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Good evening at 7 o'clock. This meeting to order at the town of Southwood Planning Board. Today's Tuesday, April 28th, 2026. It is 7 o'clock p.m. We are meeting here in a hybrid fashion in person at the South Town Hall at 454 College Highway in Southwick as well as open for

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participation via Zoom. We are recording this meeting. If anybody is alsoing, that's fine. You just need to let us know. Yes, that cliff will Good evening, Cliff. Will you be recording?

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>> Yes, I will. Thank you very much. >> We'll do a quick roll call of those present. >> Good evening. Alvin Allen, >> Jessica Thoren, planning board chair. >> Dave Spina, vice chair. >> Diane Jazba, member. >> Jason Gwald, member.

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>> Marcus Phelps, member. one associate member. >> First thing on our agenda is a town planner report. Okay, for the town plans report, I have a couple items um both sort of relating to each other, but um the moratorum that

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was u approved by exile meeting back in January for large scale solar voltaic systems uh was denied by the AG's office and um so sooner than later, but we'll we'll craft

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some new language uh for that particular section of our our ordinance. Um, and I'm told that we'll receive some language from the state, um, like a template of some sort, um, that we can incorporate into our our our ordinance. So, I'm waiting on that information.

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Uh, secondly, um, there was an application that I received uh, today. Well, I didn't receive, well, it it came to the town through our permodize permitting software for a zero Hudson drive. Uh, they are actually um, proposing a new solar array. Um, I have

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not seen the plans. there were no no plants attached. So, I couldn't tell you exactly where or to what scale. Um, but just given that the amount of dollars that are um attached to this, I would assume that it's a large scale um solar array. So, uh again, I'll wait to uh see

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those plans when they come in and then I'll I'll review it and get it to you guys. So, uh that is all for the town plans report. >> Yep. 702. Next on the agenda is public comment. Is there anyone present or

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online who has a public comment on something that is not already listed elsewhere on the agenda? Not in person and not online. It's only 7:03. So we cannot start our first public hearing. But uh did everybody have a chance to look at the

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meeting minutes for April 7th? Yes, we just uh just a few moments ago, which I had uh Mr. Allen add just quick note

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to the Junifer Road item. Just wanted to add that the board discussed the potential waiverss for the balloon test and set back the funds in accordance with particular portion of our bylaw that allows us to do that. Right. Um with that change, do I hear a

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motion to approve the meeting minutes for April 7th? >> Dinner. So moved. >> Second. >> Jwald second. Roll call vote. Jessica Thor and I. Dave Spy, >> safe. >> Jason, >> Marcus Phelps. >> I

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thank you. >> At 70:04, we can go to the continued public hearing for 6 South Lumis Street on a request to modify an estate law and common driveway special permit, site plan approval, and storm water management special permit for applicant Vladimir Vickles.

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So for this particular matter, we did receive back uh from time bond a pair reviews uh which I had sent to the uh the property owner as well as their uh representatives uh ourbec associates. So we have to give them some time to

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respond. They they you know didn't have time for this particular meeting. So they're hoping to get on for the next meeting which is uh our next meeting is March. I'm sorry. May >> for for our next meeting on May 5th. So um at that so they've essentially asked

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for requested a continuence. >> Okay. And do I hear a motion to continue the public hearing for 6 South Street to 7:04 p.m. May 5th? >> Dave Spina. So moved. >> Diane Jesba. Second. >> Call vote. Jessica Thor and I. >> Dave Spina. I

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>> Diane Jesba. I just >> Marcus Phelps. Yes. Thank you. >> Right. 7:05. We have the continued public hearing for 20 Juniper Road for a request for a new wireless communications facility special permit

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and site planal at the fantasy town of Southwest. Stay there for Good evening, John. If you could give your name >> for the record. >> Steve Parmont Communications. Richard, fire chief of Southwick. Michael Gerard,

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Southwick Police. >> Good evening, guys. >> Good evening. >> Who wants to tell me what's happened over the past couple weeks? >> I'll start. >> You'll start. >> I'll start. Um, so, uh, I spoke with Mr. Wall-E over the

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phone and explained, uh, what the circumstances were regarding the antenna and what the proposed site was and what the impact would be um, on his abuing property. And I said, if I were to send you a letter explaining what we're

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doing, but also emphasizing the the time constraint here. Um, and before I could finish, he could send me a letter. I I'll sign it. So he fully understood what we were doing. Hasn't a butter already been notified of the project. So he was all versed on what was happening. So um I did finally um I I also joined

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up with um Ed Chapel site surveyor um from Turkey Chapel and White and uh we went out and did a quick site tour. Um did a lay of the land. Um we discovered a couple of things that were helpful in

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plotting what we were looking to do. So Ed then went ahead and put together the plot which you have there which shows the proposed um arc of the 100 foot radius that we determined was a little bit more than what was required in the 75 ft. Um so that I had that to present

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to Mr. Wallally. So um I sent that down along with the letter um I received the letter back with his signature which you have a copy of um giving us permission to go ahead. he understands if there will be some more um legal ease and some other documentation that comes along with the easement that's proposed. Um

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and we're just kind of waiting at this point right now to see what happens next if you hear a different meeting. So that part you're updated with if there's other antenna information from Mike or or from Steve I guess

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that might be pertinent but that's what we know so far to this point. Um, I think that Mr. Allen and I were kind of kept a breast of that situation as it was happening and moving forward. Um, so I hope that it would stay moving forward in that direction. I'm happy to

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hear that Mr. Wallally was on board with the project. I expected these would be. I'm also happy to see a slightly extended ball radius given. Um, I think what we are just waiting on, we have just reached out to the CAO and folks to

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receive back a firm letter of confirmation from council that we have the right paperwork so that our issued decision doesn't curtail whoever the future homeowner is or future land owner

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if it is no longer Mr. Wall-E doing business as Jay does. >> Right. So, is this is the easement enough? Does that cover us? And if yes, if so, great. I don't think anybody from the planning board has any other

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follow-up questions or concerns at this time. I think speak. Is that correct, Mr. Phelps? >> Oh, correct. >> Yes. >> So, I think that we were hoping to get an answer back from Nicole today, but she was not available to us. Mhm.

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>> Um, with that all in mind, I am prepared to continue this to the next meeting with the anticipation of closing it and having a decision at the next meeting to approve as a board and sign off. >> Okay.

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Two points. Yeah, I certainly understand your concern and I did address it with the land surveyor who's preparing the easement agreements. >> Okay. um the easement would be written in perpetuity as all easements are. And typically a change of ownership does not

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erase the easement. >> It could be something that a landowner could protest, but I don't know given the fact that it would be historic in nature that it would be accepted by by any court magistrate that would hear something like this. So that's my understanding of it. Okay. And I also on

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second point I want to re reiterate the the cost to the community should this not be completed under a grant. Okay. We're it's a $500,000 project roughly somewhere there and the town has already put forth $220,000. The rest comes from

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a grant which has a June 30th deadline on it. So the tower needs to be up by then. I don't think it fair to ask the contractor who's committed to this project to say wait another two weeks till we give you permission to do this. If there is any way that we could structure a vote tonight that says we

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agree in kind that this project can move forward. All right, with a one stipulation that it would be an immediate cease and desist if a letter came back from an attorney advising that this was not the way to go. I think that that would be a better forward action and I'm not sure how you could work that

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out, but that really is kind of the precipice that we're at right now. It's it's imperative that we start this project as soon as >> I hear all that. Um I just I wish that the project had come before us without forcing our hand with

