WEBVTT

METADATA
Video-Count: 2
Video-1: youtube.com/watch?v=t1QvaAWJZzw
Video-2: youtube.com/watch?v=xhf1FiJnWLc

NOTE
MEETING SECTIONS:

Part 1 (Video ID: t1QvaAWJZzw):
- 00:00:00: Meeting Called to Order; Pledge and Announcements
- 00:02:02: Discussion: Annual Town Election Results and Legal Interpretations
- 00:16:11: Citizen's Petition, Vacancies, and Board's Interpretation
- 00:33:53: Public Comment on Vacancies; Board Member Opinions
- 00:34:58: Vacancies, Special Elections, and the Annual Election
- 00:42:26: Approval of Meeting Minutes; New Appointments
- 00:43:55: Town Administrator Screening Committee Update and Dissolution
- 00:46:00: Scheduling Interviews and Discussing Interview Questions
- 00:50:54: Onyx Scarbo Project Impact and Community Awareness
- 00:55:18: Town Meeting Recap: Polling Locations and Property Sales
- 01:02:42: Senior Center Surplus Request, TCAM Agreement Update
- 01:04:18: Brooklyn Street Project and Pavement Management Plan
- 01:07:50: Records Retention Project and 250th Celebration Parade
- 01:13:51: Select Board Meeting Dates; Review and Sign Bills
- 01:15:43: Town Administrator Report: Departments and Union Negotiations
- 01:30:49: Next Meeting Date, Executive Session, and Adjournment

Part 2 (Video ID: xhf1FiJnWLc):
- 00:00:00: ZBA Meeting Called to Order, Introductions, & Conflicts
- 00:03:20: Reviewing and Updating the Towns ZBA Bylaws
- 00:04:08: Article 1: ZBA Rules, Regulations, and Purpose
- 00:06:42: Article 2: ZBA Organization, Officers and Voting
- 00:11:13: Chairperson Powers and Duties, Subcommittees, Vice-Chair Duties
- 00:14:50: Clerk Responsibilities, Membership, and Meeting Requirements
- 00:18:38: Article 3: Application Forms, Procedures and Documentation
- 00:21:06: Public Hearing Details and Timeline Expectations
- 00:22:11: Employing Outside Consultants for Technical Plan Review
- 00:29:48: Clarifying Consultant Selection and Conflict of Interest
- 00:32:01: Discussion of Clarity of Consultant Employment Guidelines
- 00:32:21: Article 4: Fees; Article 5: Hearings Notices; Hearing Order
- 00:37:09: Reviewing Decision Process; Article 5: Voting Requirements
- 00:39:18: Discussion about 40B Affordable Housing Projects
- 00:41:09: Applicant Withdrawal Rules and Hearing Schedule Requirements
- 00:50:21: Discussion Regarding Dates and Requirements Clarification Needed
- 00:51:17: Written Decision Filing and Appeal Process Explanation
- 00:53:27: Filing the Decision, Documents and Review Next Steps
- 00:57:02: Next Steps, Edits, and Review of April Minutes
- 00:57:34: Reviewing and Approving the Minutes From April 29th
- 00:58:58: Reviewing Bylaws, Zoning Tables, and Criteria for Special Permits
- 01:02:38: Mandatory Referrals and Survey Correspondence Discussion
- 01:03:35: June 30th Meeting: Brooklyn Street Continued Hearing Discussion
- 01:07:39: Meeting Adjourned: Roll Call Vote Confirms Approval


Part: 1

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--------- I'd like to call the meeting of the select board of May 19th, 2026 at 5:00 pm to order with roll call. Laura Shiffron here. >> I'm Sarah Logan here. >> Valerie Goodrich here. And Miss Shiff would like to lead us in the pledge.

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I pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Thank you. My thank you.

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>> I'd like to thank all of our veterans and our current military serving here and abroad, as well as all of our first responders here in town. They've been very active lately. um and as well as our staff and our

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elected and appointed officials and their families for helping us keep our community going. Thank you. Thank you. Um I'd like to announce that the meeting is being recorded and uploaded to YouTube and are there any other parties recording notes? Um review agenda and

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announcements. Um, if it is okay with the board, I would like to take 7.1 out of order as council is present. >> So moved. >> Thank you. >> Second. All in favor? >> I >> I >> I um and announcements. I think the only

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big announcement I have is Memorial Day is this Sunday. Eddie May sent out all the information and it's available. >> It's on the Town Townsen website. Um it's also on the Townsen Facebook page. Um there's some great activities. Memorial Day and different flag um

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ceremonies and obser obser observances. I'm terrible observ um so you know certainly for those looking to participate and pay their respects great opportunities to do that in the town. So >> wonderful. So um moving on to 7.1

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and I believe we have council here. 7.1 is annual town election results five members select board and election of additional members. Adam, can you hear us? Okay. >> I can hear you just fine. Hi, Madam Chair. Members of the board, how are you? >> Great. How are you?

