All right. Good evening everybody. My name is Andrew Shepard, chair of planning board, and I call this meeting to order at 6:30 p.m. I'd like to have a roll call of all the board members present. So, please say your name for the record. >> Carol Hoffus, present. >> Artley Plushaw, present. Brett King,
present. >> Robert Darion, present. >> And Andrew Shepard, present. Um will you please join me in the pledge of allegiance to the flag of the United States of America and to the republic for it
stands one nation under God indivisible with liberty and justice for all. >> I'd like to thank all of our veterans, those currently serving here and abroad, their families, and those who contribute their time to public service. I think we
owe them our gratitude. This meeting is being recorded and will be uploaded to the Town of Towns and YouTube channel. I do have a deletion to tonight's agenda. Um, we will remove item 2.4. Um, I talked to Beth earlier today. She
has some more uh work she believes she needs to do. >> Okay. [Music] >> So, we're not going to hear that. >> Correct. No. 2.4. >> Okay. Otherwise, I believe we can we can jump right into
the agenda. So, 1.5 is to discuss and approve the draft minutes from October 6th and October 20th. Uh, and everyone get a chance to look it over. Any comments or suggestions? >> They look fine to me. >> Yeah, they look okay to me.
>> Okay. Like to entertain a motion to approve the meeting minutes from October 6th and October 20th. I'll make a motion to approve the minutes of uh 10625 and 10 2025. >> I second the motion. Second. All those in favor? >> I
have. >> Okay, that's 1.5. And then we go to 2.1. Um so zero Mason Road assessor's map 13 block nine lot zero the preliminary subdivision approval approval
application and a draft decision. when we have a draft decision written. Um, so this one, hold up in front of me. We got recently the referral comments from oil tanner, I believe.
>> Okay. >> Engineers comments. >> You did get the comments. I didn't see them posted. >> Okay. Um, >> I saw the I saw the like the little contract or whatever, but I didn't see the actual comments.
I thought they were in the portal. >> I know you missed them. Do they have anything significant? >> They had a fair amount of comments. Some being uh like grades uh they noted on the plans, some being um I don't know if
they call it structural, but like stamping of the plans or maybe formatting and such. >> Okay. >> So, they had a number of um deficiencies. Uh yeah, I suppose um at least in the eyes of the peer reviewer and they were shared with the applicant.
I don't believe there was any comment from the applicant specific to that. But the draft decision that Beth put together, um, essentially, I wonder if I can find some of the wording, but essentially what she tried to do was
include that, you know, approval pending um, you know, >> page seven. There it is. >> Well, that was a conceptual plan to begin with. It wasn't a definitive plan. >> Correct. So, and this is a preliminary.
So, I'll read you uh just so you guys can the the draft motion that Beth put out. Um it would be that and this is just the draft. I'm not asking for this motion right now. I move that the Towns and Planning Board conditionally approve the preliminary site subdivision plan
for Mason Brook Acres Partial 13-9-0. A five lot OSPD accessed via extension of Michael's way submitted by Kevin Smith and Kent Kelly on September 22nd, 2025 entitled preliminary subdivision plan open space
preservation development mason book acres dated August 14, 2025 pursuant to Mass General Law chapter 41 section 81S and towns and regulations section 175-10 and section 175-12 subject to the
conditions in the board's written decision, including full de full resolution of the Hoy Tanner peerreviewed letter dated October 29th, 2025 and the Ward of Health comments dated October 10th, 2025. This approval
is advisory only and lapses on November 3rd, 2026. If no definitive plan is filed to preserve the 90-day review window period and the freeze applicable regulations as of September 22nd, 2025, the definitive plan must be filed by
April 22nd, 2026. This approval is advisory only and confers no vested rights. So that is the gist of what Beth put together with the intent to satisfy the comments that came from. >> So has the applicant been updated with all the
um all of these uh to my knowledge? >> No, because they're not formalized at this point. So you're going to it's you have a motion in front of you to decide. That's the way I understand it. I chatted about the motion to decide to move forward with the preliminary
approval based on the conditions from the board of health oil and tear >> the items identified here. >> Correct. Yeah, that's exactly answer. >> So page five of seven um sort of illustrates the waiver requests that
each of the conditions of approval. You know, you'll see at the top part section A or exhibit A is oil and tanners items and then you have the board of health and so on and so on. Sorry. >> So K to your knowledge because I know I talked to her briefly and she asked
about sending the oil caner letter to the applicant. So she was unor did not yet. >> I don't believe so. >> Okay. Fair enough. >> If you sent it with a motion saying we approve, but here are >> subject to based on these conditions.