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>> that sort of deadline. And I understand that, you know, it's the ball has been pinging back and forth and If the rema remainder of the board would be in agreement with that, if my town planner would feel comfortable with

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us closing and doing a vote ahead of time prior to having a written decision before us, which is not typically your mode of operande around here, um then I will consider it and take that into

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And >> that's next week. >> Not much prog to be made in a week, >> but still important progress. I get that. So I don't think there's a lot of it's for the

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>> appeal. >> Can I make this suggestion? >> Let's say the letter shows up tomorrow >> and would you call a special meeting for this one issue? No, >> I couldn't make it happen with my

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schedule, unfortunately. And I don't know that I would ask that of the other board members, but um >> be open to some kind of vote to I don't know what you want to call it, recede >> risk. Yeah,

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>> that yeah risk. I think we want to take that risk >> potential that it could get shut down. >> It's pretty straightforward. I would go along with that too. >> Yeah, we can say contingent upon

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>> confirmation >> approval of weather. >> We would move contingent upon securing and I think that would also be in the special permit one of the conditions that the uh it would be filed. I mean we

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have to have this easement or whatever it is >> filed. So that would be one of the >> that's a normal condition that we >> standards >> and I would it would be part of a decision issued next week would reference a way you know an easement to

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be filed that's not going to happen in the next seven days right um so it just because it's out of the order of this board to close a hearing and then vote on a decision that is not in front of us if we want to vote to approve

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>> the application for this WCT on the condition that we receive confirmation from an attorney that the proper paperwork on an easement be filed. I mean >> well we have a decision of the next meeting

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>> and then we'll have a decision >> decision at the next meeting >> officially. Yeah. >> Yeah. Let us start moving forward for the next couple weeks week. I think it's working >> given the grant. I think it's important to do that. >> Mr. Allen, do you have any concerns with

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how the board is proceeding? >> Confident. >> All right. Um, at the risk of angering the fire chief. >> I would do that. >> You could be angry at me. I wouldn't do anything. I didn't wouldn't think it's

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anybody. But um with the endorsement of my fellow board members um do I hear a motion to close the public hearing for 20 Juniper vote? >> Dave Spina moved. >> Dian Ja second.

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>> Call vote. Just an eye. >> Disputer. I >> Jason Gald. I >> Marcus Felts. I >> can't vote. >> Yeah. >> Yes. >> It's okay. We have four. >> We still have a four. >> We still have four.

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>> Okay. But because Miss JSBA has not been able to get her mail in forming to cover missing the last meeting, she didn't get to she won't be participating in the upcoming vote that we take here. >> But you'll be able to vote on the

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decision >> exactly >> next week once that form comes in. >> I should have done it before. >> So, let's craft my language here. Okay. Do I hear a motion to grant an approval for a wireless communications facility

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special permit and site plan approval for 20 Juniper Road as discussed, including the condition that a letter confirming the easement documentation and appropriateness is

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provided by council >> including or contingent on? Contingent on >> yeah uh >> D he has yeah so moved >> Jason Gwald second roll call vote Jessica Thornton I >> Dina I >> Jason Gwald I >> Marcus Phelps

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>> I thank you and I know we we put you under the pressure and I appreciate you understanding the urgency of this and working with us >> if if not for the safety of the town >> and and all of the financial

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>> trouble that would with it. I would not move that that >> understood. Understood. And I appreciate the uh the understanding. Thank you. >> Thank you very much. Thank you. >> Next on the agenda, we have a new public hearing.

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I'll read the notice into the record. Notice is hereby given in accordance with the provisions of master law chapter 48A section 11 and the town of South bylaws that the planning board will hold a hybrid public hearing on Tuesday, April 28th, 2026 at 7:10 p.m.

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online via Zoom and at the town hall on an application by Kenneth Egleston for a special permit amendment request and site plant approval for the property located at 141 Condomin Road business and residential 20. property is shown on

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assessor's map 149 parcel 001. The applicant proposes to amend an existing special permit wellhead protection district permit and site plan approval to request converting all available marina boat slips in accordance with the accepted zoning

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bylaws chapters 185 sections 9 10 13 16 22 28 and 30. The zoom meeting information is listed. Copy of the application may be inspected by contacting Alden Allen, the town planner at exponent email. Any

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person interested or wishing to be heard on the matter should appear at the time and designated Jessica and chairperson Southwood planning board. Nobody for the application want to come up. Good evening.

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>> Hello. Hello. Ben Egleston 141 Congro. >> All right. Hello again. >> Hello again. >> That's me. >> Your show. >> I don't know. Has everybody had a copy of the letter that I sent? >> Yeah. But the situation is that and I

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appreciate the fact that I have 24 roundups, but it doesn't look as if the restaurant is going to open this season, leaving 16 slips just sitting there unused. And without the restaurant open as well, it greatly affects

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the profitability of the property. um to me as well. Um I'm asking for this special thing to happen for this season only. I've got 19 people who want 16 slips

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waiting baited breath to rent them with and they all understand that it would be a one season thing because we're waiting for the liquor commission to approve our liquor license that we had that was

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taken away that we I applied for on January 3rd and uh we don't have it yet. I did get a letter um end of last week from our uh town um Margaret I'm sorry what she the

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assistant to Nicole Parker um saying from the ABCC that it looked like it's in the final hands and it looked like it's close to coming. >> Okay, >> but close to coming doesn't I've heard that before. I heard it was

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also only supposed to take 30 days. state was supposed to reply in 30 days. They've had it since early March and we're going on 50 days. Um, if I can't open that restaurant, if I don't have a liquor license by like

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Friday, I can't get anybody to come in there and open the place up for like May 15th to be ready for the season. Um, I do have somebody who has rented the breakfast area. So, that is going to bring some people

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to the restaurant. Not to the restaurant, but to the breakfast area. Um, but I think I outlined as well that um the breakfast area is not going to use um very many parking spaces, but there are still going to be

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um plenty. How many? That's the leaves of 40 40 available parking spaces to take care of the breakfast space. And I'm asking for you to approve the 16 additional rental slips to be

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used during the season, summer season. for members. >> What's the occupancy in the breakfast bus? >> I don't know the exact number on that, but I would guess 25. >> Okay.

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>> Um, not much. And and there's there's availability for as many as 75 to 85 people. >> 25. I >> occupancy >> occupancy in the breakfast area I would say is 25ish

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>> I mean there aren't 25 chairs in there >> with tables >> but very big >> should have more time >> we looked up a few things about square footage and what that space

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and what I read 25 would be 26 would be the number actually. So I'm saying 25 to 30. That doesn't include what might happen on the outside of the building. Um there's a deck area outside that

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practice area as well. Mr. >> This map here >> the red area is the proposed new >> the proposed additional >> additional priorities to be assigned to the rental subs I'll call it that

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>> yes >> the 12 that go like this like the L shape those are the ones that are going are already marked off >> for the 24 that have been approved. >> The others I'm choosing to be in that area. I'm not using the handicap.

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>> We having that available. >> We have a I think they're they're marked, right? They're marked. They're saying, "Hey, rental slip >> at the moment. Only the 12 on the perimeter are right." >> Um I don't know how I would mark the >> other ones. >> Six in the middle. Yeah,

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>> it'd be very easy to mark the other two next to the railings. Um I I don't know that I would mark those. I don't know that it's necessary to mark them if I'm not going to have a crowds and crowds.