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>> Nice to hear you. Can't see you. >> Uh, good to hear you and see you as well. I apologize that my video is off, but I had told the chair that uh I'm I'm squeezing your meeting in between meetings of my own and I'm traveling so apologies. >> Understood. >> Yeah. Do you want me to set the table

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for this or do you want to just deliberate as a board or hear from Adam in terms of the background and context for it? What would be helpful? >> Um, if you want to do a quick summary and then Adam canodderate, that's fine with me. >> Yeah. So, um, at the recent town election, it was approved to, uh, grow

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the board from three members to five members. Um, there's been some questions in regards to the charter in terms of timing and, you know, being fiscally responsible with the cost of an election. um while also paying respects to the you know fall primary as well as

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fall midterm elections which are going to be pretty hot obviously as a country um to be discussed. Um the town clerk had reached out to us about some dates they had in mind um and it sort of grew into some questions in regards to what is the actual timing and what does mass

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general law say and we will have a wise words from our town council um Mr. to sort of help us understand what you guys have to decide on as a board and you know what the interpretations are of you know the definitions of the charter and the law and what it sort of looks

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like for the town um as a whole. >> Does that help summarize it Adam? >> I think it does. Thank you for that. >> Excellent. Um, so with your permission, Madam Chair, I I'll be I'll be brief because I think my role is more uh

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responsive than anything else you had asked me to attend to answer questions the board might have. But you had also sent me a series of questions of your own uh which I've responded to. And so um there's there's quite a bit of um complexity as it relates to um the

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filling of these two additional seats. And that's really the consequence of a number of things. Um, number one, you have a town charter that established this process for expanding the board from three members to five members. Um,

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in in most communities, in fact, I think in every other community where I've done this, and I've done it in several, it has always been in accordance with a special act, uh, what what's often referred to as a home rule petition, a request for special legislation that will create additional seats on a select

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board. And when you go that route and when you seek the assistance of council um to prepare a proposed home rule petition um and I've done it as I said a couple of times if more than a couple of times before um that petition um at least the ones that I've drafted have

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been quite specific in not just identifying the expansion of uh of the select board but also uh the manner in which those seats will be filled, the terms for which those seats will be filled um and a lot of process procedure as it relates to not only the new seats

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but the existing seats on the board. Um, in this instance, that's not how this change arose. This change arose as a consequence of the language of your charter which allows for expansion. And more than that, it arose as a consequence of a a a citizens petition that was not

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drafted by the town. It was drafted by the citizens who were proponents of that petition. And uh the petition dictated the manner in which the the board would be expanded, but lacked some of that much of that specificity with respect to how those positions would be uh would be

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filled u procedure more so procedurally than anything else. And so that's that's sort of challenge number one. Um challenge number two is when we when we try to fill in those blanks and determine okay well in the absence of specifics in the absence of details regarding the filling of those um those

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positions um how do we go about doing it? Well there are some practical considerations and then there are some legal considerations. Um the legal considerations for example are uh things like uh upon the creation of a five member board the the the expansion from

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three to five members are the two additional seats considered vacancies. Your charter doesn't answer that question. Massachusetts general law doesn't answer that question. The term vacancy is not defined by the charter. There is a provision within the charter

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that speaks to vacancies. Most often vacancies will occur of course in a very different context. Vacancies occur as a result of the resignation of a member of a multiple member body, the death of a member of a multiple member body, the expiration of a term uh without um

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without uh an individual being elected or appointed to fill that term. Those are the usual occasions um that arise in the in the creation of a vacancy. That's not what we've got here. We've got um action by town meeting, action by the

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voters to create to expand the number of seats on the on the select board and therefore we've got a couple of additional seats um that that uh need to be filled. Are those considered vacancies? Again, we don't we don't have a definitive answer to that question. The charter doesn't doesn't answer it

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for us. Um there's then a a provision of Massachusetts general law that is directly on point that addresses circumstances where boards are either um expanded in their membership or where or where there is a reduction in the membership of the board. It talks about a process and procedure that might be

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applied in those circumstances in a very generic sense. Not with regard to any specific municipalities charter but just in a very generic sense. Um it provides some degree of specificity but not complete specificity. And so we've got that as well. And there's a question of

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whether that would apply, should apply, ought to apply in the circumstances that we've got here. And so there's a lot of that, as I said before, there's a lot of complexity concerning the manner in which these additional seats get filled. Then aside from the legal complexities,

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there's the practicalities of it. So, how do we go about filling seats in a manner such that the the membership on the board um a five member board with three-year terms um is staggered to the greatest extent possible. That was something that is something that is uh