We're waiting for more feedback from your designer stamp sheets, etc. Office missing items from them. Sure. >> Did anybody have any thoughts or comments?
>> Well, I think all the items that have been identified here to be addressed are very comprehensive. Um, so I I think everybody's done their due
diligence what they're going to need. Um, so this is a continuation of our approval. This is kind of just one the way I understand it and Beth described it to
me earlier. the preliminary subdivision approval process. The benefit to that is if uh they can satisfy the peerreview comments and then within I think six months I know the date was listed in what I read um if
they can apply basically it'll freeze all applicable regulations when they go for the definite subdivision approval process. >> Right. So, my understanding of what this was about is to get a
favorable review of what's being proposed >> to uh help the applicant determine if they should pursue this further. >> Sure. Yeah. >> That's what happened at the last meeting.
And so now we have a comprehens a more comprehensive review of things that need to be done. >> And so and they look comprehensive. >> Okay. >> And so I would think that this board
would support continuing this with and making the applicant aware of the items that he has to address. go around. Any thoughts, Carol? >> No, I'm I'm good with the comprehensive comments. And >> yeah,
>> so as long as those are all conditions, then I'm good with it. >> I agree. I think it's >> the way it is. I think he's got some challenges, but do I would I have to abstain from this or it's family or
[Music] >> voting cousin of some sort? >> I don't know where they draw the line. Is it direct cousin or second cousin? >> Second. >> I don't know. >> I don't know. There's I when I work for the federal government, they always said
even the appearance of a conflict is a conflict. So, I don't know. So we but we always use that as like cuz I worked in contracting so even the appearance of a conflict was a conflict and you weren't supposed to participate or excuse
yourself >> unless you could get legal counsel to say otherwise. >> I'd say I'd abstain for now and I'll follow up with board ethics I guess. >> Okay. Yeah. I would imagine at some point they have to draw a line. >> I would think so. >> Yeah. I mean
it's a yeah >> do get along with them real feeling. >> Well then there's that there's that Robert >> it could go either way. >> It was a shot right
>> we'll remain impartial. So, I'd like to entertain um per page seven um motion as written. And if somebody would like to, I guess they could read that exactly or I would think you could say so moved.
>> Okay. >> The draft motion that's shown. >> Correct. >> Yes. >> Titled motion one, conditional approval of preliminary subision. >> So moved. >> Second. >> I have a second. I I saw Harley's head nod. We got more motions coming.
>> So that was Carol who moved it. >> Carol moved it. Heartley seconded. >> Second. >> Okay. Uh roll call vote. >> Uh Carolus, yes. >> Hartley Plushaw, yes. >> Robert Taran, yes. >> Brett King will obvious abstain for now. >> Andrew Shepard, yes. Okay. So that's
motion one. I'd then like to entertain motion two uh which would authorize I'll read it. I move that the uh it's called the authorized to sign and file. It says move that the towns and planning board chair Andrew Shepard be authorized to sign and file this decision with the
town clerk by November 6, 2025 and that copies be transmitted to the applicants Dillis and Roy CDG Oil and Tanner Inc. the board of health and all commenting agencies. >> So moved. >> So moved. >> Second.
>> Second. Okay. Uh roll call vote. Uh, Carol House is yes. >> Hartley Plash, yes. >> Robert Turn, yes. >> Yes. >> And Andrew Shepard, yes. >> Okay. Motion three is the waiver consideration
reserve. Uh so this motion reads, I move that the board reserve judgment on all waiver requests until the definitive plan stage at which time the applicant must submit formal waiver petitions with
justifications and hearing noted agency approvals. >> I so move. >> Okay, Robert with a motion. Do we have a second? >> I'll second it. >> Carol with a second. We'll do a roll call vote. Start with you. Carol >> Carol says yes. >> Hurtley plush. Yes. >> Robert the yes. incredible. Okay. And
shepherd. Yes. All right. Thank you guys. That covers 2.1. Let's go to 2.2. So this is the >> Hellois
>> 2.2 is 159. Brookline ZBA's mandatory referral. >> I said I believe this could be the cont. I'm not sure what you're looking at there. >> Uh this is for 3.0 and 3.3. So we're
still in the two. >> Yeah. So this is I will read you part of the referral notice. It is to consider the application of Addison N for a special permit under Towns on voting zoning bylaw section 145-18
and 145-65 to authorize the use of nine previously permitted motel units as long-term residential units at 159 Brookline Road located in the outline commercial district OCD and the Aquafire Aquafire
overlay district. So, I don't know if you guys had a chance to look it over if we have any comments as the plan. >> Well, this is a change of views, >> I believe. So, yeah. From >> a rental unit to >> rental units to long-term. Yeah, >> that's a change of use from commercial residential.