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Well, now the hope would be that your liquor license would come in at some point in time soon. And then you would presume to want to open up the restaurant as soon as possible. And then what if it's July and you found somebody

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ready and raring to go and open up Fourth of July weekend, but you've already sold out your spaces, >> right? So for me, this is a special permit for a restaurant with an accessory marina use. This

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>> Yes, that is what it is. It is a special you have a special permit for a restaurant operating in a pre-existing non-conforming building that you came in and asked for a modification to allow

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for an accessory marina use to the restaurant use. You have a special permit for a restaurant with an accessory marina use. And the intention of that at the very beginning was to have at least half of those boat slips

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utilized for the usage of the restaurant. Right. Not for a marine >> based based on the occupancy of the restaurant. Yes. Um well that's what you the special permit was asked for was for the that's how the marina got introduced

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as an accessory usage because other restaurants within the community have dock slips adjacent to it that people serve food to. Right. This act, whether temporary or not,

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makes it to me that this becomes a marina with a potential accessory restaurant use if Mr. Egleston can get somebody in there. No longer a special permit for a restaurant with an accessory marine. >> I never knew that the restaurant was

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there under a special permit. There was always a restaurant there. the special permit was I thought >> the building itself is a create system non-conforming bill doesn't meet code >> and so anytime that you were to if you

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stopped the use of the restaurant for more than two years prior I think it was or maybe even a year prior >> people you'd have to come in before us and show why this special permit should continue.

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What makes it a special permit or a pre pre-existing special permit? It's been a restaurant for 40 years. >> It's a >> on a property that is not conforming. >> The use, right? So, the use is allowed in the business zone, but the building

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itself no longer meets code. >> It's no longer up to the town south of bylaws. It's a pre-existing non buildings, right? So anytime it gets changed or special permit changes hand it needed to continue in its use I have a couple of the exist prior decisions

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here that indicate fast that was my understanding and that's backed up there >> I don't know how the building itself doesn't meet >> it's too close to the water and it does it's too close also I think to the 141

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excuse me 141 to Kangaman road itself the setbacks aren't ground for what it would currently be. If you were to build, if you raise the building down and build a new building there, it would have to be in different locations. It wouldn't be the size of it. >> I think the building is 50 ft from the

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water. Not the decking, but the >> I don't know what the exact requirements are. I'm not prepared to argue those with you. I just know that this is the existing state of it. It's a But even still, it's a restaurant. >> I want it to be a restaurant

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>> with an accessory arena use. the proposal that you're given us, the reason that you're given us, and what I can extrapolate out from that is that this then becomes Mr. Egleston's marina with a potential restaurant use if we

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can get somebody in there. >> That is correct. >> All right. My concern is that if you do get somebody into the restaurant, and I respect the fact that you're you're trying to do this for, you know, to maintain that profit, and I I totally

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respect that, but if you were to get a restaurant, your liquor license in a restaurant in there, then that parking becomes a big issue. >> Well, I think I think you're misunderstanding. If I don't have that liquor license by Friday and I'm or or if I get it between now

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and May 15th and I can't open May 15th, it's not going to open for the summer. The person that I have in the breakfast spot is the person who wants to take over the whole restaurant. He's still going to be using the kitchen, >> but he's not going to be using that part

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of the restaurant to serve people. >> Mhm. >> Because he we won't have the liquor license to be able to do that. It doesn't make sense to open up a restaurant for food if we don't have a liquor license, >> nor can he afford to pay the rent. And I can't afford to keep the building going

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if I don't have some income from it. Mhm. >> kind of, you know, >> I mean, the liquor license is not really our purview. That's kind of on you to have those things ready and available. >> Yeah. And I did what I was supposed to do to do it. Um, the town took it away.

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And the commission doesn't understand why the town took it away. I understand why the town took it away, but they don't. And they're whatever. Mhm. >> It's it's a big it's a big hell of au

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and catch22 and so on and so forth, but I'm here to ask for I'm not even if you approved it, I'm not even saying it's going to happen because I want the restaurant to open and I'm expecting it any day.

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>> You're expecting it any day, but also have nice people waiting in line for >> Yeah, I want it in my back pocket so that I know what I what to do. I the decisions got to be made. But in answer to your question, >> yeah, >> Diane, it's not >> if I get that liquor license Memorial

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Day >> and I've got the Swiss rent Swiss rented, I won't open the restaurant. >> Okay. Cuz then Yeah, cuz if you were to approve it and then the restaurant had open. >> Yeah, that my two Oops. Too bad. >> But I don't think And the person renting

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it also doesn't think. And I I wish I could have gone here to explain, but he he says if he misses like Memorial Day, then he's missed a third of the business already. You know, Memorial, you got Memorial Day, Labor Day, Fourth of July. >> Oh, yeah. Those are big ones.

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>> When you try to do things in between, >> big ones. Yeah. >> He will open it next winter though if the license comes. >> Well, that's that's interesting that he wouldn't be interested in two of the more profitable weekends. >> Yeah. But in in lie of opening up in the wintertime

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to be able to expand the restaurant and the seating to a certain size to hopefully maybe establish a successful restaurant >> that maybe would then lose seating again come summertime if you expanded this

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out. >> Why would we lose seating again in summertime? I I'm just, you know, you're asking for us to do this now for this season and that you wouldn't allow the change of the restaurant in the middle

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of that, right? Because you've already given out your slips and your parking for that for this season. You you're saying the restaurant tour is okay and happy to wave off the potential income from July 4th and the potential

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income from Labor Day on the opaces of well I'll just open up come fall or winter. >> Yes. Because because he and I have made a rental agreement on what that would be. If he's going to open up in the summertime, the rent is, you know, double what the rent would be for him to

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carry through the winter to try and establish his business. But I would at least be getting some rent. You know, it's one thing I don't haven't called it. What's the nature of the the breakfast area? I'm not familiar with that. What I

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mean, what is is it place are people do people do you serve breakfast? People actually come in and sit down and eat or is it like >> Yeah, you weren't familiar. What was your last >> a place called The Drift was in there before? They served breakfast and lunch. >> Okay. >> Um this place isn't open yet. He's he's

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just getting in and out cleaning things up and getting ready. He hasn't gotten all the inspections that he needs, all the health inspections or whatever. He's been in touch with the building department. He's been in touch with the health department and um and fire department and they've all, you know, walk through and understand what's going

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on. But it's serving breakfast and lunches. Um and then once he gets going, people will know him. They'll know his food and whatever. He's hoping to will open up year round.

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But it but I'm not the person who I'm not the kind of person who's going to sit here and tell you that, oh, liquor license came in, I rented all these slips, open the restaurant. I won't come. That's not what I'm saying. It's a one-year special special permit, so to

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speak, to allow me the opportunity to collect $40 extra thousand because I'm going to lose because I'm going to lose $100,000 by not renting the building out for a year.

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>> I don't know how I feel about the board being responsible for business owners income. I don't know that that's >> No, you're not. It's just that's the reason for the request. >> I don't think I'm asking for something that is illegal in any way. The state

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has no problem with what I'm asking for. They approved a chapter 91 license for 49 rental slips on the property. It was the select >> and we approved an accessory marine and use for the rest. Uh, I don't know about

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that accessory, but I don't understand what that means. It was >> It means it wasn't a marina. It means it was a restaurant. And you came in and asked, "Can I make it a marina?" And we said, "You can have an accessory use to the restaurant marine." >> Says accessory use as a marina

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somewhere. >> I don't I don't think I've ever read that or saw that. >> Supposedly, >> you bought a restaurant and then you asked for a marina. That that's an accessory use to what you bought. and said you were going to open and operate and now we're in we're here a few years

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later and it's n I can't I can't make a restaurant make a go of it. So let's let's turn this into a full-blown marina. >> I could show you my purchase and sale agreement that said that I bought a restaurant with a marina. >> Guess what? There was no marina

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>> because Joe because Joe Scaderi never finalized all of the legal jargon that he needed to do. But yeah, he had he had boats out there and never came to you guys asking for permission and >> look where that got him. >> Well, I know where that guy got.

