right good evening welcome to this evening's meeting of the town of South planning board today is Tuesday March 11th and we are meeting here in person at the South Town Hall 454 College Highway we are also open to zoom participation online for Mass General law we are also recording this meeting
and we'll post it within the next couple of days online if you are also recording that is fine you just need to let us know hearing none I'm letting you know oh thank you cff all right Mr God Town planner report
thank you very much Madame chair all right uh want to let everybody know that we did have an interested party reach out um regarding the open planning board member position and Associate
member position as well I referred them to uh an intake form on the select board web page excellent let's see um as related to our the current makeup of the planning board um I did
share uh with the applicants representative uh for a grapes Tea House application that it was uh understood that a member would need to recuse themselves uh so having said that much that would not give them a path forward
there was no way to get an approval with only three eligible votes on that particular application um ens representative Mr salvini sent along an email requesting uh that the application
essentially be put on hold until uh sometime after the annual town meeting when optimistically we have some of the MD seats filled okay I recognize that that request doesn't quite give me everything
uh I think that we need I think we need to pick a date um might advise Mr Sven to make that happen over the start of the F scho year because I think the terms begin obviously I don't recall if the open roles would begin um immediately or if it wouldn't be
until once they are duly elected and then sworn in usually they do it like at the next week at the town meeting okay that's but if we are talking about a open position that does not get filled because I don't know that there's
another person ahead of time that's going to make it onto the May ballot at this point depending on how they come at it okay um if it's an associate member that gets appointed by the select board typically that rolles over July 1 but they can
appoint somebody up at any time once they are Incorporated and established as your last remark probably uh hits most squarely upon what I want Steve to clarify I don't mind if he want want that bump this out some point in the future but let's give them escape
hatch that if we have an eligible folks they can move forward their applications sooner okay uh anyway so that needs to come uh I appreciate the email um and saving trees and all that but I need to stem something with the town clerk in order to uh extend that time frame um
because essentially right now we have a a fee paid and an application in the ERS um so just want to every everybody know that that's where uh the planning board is and our decision- making capacity and we that particular application so hopefully we don't run
across too many others in the near future before we can bulk up our Rings uh today I attended a webinar held by the executive office of Housing and livable communities
regarding model zoning that was also released today for accessory dwelling units um ethic review tells me that there aren't any real uh Earth shaking
um elements in the model zoning versus what we've prepared um I can appreciate the fact that uh they're more than 351 communities and probably 351 different ways to attack exe gr units South uh not having
previously permitted them think we come at this a little bit cleaner at least in terms of how things shake out their model zoning so I do see a couple of tweaks uh that I will Implement and try to have uh vetted by attorney beging
before our or rather forour next meeting um so that we can feel uh confident about where that sits okay uh and On a related note yesterday I attended the select board meeting and they authorize us to hold a public hearing to make a
minor modification to our site plan review bylaw and make sure that site plan review only exempts non-residential access access structures so uh that's my report for today thank you
jent next on the agenda is public comment does anybody have something they'd like to speak on that is not already on this evening agenda the audience or [Music]
online do you have a few minutes before we can start the U public hearing can we do the anr real quick yeah [Music] absolutely I don't think I have a scan
version sent along let meble check that right quick I do not so I will just share um the land for Mr us on our GIS system now you're
very there we go okay let me zoom out just to touch here move my bar way okay we are looking at uh the land North bongard
Road most uh visible to me members in presence in the area as um that Big Red Barn right before the little water pump house uh at the fork of was that Laro Road Y and north longard um so this was
land a p trust um the land being considered keep moving around my menu bar here includes both Parcels 15 and 15.1 as you see them depicted on this uh map right
here both with constructed residences so we are looking at a correction uh or an adjustment if you will to the dividing lot line um such that there are two lots in remaining with remaining land and uh all with an abundance of front engine area so the line's just moving further
south to adjust for where the driveway ended up being cited would be my guest as well as defining it's Thunder um as well as that if you defining that Central uh
primary lot of the residents in farm so then the rest would be the remaining land stays where it's at y okay do I hear a motion to endorse the anr for 88 to 94 North longard Road Dave
SP mov hey c a second roll call vote Jessica Thor and I Dave I singer i j thank 11 10 contined public hearing for the proposed accessory Welling unit bylaw Madam chair if I can speak for for