>> Is it really residential? Okay. Um, so the question would be the zoning bylaws for residential units and how they conform to the zoning bylaw
for residential unit. >> So, uh, I'm trying to distill that into what comments that the planning board would have to the zoning board. What is the point? >> In other words, the existing buildings
>> were allowed where they are as a commercial unit, >> right? >> The applicant wants to rehabilitate them or alter them
to be single family units. So they're going from a res um a commercial motel type of zoning >> zoning >> to a residential zoning.
And so the laws for residential zoning would now have to be accommodated um to issue a building permit or something like that.
>> So would that be the zoning people that would go back to them and >> Well, what is the request exactly? It's just a referral notice. So do we as the planning board have any comments? I think >> yes. >> Oh, okay. Those are my comments. >> Okay, we can go with it. >> So, it would have to comply with
residential zoning bylaws. Let me just make a note of your comments. So, I think it's a change of use. Um, here comes have to comply with residential zoning bylaws.
So, do we know what district it is in now? >> I believe it's outline commercial. >> It is still in commercial >> as it was described. Karen, do you have any comments that >> Yeah, >> it's commercial. >> I think it's outline commercial. It has
its own little nuance to it. This one's >> guess probably this section or that section bring this closer so there's right in this sort of funky corner up there. So >> I mean I I would think towards that
entry going through the information we have. It looks like they applied and >> family. >> Which one is it? >> It's It's online commercial >> now. >> The pink. >> Yeah. Yeah. Okay.
Um Okay. So that what I just said is does apply. Um so it's existing conforming where it is as commercial.
the owner wants to convert it into residential units. That's a change of use. It's not allowed. You'd have to look at what's allowed on the commercial here. Sure. or the
applicant would have to apply to get this change of use approved either with a special permit in zone in the commercial or change this zoning to residential.
>> I think um I may differ with your honor. I think my personal opinion, you know, going through the packet, it looks like they applied in 2010 to have it be >> they what, >> you know, they the application that was cited in here is that they applied in 2010 to have long-term,
you know, >> rental units, >> rental units, and for whatever reason, it seems like the market has changed or something has made it that they're no longer continuing that path. I don't I would defer me. I can understand that
owners need to make a change. >> Sure. Sure. >> All right. But he still has to comply with the zoning bylaws to do that. >> I I think as an individual in the planning board would defer to the zoning board's judgment on what they as the application says before them.
>> Well, it's still not going to change anything. Before the building department can issue a permit, it has to be approved to comply with zoning. So the only way to comply with zoning is build what was allowed under
that zoning district or to get relief from the town by a special permit or a zoning change. Okay. So this is it's a change of view. So
it's automatically going to generate exactly what's happening. So, do we say that or do we just say defer to the zoning people? >> Maybe uh some middle language would be, you know, um defer to the judgment of
the zoning board, but wish to have it comply with all town rules and regulations. >> No, I'm sorry. This is the planning board. >> Okay. We're just commenting on something for the zoning. >> So our role
is to see compliance with the zoning bylaws as they are. >> So the message here to the applicant is that it's a change of abuse.
So then he can refer to us or the town to request whatever change is necessary for that use which would either be a special permit or change the zoning in that
district. Okay? We cannot change the zoning in the district because that would require a town meeting approval. So his options are to request a special
permit for the change of use as I see it. >> Is residential allowed in outline commercial? >> No, not according to >> I I don't have >> I mean we have to check the actual bylaw. See
>> I don't know the bylaw that >> right but his intent I understand. >> Sure. It's to convert these to res rental units. Okay. >> I know Robert, you have a better handle on some of the bylaws than probably most at this table, but I don't know if I
feel comfortable writing out what I believe your interpretation of the bylaw is as our board's formal recommendation. I I guess I would be more apt to defer to, you know, maintaining the, you know,
the towns and bylaws and deferring to the zoning board in such capacity. I don't know. We could defer to that. >> If you want to keep it general and simple. >> Yeah. >> Uh just say uh no determination and refer to the
current bylaws and that takes care of the problem. Yeah, that work. >> I I just wanted to give the applicant more information >> so he knows what's ahead. That's all. >> Well, remind me of that phrasing you just used. No determination referred to
>> current the current bylaws. >> He has to comply with the current bylaws. >> Comply with the current bylaws. So when he looks at the bylaw for the commercial district, >> the first thing he should be advised is
a change of use that we can do. >> Okay. His request is a change of use from commercial to residential. That's a fact.
