Good evening everyone. This is the Town of Southwick planning board meeting for Tuesday, December 2nd, 2025. As you can all tell, we are meeting here virtually via Zoom. We will not be meeting at the South Town Hall this
evening due to the inclement weather and the closure of town hall. The uh first thing we'll do is a roll call of everybody here. First, there is myself, Jessica Thornton, planning board chair. We also have vice chair David
Spina. >> Hey, everybody. >> Member Diane Chispa. >> Hi. >> Member Jason Grunwald. >> Present. >> Member Marcus Phelps. >> Hello.
>> Our associate member, Giovanni Alip. >> Hi. >> We also have our town planner, Alvin Allen. present. >> Planning Secretary Renee Huden. >> Hello. >> Hello. All right. We are recording this
meeting. If you are, that is fine. You just need to let us know in the messages at the bottom. First thing on the agenda is the town planners report. >> Okay. Good evening everyone. Uh for the town planners report, I just have a couple of items. one being um well I
guess I'll just start off with the um just wanted to alert everyone that we will have a an upcoming meeting with PVPC the Pioneer Valley Planning Commission again for the update of our zoning bylaws. Uh we will have our working group session which will occur
December 10th. So I just want to keep that on everyone's radar. Um and then following that meeting, we will look to have our first public meeting uh sometime in January uh to be uh decided. Uh the second matter is uh 801 College
Highway. I' I've had uh Mr. Patel has called me um a couple times between last week and this week u just seeking to see if he could actually put uh a residence on his commercial lot. Uh currently the
lot has um a convenience store and gas station and um he is seeking to put um residents I guess for his um his his workers uh to utilize and I know we want to promote um
you know um mixuse on um College Highway. However, I just have apprehensions to putting a residence on a a lot, you know, where you're gonna have folks having to traverse through uh uh
gas station traffic. So, I um I just have my apprehensions to that, but um you know, I just wanted to put it out there to the board and you know, for you guys to think about and uh you know, um if you have comments one way or the other, just feel free to reach out to
me. So, that's that's all I had for um town player uh business. All right, let's see. Next thing on the agenda is public comment. If there's anybody here online that has
a public comment for something that is not already listed on the agenda, you can either raise your hand or unmute yourself and speak up. >> Yes, this is Guy Stan. I live across from 6 South Lumis and
>> Can you give us your address, Mr. Stanh Hope? >> Five South Lumis. >> Five. Thank you. >> Go ahead. >> And I just was wanting to look at some plans. I was supposed to get sent some plans by somebody just to make sure that the water flow is going to be enough to
handle those lots cuz the water comes to my side eventually. I'm I'm on the downhill side, so I just wanted uh you know, I know there's retention ponds and I know all that, but I wanted to make sure that the size of
the piping is going to be correct to handle the water flow. >> My apologies, Mr. Stanho. I meant to send those send those plans to you earlier. I'll uh try to get those plans to you tomorrow and again uh the matter will come up at the next meeting on December uh 16th.
>> Okay. Thank you. Yeah, no problem. >> Thank you, Mr. Stan Hul. Were there any other public comments? >> Hearing none, the next thing on our agenda is the continued public hearing for 6 South
Luma Street for a request to modify an estate lot in common driveway special permit and site plan approval. We have an email that was received from Arlovesque Associates
requesting a continuence of this matter to the next meeting. Do I hear a motion to continue to 7:05 p.m. on December 16th? >> Dave Spina so moved. >> Do I hear a second?
>> Second. >> We'll do a roll call vote. Jessica Thornton. I >> Dave Spina I >> Diane Jpa I >> Jason Grwald I >> Marcus Phelps I.
>> Seeing as the next uh public hearing cannot begin until 7:10 p.m. we are going to move to another item on the agenda. The next thing we have is our planning board review and reevaluation of
subdivision infrastructure security for Noble Steed Crossing subdivision. Looks like Mr. Salt Marsh is online with us. You with us, Jesse? He'll he'll have to unmute. I see he's still mute. There he is.
>> Can you Can you hear me now? >> We can hear you now, Jesse. Thank you. >> Oh, okay. Um I'm not very savvy with this, but uh can you still hear me now? >> Yes, we can.