a moment on this topic uh before move into public comment uh so just reflecting upon my uh note a moment ago from today's webinar um amongst the not the question and answer section
were several that landed on ensuring that site plan review was not onerous um for this by right in protected use uh attorney and sing professionals over
at the eohc uh continued to reflect back upon um a requirement that any review be reasonable um so to that point I think
that even the special permit options or excuse me uh even oh we'll just go that for a moment um when we're considering an Adu um on a non byright uh location we've uh we
proposed that as being a special perment scenario I think that same reason needs to come in um granted it's not protected in that particular scenario and therefore there is room for greater discretion um just having uh
reflecting upon recent experiences with the planning board wanted to make sure that there was firm ground and standards um uh to rely on for that special permit um condition So to that point right there
that's if you will another item that I'll be reviewing with attorney beglan and ensuring if he uh feels that there should be additional criteria um or specific criteria boiled out in the Adu um by
law that would be in addition to our standard 17 criteria for special permits I'd like it to be is reflected there um to give the planning Bo great rounds to on which to make their decision um but anyway so uh unfortunately for today and all this
Landing very quickly um I don't have anything material to share but we'll keep that moving um we 33 pages of tips and tricks and suggested language is plenty we'll yeah um so anyway uh so I'm
sorry there were two c planine review and we're going to in discussion about what qualifies for protected use let me also share that uh Chiefs defend was over at the fire department he also reached out to me uh adus and more urban
portions of uh the state have been um managed for extended periods of time and I think one of the factors that we will see um in Greater detail is fire
safety as it relates to um you know access um separation distances between existing structures those types of uh items they seem it seems like that'll be playing a greater role I won't speak for planning board members but I know enough about
buyer code to be dangerous uh but that was if you will the the meat and potatoes of the discussion uh premum discussion I've had with uh Chief stanz okay right any comments from board
members any comments from the public or town officials is that my your opportunity yeah I up just give us your name and address for the record uh my name is Victor um I'm here on behalf of my aunt and uncle at 10 bab
Road that's your last name usari us a t y y thank you so we have some questions um about the Adu law that was put in effect in February um we have a uh separate
structure we just call it a shed storage um on the property um it's about six 650 square feet twostory they basically use as a storage store
dirt bikes right now there and um for the winter deck stuff like barrel of chairs and all that stuff so um they have a disabled brother that currently uh rents an apartment at wake uh Lake View or a
couple box away um his rent is going up in May to 1405 uh he currently uh his current social social security is 9 67 so there's there's a big difference
and it's it's raising every single year um he's at a point where he uh got his new agreement that he needs to either sign or vacate the property um so we're basically looking uh into Gathering as
much information as we can about our current status what can be done um the issue uh is that it's located according to my survey at the time of uh purchase of the property um it shows it right on
the property line on the rear side of of this shed next to the neighbor so obviously according to the Bas of Adu we don't have the current 10 foot setback um this is a grandfather Den building um it was purchased uh it was there at the
time of purchase of the property um we're now looking to move it we're not looking to uh add to it um remove anything from it basically we were looking to uh seek a special permit to convert it into a livable space for him
um so the owners of bab Natalia um that's her brother his sister uh she's able to closely look at him he's a recently I believe um at least I found out recently um diagnosed with diabetes
so she needs to take more intimate care of him now than before so um basically I'm here just to gather as much information as possible on um what their steps would have to be to proceed with
uh if they're able to turn it into a liable space um I did speak with Randy in DPW about utilities uh he should be getting back to me within the next couple days um we're planning uh if if possible to have a separate meter
separate water line and a separate sewer connection to the city so um as much as I know and Randy confirmed bab Road has a city sewer City water so we're looking to see if we can where the piping is currently located um and see where we
can cut in if that's going to be the case and um I do have a drawing here of the location it's in the back over here if you want to take a look at that and I do have physical pictures of what we're talking
about all right well that was a lot of information thank you Victor um no it's okay um but let me just start off by saying that your situation your family situation is one of the number one reasons why the state did what they did
in trying to make this an option for more people understanding that housing units are shrinking in number and increasing in cost and people's income is not and needing to be close to family caretakers is one of the number one
reasons for an Adu on site um from what you've told us so far about your particular property it being close to the existing property line might mean something that we would need
