot Square LLC ARC Associates is pleased to submit
this letter to document the general compliance of the asbuilt storm water management system for the site improvements at the depot square condominium development RLA has been involved in limited observation review of the construction of the depot square condominium community located off depot
in South Lake Massachusetts Over the past 15 years our involvement has included periodic site visits site inspections and coordination with the proponent and municipal officials throughout the life of the project This assessment is based primarily on the affformentioned site
visits field surveyed asbuilt conditions of the development and post construction on-site walkthroughs Based on our observations over the duration of the project as well as more recent storm water inspections conducted in connection with the project
closeout we note the following The storm water conveyance system including pipes manau structures catch basins and water quality units uh was found to be in disrepair during certain inspections These deficiencies were identified and repaired by the
proper As of our most recent inspection storm water conveyance components have been installed in general conformance with the approved design plans These improvements are shown on the asbuilt plan submitted with this request Each of the storm water basins has been reviewed
observed and rebuilt or repaired as needed over the course of the project In particular basin number five was a subject of increased focus in recent years Modifications intended to resolve issues in basin number five initially resulted in slower than intended drainage To remedy this the proponent
retained a contractor to regrade the basin and install new filter media Following this work the basin has been monitored after rain events and appears to be functioning as intended Based on the foregoing our LEC associates Inc respectfully requests final sign off from the South Planning
Board regarding the storm water permit issued for the above reference project storm water system has been installed to general conformance with the approved design plans recognizing previously documented deviations and other changes that have been reviewed with the DPW
engineering department and planning board over the duration of the project buildout It is important to note that due to characteristics of the site and associated storm water infrastructure ongoing periodic maintenance is critical for the long-term function of the system
This maintenance is required under the approved operation and maintenance plan and is the responsibility of the homeowners association Going forward is imperative the homeowners association engage qualified professionals to inspect and maintain the storm water management and conveyance systems in
accordance with the onm plan to prevent future degradation or potential downstream impacts Please also note that our LEC Associates Inc by confirming the systems installation in general conformance with the plans is not assuming any responsibility for the long-term
maintenance or monitoring of the storm water system These responsibilities remain with the homeowners association or their designate as outlined in the stormwater report and on plan If you have any questions or require additional documentation please do not hesitate to contact our office
sincerely our levac associates Rob Lebec and Philippe Brao Along with that letter they submitted a copy of the ASL plans that were issued um multiple times but most recently um amended last fall So if you
will this was uh to bring that discussion uh back to the planning board Um as attorney Cypek noted um when he was for the planning board last year um we were looking for acknowledgement from three parties We needed the design uh
engineer to give some certification to the best of their abilities um to what was built out there Uh the next piece uh was uh for DPW um to share any concerns they may have Randy Brown writes to me
"John this email summarizes the outcome of repairs performed in November 2024 to detention basin 5 at depot square by Tim Lucier and his contractor Prior to these repairs the basin was to be infiltrating storm water at a much slower rate than anticipated Since the completion of the
prayer work uh DPW has conducted several inspections after rain events These inspections have confirmed the basin that the basin is draining fully within 72 hours of each storm event which aligns with the expected performance for the facility Based on these findings DPW
has determined that detention basin 5 is functioning properly As a result DPW recommends the release of any security tied this basin back to Mr Lucier If you have any questions let me know Randall Brown TV Uh the third piece um was
acknowledgement um through homeowners association um and Mike Parent has been the point of contact for that Um there was some discussion about uh how to bring this back back forward and I remind everybody one make sure we had
some exchange from parties Mr Parent writes to attorney Cypek um Mr parent is out of state but connected with attorney Cypac today as reported to me Um hi Rich Cipac Mr Parent writes "Hi Rich our
expertise comes from Randy Brown Randy is happy We are delighted Randy also wants Rob to sign off on it When the people who know more than me are willing to sign up on the pond working to the expected level we are good Thanks Rich Mike Parent."