>> Okay. So, um, since the last meeting, we've we've paved the entrance way, and I've uh uh um installed um um no outlet signs, three of them,
um just like temporarily so people that don't live there are aware um that it doesn't go all the way around. And um we'll be installing some additional construction fence at each end of where
the crossing is to um you know as as more of a visual barrier type thing um as well. And um you know with this weather we're a little bit held up but
we uh plan to continue construction as weather permits. um with whatever's left on our um our to-do list out there. Do we have um maybe for the next meeting an updated punch list of things that are
left to be completed and things that can be touched over the next few months as weather is likely to be inclement and it'll be too cold to pave most of the time. So, just so that we have an idea of what um we're looking out for and what the goals are coming up.
>> Yep. I can update uh our to-do list and I'll bring that to the next meeting and uh um you know update you guys and go over everything. >> Great. And you were able to meet with uh Alvin and John?
Yes, I met with um uh Alvin and John last Wednesday and um updated them um with everything with everything that >> Cold >> with everything that I said. Sorry about
that. I'm in a truck. >> Plow season, right? >> Yes. Yes, that's correct. >> Okay. Uh was there anything you needed to add, uh Mr. Allen? No, nothing to add. Um, again, we'll meet next Wednesday uh with John and I
and uh again, we'll look forward to uh any sort of timetable that he uh puts forth. >> Okay, great. Well, thank you very much for taking a break from pushing the snow and updating us and we'll see you in a couple weeks, Jesse. >> All right. Thank you. Have a good day.
>> Thank you. You as well. >> Yeah. Bye. >> All right. Still not quite 7:10. Uh, but we will take note of the next discussion item which was going to be um a parking
report from 141 Congam. Board members who are a little bit more experienced are familiar with Mr. Egleston. Um, and so for those of you who aren't, uh, Mr. Allen sent out some information including the special permit
decision and site plan um so that you have an idea really of what we'll be looking at when he comes before us in a couple of weeks to address that discussion item. >> Okay, >> Jess, uh I >> yes
>> looked at that material a little bit and it indicated he was going to come I guess back for two years for re, you know, reporting and >> yep, it was for two full years of full
site usage. Um, so it was extended out a year last year because we there haven't been up until this point at least two active
successful up and running restaurant businesses on site in addition to the marina. So that when we were doing this look back about the parking situation that we would be looking at information that the site was being used at full
capacity currently and that hadn't been the case for that site. >> Thanks. >> Yes. So um I look forward to hearing from Mr. Eglesson next week on what businesses are currently there and what they experienced this past season and we
can discuss then what we will do going forward with the look back if any. Okay. Next we have the continued public hearing for 157 Feading Hills Road. This
is 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. Uh this is also known as crepes tea house and board
member Diane Chispa as Nab Butter has abstained from this hearing. We have received an email from the representative from Sveni Associates requesting a continuence in this public hearing to our next meeting. With that,
do I hear a motion to continue to 7:10 p.m. on December 16th, 2025? >> Dave so moved. >> Jason Gro >> Jason Grald second. >> Yep. >> Yes. Okay. Do roll call vote. Jessica
Thor and I >> Jason I >> Jason Grunwald I >> Marcus Phelps I >> Yani Alap I >> you >> next on our agenda
is the discussion item for um battery energy storage systems or best um moratorum Let's just say that um the select board did not choose to act to vote to request that we open
a special uh public excuse me a public hearing on this proposal as it was the belief of the majority of that board that the proper uh order of operations here would be for the planning board to
formally vote to request the permission from the select board and give our explanation why we were looking to do so in order to open up a public hearing on the matter, discuss it, vote to or not
to propose a moratorum for it then to go on either the special town meeting or annual town meeting warrant. Um we as a board did not have that discussion in that way
last meeting because this was not originally a planning board initiated request. um the select board chair and CEO reached out to us um see to see if the planning
board would be interested in this and because of the tight turntable with the special town meeting we said yeah we would but you know we haven't gone through the motions of researching this and coming up with our
own idea for exactly why we were asking for it, how long exactly we'd be looking to have it. Um, and you know, public hearings, bylaw changes happen for a lot of different reasons. Um, this