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>> Okay, then. So that's not >> compare that. Right. >> I'm just saying that I was told that there was a marina when I bought it. When I paid the money out >> special permit then I Yeah. And what you've come in for and asked to have modified

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quite recently was that um >> and I'm asking you to increase the previous one with the understanding that um or the knowledge that the restaurant itself won't open and hopefully this is all for nothing. Hopefully the restaurant will open.

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Believe me, that's what we want. I apologize for being confused. >> The breakfast place Yes. is a restaurant in my mind or not. >> Yeah, it is. >> Okay. >> And but it's gonna maybe expand to a bigger restaurant. >> No, this restaurant or is this other thing that we're calling a restaurant a

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separate thing from the breakfast place? >> Yes, >> it's two restaurants. >> Two restaurants. >> That's the way it used to be as well. >> Separated. >> So, separate two fusion restaurant, also known as Lake View Tavern, was on the larger side of the and all took everything to compost. The left hand

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side is a smaller sitdown area. Smaller than >> it's small >> this part of the room. >> It's like a quarter to >> Yeah, it's small. >> It's it's 1,000 square ft on a 7,500 square foot whoever build it.

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>> It's very small. It just again it's taking away it from being an accessory used to a restaurant. >> Yeah. I guess in my mind I'm thinking there is a restaurant operating there. Small one, right? >> A small one.

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>> A small one. >> That's the primary use. >> That's supposed to be the primary supposed >> and the addition of the slips. It's just a hey, while I'm here and then have a few extra more than >> we want people to come in and eat from >> Yes. >> the docks.

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>> Oh, by the way, I have a few extra spots. How about if I rent them out? >> How about I rent them out? >> There you go. >> It's kind of conversation. At least my recollection. >> And but there is a restaurant use going on,

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right? Um, >> I just it's to me it's a hamstring to the restaurant. You It's You're choking off the restaurant, >> the actual the main restaurant. >> Yeah. I mean, >> at least. Yes. >> And and I hear that it's a temporary

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thing, but I don't I don't know that I abide the understanding that somebody is going to expand their business in the fall and winter time with, >> you know, and then maybe shrink down again come summer. >> No, that should come summer. >> Mhm. No, no. Next summer wide open.

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No, no rental next summer for the 16 additional that I'm asking for. It's a one season. >> Yeah, certainly if or even because it would be just like some kind of language of one season only. I don't know how you'd write that. I also do not know how you would write anything that gives you the option to switch back and forth in

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case you get a liquid. I yeah, I kind of feel like it's almost premature because what if you do get the liquor license and that's really what you want to >> then I take what you guys have approved or or whatever and ignore it.

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>> You ask we're we're not here to make like 10 different options and because you our our thing is long-term planning and land use, right? And in my mind, this is creating an environment where

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you know, oh, this worked out pretty good for me this past season, just having a breakfast nook and a full-blown marina. I'm not going to work so hard come wintertime to get a full restaurant tour in here. And then then you're back here again next April saying, "Ah, I couldn't get a restaurant tour here for

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the summer. I want to use my 40 slips again as only rental slips." And that to me is a subversion of this the special permit and the reason this building is here and the land use of what it's granted them. So, I'm hesitant on it. And >> so, next year I come to you with that

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request and you say, "Absolutely not. You gave We gave you a one-year permit. That's it. >> I told you two months ago, don't come back and bother us again." And yet, here you were a week later um in the office making an application. So, >> I wanted I wanted to do it the last time I was here, but Alvin said that I missed it by a day.

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But in the paperwork, I was here when I was asking for the additional to go to 24. As far as I'm saying that he he wanted to come to the last planning board meeting. The only issue with that is that I held it off because he still had his last um approval. Correct.

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>> Additional selection. >> The last work we still did was still being still in within the 20-day appeal process. >> I mean, I kind of d I think maybe it's premature. give you a couple weeks or so to figure out if you're going to get your liquor license or not. Get a

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definite path forward one way or the other. >> Well, I know I mean I maybe consider one season thing, but I understand your concerns and reservations. Absolutely. >> Leaning toward a special permit for

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Marina accessory restaurant. >> Yeah, if we can get >> Yeah. Anyone else help? Anyone else on my side or understand what I'm trying to do and say? >> Um, falling on your side. I I would like I I think I'd be amendable to a year

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with a clock on it. Um, I think if we don't have liquor license, then it's going to be hard to generate cash flow from that side of the business. I I hear where you're coming, but I think uh I would be amendable to a clock for a year. And if we're not going to open up that side of the business, then can use the

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>> We got a bigger problem. um if that business opens, then you're not going to have the seating. So, you're not going to be able to own the business. So, it's going to have to be a contingency and the special permit applicable to that. >> I'm confident that a liquor license is coming, which makes me 100% confident

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that I have no problem running that building and having somebody in there to operate it next summer. It's a liquor license that I don't have that is is manageable. You got to have a liquor license to have a restaurant of that size. And

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if I had it, I wouldn't be here. And if I get it, I'm not going to do anything with this until May 15th in terms of getting people in the slips. But I got to talk to everybody. I got to get it in the works. I I can't wait two weeks or whatever to

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get it done. That's why I'm here now. That's why it was important to be here now. >> You should pick one or the other. We post a meeting take a vote now and and I've seen it done. I never thought I'd ever see that done.

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I'm like that >> take a long-term approach to this >> and there may be a way based on some past experience the board has had that uh and I don't know if it's possible if

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the size of the restaurant could be reduced in square footage because you're needing six spaces. So what impact is that going to have if

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those are permanently committed >> permanently committed >> the spa the parking spaces that it's not just for this season this is going to be >> right >> well >> this is going to be the decision >> it's not what's being asked

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>> permanent yeah if you're talking >> permanently it would affect because >> the restaurant the main restaurant would require 10 personnel to operate it, which takes up 10 parking spaces. We're saying that this only would only take

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five personnel take up five parking spaces. Those five parking spaces is 20 people for the restaurant, four four to each one, and that would have a tremendous bearing if they would. Well, there's no way you can adjust the

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square footage available in the restaurant to offset >> those six parking spaces. >> Well, I mean, no. >> Well, we are we are physically doing

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that because we're not using the main portion of the restaurant. >> No, no. I mean, this is for a long term, >> not not just for this season, so to speak. >> Yeah. But I think that starts getting even more toward a a marina with an accessory restaurant use which I think

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>> no different kind of I think the realm of the question my you know my concern is that yeah we're playing here and finagling the good thing what happens if in the middle of the summer the state comes and says we need those 11 parking spaces on now

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>> that's not a problem >> it's not >> I don't need those 11 spaces >> or to operate the breakfast nook and to have a 40 space marine. No, >> no, those are completely taken out of your calculations that you presented to us. >> Not out of my calculations, but if you look at the calculations, it leaves me

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if I use them an accuracy calculation indicates that I can now hold 75 to 85 people in the building. I don't need that accuracy. I told you the accuracy is like 25. >> So that's that frees up let's say that frees up 50 people. That's 12 and a half

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parking spaces. That's >> then I have to ask them. >> No. Now that would greatly affect me if the restaurant was open because that would reduce the occupancy of my restaurant if I lost those 11 people

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or those those 11 or 12 parking. Yeah, >> but right now at with the breakfast only that the loss of that parking doesn't affect the it affects the occupancy but it wouldn't affect the occupancy of just the breakfast area.