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uh consistent with Massachusetts state law. It's consistent with some of the language that accompanied the citizens petition that was submitted to the town. And so, how do we go about about doing that practically? Um if we do it in a special election, you have the obvious challenge of filling a seat for um a new

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term, but that term would typically be co-terminous with the um the period for which an elected official um would be elected at the annual election, which of course occurs in the spring. Um how does that get addressed in a circumstance where it would be a special election? Is

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that appropriate? Is it is it is it realistic? Is it is it practical? And so there's the practical considerations as well. So, I touched upon all of this and um in much uh with much greater specificity in the communications I had with with you, Madam Chair. Um but in a nutshell, those are the various issues

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that we're presented with and and I know that we um that the the board is is grappling with whether it ought to schedule a special election for purposes of um filling these seats or whether it ought to wait until the annual election, which of course at this point won't

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occur until the spring. You guys have specific questions. >> So to Adam's point, it's really about interpretation. Mhm. >> And as a board before you, you quite literally have the option to interpret

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it as we want to do this, you know, with the cycle of annual town meetings or we want to do it, you know, with the interpretation that we can do it now, but based on the schedules revolving around midterms and primary elections.

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>> Well, I know that we I may >> Yeah, absolutely. I know that we discussed at length trying to piggy back onto either the spring the September uh primaries or the uh November

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elections already adding a lot of money to the town clerk's budget for elections. So that >> that's not possible >> is not possible for what we found out. But this that is what we were entertaining um before. Now with the way

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our fiscal situation is financially, it may just be better to wait until spring and just do it at the annual and then by then you'll have figured out well how are you going to do the staggered terms and who's going to be

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what when. Adam, if if you can um just expand, I know you've advised this in some of the um discussion you have with me. If it was at an annual, would it be a 321 situation most likely? >> Right. So, you're you're going to have

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you're going to have a um a position on the board that is a three-year term position, one of the existing petitions. I believe that it's Lor's position uh that will be up for reelection in the spring. And so, obviously, that position would be on for three years. um the way that this typically occurs and in fact

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it's an example that's given I cited a secondary source um in the materials that I sent to you Val um uh Madam Chair um there's a there's a secondary source that gave an example of how you would fill two additional seats on a select board with three-year terms and the

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example it gave was the term of the member that is up for re-election would be the three-year term and the other the other two positions would be two and one-year term terms so as to provide for as much staggering as possible. Um, you know, there's this issue as well of um,

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and I don't know the extent to which it's of any interest to the board, consistency with the intent that was expressed in the citizens petition that got submitted to town meeting last year. Um, there was that the citizens petition itself was uh, fairly fairly

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comprehensive, fairly verbose. Um there was the the simple article itself that as I understand it was voted, but then there was additional language expressing a request by the petitioners that uh these positions be placed on an election

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ballot within 90 days and that one be for a three-year term and one be for a two-year term. Um you'd be doing it somewhat differently if you didn't if you didn't uh proceed until the annual town election. And if you uh if the positions you placed on the ballot were for a 2-year term and a one-year term,

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again, that aligns with and is consistent with the the the guidance under Massachusetts general laws, the secondary source guidance and the language of the statute, what it would allow, but is arguably somewhat inconsistent with the language of the the citizens petition. So, you

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know, there there's there are conflicts here no matter how you slice it. Um, and I I highlighted some of that in the in the correspondence I submitted. Um, I I do want to say I said this in my in my email correspondents as well in in my mind. I don't think that this ought to

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be a determination that is made based on what the board wants to do or wishes to do or thinks would be um maybe the most financially responsible. And that's not because I don't appreciate the the the financial situation of the town like so many other towns. I I I am very

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sensitive to that, particularly um as we wrap up town meeting season and so many failed overrides in so many communities. I I very much get it. Um but I think in terms of the legal analysis, I think it's really up to the board to look at these two interpretations to to use that term that I think I used in my

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correspondence and and and Kieran just used as well. And Kieran summarized it very well in a in a follow-up email he sent. You know, one interpretation is and I'm going to quote a little bit from your email, Kieran. I think it was well written. You know, one interpretation is treating these two new seats as

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immediate vacancies. It's the board saying, "We believe that these are vacancies. We understand that the charter doesn't define that term, but that's how we're considering um them to qualify. And as vacancies, we're obligated to hold a special election um if there is no annual election within 90

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days." And and there isn't. And so, we're going to conduct a special election because we're obligated to to fill vacancies. That's that's interpretation or option number one. And then interpretation or option number two is saying, well, you know, we don't we

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don't believe these to be vacancies because they're not the types of vacancies that uh were we're used to dealing with. We don't believe that that was the intent of the drafters of the of the charter um dealing with a situation where board membership might be expanded. And so instead of um treating

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them like vacancies, we're going to treat them like just a traditional expansion of a board, we're going to look to the state statute that deals with expansions of boards. And that state statute doesn't require us to have a special election and in fact suggests that in in keeping with this concept of