um from the board Sony board board of appeals to potentially do that um but we currently don't have an AG Vio we are in the process of writing it okay so all of the rules that we are currently putting
into place would have to be voted on at our annual town meeting in May in order to pass and to become on the books here in town so that we would then be able to apply those rules to your situation so until that
time there isn't a path forward except for you to be able to pay really close attention to what we are currently doing here so that as soon as it is passed you'll be able to get it rolling and it sounds like you're doing everything above and beyond what
you you're you're like kind of right on time and so and I'm really appreciative of you sharing your family story because I think a lot of people um hear about something like this and they think it's very heavy-handed by the state or they think that it's just going to turn the
town of Southwick into downtown Springfield all of a sudden um but your family situation is 101% why yeah um I'm very happy to do this and that we're working on this right now two things to mention um no it's not for monetary gain or profit we're not looking to rent it
out and make make money or make a living out of it um and the second uh the uh just for the record the neighbor's house that's where the where the shed is next to the property is further down so it won't be like a house to house thing
just for the record um but yeah that's what we're working with um we don't have anything running to it right now except uh uh for white Switch uh wire for electricity and a wire for a garden house they have a garden right next to
it but yeah that's that's what we're working with um I was actually so I started with Kyle in building department which referred me to the clerk's office uh that referred me to the zoning uh board so I was at their meeting
yesterday okay so they said they have nothing to do with this they referred me to you guys so my question is you know what it is where do I go from here so I please so you're in the right place to be fair every place you've been is the
right place yeah they just don't know it yet right so um so Victor you ask uh a good question that I haven't triaged just yet how do how is a pre-existing non-forming
accessory structure managed when uh changing its use to an accessory dwelling unit uh I gota I have to think that one through to be honest and to be fair that's kind of what we are doing and figuring out as we Forge this by I don't think it's going to affect anything that we NE right in there
unless we need to direct up a specific path because uh Jessica mentioned this is it's here and it's happening um our work is only to assist both uh ensuring that the town's interests are protected as well as providing opportunity um for
interests like yours so I would like to follow up with you um with my findings uh related to that non-conforming condition sure of the structure right now uh your that particular lot is uh unique in a way in
that it it fronts on Eagle Castle and B so it's non-conforming not just for the um theid setback but also the front that would be projected from Castle so I think there's just a little bit of
uh triage work to figure out what I guess is your path forward under zoning um you know aside from that it sounds like you're you've got the right um area um and you do have the right opportunity to put fourth uh utility connections that would be necessary to make that
avable living um so having said all that Victor uh I think you mentioned that you had reached out uh to my office before tonight's meeting so do I have your contact information um I did leave my phone number but I can also provide it to would you just write it down for me
please oh did I Samantha said something didn't mean to speak over no she wrote it oh [Music] okay oh there you go sorry I didn't know if I could speak
or not um I was I was just saying we're working on something actually pretty similar to the situation um and it's just by case and it's a written approval for temporary housing um for somebody in Southwick so
um Tom is working on that if if somebody could maybe give him his email or something reach out to the Board of Health I thank you so much Samantha I'll make sure that Victor and I discuss that Avenue so that may be something to they
did mention Health Department uh alongside planning so that would have been my next step to Health Department see um they did say uh their number one concern is sewer so where all the waste is going to go make sure it doesn't go because of the ponds and all that stuff
but but yeah I think I think we're on the right track like you guys said maybe a little bit earlier but so I'll talk with health I'll find out from Randy um all the information needed uh maybe we can even kind of wind everything up make
sure everything fits everything works out and have that ready to go as soon as we get a green light if we do um and then we'll uh wait till May or or the Board of Health may be able to help you
I've got I've got the office hours tomorrow so I'll reach out to you and we'll start closing some of these loops and figure out what questions to be um that shouldn't conflict with me reaching out to Health Department right no you could you're welcome to initiate any discussion you'd like understanding that I think a lot of these pieces are going
to mesh in the end so you might get some confused looks at the beginning I understand it's a new ww everyone kind of figuring out how to work around and make sure everything fits properly um Wendy uh is it Wendy
secretary for uh the zoning yes Wendy so she did mention um to me to mention it uh at the time of uh pulling a application permit for uh special permitting application to like Samantha did say um that it's a medical SL