past year it was requested that we do it because of a citizen's petition. Sometimes it's in response to a lawsuit and we have to uh do a bylaw change or update or circumstances change or somebody comes in with a public comment and says they are having an issue and
would like the board to look at fixing it. So it happens for a lot of different reasons and this one kind of came about in a different fashion and we acted in the quickest manner possible so that we could address it. Um,
at this point in time, I do not know that this board will have the posting ability or if we can piggy back on what has already been posted for a public
hearing to begin at our next meeting. the select board if they are in receipt of something from us next Monday could authorize us to open that public hearing the next day I believe I don't think there's a time
table there but um it seems like the select board members are looking for our rationale and our reasoning And
do we have a fullthroated reason, rationale, interest, self-motivating planning board desire to not only hold a public hearing on the matter, but to take input from members
of the public, business owners, all the like before proposing this moratorum, asking for it to be a town meeting, and then standing up and asking the town's people to vote alongside with us in our request. Um,
I'm going to let you all have your moment to think about it and share with me now whether or not you are interested in any manner of taking a vote this evening or in the near future to
open a public hearing on a potential battery energy storage system moratorum and what exactly that mean. >> I Mr. vice chair. >> Time to digest this. >> Okay, Mr. Spina.
>> Yeah, I know. I I think it obviously um you know, it's a it's an evolving technology. Um I want to be careful to not put the words into the mouth of either DPW or the fire department, but the last time we were talking I think about the it was the goose pond um the
solar array over there. My impression was that the fire department is still kind of figuring out how these batteries work and what the technology is and what safety implications there may be. Um, and certainly me personally, I rely
almost 100% on those experts when it comes time to, you know, making the right decisions or right recommendations or conditions on a on a special permit for a battery solar field. Um I think at the very least um I I I don't see any harm. I think it's
prudent to you know have a hearing where we can get you know information from them and the public in general about you know how they feel about you know do they feel confident that they understand the technology sufficiently to be able to advise us uh fully or um is there still some work to be done and maybe things that want to be baked into a
bylaw that are um you know you know very specific that we provide guidance to those who want to put such a facility in. So, I' I'd be in favor of uh voting to I guess request the select board to request us to have hearings >> to allow us.
>> Yes. Yeah. >> What's that makes sense to me as well? Um just to get more information and hear from all sides, I guess. Um makes perfect sense to me. Um and like I said,
I just want I want more time to digest everything. I want to hear from everybody. So, I it makes sense to me to vote favor of a public hearing. >> Okay, Mr. Grunwald, >> I'm aligned. I would uh I would like a
public hearing. I I'll echo Dave's sentiments on the fire. I think there's some concerns with how we're putting it out and when it starts and how far it's going to spread and what we need. I think there's some other underlying things of if it leeches, if it goes into groundwater, those chemicals that are
associated with those materials, how far we should or should not be away from water sources, ponds, different things like that. I I think some due diligence, some information from the town, and then updating bylaws with some of these information after we get it is prudent
and value ad for both us and the town. >> Mr. Phelps. >> Yes. A couple things. Uh I did listen to the select board meeting on uh this topic and I'm thinking we need to send
some kind of a draft uh article which could be as straightforward as uh a moratorum on the expansion of existing or the development of new battery energy
storage systems. best until June 30th, 2027. Uh, I use that date only because Mr. Mowglin thought that whatever article was
presented should be to a date certain. So, you know, I'm we could be flexible on that date. June 30th would, you know, be after the annual town meeting,
uh, whatever if it if it went on. And then along with that draft article there should be an explanation which would be moratorum will provide time to research
the subject technology and environmental and infrastructure impacts I guess you'd say in order to uh develop a bylaw bylaws.
bylaw or bylaws. In other words, we could modify our existing solar bylaw to say that uh any system can't have a best larger than a certain size.