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alignment of terms um and staggered terms um suggests that we do this at an annual election. And I think those are the two options that you have. Um, and I think that that that's that's what my recommendation would be that that's what the board's decision should be based

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upon. not um not issues of what it wishes to do, what's more convenient to do, what's um what's less costly to do, but which interpretation it is choosing among those two because I I I think you have it um on somewhat good authority

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that you may be challenged um with respect to the choice you make and the defense to that challenge is going to be which of these options you chose and the legal basis for that option. it's not going to be and it shouldn't be that you chose an option because it was it was less expensive for the town or because

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it was the the the consensus or preference of the board. >> It's also honoring what the citizens petition was approved for at town meeting and then again at the ballot. So like if if a citizens petition said we only want the building open one day a

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week and we voted at town meeting and then voted at the ballot to just shutter operations, you'd have to honor that just like if the marijuana bylaws, the buffers had been taken action on and voted upon. So you sort of got what you

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were asked to do by the residents that advocated and fought for this. And and all I would add all I would add to that Kieran if I could is there there's there's a slight nuance here I think and that is and and it's consistent with advice I give in other

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contexts right so there are warrant articles that come before town meeting where the single sentence comprising the warrant article is to do something very specific or to make a change to a bylaw for example and then maybe in additional

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language maybe in a summary page that is attached to a citizen's petition or maybe if it's not a citizens petition, maybe it's something proposed by the planning board. The chair gets up and explains the objective of the article and then the article proceeds and it passes and then sometimes after the fact

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I get the question, well the article simply says and they'll read me the one sentence, but the chair got up and said that the intent was this or the citizens petitioners submitted this additional language, this summary sheet, this explanation that explained that the intent was that. What's binding? Is the

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intent binding upon us. And my legal answer to that question is generally speaking, no. The intent is not binding. It's the plain language that is binding. There are circumstances in which if we were to ever litigate the meaning of something, the intent might come into play, but sometimes it doesn't even come

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into play if the plain language of the the one-s sentence adoption is clear and unambiguous. And so the the the the the complication with respect to the citizens petition is the citizens petition itself expanded the membership

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to five members and it it it it spoke about staggered terms. Um it it didn't get specific as to the timing of an election that was in sort of language. It was in the petition in terms of the paperwork that was submitted to um to

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the to the to the town to the board for inclusion on the warrant, but it actually followed the phrase or take any action relative there too, which is kind of the catchphrase we use to conclude a warrant article. It was like the next paragraph said, "And we request that these seats be filled at a at a at an

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election to be held within 90 days." Or words to that effect. Again, I don't have the paperwork before me, but I would view that language, especially in in in the way in which it's drafted, where it says this is this is what they're requesting. It doesn't demand it. It's not part of the warrant article itself, you might say, uh, in light of

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where it appears on the page. Um, I would say that that's non-binding. Now, does that say does that mean ignore it? I'm certainly not saying ignore it. This is a political question the way it always is. when you know what the voters want because it's been expressed to you in a petition. Um, I can I can make

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legal arguments um, you know, for for an hour and a half about how you're not obligated, you know, politically, practically, are you obligated? Should you fulfill the the voters's in intention or perceived intention? That's a question that only you can answer. So I agree with Kieran in saying that the

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voters were were pretty specific, the citizens petitioners anyways themselves in saying that they wanted these seats to be filled at a special election and they even said when they wanted that special election to occur. Um whether or not you fulfill that desire, that's up

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to you. >> I'll add one complication to this, which is this, you know, this seems to be our feet to the fire rushed because we have two elections in the fall. If you remember the last time there was vacancies in the board, it was in

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October election. Was it October when you and >> November 16th? >> Yeah, November 16th. So, you know, we wouldn't have this rush to make >> the thing that's been frustrating for me is is we had an election and the day after I started getting here's the

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potential dates and I was like, well, we haven't had time to meet, haven't had a chance to discuss, haven't had a chance to discuss with council who's in the middle of town meeting season. So that there's a lot of pressure to make this sudden decision where if we didn't have those two elections in the fall, it would be easy to say, "Oh, look, you

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know, this is within the six months to do a September, October, everybody who's interested in running will have the time to get out there and run." So it's it's a difficult decision to make right now because of the time frame. And

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>> Adam, can you just um confirm that um the director of the elections division, Miss Tessinary, did say that this does not create immediate vacancies. Was that the state's determination? >> So that was not the state's determination. So and and I I want to

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put this into context. So the the the the state is always cautious. I mean it's it's it's like it's no different really than any other context in which I I contact um state administrative agencies or state officials and seek

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guidance um with which I intend which I intend to use to provide legal counsel to the communities I represent. Those officials, those agencies um may give me opinions. they they they may give me some insight, but they're often not going to go on the record and