He has to refer to the zoning bylaw. So what I what I wrote is no determination comply with current town bylaws. I think it's general. I think it's big. I think >> Andrew, we're trying to help the applicant. >> I I realize that we're also referring to
another board that has the duty to oversee the application that's before. I don't want us as a board to try to micromanage. >> What? I I don't think we got this correct here. This came to the planning board because
it is a planning board issue. This is a referral. >> No, it's a referral review. >> No, it's it's just like when we send out referrals to the other other people could comment. So, we're just commenting on >> We don't have an application, right? I mean, we have a copy of what the zoning
board, right? >> We're making a comment to the zoning. Well, it's very simple to say that the uh referral is we envision it's the change of use, okay, from commercial to residential and the applicant has to
comply with the current bylaws. Period. Then he'll find he'll have to get a special permit. >> That's okay. >> Uh sounds like change of use comply with current town files. >> That's right. Yeah, >> that's what we see here. It is a change
of views. >> So, it's a matter of telling the applicant what the proper channels are to >> Right. It's it's giving him direction, >> right? >> In other words, this is just a referral. I'd like to do
this. What do I have to deal with? This is what he has to deal with. We recognize it's in a commercial district. It was currently zoned commercial. He's changing the use of the building to
a residential use. So, the bylaws for residential use and for commercial use need to be reviewed for him to proceed. >> Okay. Okay. So, we'll I'll read you this. If we all agree, I'll sign it and
then we'll be done. So, it says comments with the sounds like change of use. Comply with the current town bylaws. That's correct. Everyone's good. I see everyone nodding their head. I'm gonna sign it >> and then we're gonna move on to the next one. >> All right. Easy enough. >> Thank you.
>> Yep. No, thank you. All right. So, that was 2.2. Now, we're at 2.3. 60 Warren Road cell tower review draft permit two-year extension letter. So, I will read you guys this. This is
to Kristen E. Walsh of Industrial Communications out of Marshfield, Mass. The subject is 60 Warren Road, extension of site plan review special permit for cellular tower operation. The town and planning board hereby confirms the
automatic extension of the site plan review special permit for the operation of the cellular tower owned by Industrial Communications and Electronics, Inc. Pursuant to the Massachusetts Permit Extension Act as enacted under chapter 238 of the acts of
2024 section 280 mass acts chapter 238 section 280 2024 also known as the third permit extension act signed into law by Governor Healey on November 20th 2024
says section 280 of chapter 238 provides that any qualifying land use approval in effect during the tolling period of January 1, 2023 to January 1, 2025. Inclusive is automatically extended for two years beyond its original expiration
date as the current special permit for the cellular tower operation was set to expire on January 25th, 2026 and qualifies as an approval under this legislation is hereby extended to January 25th, 2028. The extension requires no further action by Industrial
Communications and Electronics Inc. or the Town and Planning Board. The extension applies solely to the continuation of an existing terms and conditions of the site plan review special permit as originally issued. Any modifications to the permit or additional land use approvals must be pursued through the standard application
process of the counc. That's the gist of it. >> How much to say? Pretty generic. >> Well, you just have to sign it. >> Yeah. Okay. Does your select board negotiate this? >> I have no idea. Um,
the one has not come before me. I don't maybe Robert a Carol. >> Uh, Kieran asked if our selector negotiates those. >> Well, the problem is it's an executive order to begin with, so we don't have a voice. >> The extension of permits. I think
Kieran's question specifically was the >> who sets the terms >> because it town owned land or is it privately held that parcel? >> I think it's privately owned. >> Okay. >> Yeah. I'm not sure if the only thing that and it has nothing to do with this
particular applicant. Some of these when we review these kind of structures, we probably should consider whether they
in approving them in the future, we should consider that there be some bonds for their removal when they need to be replaced. >> Yeah, good. Good thinking. Yes, >> I think that would be something that we
might want to think about >> in our bylaws. Because these this equipment has a life expectancy and then what happens after that? >> Yeah. Right. >> Y let's make sure the people
>> who build it or own it >> um would be the ones to take it away when the time comes. >> Well, that's what I'm saying. You can't guarantee that. So that's why there be a bond to the town, >> right? >> To have the town remove it if necessary.
Right. >> Yeah. So there's money there in case they default or for whatever reason. >> It doesn't get stuck holding the bag as well with a rusty tower or not working tower. >> I think that might apply to several parts of our zoning by law.