financial hardship situation okay but again obviously we're not looking to jump over the laws that are in place that prevent us to um fig figure out first how it's going to work to make sure that it's proper makes sense yeah
okay so I'll reach out to Health Department I'll talk with them I look forward to hearing back from you um I will report back to the owners um to my aunt and uncle let them know what's going on and then um it'll be I guess between health department and
may uh there there be some other pieces in to work with between them but uh uh but we'll help keep the ball rolling for you and if something needs something needs to change we can at least figure that out now and make that something you can plan for okay sounds good thank you very much for your time
great night go back okay are there any other public comments on the proposed Adu by law none we will look for a motion to
continue this to March 25th at 7:15 p.m. moved singer second call vote Jessica th I I singer I I on the agenda do we have anything to add to the discussion for Noble Steve
cring um no I did take a spin by the S side saw that some work um had been initiated uh but I think as suspected um this hasn't been shoved off the Consultants plate just yet so don't have
a date from Mr Sal Mar sh and do we know if he has started or will be starting his by weekly meetings now that the weather is nicer I fully expect that to be the case they have not begun just yet okay
all right next is the request to release Lots from the Covenant in Louis bond for the greens of South East Jason Fury 104 Feeding Hills Road South Mass got going on uh well we have right now I believe four Lots under Covenant in L Bond we're looking to try to
request a release for three of them and remain one lot in to remain in louon uh we put about 300,000 bucks in the road last year I think we're pretty much done we work with Randy to kind of ice out a couple of things we have to do before we're done with the process of handing the road off and it's still within the
budget of one lot uh I think we have a contingency in there like $150,000 to give you an idea of how much more stuff we have in there that I think we really need is that accurate from Mr Brown's perspective uh yes Mr Brown uh agrees
that these three lots 12 19 for may be released from the Covenant observing that uh they estimate the value of the punch items to be less than 100,000 performing contingencies um while the retained lot is an estate lot and has a value an
exess of$ 220 it's estimation ,000 um so I think we're in a conservative enough position think we're to release so we're looking to release 12 19 and 34 correct this is just motion to release
yes please all right need a motion to release the three lots 129 and 34 from their covenants and move bond for the green to South East Dave Spa so moved second roll call vote Jessica FL and I
Dave sason I'm G to have everybody sign um the document tonight I'm going to hold it just as custom until beg Lan says yep good to go okay good enough just let me know I'll swing by and then I bring register that's right all right I
take we'll get you wna clear the fo Anderson tree decision first just couple Pages straight forward straightforward and quite similar to the one that we did just a couple weeks ago yeah all familiar well I'm calling God good
art in the morning as long as um I didn't leave any Ed huls on that decision so be it one second we get this uh up
I I told so one moment I'm sorry Perfection takes time I'm a little fashioned um in that I look for versions and updated versions um
Office 365 auto updates so I just need to know that I have your edits bear with me for one I save at home I always save it remas the JT edit so that you have to resave it as I'm grateful for that
one moment please I listen it shouldn't be this hard I'm just I'm gonna throw it up on the screen if there's something you'll know this looks correct in terms of format which I think was the big edit some background music would be nice because it was so good that's not
true there was formatting there was and I have different dates when It Was Written versus the last saved so you did it I know it's everybody's surprised all right the superity recorded oh yeah I give him
gems means all right here we are board members have it in front of them here Mr atzinger if you would like to review that from home do you it I'm looking at
it right now good to go on D than reflection of the all that was T yep tell me and we already voted to approve do I hear a motion to approve the decision as written for Claus Anderson Public shade
tree removal Dave moved s second call vote the FL and I I cing I I now to the easier one fantas e
Madam chair I asked for your patience um as this is a lovely they're Microsoft droppings I just brought it out of the cloud and
let's this is what we got so okay we will see that in places never mind me Bing away but that's absolutely did you get a copy of this do you want one to look through do that one more time you're
really not allowed to speak about it you can ask a question would me narr just a little bit sure so fantastic so uh the procedure history is should be familiar the planning board members uh and that we pair some of the
uh relevant information from the legal ad uh and then just Mark uh or I should say note for everyone's reference the key dates uh through the public hearing as well as the materials presented um and then lastly monumen uh who
participated in the public hearing from the planning board identify there eligible M uh Diane I do have a an observation in here that I don't think carries any particular weight but if you will you did transition from the associate until