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and offer opinions, particularly not as it relates to um matters that are not within their purview. If you were asking, for example, the elections division about a state election, I have absolute confidence that the the director and legal counsel to the elections division u would provide uh an

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an official opinion. um when asked about local elections and specifically not local elections for for a state ballot question or for uh for a state primary um but but a local election for for local seats. Uh they're going to defer

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it to town council. They may provide some generic guidance and and and bring to the attention to my attention or the attention of whomever it might whoever else it might be that's corresponding with them. They may bring to our attention um certain provisions of law that that that could shed some light on the issue. Um but they're not going to

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provide official opinion. So Michelle Tasinari, who is the director of the elections division and uh general legal counsel for the elections division, um is an incredible resource. I I I hold her in very high regard. I communicate with Michelle with some frequency during election season. Um she's quite

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knowledgeable about these sorts of things. uh she communicated via email and I was I was provided these emails um by the town clerk. She communicated with the town clerk by email uh in an exchange relative to whether or not uh there was one of the issues was whether or not there was an obligation on the

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part of the town on the part of your board to schedule a special election. There was another issue that I think was a miscommunication because it suggested that I had that I had gone on record um advising that an an that a special election was the same as an annual election or that a a non-cycle election

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could be the annual town election, which is not not advice I ever gave. But that that aside, um the question was asked of her, is the town obligated to conduct a a special election? and the town clerk um pointed um uh attorney Tasinari to

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the to an opinion that I had given um back in March where I advised exactly what I'm saying now that one interpretation here um and and maybe the preferred interpretation would be or the safer interpretation would be that um that this is a vacancy the these two

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positions are vacancies and they need to be filled by way of a special election and um attorney Tasinari's comment was that she wasn't so sure and I I I paraphrasing. I don't have her exact language in front of me, but she was not um necessarily persuaded that that was

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so that the creation of two seats automatically created a vacancy. Um she she noted that there is a statute on point, that's a statute I made reference to just a few moments ago, um that deals more generically with the expansion of boards and that that doesn't speak to

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filling these boards um in the manner that the charter would require for vacancies. But she was quick to say um that that the town clerk uh and andor your board ought to consult with town council because this really came down to a question of what the charter says in

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potential charter interpretation and the interplay between the charter and the provisions of Massachusetts general law. So she was careful not to go on record and say um you you don't need to have a special election, but she she did raise a question as to whether a special

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election was necessary. So, just a little bit of stuff to chew on there. What's the first? I mean, I can offer my opinion as now within the next three hours a non dunible select board member that if it

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were my town, I would feel beholden to what the residents asked for just as a primary example. But that's just my take on things. As your town administrator, I echo what Adam said in terms of fiscal

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responsibility. Though that's not a great reason, it is a very common reason that some towns wait for annual cycles. Um, I do recognize that the folks that are really eager to have this may not

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like that philosophy and we just sort of have to deal with that. um you know and it will it'll change the tune of um of sort of collaboration and it might be a little bit adversarial if we we don't fulfill their obligations if you will.

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Um but you know as as the executive board this is truly a very unique decision in front of you guys to decide how you want to roll this forward. um full well knowing, you know, we've had a glimmer of summer the last few days that

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most people check out a reality for a few days in the summer. And we may see that with families and work and people that want to go fishing or farming, whatever they're doing in the summer. You may not have a lot of participation um which could, you know, reduce the power of the

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election. um in terms of having participation from other from all all walks of life in town rather than just those that didn't go on a you know vacation to the lakes or Cape Cod or whatever we do. Um >> I definitely agree with you on the on the timing of summer doesn't seem the

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best time to get the most amount of people interested in town politics. Um, is it also my understanding that if it did happen over the summer, one of those positions would only be for like a six-month term until the next annual election. >> So, that is not clear based on what Adam

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said. He go it sounded like the citizens petition and Adam, you can still hear me. I had to turn the AC on here. It was getting a little toasty. Um, it sounds like it'd be a one-year term and a two-year term was sort of my understanding of it. >> Yeah. But then there's an annual election. >> There's an annual election. It sounds like somebody would have to only be

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serving until that annual election. So they get they get elected. >> Can you jump in on that one >> because when >> right so so so it's not it's not clear how this would work. Um so if if what is clear in my mind and again we can debate

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consistency with the intent of the citizens petitioners versus um what would seem to be the prudent uh terms to select for incoming select board members if we were to conduct the election in the spring at the time of the the annual

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town election. I think the appropriate thing to do if you were to go that route would be to place three seats on the ballot. Lor's three-year seat, whether it's her running for re-election or it's somebody else, as well as a two-year seat and a one-year seat. And and those would truly be one, two, and threeear