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>> Um well I I'm not inclined to close >> at and make a decision. Oh, no. I'm so I can't. Yeah, >> you know, >> I have a lot of questions about exactly

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the spaces because we keep throwing out numbers and we need to be more exact on it. Um, >> and then that doesn't even again address to me the actual ask of what we're doing

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and whether that is proper. >> Okay. Um, and I I hear Jason's consideration towards maybe doing a one season thing, but I think that's kind of like a slippery slope almost and

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makes sense. >> Yeah. >> Um, and I'd certainly need more time to think about it. Um, so I'm not inclined to close this evening and make a decision on this. So,

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>> you mean with that in mind, our next meeting is May 7th, >> 5th, excuse me, >> week from today. >> That's why we might be able to come up with a decision at that point. I don't I don't know. >> In my mind, it would be one way or the

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other. either you're going to get liquor license, you're going to go for a restaurant and stays as it is, or if you want to >> go the pursuit of the expanded for one season only marina. If you get the liquor license the next day, too bad. You're waiting till next year. That's the only way I would think it

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could go. >> So, then does he have to operate under the second special permit? >> Yeah, right. That's we're gonna Well, you can array of special permits and pick which one you want to operate under. I don't think it can work that way, right? >> Well, by next Tuesday, I should know the

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answer to that. But that's why I wanted to bring it against here. Like I say, if I don't have this, if I don't have the license by Friday, it then it becomes a day-to-day decision type of thing to figure out what, you know, what can

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be done. But I I promise you that if I get these lips, whether I get the liquor license or not, on May 15th or May 30th or whatever, I won't open the restaurant.

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What I may do is use the liquor license, but I won't open the restaurant. >> Yeah, you'll blame Mary at the breakfast giant. Hey, it is what it is. >> They could. Yeah. >> Yes. Mimosa. >> I get that.

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Spice coffee breakfast area is meant to be coffee. >> I liked the drift. I was surprised it closed >> because the building because the big portion of the restaurant we competed all winter. Okay. >> So, we had to make a decision. >> We drove about it. >> It was a great It was good. I want to

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point out that each public hearing that comes before this board is not the time spent is not just spent here at our public hearing. It's time spent in

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>> office by our support staff, especially Mr. Allen. So, I don't necessarily like this idea of where we're going to draft potentially a decision that may or may not get used or we're be we're being asked to

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potentially cover um the mistake whoever it may made that didn't have a liquor license in hand in time to like I I'm a little resentful of that to to be honest. Um, but that doesn't is not going to affect

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my decision as I make it. But it you need to understand that that means that Mr. Allen needs to confer with our town council and make sure that what decision we do draft as it would be a very special type decision in this case where

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we're allowing a one-year thing of something very special and very specific already of a modification already to a special permit that is in existence with an accessory use attached to it. >> Um, >> good thing that's been good thing that's been recorded. That those are the

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perfect words for it. The special special of the special. Yeah. Like, so that isn't something that we we're just going to do willy-nilly and we're not going to do it based upon unfortunately your timeline. It's the timeline of whether or not my support staff gets the support they need and get the answers

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that we need in order for us to be able to craft a decision that we would then be able to vote on. >> So, uh, I'm going to say we're going to continue this to the next meeting would be my expectation. I would have time here for public comment and input. Um,

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but I I wouldn't bank on a decision being drafted and executed next week either unless we get immediate town council input otherwise. >> Um, so >> if there's any questions in the week

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that I can answer, >> you know, call me. Don't wait until next week to >> of course >> for me to show up. Well, >> um, with that in mind, are there any town staff or town officials in the audience or online that have a public

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comment on this hearing? >> We do have written comments from DBW G. >> Great. Do we have those? >> Yeah, they're at the back of the packet. See a letter from John Goddard, our assistant director of DW.

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Morning, Alvin. Rich Prosac and I are familiar with the request through prior coordination with you and observe that the pros change but theoretically results in the due recent traffic to the site. However, we also observe that parking capacity for this facility has historically been an issue that has spilled over into the streets and

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elsewhere. DPW recommends that adequate assurances or building changes be established should this application move towards approval. As previously noted, DPW suggests that landscaping and site improvements be brought into compliance with prior approval. So, that hasn't been done yet. >> I have no idea. Of course, it has.

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>> Yes, there's nothing out of >> outside of the dumpster area. Everything is enclosed. >> Those items are not there any longer. The >> everything else is enclosed is what you're saying. Everything should be enclosed. Is that

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>> There's nothing there right now to be enclosed. There's no there's no u oil waste thing that was removed when I was told to remove it. There's no dumpster there at the moment that normally goes in the enclosed area. >> Do you know what landscaping requirements you speaking? >> No, I do not. I

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>> ask for clarification on that, >> please. That would be the only thing I would question. >> And then um from the fire department, from fire chief Richard Stfanoitz, good morning Alvin. The fire department does not have any concerns or input on the request for 141 condom at this time.

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Right? >> All right. Any public comments on this application either here or in person? >> My name is Kurt Saunders Marina adjacent to this complex. Um I understand what

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Mr. Egleston is trying to do because come again come up on this Friday. tax lady down here in the end is going to want her tax funded. And I realized that you're concerned or anything like that, but he is just trying to run a

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business trying really hard. So, I didn't really see an issue. I understand your comments during the meeting about what you're doing, but uh whatever you did would have to be for a one season deal. And secondly, just so you know, um

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we waited over 4 months for an approval from the ABC for liquor license. So I don't see Mr. Egleston getting a liquor license for this summer based on notorious fact that laying on the ABC. >> You said that it sent it in in January.

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Is that correct? >> I gave it to the town in January. I believe the select board didn't vote on it. >> We did long. I took over to get approved from the state once this >> select board approved it. So >> I just want to let you know that I

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didn't have a problem with the fact that beans but and I understand all your comments his too about the gentleman there with the hat about trying to make his ends meet stuff like that. >> His parking concerns if he doesn't have a restaurant there he should have warm

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parking for his 16. So well thank you for your time. >> Thank you. >> Any other public comment here or online >> hearing and seeing none Mr. >> just to add the time frame on the liquid

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I I I was told at the last meeting in December to come into the office and apply on January 3rd which I did. That paperwork was finally approved on March 3 or there maybe a few days before March

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3rd by the time the select board at which time it was immediately submitted to the state and they supposedly were supposed to have 30 days. It's been two months and as Mr. said it could be another two

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months. But I, you know, I can't guess as to when it's going to be and I'm here because I can't bank on the fact that it's going to happen in the next week or two weeks when it could take two months, halfway through the summer. So,

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but I know when it's coming. I know there's no reason for them to refuse it. I've had four liquor licenses in my life and I've never done anything wrong with those and I won't do anything wrong here either. I will do what I say I'm going to do. >> My workers

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>> I'd love to find out what landscaping problem I have because nobody's brought it to my attention. The trash stuff um conservation sent me a couple letters on it >> and I told her that there were some bags out there that the trash was put in the bags and we're actually the dumpster is

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going in on the 30th. Must be going in on Thursday. So on Thursday, the dumpster is coming and then the bags that we've got accumulated will be going into the dumpster which will be in the enclosed gated area. >> That's what he's talking about is bags hanging out outside of the dumpster

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area. Maybe that's what >> Well, through their eyes because we're cleaning the place up. There's been a lot of cleaning going on. >> You ask for a public special permit. The DPW drive director drives by and sees trash all around instead of in the enclosure. That's maybe that's what they

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saw. Um, are there any other questions or comments from board members at this time? None. Okay. Then do I hear a motion to continue this public hearing to 7:10 p.m. on May 5th? >> Dave Spina. So moved.