the full member um uh in the midst of this public uh hearing owing to the date doing RIS warning okay so I think that's just another way to mum that and if more than one way your vote is valid for this application
it was legitimate before and it's even more than so dick if you have any questions about page one I'll keep her on rolling okay so let's uh roll down to the findings uh this is where we started talking about
some of the specifics of the um application noting where it lies zoning in which the property lies which is indeed split between business restricted and a small wedge of invel restricted um and observing the fact
that the site is currently developed as well as it's to preious use that's the right word to use be preferable for me to walk through the special per criteria so we can see uh the justification you provided after
each item yes okay let's do that uh yeah going to the fact that my distribution email didn't land um to planning board members proposed use is suly located in the neighborhood in which is proposed and or the total town because a marijuana establishment providing the
retail sale of marijuana or marijuana products is an allowed use in the business restricted and Industrial restricted zoning districts subject to a special permit issued by the planning board as described in the bylaw we say then the use will be
reasonably comp with the character and scale of other uses permitted as of right in the same district because the use will occupy an existing structure and site that has compatibly existed in the zoning district for multiple decades and no change to the site or building
footprint is proposed item three the use will not constitute a nuisance by reason of an unacceptable level of air or water pollution excessive noise or visually flagrant structures and accessories because of the existing site design and the requirements associated with site
plan approval the proposed use will not constitute a substantial inconvenience or Hazard to a Butter's vehicular traffic or pedestrians because it complies with safety standards adequate and appropriate
facilities have been provided for the proper operation of the proposed use including safe vehicular circulation Public Utilities refuse management site Loop illumination storm water management features and a private septic system
additionally new security measures will be implemented to support the new use and have been provided in accordance with 105 CMR 72510 or 935 CMR 50011 0 to the south of police department the propos you shall comply
with assign regulation specific to uh chapter 10529 of the town and South bylaws as well as the requirements of state law the first time it's snuck up on me I was wasn't thinking ahead uh the proposed use will
comply with any all additional special permit criteria or special use regulations imposed on individual uses in chapter 185 of the town of sou bylaws The Proposal will not create traffic congestion or impair pedestrian
safety provision has been made for convenient and safe vehicular and pedestrian circulation within the site and in relation to adjacent streets property or Improvement the proposed project will not create an adverse impact to the quality of surface water or groundwater
during or after construction because the facility will utilize the existing constructed site condition and provision was made for maximizing groundwater recharge the design of the project provides for
adequate methods of disposal of sewage refuse or other waste generated by the proposed use the design of the project will minimize the visibility visually degrading elements and protect the neighboring properties through the retention of existing
vegetation The Proposal will only generate noise normally associated with retail uses conducted inside a building a the applicant has complied with the Cy submitt and approval requirements of chapter 185 of the town of Southwood
bylaws number 14 uh the proposed use complies with the requirements of any of the overlay districts in effect pursuant to chapter 185 of the town of South bylaws the proposed use is in harmony with the general purposes intent and
intent excuse me of chapter 185 the town south P laws the public good is served by the proposed retail business because it provides service to the public and employment The Proposal reasonably protects the joining premises against
possible detrimental or offensive effects from the uses on the site including but not limited to unsightly or obnoxious appearances air pollution water pollution drainage flooding noise vibration and
lighting the proposal shows that all aspects of the use relative to the marijuana products related supplies and educational materials will take place at the F location okay for specific findings The Proposal includes the
continued use of an existing wooden Structure Parking Lot for approximately 28 vehicles and Associated fight site features and accessory uses the proposal is for commercial and accessory use the proposal will not substantially detract from the
surrounding area or the environment because in chapter 185 section 35.2 the proposed use is permitted subject to a special permit Insight plan approval from the planning board the existing structure is integrated into the existing terrain and
surrounding landscape and is designed to protect the budding properties and Community amenities the architectural style of the existing structure is compatible with the rural historic character and scale of buildings in the neighborhood in the town through the use of building
materials screening brakes and roof and wall lines and other architectural techniques including variation in detail form and sighting Haron harmoniously in relationship in relationship of buildings to each other