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seats because they would run from the date of the election for periods of 1, two, and three years, respectively. >> The complication ar the complication arises if you were to have an off cycle election, if you were to have a special election. when you do when you when you conduct a special election for a seat

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that has been quote unquote vacated, and this is why I draw the distinction in terms of the the use of the word vacancy, when you when you have a special election for a seat that has been vacated, um we had one for I think it was Mr. Shank's seat when it was vacated, it's for whatever's left in

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that term. So regardless of when you have that that election, whether you have it a week, a month, or 3 months after the individual vacates the office, you know, the date certain which will align with a an annual election cycle when that seat that has been rendered

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vacant will be will be will be open, will be up for election again. You know that date. And so when somebody runs for that seat, they're running for whatever's left in that term. In this instance, in this instance, if you were to have a special election, let's say for argument sake that you have the

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special election uh in August. Well, you you you can't run the terms August to August. The terms run to the date of the annual election. And so to your point, if you're going to try to prepare for having a one in a two-year

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seat in addition to Lor's seat being on the ballot in the spring, well then what what what do you what do you have what are you putting on the ballot in in in August? Is if it's those same seats

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and you're still trying to stagger the terms, you're going to have seats that essentially are being run for for a period of months. It's either going to be for, to your point, maybe seven or eight months to get you to the annual election in the case of one seat and then a year and seven or eight months in

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the case of the other seat to get you to the next annual election. >> Um, I think that's probably how it would need to be done. I I actually I'll be I'll be candid. I I I've never done I've never done that. And so I wanted some guidance. Um I wanted to see if Michelle

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Tasinari had any thoughts in that regard. Um I I I suspect that she she she may have some concerns as well. I reached out to her in fact uh this morning knowing that I would be meeting with the board uh tonight and uh she's out of the office for several days. So I

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wasn't able to connect with her. So um so I I I I would if that's the route that the board chooses to go, I will need to consult further with the elections division uh to ensure that we're not um we're not running a file of any guidance it might offer. Again, um this is a a local position, so I don't

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know the extent to which I'll get any kind of a definitive answer, but she may have some thoughts as to how this would work. >> Okay. And is there any anything stopping us from instead of doing it over the summer, say doing it after the federal

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and state elections in November, end of November, December? >> Well, I think the only thing that's stopping you and and I'm I'm I'm sorry. I'm I'm engaging in a dialogue and not through the chair. So through you madam chair if I could respond to that question. >> confusing topic.

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>> Um so um so I I I think that I think that that's the issue if you're if you're choosing the you know option one as we describe them or alternative one um you're choos you're supposed to be choosing it because you've made a

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determination that this is a vacancy and it requires a special election. If you haven't made that determination and it's not a vacancy, then why are you doing it at all except doing it in the in the spring? So, if you made the determination that it's a vacancy and it requires a special election, well, then

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the the the charter is clear about how that process works. And the charter is clear in saying, and I might have erroneously made a reference to to to 90 days before because I'm confusing it with the language that was included within the within the warrant article. The charter says for vacancies if there is no election to occur, I think it's

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within 6 months that you have to have a special election and it requires it to be to be scheduled forth with. I'm looking for the exact language here. I'm now I'm now pulled over so I'm looking on my phone, but the the language is specific. >> So that's October. Yeah, it says where

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the where the next annual town election is not to be held for not less than six months following the date of the vacancy, the remaining members of the select board shall forth with call a special election to fill the vacancy. So, you know, when that term fourth width is used, we attorneys love it

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because everybody looks at us and says, "What does that mean?" And we say, "Well, you ask 10 attorneys and you get 10 answers, right?" So, um, it it it's supposed to mean with with reasonable expediency, I guess, is how I would describe it. As soon as possible is sort

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of what forth with means. So, you know, does doing it in does doing it in October mean um is that is that forth with? I guess that's up to you. >> Yeah. Interpretation once again, which is fun. >> Yeah, >> there's we do have a hand up for Cindy.

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I'm like really quick like 30 seconds question if you want to ask one. No, I just wanted to speak as the chief petitioner and to say that in when we did the petition, the wording that that optional non-binding information about

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dates, we we put in that the two terms for these so-called vacancies would end one in 28 and one in 29. So there was no wishy-washiness other than to say that it's non-binding. But we the date we put dates when when the motion was made on

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the floor and town meeting and it was voted on it was ending the one term would be ending in 28 and one term would be ending in 29. So nobody was going to get elected for 7 months. Well, that was too >> I think the question here is is now the

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the actual legal, you know, nature, but which we have to perceive. >> I don't think it's created vacancies based on what I've read as my opinion. Anybody else have an opinion? >> Lori,

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>> I don't think they're vacancies. They're not created in the way we've normally done it. And as Adam said, he's never done it before. I don't think they're vacancies. I think they're request

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of the people, but also kind of convoluted because I don't remember the 28 and 29. Was that part of the warrant article? >> The motion is what you need. That's why I have slowly. It's at the end.