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>> Diane Jba second. >> Roll call vote. Just vote and I. >> Dave Spina I. >> Diane Jazba. Hi Jason. >> Okay. Yeah, sure. >> My motion to 705. >> Yeah, sure.

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>> Yeah. So, we have a motion to amend. It's a motion to continue to make it to 7:05 p.m. on May 5th as moved by Mr. Spina, seconded by Miss Jezba. Roll call vote. Justice Gordon I. >> Dina I. >> Dia Chespa I. >> Trace Grunwald I.

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>> Marcus Phelps. Yes. >> Great. >> Thank you all. >> Thank you. >> Next on the agenda discussion items. First up is Noble Street Crossing subdivision planning board review and reevaluation. Subdivision infrastructure secure.

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>> Mr. Salt. >> He's sleeping. riveting positively riveting materials. >> Looks like you got some sun working on my t. >> Yeah, it's working. >> All right.

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>> Um, >> who are you? Let's start with that. >> Salt Marsh. >> Okay, Mr. your salt marsh. You've been sending us weekly reports. >> Yeah. Uh yeah, I started doing that and

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with the everything that we do during the week. Um we didn't do too much last week cuz I was on vacation. Um well starting we finished all the ling seed in all the open space areas

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the curb and that's all 100% um mass D came out met with us and um uh requested some additional information after the meeting Steve Selvin and Jeff Smith are working

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to give them that info um to try and get that wrapped But there's been lots of correspondence in between them uh Steve Seline and Jeff Smith. >> Would you characterize those comments

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and fixes as quick? >> Yeah. So there was like um like some language they wanted changed. Um they had to like update a part of the plan. They wanted um the the wetland plan or

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wetlands application. And then they wanted a copy of our original storm water permit >> which I pro I sent over to Jeff today. >> Um >> so there weren't any major concerns after this

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>> like a bunch of housekeeping items. Um, >> okay. >> I know that Tom had Tom from DP had he was had some questions about trying to shorten up the crossing um widthwise

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and we're exploring that option with Terry um to see if that was feasible. If not, Terry Zim had a letter to him stating his pattern by now.

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Um, and u starting sidewalk work this week. Um, that's projected to take the rest of this well the month of May and then we'll be off to the paving um

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to to pave up the the rest of the road. starting in June. >> Yep. >> Did you have anything to add to that? >> Oh, one other thing. Uh 30 dump trucks drove on the road through Friday through

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Monday all the way to Erica Brown's house or I forget her real last name, but that's her m Erica Brown. uh Rosel of Rosini,

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>> one of the residents's homes, you were able to provide dumpster service to those >> Yeah. >> farreaching areas of the street. >> Yeah. So, >> as opposed to what the prior resident had. >> Yeah. Dump trucks are able to drive.

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>> They were able to drive down the whole road safely. >> That's good. Hopefully the substructure is >> and I checked it out today and it it was still in place. >> Yeah, >> that's true.

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>> Yeah. One other things looking at um I did meet with the gentleman from Mass D along with our conservation agent Sabrina Fuller and I can confirm that they did have concerns about the length of the culvert and they were asking for it to be shortened. So therefore, Mr.

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work life's going to, you know, then cons make those considerations. >> Um, outside of that, the only other thing I had was a request for again >> Oh, yeah. I forgot to I talked to Bob Walker. Should have it in the end next week.

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>> Okay. >> I I meant to comment. >> That's for the CR. >> That's Yeah, transcript. >> Yep. just a deed deed um deed change.

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>> Um I will add uh for board members information as well for you Mr. thought Marsh after our last meeting um I took our residents concerns to the DPW director um an assistant director to just say hey fellas

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>> let's what do we got going on over there as we are receiving these reports of work being done we be a little bit more on top of making sure those things are happening and happening to a good

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standard in the interim while we wait for these bigger dollar items to be buttoned up and finished. Um, and they both agreed to do that and have over the past couple of weeks kept visual eye on the work that has been reported

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>> and will continue to do so going forward. >> All that any board member questions, comments and I understand you guys meeting tomorrow, right? DPW. >> Yes.

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>> Put it in your phone, honey. >> It is. >> I'm >> He's still on vacation. >> But again, long days. >> Yeah. >> Sorry. It's a long meeting for me. >> Well, then thank you very much. We will

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see you then at next week's meeting >> on the 5th. >> Is that next? Oh, next week. >> Yeah. because then we have a large break in the middle of May because of voting day and annual town meeting. >> Okay. All right. >> You'll get us at the beginning of the month and then at the end of it was

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wonderful. >> I know you're very excited about it. >> Thank you. >> Thank you. >> Next on the agenda, we have a replacement of existing signage for 233 South Lumis Street. Is there anybody for the application

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here or online? >> Uh, yes. This is Art with Belme Signs. Art Roadie. >> Good evening, Mr. Roadie. How are you? >> Not too bad. How are you? >> Great. Sorry to keep you waiting. >> No worries. It happens.

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>> Quick rundown of the project or the application in front of us. >> Sure. Um, I mean, it's very simple. We are replacing the existing um sign itself, not the frame with uh new

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graphics. They've uh re changed their name from Sodom Mountain Campground to Pioneer Valley Campground. And so we have been asked to simply replace both of those and leave the existing uh sign frame and base and everything in

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place. Can you tell me what the material is of the panel that's getting up there? >> Yep. The uh the panels are made out of the ACM, which is a aluminum composite

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um which is exactly what's up there. Um with a vinyl decal over it. >> And I'm pretty certain of the answer, but can you just confirm there's no lighting for this? >> That's correct. That's correct.

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quite familiar with this sign. >> Yeah. >> Yeah. You can see it from 100 miles away. >> Actually, when they set off fireworks, I can see those from my house. It's pretty fun. >> That's cool. >> Campground stuff. Yeah. I get to see it

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all. Um but I'm not so close that I can't vote on this. Are there any questions by board members? >> No. Is this >> I appreciate the uh name change. >> Yes. >> Yeah, I know. Huh.

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>> Is it Is it a onesided sign? >> It's two-sided. The existing sign is is two-sided and it just, you know, is is duplicating what's there except with the new graphics. >> Great.

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>> Then with no other questions, do you have any comments? >> All right. Then do I hear a motion for a positive recommendation for the replacement of existing signage at 233 South L Street? >> Dave Spina so moved.

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>> Diane Jazba second. >> Roll call vote. Just Thornton. I >> Dave Spina I. >> Diane Jba I. >> Jason Grimwald I. >> Marcus Phelps I. >> Great. Thank you very much Mr. Rod. Have a good evening. >> Okay. Thank you all. Yes.

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Next on the agenda is a review of plans not requiring approval under subdivision control law, otherwise known as a non-sub ANR plan for 67 subs. We have anybody in front of us speaking on the matter?

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>> Steve, >> I'm here. >> Good evening. Good evening. Oh, Mr. Salini, >> can you maybe speak up just a little bit? >> Oh, I'm sorry. I'm in Florida.