And the other thing is we may need a new bylaw because people do build these bests uh as standalone to capture other types of generated energy. Now I don't
know if that would ever happen at Southwick, but anyway, that's kind of my take on it. But I think the select board is going to want something substantive uh to
look at. And then of course the challenge is the time frame if they don't approve it till their next meeting. Is there enough time to have a notice and have a hearing
uh to catch or be able to get it on the January special town meeting? And I don't know if we're prepared to present something that like that to town meeting. I mean it's it's challenging
sometimes to put something out there to town meeting and uh depending on which the way way the wind starts to blow uh it can pass or it can get hammered. So >> those are my thoughts madam chair
>> and Mr. Phelps I just wanted to clarify that our zoning bylaws do not mention uh best or battery energy storage systems. So if we draft something would likely uh uh refer to pertinent structures.
Okay. Could we say iie battery energy storage system? I don't know. You mean in I mean we have approved I guess two systems
that are linked to solar arrays. one on Hudson Drive and then the one we did down at Goose Pond. So, >> yes. Uh I guess I'll check with our our legal team in regards to that
how how we refer to that. >> Yeah. >> Giovani, did you have any thoughts? >> No, I'm okay. I appreciate and take all of your feedback and your words and I think they're all
wise and um prudent. I am very appreciative of Mr. Phelps's work to put together a very nice draft quick and easy article and proposal and
explanation for the select board. I think um all of those uh things that you said and maybe an additional um line in regards to the fact that currently where these would be um
situated within our bylaws is they're allowed in pretty much any district but most importantly in the industrial zones and those are in fact overhas. So um I think I agree with what was
said. I think we should take a vote to refer the matter to the select board with a you know and of course it's all subject to change what we send to the select board when we have our public hearing and have our discussion. We may
end up with a different article to actually present either to special town meeting or to the annual town meeting. we can open up a public hearing next week and we can have a ton of input and we may get overwhelmed with it and just not be able to turn it around in time
for it to be posted and approved and ready to go at the special town meeting. It just might not happen. Um, but we can start the process um and with an eye towards the annual town meeting. I agree with the date
mentioned the June 30th 2027 as any updated bylaw that we would do would need to be incorporated with our entire chapter 185 update which isn't going to happen before this year's um annual town meeting in May. So, we would
need until a moratorum until that later date um to accomplish what we would be looking to do. And I want to clarify that I believe that the board is asking to hold this public hearing, not as a
method of stopping solar in the town of Southwick. That is not the goal. The goal is to make sure that we actually have better battery energy storage uh systems listed and identified and defined within our
bylaws. um as well as make sure that all the new information and guidelines that are coming down from the state can be incorporated into the bylaws and that we give um our fire and safety officials the proper time to have their input and
develop the guidance that we will then follow down the road when they advise us on these applications. >> Does that sound good with everybody? >> I had two other comments. >> Yes, sir. one at the select board
meeting it was mentioned uh by Diane Gil that there are pieces of legislation at the state level that are moving along. So that in some ways affects my second comment which would be
we may give the impression that we're rushing something if we try to get it on the special town meeting. uh in some ways might be uh I don't know you would say smoother
or look more professional if we you know take the time have the hearing do the research and then vote on an article that we can back up at a town meeting.