Um so those are the three key pieces there Sorry for the duration of that discussion but I think we want to make sure we had those three pieces in mind With that um I would recommend um a motion that simply releases the
security You know the planning board no more than PPW can take ownership um of the completed work out there So we're not um certifying um any uh performance out there We are simply releasing uh the remainder of funds
And how is it currently held it's currently held in escrow account There's an account um an escro account that is being managed through attorney Cypex's office in the amount of $20,000 Do board members have any questions
i think we're signing off only due to the fact that the involved parties are okay with it We're not saying it's okay but they're saying it's okay to us Correct Right Right And we wouldn't say it's not okay unless
somebody like Randy said to us you might want to hold back on this but I mean it's long overdue to get rid of this project Agreed But I'm also glad to see the South Planning Board holding on to funds
until we are certain that a project is completed and to the standards that it was approved to be built for Yep Um All right Then with all that I would entertain a motion to release the 20,000
being kept in escrow by attorney Rich Cypek for the storm water infrastructure security Dave Spina moved Second Roll call vote Jessica Thornton I I got
I just I good read Um so attorney has advised us just to use a generic um release document Uh once um attorney's happy with the content and format of that I'll just ask
for a signature and to be notorized I think we're fine with one on that but we'll look for him to confirm Okay Okay Nothing to sign this evening but we'll get that managed quickly Do they want to vote to authorize me to sign or not do I hear a motion to authorize the chair to
sign the letter to attorney once it is approved by council dina so moved Cinger second Roll call vote Jessica Thornton I D I Da I Thank you Does all that paperwork
stay in file with this whole project yes So uh there is a uh there are a number of accordion folders devoted just to this project um through Allen um and Marcus' and now my
uh my tenure Um so all these steps are monumented there and at least um recent ones are kept in our town archives How old is this project that's two So I started at LEC Associates in 2008 or
nine Um and that was one of the first that was the first job I worked on So I think that went in for permitting in 2009 So you're the beginning and the end huh wow That is that's something All
right Next Noble steed crossing review and revaluation of the subdivision infrastructure security Do you remember let's start with that A long day Jesse
Salt Marsh Noblestein [Music] Um so we received the uh updated plans that were revised per um Randy Brown's comments and I emailed those out
today to John and Randy and uh Sabrina and um we're currently working on water quality base number three um re reworking that area Um we're going to be
doing the test pits for the footing um for uh for the crossing tomorrow with um Pierre from O'Reilly Talban and Oak That'll be at 9:30 Um Randy and John are both aware of
it Um not somebody from DPW or the planning board will be there or I mean John not you guys but um so that'll be done tomorrow
and we're going to continue working on towards our schedule that we proposed to you Okay Um are we still in line for the April submission yeah 21st Yeah Yep
Any updates John on your end no Uh appreciate Jesse taking the time to meet um uh with the team over at TTW Uh I did see that uh correspondence come through as forwarded uh from design engineer
So between that and the test the tests for the structural component taking place uh tomorrow glad to see that moving forward as intended Excellent Any board member questions no
Right Well okay So I'll just come back on the next meeting Come back at the next meeting That's the 29th It's the 29th Yeah We have the school vacation Okay All right Sounds good All right We'll see you then Jeffrey Thanks Have a good night
All right Review of plans not requiring approval for and six drive I apologize I don't have this electronic chair I'll survive Oh Uh maybe we'll pull it up on GIS Yeah
that's a good way to do it Got to spend my hours draw Oh okay It's night ready yet [Music] Okay So James and Elaine Kosmas Kascus uh own a substantially sized piece of
property off of Fenton Drive Um the tale as it's told to me relates to we'll call the irregularity you see um in that westerly property line um where if you will their
property actually it's a tale of surveys right uh a lot of times when you're talking about uh country surveys the first one to record a plan gets a better chance of getting
what they want out of it That's not that's probably a tremendously risky statement but the bottom line is uh it does relate to the fact that you know um land that is only described [Music]
um in terms of a destination and turning and going to another destination and returning as opposed to bearings and distances and a recorded plan um without the recorded plan you're not as well protected Um so that has been a
goal of theirs uh for some time but as it turns out over um near their access point um and with number four right here we can just see the signature of the driveway that um goes off their property too a little bit
So what we have on the Antarctic is a um is a land swap All right So that if you will that vertex right there um can be can add on in this dimension right there The goal is to not take
um a uh a non-conforming property and make it more non-conforming So the proposal is to frankly whatever they cut out to bring the driveway fully then onto the land of the cosmeicses
they add on um to another portion of the property not affecting any um setbacks um or creating any other non-conformities Um so not not an unfamiliar uh tool but uh we don't often see large