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>> Oh, might be you. >> Can you Can you hear me? Okay. >> It's in Jersey and we'll be able to hear you. That's safe. So, can you tell us a bit about what's in front of us, Mr. Savini? >> This is an ANR plan for a proposed dog

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park. and it has frontage on Hudson Drive extension. Sam West Road passes through the middle of it,

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but we're treating it as one parcel because the status of Sam West Road. Um, I believe it's still a valid road, although it's not, uh, passable, but

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that is just an construction problem, not a not a legal problem. So the lot the 32 acres has frontage on Budson Drive and if Sam West Road doesn't exist,

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ownership goes to the center. So it becomes one contiguous parcel anyway. So it's it's really just an ANR plan. I do have a note on there, note number three that says any development of the

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premises shown hereon or the remaining land of Tilcon Minerals Inc. partially shown here on must be approved by the appropriate town of Southwick boards of commissions i.e. building inspector, conservation commission, health

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department, planning board, etc. So what that does is mean it it it just says if there's any development beyond this it lets everybody know it has to go before a board or commission for

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approval. >> Okay. >> Other than that it's just a it's just an ANR plan. And I know there was a question about the special permit. I'll bring that up before you do. Please do.

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>> Yeah, because it's kind of complicated by a little bit. >> No, it doesn't actually. Um, a big misconception among planning board and assessors is when they see an ANR plan, they think that I just created or any surveyor just created a parcel of

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land and all we did was we created a map of a potential parcel of land. this. If you sign this tonight, which you probably will, you sign this tonight and it gets recorded in a registry of deeds tomorrow and the transaction never occurs,

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then this parcel doesn't exist. A a parcel, a plan creates the picture of what the parcel is going to be, but a deed actually is what creates the parcel. There are many ANR plans out there where people were going to carve a

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sliver of land off for their neighbor or do something and the transaction never occurred. There are there are lots of ANR plans that are recorded that never had a deed describing them. There was never a conveyance happening or whatever. So the ANR plans just sit in

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limbo inactive. So a a plan does not create a parcel of land. only the deed does. So when the transaction occurs, the buyer's attorney is going to do a title exam every they

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always do for their client. And that uh buyer's attorney is going to discover a lean on the property in the nature of a special permit. And that's when the special permit becomes an issue because it's a cloud on the it's a it's a cloud

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on the title. It has nothing to do with the ANR plan itself. So when this goes for a deed transfer, the special permit will have to be addressed uh one way or the other. But right now

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that's that's like one step ahead of where we are now. Right now we create an ANR plan so that the deed and the uh resolution can be worked out. Mr. Allen, can you

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confirm all of that information for board? >> Yes. So generally I can confirm um that the plan um it it it doesn't change ownership or or or

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it it it again they would have to to move forward with some sort of deed um action to um convey this parcel um of land from one property owner to another. um the ANRF

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plan it it conveys it on the map but it does not um convey ownership or or doesn't change. >> Yeah. Mhm. >> So if the board was to

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>> endorse >> Yes. Endorse. If the board were to endorse this ANR plan, it would not be running a foul of either the original 1983 special permit or the

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most recently I think adjusted special permit was 2022 when a separate portion of the Tilcon site was utilized for the solar array. That's correct. Okay.

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Okay, >> comment on that. Uh, specifically the solar array is on leased property. So there was never any subdivision of the till property to put in the solar

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array. They're leasing the property from Tilcon. My question is, is there a stipulation in the special permit that the special permit has to be modified to subdivide the land?

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Often we've had in the newer special permit decisions, we have sort of a boilerplate statement that says the land cannot be subdivided. Now, as Mr. Solvini saying this is not I guess the point in time where the land

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is actually being subdivided, but at some point that that's going to happen. >> But I'd like to know if because if that was an older special permit, we may not have had that >> uh condition. But I know in the

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>> one since 200 whatever four or whenever no whenever I was here as the planner that was pretty much a standard >> boilerplate statement we would put in all decisions at the very start.

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>> So I don't know if >> pulled those up. Yeah. and shared them um with CEO Parker to make sure council had their eyes on this as it is complicated um to make sure that we were doing this correctly.

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Um and in that research, yes, we have the 1983 special permit, but that special permit was modified and a new Earth excavation special permit was issued at the same time that we did the

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solar array special permit. So, it has been updated to more modern language. >> So, that clause is in there >> most likely. So the permit, special permit would have to be modified

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>> to carve out this acreage and then people should look ahead to how the board is going to issue a special permit for this use if there's in fact enough acreage in this particular area. Now,

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that's being designated to qualify if we have anything in our bylaws for a dog park. I don't know what what use it falls under.

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>> You know what I mean? >> Recreation of some sort. We're going to have to look >> in there >> because we do have in our bylaw uh something related to dogs, but I don't think it's a dog park.

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>> And I have a question about Sam West Road. Is it a road or isn't a road? Like if it's a road going straight through the parcel, then doesn't that divide it into two? >> It's not really there. >> It hasn't existed yet.

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>> No. But it's been conveyed at some point in the past on a plan that's sort of sort of been told is that it was conveyed on a plan that even though it doesn't technically exist, it it exists. >> It's a paper road.

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>> Yeah. So in the special permit modification to carve out this property, there should be some condition that states >> because that creates >> a right away would be granted. >> Yeah.

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>> Yeah. A rightaway would be granted, but they're getting their frontage for this ANR from Hudson Drive, which is which is adequate. >> But then you have that additional not road Well, I believe it is a road. It's just

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not in a >> but it can't be a pinion. It has to be like >> pardon. >> You believe but it's like on here that it is a road. So, I'm confused. >> Well, I haven't labeled as status

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unknown because we haven't had legal interpretation nor as a town as to the status of it. It was not discontinued by name. So therefore, it still is a road. It's just not in a state that you could

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develop off of because it's not constructed. When they did the gravel pit, they basically wiped out the road. There's plans. The original survey of Tilcon shows uh where that road was in 1962.

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So the road exists. It's not passable. And I'm not trying to claim it as road frontage. >> Understood. I think it just because >> we're but Telcan is buttoning up, right?

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And part of our charge of this parcel of land is to ensure that it's subdivided properly at the end of its usage, right? And that those plans come before us. And this is kind of like the first 1%

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of that particular what we've >> it's actually an ANR plan which means your purview is frontage area and access. So because the special permit is a cloud on the title it doesn't really affect your decision on the ANR process because

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your perview for an ANR frontage area and access which this plan has all three components. So, like I said, this plan, if it if the transaction never occurs, this plan just sits in cyerspace and nobody ever even knows it's there. If

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the if it does go forward, then the the attorneys have to reconcile the the the cloud that the special permit may or may not put on it. I don't know those details, but that becomes a a

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legal issue for the transfer of title of this parcel. Tonight, it's just an ANR plan with area frontage and access. >> So, I believe the board has I check on this, but I believe 60 days to act on the matter. So, in in that time frame, I

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can see if I can get legal counsel in regards to this matter. >> That would be great. we've already reached out and asked for it. Um, so hopefully we can have it for next week and we can just confirm

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and settle it for ourselves that and have our council's eye on it because again this is you know I understand it's not part of it Steve on paper but it is kind of the start of the process and it's being looked at

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kind of part and parcel right to use a phrase of that >> and we don't want to make a mistake. >> Yep. >> That's how they get. >> Um, so we are going to table this until next week >> when we have confirmation from legal

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counsel that we are free and clear to move on this and have it not affect the process going forward in a negative way because we don't want that for us and we don't want it for the applicant. >> Okay. Yeah. >> All right. Enjoy Florida always.