with adequate light air circulation and separation between s buildings it's right or not yeah I know on that I guess I didn't write that one but anyways the proposed use is served with adequate water supply and Waste Disposal Systems the proposed use will
require the same Municipal Services typically associated with its commercial use including electrical utilities and Emergency Services a storm water management permit is not required since no disturbance of land is proposed College highways is adequate to carry the additional traffic
generated by the site The Proposal maximizes the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent waves The Proposal will allow for adequate access for emergency
vehicles The Proposal retains adequate measures to protect to prevent excuse me pollution of surface or groundwater to minimize erosion sedimentation and to prevent increased potential for flooding FL
flooding really uh it's I appre that the existing site has been designed so that runoff shall not be increased groundwater recharge is maximized and neighboring properties will not be adversely affected stormm water drain system meets
site needs since the system has been designed to manage all runoff Electric telephone cable television and other such utilities are underground exposed storage areas Machinery Service areas truck loading areas utility buildings and structures
and and other unsightly uses have been setback or screen to protect the neighbors from objectionable fatures The Proposal complies with any and all zoning requirements for parking loading Dimensions environmental performance standards and all other
provisions of chapter 18530 of the town of Southwick bylaws the facility is not located within 500 feet of any property line of a public or private elementary Secondary School preschool or Child Care
Center the facility is not located within 1,000 ft of another marijuana Treatment Center or marijuana retailer facility does not AB but nor is it nor is it located within 250 ft of any dwelling the applicant has executed a
community host agreement with the town of salik and has completed a community out each meeting in accordance with state law the applicant has submitted proof that the application to the Cannabis Control Commission has been deemed complete pursuant to state law and has
issued a provisional license from the commission pursuing to state of bond the planning board finds that the Financial Security retained by the Cannabis Control Commission is adequate for decommissioning purposes for this retail only facility all right moving on to our
terms and conditions I'm sorry any questions concerns comments so far we keep moving I want to make sure if anybody has a problem as we're going to to speak up good time to
stop okay hearing none let go through the terms and conditions well the decision is currently reads as a currently as the decision currently reads an approval um yes
forward not withstanding any future Amendment to the town south bylaw state law or any future excuse me any other legislative act uh the structure to be used on a special permit will incl include one proposed building and accessory structures so you said
structure the word is written structureal intend I'm I'm gonna check that template everybody hold that template five but it gets me it's got me for years anyway um I guess this is the
first time we've read number one in great detail probably missed it the tract of land on which the development is to be located shall not be altered or used except as granted by the special permit and as shown on the site plan referenced
above and in accordance with and in accordance with sub been approve plans or amendments to the special permit the entire tract of land and building shall not be used sold transferred or leased except in Conformity with the special permit if
there is a petition for Amendment to the special permit all plans and information for the change must be submitted as required by applicable laws special permit in site plan approval is issued to the registered entity for this specific site in parcel
and may be transferable only to another licensed operator after submission of documentation of the approved transfer of the state license by the CCC or excuse me to the South planning board and the board's acceptance
thereof all right conditions of approval of all permits issued by other boards or agencies of the town of South shall be considered conditions of approval under the special permit in the event that said permits contain conditions conflicting with conditions hereof
the planning board reserves the right to amend the conditions of the special permit after hearing so as to render it consistent the applicant shall be responsible for keeping the drainage system in a clean and well functioning condition and shall do nothing which would alter the drainage patterns or
characteristics as indicated on the ples approved by the planning board the year round screen whether Landscaping fence or both is required around the trash storage and collectiontop J exterior lighting picture shall be position positioned for downward
lighting any new site lighting shall be submitt to planning board for review and approval prior to installation no outside storage of marijuana products related supplies or educational materials is permitted the applicant or their
assign shall obtain any required Massachusetts Department of Transportation permit related to the change of use failure to comply with any the terms and conditions described above May render this decision null and void the special permit shall lapse on
March 11 2027 but shall not include such time required to pursue or await the termission of appeal referenced in mgl chapter 40a section 17 if construction except for a good cause or in the case of a permit for
construction if construction has begun by such date for good cause yeah it's it's a the flaw template trust me I will we're g to fix that in a moment um but we're close to making