um surveys like this come through So there's definitely a reason and a need behind it but in terms of what the planning board reviews is So so we're literally swapping that one top Yeah So this driveway will become fully
on this main the big property Yeah So where are they going to So the new property line will be this and then this little triangle is going to become part of this be over there Okay Y okay So the best way to describe it to
you is that I can see it I can see it They're cutting off what is essentially a triangle there right adding it on Right The building size piece of the triangle on the back side of the property in the triangle It's about a
thousand or about 1,200 square ft total being swapped Okay It's pretty simple Yeah it's pretty cut and dry When you can't see it in front of you it's like I can see it All right then Uh with no other questions from board members I
will hear a motion to endorse the ANR land swap as provided on the plan given to us Dave Spina still moved Cuttinger second Roll call vote Jessica
Thor and I Dina I cut I thank you all so much Uh for those here in the room please remember to sign before you leave I may wish to pass that down You want to put that in comments okay
Do we have um receipt from 157 feeding house oh yeah we got talk about that too Um let me read I've probably already you know how much I like reading the Yes I think I've
already done this one You're very good at it Oh gosh So um on March 17th Steve Salvini from Salvini Associates uh wrote to the planning board uh on
behalf of Crepes Tea House we're requesting a pause in the scheduling of the special permit application currently submitted until after June 1st 2025 With this pause we're all hopeful more members will be added to the plane board to facilitate the various needs of the public Thank you for your consideration in this matter Steve
Salvin Um that's one half of the necessary equation to extend the period of time before opening a public hearing once an application's been sent in by the town clerk The other half would be the planning board to will acknowledge that
and let's go ahead and set a date Um we can go the full distance or we can pick a different date Um okay So this I would normally say sure let's
go ahead and you know acknowledge it and move it forward to with the first June um meeting is June 24th unless I'm I'm bringing it up right
now Go ahead Pretty certain that that's we we have a meeting on May 27th and then we move into our summer schedule of one meeting a month for June July and August I would be okay with that except for the
fact that as of right now even post election we will still only have four board members including a board member that will need to recuse
themselves from the matter And as far as I am aware there is not another name floating out there Um we received a letter of
interest from a member of our current housing authority and in making sure that there wasn't going to be a conflict in scheduling And in the interim he's actually become the Republican caucus's nominee
for Mr Doh's seat that was going to be open So whether we were to um appoint that gentleman prior to the election or wait until his swearing in the week after the
election um Mr Udzinger's um withdrawal from the board will then go into effect Um so we will still only have three members eligible to vote on this particular project I would
ask John what your thoughts are Do we set a date and then push it off from that date if we are not available to do so at that time or is it better to just acknowledge
the receipt of it and leave it open-ended i'm not sure how to manage that as we juggle these Uh you're asking good questions So Jess I will just stay on for a period of
time if you need me Okay Through a contentious public hearing process on uh what you already know is going to be a hot button issue that may last through
the summer Okay Okay I I don't want to presume your availability out of respect for you and respect for the applicant you know and
and understanding what this application is and the amount of time that will probably be needed to dedicate to such a public hearing that it is not going to be a oneanddone or even probably a twoandone
type situation where there's going to be a lot of public input Um I don't want to tell you no you can't stick on and stay with us but I also just want to be realistic and respectful of you and your needs and
desire Yeah To move on So it's your call It's your call Thanks How about this i mean I appreciate Dick's generosity Yes Um but and I guess to see a little of
Steve's language there's a municipal function that needs to be tended to not just our business but if you will meeting u members of the board So let's I'll tell you what I need first and perhaps that'll generate some other
uh language or thought Um the extension does need to be monumented by both the applicant uh and the planning board So I think I'm more comfortable if we
assign the date tonight If the applicant remains willing to do so or if there's a need for it right um then we can revisit this as we get closer to presumably June 24th But um that was to say after June
1st Yes after June 1st So why don't we u set the date this evening all right So do I hear a motion to acknowledge the receipt of the request to extend the time before opening the public hearing for Crepes Tea House 157 go right ahead
Just don't say the date yet 157 Feeding Hills Road to um time that will be announced at the June 24th meeting I think we could I didn't want to just
say oh June 24 I want to get a little wiggle room June 25th or would be satisfactory to me I'll give a chance to talk about it in case there's an appointed I apologize I'm stepping on what a beautifully executed motion does
anyone want to second that before discussion pardon my do you want to change the date or the time or someone in the safe for what you're talking about right now They say a point after June 1st if
we I don't want the promise intended from this motion make it sound like opening it June 24th That may very well be the case Okay Um and that's fine if everything if if either we have to go that way or what