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>> Thank you. Bye. You too. Next up is routine business. We have the Greens of Sopic East subdivision, Honeybird Run, Silver Grass Lane, and 12 Pines Trail for the planning board's recommendation for street acceptance. >> So for this particular matter, um we did

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receive peer review from Titan Bond. Um and I did send it out to uh Mr. I believe Fiori um for his review and for him to comment. We have not received comment back as of yet. So >> and I kind took a quick look at that and

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it's kind of just references Silvergrass Lane as it is that all the other two roads were completely fine. It's just the one that had anything on it or did they misunderstand the charge of what they were looking at or I just want to make sure because it just seemed so strange that it just kept saying so

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there was no other mention of the other two. >> I I'll check on that. I'm not sure. >> Um and then we also saw from you the street acceptance timeline, right? As typically this happens and

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this planning board review of this matter would typically happen between 45 and 90 days before the annual town meeting we are currently at 14 or 21 right voting is then the annual town meeting

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so threat three um so again I don't I don't foresee this happening Um, at our last meeting you, the select board had asked for our response by the 15th and Lisa, we're going to have a

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response for you. Do you know if they are still pursuing potentially trying to get this on at the annual town meeting as a warrant where we're going to need to recommend against or >> I'm speaking to Nicole, I I believe she

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omitted this from uh the town meeting. >> Okay. So we no longer have that not that it was really a ticking time clock for us but kind of a shadow clock behind us is not we understand it's not running anymore. Okay. So all right very good

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>> and and the um the applicant understands that as well. >> Sorry Mr. F. All right. Next on the agenda is the MPC action items review of land use item 1.1

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and 1.2. to what we have in front of us. Unfortunately, the 1.1 references a temporary metan um as part of our answer and how it was

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achieved. So, I don't know if we you're going to still send a letter with that information on it. I think we need to modify this a little bit. Did anybody else have a chance to look at it? I mentioned that at the beginning of the

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meeting to Mr. Allen and he suggested that instead of saying additionally um we could say that the town of Southwick will utilize statecraftrafted language to address the ground limited >> uh solar arrays and best following the AG's denial of the town meeting approved

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moratorum. >> I like that. >> Yes. >> So this answers the action out of 1.1 performing the zoning diagnostics. done that. I'm starting that

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working on that. >> We're working on I mean we have a process in place to go through the holes. We're doing the whole building rewrite and everything like that. Kind of taking >> credit for the process. >> Yeah. >> Right. >> Yeah. I mean the first part of this was to perform a zoning diagnostic to

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examine and then decide what you're going to do. So we have done that and are actively refining and revising them >> including the facilitation of renewable energy raises. >> Yeah. >> Um with that addition and edit,

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is everybody happy for this action completion recap to move forward to the endp? >> Yeah. Do I hear a motion to ask the planning board sign off on this completion recap and send it over

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the MPC on chapter land use action item 1.1 >> as amended in our discussions here. >> See >> so moved. Thank you. So move second. >> Okay. Roll call vote. I J I Diane Jesper. I

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Marcus Phelps. Yes. And then the second item is in reference to the first one we just discussed and it's the considering public creation of additional committees to help with the prior action item. So

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you see here Mr. Brown has put together the information of the Pioneer Valley Planning Commission working group that we have and that in phase two we will be doing this as well >> and probably having subcommittees. So

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>> we have considered and done to some potential on here. So do I have any questions or concerns about this one? No. Then do I hear a motion to approve for the board chair to sign and forward

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this action item completion recap of land use action item 1.2 over to the MP >> DP second with all vote just for I >> D I just I wor I >> Marcus Phelps yes.

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Next is on the open space recreation plan review and comment kind of immediately following that the planning board member appointment to the open space recreation plan committee.

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Um members will recall that we had received request for information that we kind of started talking about it last week. Mr. Phelps sent over some thoughts on it and it appears that

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the select board has decided to move forward with creating an open space recreation plan committee to take what input we would give to them and work it out and create the new open space

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recreation plan. We don't have a finalized list of information to send over to them. And I think before that is done and as it's buttoned up, it should be buttoned up by the person who will be

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the planning board representative to the open space and recreation plan committee. Sure. I use the right um thing. So, do I have a volunteer? I think she's looking at you, Jason.

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>> Um, >> not at me. I know she's not looking. >> Absolutely. You know, Mr. Phelps would make a great resident member. >> Yeah. >> I mean, really, he's got to be done by December. I know he's not ready to give this up yet. Just saying. >> Love to do it.

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>> Say that again. >> I would love to do it. >> You would love to do it. >> Ecstatic. >> Had a full speech prepared. >> Good job. Then um what I will promise to you Jason is that between yourself and Mr. Allen and I will volunteer my time

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as well to kind of come in and button up this information so that you will be fully versed on what the planning board is prepared to do and to take that forward as the open spaces recreation plan is updated and edited and

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move forward. >> So I very much appreciate your volunteerism. Um, do I hear a motion to appoint Mr. Grunwald as the planning board representative to the open space recreation plan committee? >> Dave Spina so moved.

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>> Diane Jespa second. >> Roll call vote. Jessica Smith and I. >> Disp. >> Diane Jespa. I >> Jason I. >> Arus Phelps I. >> Wonderful. Thank you so much for that. Um,

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and you reject me and Mr. Allen and we'll find time. >> Yep. >> Roll it real quick. Then are there any late submitts? >> Okay, we already took care of the meeting minutes.

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Any board member and staff comments? >> No, no comments other than our next bill meeting on that. believe it's next week, Wednesday, May 6th. And we have um uh at our last meet or

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following our last meeting, we have sent out community surveys which I which I towards the end of your packets. >> Yes, >> it was printed in your most recent Southwoods and some people got a messy

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QR code. Um, so if you are one of those people or you have neighbors who say, "Yeah, I can't get this thing to work." Online, um, they can find it at both the town of Southwick uh, Facebook page as well as the Southwoods printing. They

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have it as a post there, too. So, um, share them with your friends and neighbors to get that information to us. And then is anybody planning on attending the annual town meeting?

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>> What is the date >> on the 12th? >> 19th 19th >> 19th >> 19th. >> It's a Tuesday. just I want to make sure that there is

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somebody that could potentially man the tables um to share the survey in printed form. That's are going to be our kind of our last push to get survey input if people haven't already seen it online or via the Southwoods. We'll just get a a

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handed copy. So, I know that myself and the other members of the working group are probably going to have to be in the room the whole evening. >> I can do it. >> That' be great. If you can't, no. Anything else? Empic. Uh, yep. We met

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last week. Um, mostly what we've been doing is, uh, approving completions or reviewing and approving completions. Um, there's a couple transfers going on on it. Um, and then there's still a few committees that we're chasing plans. >> We we have committee uh, boards and

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commissions or committees that still have not given you guys the projected. Yes. >> Completion and working dates. >> That's disappointing. >> You know, I I understand that as a board member and a board chair that it is very

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difficult to do all the work that is handed to us by our charge and sometimes it's difficult when we have additional stuff handed to us to do. But I think it is a matter of respect to the hours and

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time given by the many volunteers uh who gave their time and efforts to the master plan to at least review the items given to you and give back a simple timeline and have expected return date. Yeah, I don't think that that's

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too difficult to do. >> Very good. Uh anything else? Yeah. All right. Then with that, do I hear a motion to adjurnn? >> Diso moved. >> Jesus. Second. All in favor say I. >> I.

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>> Thank you very much.