progress there the special permit and S plan approvals shall have a term limited to the duration of the applicant ownership or control the premises and shall lapse a if the permit holder ceases operation and or B the permit holder's license SL registration expires
or is [Music] terminated future improvements or changes to the use will require modification of the special permit for special and then we get to the record of the vote
four members with today's date on it um may I get back to number n for second is that need that oh yes good can I go back to number nine for just a quick moment yeah
that is if I don't start operations by then this gets null and void I mean it's going to be way before that yes so my modification says it'll laps in March 2027 if the use has not commenced except for a good cause or in the case of a per
for construction if construction has not begun by such Cas date for good has not begun failed the beginners that's either way what I I was looking for the word failed here like it just
says um okay yeah yes go back to number five do we have a lighting plan for this building or we using the existing lighting the church the uh the applicant proposes to retain the existing lighting the the lighting information
that was provided was in photographs uh nighttime photographs of the facility this was I I assume I may be wrong it was just parking lots that correct or is there lighting outside the facility outside the facility
Rich yeah there's there's lighting outside the facility the parking lot's illuminated well at least half it is yeah I think it's all building mounted yeah building mounted lights okay thank you were there any other board member
questions or concerns about conditions anything no I Incorporated the language from our bylaw in the there to make sure that this was representative of the type of social permit that we're issuing if we issue it
um and if everybody's okay with the decision as it is I will look for a motion to Grant a special permit and site plan approval for this proposed retail marijuana establishment at 660 College Highway T be so moved singer
second roll call vote Jessica Thor and i d i finger iel I than with that and seeing as our decision was written as an approval do I hear a motion to the approve the decision as written for 660 College
Highway Dave moved take sing a second roll call vote Jessica Thor and I da I I I right thank very much again thank you very much when do I get it
signed tomorrow so you can go and sign the copies at the town clerk tomorrow okay because they'll be on file I'll shoot you a note when they are dropped off there and for 20 days 20 days okay we get building per time or is have to
wait for appeal is that the issue I can't uh speak for the uh building department but I believe is that theit for architectural VI to this the state anyway it's going to take three months but I don't want to delay 20 days and three months
because of because of it's going to take time for Kyle to move forward in his piece I would submit essentially it's at your risk while it's inal okay all right apprciate thank you very much thank you all right
did I don't think everybody got the meeting minutes in time to review or do you want to hold off other people want to hold up that's fine dick are you comfortable I trust you
okay and then do I hear a motion to accept the regular meeting minutes for December 3rd 2024 D being so moved I don't believe I was there no you weren't roll call vote Jessica Thor and
I J and I just the ey okay similarly for the executive session meeting minutes for December 3rd 2024 D moved second we call vote Jessica Thor and i d i
d and then finally the meeting minutes for December 17 2024 Dave P J second roll call vote Jessica Thorton I da i j i are there any planning board or staff
member comments do you have an we had an npic meeting we are pushing on the various teams to continue their prioritization efforts which I believe that we are yes right we were red for yet we'll got
the next next tier the middle section there and did everybody put in their original ones original ones we all have our original ones good now we just need to now that the math has been done to combine I have to figure out how to read them on my computer like so can't print
them because they printed only this much I'm figuring it out if uh if there's anything I can do to assist please let me know you know how to print them that be we will you'll have to edit the page break and then to I was fighting with it for a while
the other day I gave up let me make a note thank you all right think that's it think that's it all right except I do want to say that I first walked into the planning board meetings uh for the issue on the
decision that we just did um that was near eight years ago and so um personally and I just very happy to see that come to fruition and I think my fellow members for doing the work alongside me um a lot effort I think
it's good thank you thank all right with that I'll hear a motion to close the meeting excuse me no is our attorney online uh our I need to reach out to okay our attorney but um we can move to
Executive session all right where's the language on agenda I've buried mine I buried mine then I'm going to make a motion for to go into EX session with Town Council pursuant to Mass General Law chapter 30A
section 21 A3 regarding litigation and threatened litigation um we have to move to go into executive session to discuss strategy with respect to litigation and the chair must declare that an open meeting may have a detrimental effect on the
litigating position of the body and we will not be reconvening an open session do I hear a motion Dave spus moved go singer second we call vote Jessica Thor and I I go sing everybody else online have a good
evening