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>> That was the vote at town meeting. >> I was just looking for the motion. Thanks, Cindy. and and mad madam chair, I don't I don't actually have the motion before me, but I I if I recall and and um again, >> I'm I'm trying to remember what I wrote

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uh in part this morning, but I think it was actually April of 27 and April 28 because remember this was adopted by town meeting not this year, but last year, right? And so I don't think I don't think the citizens petitioners necessarily recognized um nor should

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they have necessarily, but I'm not sure that they recognized that the two steps were going to take the amount of time that they did because after it got passed the town meeting, it then needed to be added to the annual town election um ballot um which didn't occur until the following year. And so even though

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this got passed last year, it's not until this year that it passed at the ballot and now we're looking at how to implement it. And so I think the dates were actually April of 27 and April of 28. So I will concur with Miss King that she did she did provide or the citizens petitioners led by her did provide

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specific dates. And so that does add some clarity that although it refers to terms of years, the expectation was that those terms of years would be rounded off so that they concluded at the time of the annual elections. But 27 and 28 wouldn't really work now because if 27

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would mean that it would be I guess they could work but it would mean that you'd be running potentially in August or September or October for like an 8-month term. >> Um the exact motion should this article pass both annual town meeting and annual town election. We request request then

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election be called within 90 calendar days to elect one select board member for a 30-year term ending at the annual 10 election in April 2029 and one select for member for a 2-year term ending at the annual 10 election in 2028. >> Okay. So that must have been adjusted in the motion because it's not and I'm

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looking I'm now looking at um at least a a retyping of the of the um of the ballot question and it has it has 27 and 28. So it sounds like the motion said 28 and 29. >> Yeah, we did adjust it on the floor because we realized that the uh the

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short dates made it impossible. >> Yeah. So the ballot >> Okay, that's great. >> Ballot question did not read that way. >> The ballot question the the ballot question doesn't get that specific. Again, this was language that followed the warrant article and the ballot question also doesn't isn't verbatim the

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warrant article. It's a ballot question. So the ballot question didn't specify. It just asked the question of whether the membership should be increased. >> But if we did the one and two-year terms at the annual election in 27, then it would be to one year term till 28 and

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two-year term to 29. >> Mhm. >> And then if we did as a special, if we did a special, you'd count out one year and however many months. So it would be, you know, if it was that next, >> you'd be August 26 to

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>> April of 2028 and then August of 2026 to April of 2029 >> and then your staggered terms would just cycle off that. It would be the kickoff of the staggered terms. So there'd always be variability to it. >> So So I do like if that's again this is

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a majority vote of the board. I I know that the town clerk has indicated a special election would be very difficult after the end of July, which I think is why we're feeling rushed to this decision. So, um, we would have to work with the clerk if

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we decided a special election the exact date. I know they put it out there as the end of July is the last possible one, but >> I don't think this summer is the right time with all the travel. >> I was just going to say that, too. I mean, people aren't going to be around.

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Is that fair? Is it fair to candidates, Stephen? to give them enough time. >> Most of them are doing >> So I guess the question at hand is is that does this board feel it's vacancies that need to be filled with the special election or are they is it an expansion of the board to be filled at the annual

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town election next year? >> I do not feel there are vacancies and it just should be an election at the annual town election next year. >> I think it would be cleaner for staggering purposes too. all three at at the annual and not have

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an additional election. But just my opinion, we have to take a vote. >> I may give you one opinion on three members being up all at once >> is the quorum of the board changes.

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>> Yeah. Oh, I know. I review So, um, how do we want to word this? Do we feel like we've had enough time to discuss and vote on this tonight? I guess that's the first question I have. >> You could also go back and check with

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your neighbors and residents in a bit. and say, "All right, guys. Let's come back on June 2nd with a firm decision one way or the other after mulling this over." Not necessarily kicking the can

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down the road, but letting it all >> I recognize that this creates logistical um challenges for the clerk's office. I understand that. And and but I also don't want to do this wrong and force us into a decision which we then realized was the wrong decision.

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>> I'm okay thinking it over and waiting until June 2nd. I am too. >> And I I'd recommend you go talk to people, see how they feel, >> see what people >> I mean, now that the discussions in the select board and hopefully >> and it's all out there. People should go to this video and listen to what Adam

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>> and they voted for it. So those people who voted for it should let us know. Reach out to all of us. >> Yeah. Yeah. I'm comfortable with that. >> Memorial Day is a great time to ask people, what do you think? People be out and about.