have you thoughts So do I hear a motion to acknowledge the receipt of the request to extend the time before opening the public hearing for Grapes Tea House 157 Feeding Hills Road to a time on or after June
24th 2025 dave Spa so moved Sing a second Roll call Jessica Thor and I D I got sing I voting will abain from I will abain from
voting for you Yes Excellent Thank you for entertaining It's going to be entertaining when they read that back Yeah Yeah Let me see the minutes Okay All right Next we have planning forge member
and staff member comments Why don't I jump in with the staff comments sure Uh your first uh chair was kind to point out uh the um approved January 21st minutes did not reflect
the approval of other minutes at that meeting So that has been added into the copy before you Oh there it is So really quick it just reads the minute minutes approval for September 10th and 24th and October 7th of
2024 All the motions were made by Mr Spina and seconded by Mr Uzinger for all three meeting minutes Do I hear a motion to approve the meeting minutes for January 21st as
amended dave Spina so moved Take singer second We'll call vote Jessica I mean I cut singer I thank I also went kind of crazy and made a bunch of changes to the February 4 meeting
minutes that were emailed to you and the February 25th meeting minutes Thank you Nothing too wild Nothing too wild They were just grammar grammar changing of the ways
that some of the things were listed Um and just clarification on the language to make sure the meaning was conveyed properly Yes Right Yep I would say both for Mr for Egleston's
um modification report and then uh later for like I'm sorry the Pioneer Trading Company's application some uh poant changes okay but nothing left I think is
changed the meaning and or intent of the D When you are satisfied with those I would hear a motion to approve the meeting minutes for February 4 2025
So moved A second Call vote Just the floor and I I just I similarly I hear a motion for the meeting minutes for February 25th
2020 as amended Dave Spina vote second We'll call vote Jessica for and I D I just and I'm sorry I didn't give um any other
planning board members the chance to comment Ah yes comment Exactly So the master plan implementation committee met honestly March 26th but somewhere toward the end of March Um still chasing down various boards for prioritization
of action items Apparently we are not as a board completely compliant So uh I encourage anybody who hasn't done should everybody should have done three things and and who was the who was the MPC member assigned to the
planning board to make sure we did our job Yeah He's been wully delinquent But anyway we also have done three things which would be ranking of our top priorities ranking of the bottom priorities and the last thing we submit was ranking of the middle priorities I
can get I know that we I know that we're not compliant but I will uh I will go through and I can find out specifically who is missing is missing what And uh I think I'm missing my middle Yeah I I
emailed the document the middle after our last meeting when I realized that I completely missed that I It's just the document is driving me insane quite honestly It's all over the place I'm trying to format it so I can print it
and read it and follow it You need a page break preview diagnostic I like PDF it would be Oh that would be great Can you do that see if I can figure out how to do All right Thank you Thank you for volunteering Thank you
because Yeah it's been driving me crazy Cool I have looked at it And then we're meeting again at the end of April Um anything dick anything nothing Nothing
Um I had something I went to pull up something on our e-code as a member of the community reached out to me and had a question and I went to answer it and uh our e-code does not have all of our updated
bylaws such as our pre-existing non-conforming and or updated cannabis bylaw Probably a couple more Probably a few more Um Who do we uh submit a ticket to or how
do we go about getting that updated i vote for John Thanks Dick Uh I almost spit out my water So um I often times wonder um why
municipal products um are archaic um or seem to have clumsy execution whether it's the website package that's sold to towns the assessor's mapping
products that are sold um or the bylaw repositories online Um here's the truth The good news is that um with Christ Mat's uh arrival we went back we grabbed any loose ends or
whatever else and submitted everything to Ecode All right Uh the new bylaws live in a place that is not very well described but there's a little button on the left hand side says new laws There's
24 of them going back to 2023 So 2023 and 2024 actions live in that one space over there And for an individual trying to seek and work with the bylaws of the town of Southwick Oh
you you go over you click on this uh pre-existing non-conforming 18528 section Look at that I can work right here Right And now the truth is that that has been superseded through official actions that you either know about or you discover by falling
face first into them As a juice consultant that's something I've done But anyway so the good news is that they're underway I don't But there is also something else that I think is at play here and that the town ponies up
for an update to the bylaw So we have to ask um I think it's money It's something like that Stop it That's a long way Forget what I even said I'll chisel it onto tablets myself Um
I will why don't I get an answer Christie in terms of where we are in the process when we expect these updates to be or even like an asterisk that's saying this by this piece of the bylaw has been updated by here click here
special town meeting something cool you learn something here every day I will make an action item great do I hear a motion to Close the meeting Dave Penis so moved Think I think a second
All right Everybody in agreement say I I