I agree. And I think part of the um the checks and balances on that is that when we do close our public hearing and send a proposal over um to the select board, they have to vote to include it on the warrant. They have to authorize its
inclusion, I believe. Um so if it looks like we've slapdashed something together in a in a way, I'm sure the select board members would not vote to include it. Am I noticing that our select board chairperson Diane Gail is online? Did
you have anything that you wanted to add? Chairwoman Gail or if we have misspoken the timeline. >> Hello there Diane Gail. Um, I appreciate your discussion on this and I think
we've taken a very reasonable approach to it. Your explanation is spot on as to what the motivation is for it. Um, it just might have been the opportune time if it can be pulled together
because there is an upcoming special town meeting that this might be able to be included. If not, um, then it would just be deferred to the regular annual town meeting, of course. Um, and yes, we would approve the we would have to
approve it to go on to the warrant um at, you know, however you present it. And of course, it would go through legal counsel to review that as well and make sure that it was all um, worded adequately and everything. So, but I I
think your your discussions have been exactly what the motivation is. >> Do you um agree that the if you heard it, the language as proposed by Mr. Phelps U would be sufficient of an explanation and request to your fellow
select board members for a vote at next Monday's meeting. Um, I think that was general enough to initiate the public hearings and then the public hearings of
course are going to prescribe what is presented for the actual article and it may be that the public says they want to leave it wide open. >> So yeah, I think I think that's what is
uh look what is being looked for. Um, and it is my understanding that due to the timing of the select board's nonvote last night, we actually have still advertised
uh for the public hearing to begin on December 16th. Is that accurate, Mr. Allen? >> That is correct. >> Okay. And um whether we pulled it for the next week or not, we could add it if necessary at that point. Right. So, it's
the two consecutive weeks of posting. >> Yes. I haven't pulled it as of yet because I just wanted to wait for this meeting this evening to see how you guys weigh one way or the other. >> Okay. >> All right. Then I will not ask him to
repeat it, but I'll ask him to email it over to Mr. Allen um so that he can share it directly with the select board. But do I hear a motion to send a letter requesting the opening of a public hearing on a moratorum for battery
energy storage systems as explained in Mr. Phelps letter >> you can attach it to the letter. >> I I lost a little I lost the thread there a little bit. >> Again, I I just want to be careful with
wording as well. Again, we don't uh mention battery storage, I'm sorry, battery energy storage systems in our bylaw. So, this would be again a temporary um moratorium on small and large u ground mounted uh photovoltaic
um systems. >> Oh, >> do we want can we modify it to just large? >> That's fine. That's fine, >> Madam Chair. >> Yes, madam chair. I don't believe that will cover it without
also stating the battery energy. I think it had to be both because they can be cohabitating or standalone. >> Okay. So I mean even if it's not already defined in our bylaw the
discussion of a moratorum on >> I can say a pertinent structures i.e. best >> okay um does that modified motion sound good Mr.
Smina? >> Yeah >> I'll re I renew my motion. I'll second it. >> Let's do a roll call vote. Jessica Thornton I. >> Dave Spina I. >> Diane Jazba I.
>> Jason Grwald. I >> Marcus Phelps I. >> Very good. So, I'll I'll send uh whatever text I dreamed up here to Alvin
and he can massage it and then pass it by Jessica. >> Yes, that'd be great. And we'll send that straight over to Miss Gail and Miss Parker over in the CEO's office so that
they are sure to include it and have it available at the next select board meeting. so that we can continue and opening up that public hearing on the 16th. All right, that was good. Now, the next thing on
the agenda is the decision for six street, which that's not happening. We haven't closed it. >> Um, were there any late submitt ANRS? >> There were not. >> Okay. I next thing on the agenda is the
meeting minutes for November 18th, 2025. I updated them a little bit right before the meeting. They weren't any major changes to what was there. Did everybody have a chance to look at the meeting minutes? >> Yes. >> Yes.
>> Yes. >> Wonderful. Do I hear a motion to approve the meeting minutes for November 18th, 2025? >> Dave Spina. So moved. Nasa second. Roll call vote. Jessica Thornton. I >> Dave Spina I. >> Diane Jespa I.
>> Jason Grald. I >> Marcus Phelps I. >> Giovani. You want to give an I. >> I. Giovanni. Also I >> wonderful. Thank you. Um are there any planning board or staff member comments?
The master plan implementation committee is meeting tomorrow. Um we're going to be going over the draft of the presentation for the meeting with the select board and planning board on December get this right 8th right. Um and we also doing
some benchmarking on other you know nearby communities their master plan implementation committees and see if we can't learn something from them about you know how they're doing as far as uh you know motivating their committees and other boards and coordinating that and see if we can't uh
maybe you know get some lessons from them and and and help us keep everybody moving forward. >> And and uh Dave, I owe you some paperwork. Uh my apologies. I meant to get it to you last week. I just put lock down with moratorum language and such, but um I'll try to get that to you uh
tomorrow morning. >> Sounds good. Thank you. >> Y >> any other planning board or staff comments? >> No hearing none. Then do I hear a motion to
close the meeting? >> Dave Spina moved. >> I hear a second. >> Thank you. All those in favor say I. >> I. >> I. >> I. >> All right.