>> Let's that we can we'll address that if it comes to us. >> Um so 2.3 is complete. So that brings us now to 3.1 which uh section three correspondence and 3.1 Harley I believe you may have
the letter from the attorney general. >> Yes I do. >> And uh Beth highlighted what she thinks I should read. This is from the Commonwealth of Massachusetts Office of the Attorney General Re Towns and annual
Town Meeting of May 6, 2025. Case number 12004. Warrant articles number three, four, and five, zoning warrant articles number six and nine. General articles four and five. Under article 4, the town amended
its zoning bylaws article 9 special provisions section 45 to delete I think this should say it says the th uh maybe she meant three I don't know
anyway I'll just pronounce it as it is to delete the existing text in its entirety and insert a new section 45 flood plane district. Under article 5, the town amended
section 145-7, location of districts to reference the new flood insurance rate map, FIRM, dated July 8th, 2025. In addition, under article 5, the town amended its zoning
map. The amendments under articles four and five are adopted as part of a federal requirement for communities that choose to participate in the National Flood Insurance Program, NFIP. And that's what is outlined here.
>> Easy enough. So this is exactly what we had to do. There was no option. >> Yeah, there's no option. So yeah, we did what we were told. >> All right. It was approved. >> And it was approved. Thank goodness. Harley, do you mind going to 3.2
correspondence from a budding town? >> Oh, yeah, sure. Um, from these are from the other towns. Okay, let me just move the sticker here. 3.2. This is from the town of Rotten notice of decisions definitive plan
approval uh PB-2025-18 special permit PB-2025-9 uh PB means planning board I assume uh Madigan Hill 423 Old Air Road notice is hereby given that the Brotten planning board voted to grant a special permit
and definitive plan approval for the creation of a residential compound subdivision pursuant to the code of the town of Rotten, chapter one, chapter 218 zoning to property location 423 Old Air
Road. And to continue notice is hereby given that the okay notice of decisions definitive plan approval plan approval planning board 202518 special permit planning board
202519 Madigan Hill 423 Old Road. Notice is hereby given that the Rotten Planning Board voted to grant a special permit and definitive plan approval for the creation of a residential compound subdivision pursuant to the code of the
town of Groten chapter 218 zoning 2423 Old Air. >> What was the address of that? >> It was the address 423 Old Air Road. 473 >> 423
>> 423 >> Okay. And uh I guess that's it. I don't see anything else on on in that regard. Um to uh continue uh discussing. Um I do
have uh Okay. Well, this is 4 that's 4.1. >> Okay. If you want you got it in front of you, might as well read it right now. >> Okay. Great. 4.1 202526 fall winter webinar series fall winter workshops thank you for your patience
while CPTC organizes its fall winter webinar roles and responsibilities of planning boards and zoning boards date Wednesday November 12th 2025 6 p.m.
Planning with community support. Date Tuesday, December 2nd, 2025, 5:00 p.m. Working with MGL chapter 440B. Date Wednesday, January 7, 2026, 5:00
p.m. Adopting and revising rules and regulations. Date Tuesday, January 20th, 2026, 5:30 p.m. Use of design review. Date, Wednesday, January 28th, 2026
5:00 pm. Creating master plans. Date Monday, January 12th, 2026 6 p.m. Introduction to the subdivision control law and ANR. Date Thursday, January 15, 2026
5 p.m. And that's all I have on that that's outlined. So excellent. Thank you. I mean I think the summary is that that's the citizen planner training collaborative and they've got some subdivision training that will be available to users >> and plenty of other training. >> Sure.
>> And that's all I have uh in my packet here. >> Thank you. >> You're welcome. >> Thank you. >> We've done 3.1, 3.2, and 4.1. Uh 3.3 are permit related communication decision and compliance. Uh Beth wrote no action
required. Um and we can note that to the meeting minutes. Otherwise, uh, our next meeting is scheduled for November 17th and then December 8th and December 15th. >> Kieran is our handler this evening. Do
you have any thing that we haven't addressed or anything? >> Uh, check your administrator's report should be in the folder or in the file just for some updates, other updates from that. >> I don't think I saw any >> I know she mentioned that on her way out. Maybe it's online,
but it got lost in translation. >> It was online because I did look at it. >> Just take a look at it future reference. >> I would say um you all have access to
the portal. So if you haven't already looked at it, take a look at it. Otherwise, we have to entertain a motion to adjourn. >> I'll make a motion to adjourn at 7:07. >> Is that right? 707.
>> I second motion. Second. All those in favor? I have it. Thank you everybody.