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>> Okay. survey the ground. >> All right. >> Bring it back for a vote at next meeting. Okay. Great. >> Thank you. >> Thank you so much, Adam. We appreciate it. >> You're welcome. And just to add to that um to to that sort of wrap-up, I will continue to um to reach out to Michelle

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Tessinari. I'll hopefully speak with her at the end of the week when she is back from a few days uh out of the office and see if she has any further guidance. And if she does, I'll pass that information along to to Kieran and the chair and um and and you can circulate it amongst yourselves and and consider that at your

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meeting in June. >> Okay. Thanks, Adam. Appreciate it. >> Thanks. >> Sure. Thank you. >> Okay. Guess I'm going back up to number four. >> All right. I Sarah Logan move to approve the

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meeting minutes of 42826, 5526, and 5726. Laura Shiffron second. >> Any discussion? >> Laura Shiffron, yes. >> Sarah Logan, yes. >> Val, yes. 5.1.

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>> I, Sarah Logan, move to appoint Veronica Kell as a full member of the Townsen Affordable Housing Trust from 51926 to 6:30 2022. >> Second. Laura Shiffren any discussion.

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Okay. >> Laura Shiffren. Yes. >> Sarah Logan. Yes. >> Yes. 5.2. >> I Sarah Logan move to appoint Jeffrey Moon as recycling attendant one to the recycling center with a start date to be determined and contingent upon the

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successful completion of all employment requirements. Laura and second. Any discussion? No roll. >> Laura Shiff, yes. >> Sarah Logan, yes. >> Yes. And welcome to Jeffrey Moon.

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>> Um, now move on to six. Unfinished business. 6.1. >> Hi, Sarah. >> Not yet. >> Sorry. >> I like that automated roll. We're going >> up. Okay. Sorry. >> This is an update um from the town

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administrator screening committee which I'm going to read. take the board. >> Yes. >> Um, this is dated yesterday, May 18th, 2026. Members of the Towns and Select Board, over the past two months, we the members of the town administrator screening committee have worked together

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to review and screen candidates for the position of town administrator of Townsend. The committee identified four key areas in addition to the minimum qualifications. We agreed that our focus on these areas could help lead to success in the role based on the current administrative environment in town.

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Number one, qualities that would encourage commitment and longevity. Two, processoriented leadership. Three, risk adversity. Four, strategic vision and planning. Our interviews focused here knowing that any candidates we supported would then go through an additional interview with the select board with the

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unique lens on qualifications and skills needed for success. We received an initial 16 responses to the detailed job posting. Of those 16, the committee offered screening interviews to four applicants. In response to that offer, two of the

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candidates withdrew their applications. We interviewed the two remaining candidates and concluded that both should be forwarded to the select board for final interviews. Both candidates were informed that they could move forward to the select board and accordingly their names would be released in public meetings. We are pleased that both agreed to continue

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with the interview process. Attached are the applications for both candidates, Alexander Lauder and Kieran Nin. We believe that this concludes the work of the town administrator screening committee. Sincerely, Valerie Goodrich, Stacy Shutler, and James Sard. >> Let me thank you for your hard work.

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>> Yeah. And thank you to the library director and police chief, too. They were instrumental in really preparing that process. Um, so I think first I'll take a motion to dissolve the town screen committee if it >> so moved.

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>> Second, Laura Shiffren. >> Roll call. >> Laura Shiffren, yes. Sarah Lugan, yes. and Valerative Jess. And so now, is there any discussion? Do >> you want me to leave? >> Sit here and be quiet.

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>> Um I >> Are we doing the interviews now? >> Well, we're going to we're going to have to schedule them now. We need a motion to request that. Um it it was we did get it down. I mean 16 four Rockford screen interviews two and

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through. So what you see is what you get. >> Okay. >> Any questions on the process >> to a meeting or >> Yeah. So it would be >> launch previous meetings or something and decided they didn't >> So I've I've submitted to you all a draft set of questions

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>> if you wanted to go through that. Um they were kind of the questions of the screen were like I said in those four areas. These questions are much more specific to how the time manure works. specifically I think um I didn't know if you wanted to you can make some

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revisions to those pass them on to Sabrina how we'd like to do that um would people be available for interviews next week >> possibly Tuesday or like we might just have to circle up a Sabrina on some availability and just have a meeting for interviews if that

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works for everybody. >> Um do you want to do that on Zoom? Um, I think it's best to do in person if possible, but if one could do it next week. >> No. Could you do it over Zoom? >> I come back on June 1st.

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>> Oh, excuse me. I come back on the 30th. >> The 30th >> because I'm here for the the show. >> But during the week, I'm not here. >> It would be a heck of a long line meeting of a second, but it's up to you guys. We have we do have the time pressure of

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the interim time contract is up on July 10th. as a dualpronged response here. >> So, does it have to be um at night? >> Um

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you have >> complications. >> I could do Friday possibly during the day. >> During the day? >> Um I I think I can what? >> What day? >> You can Friday. This Friday.

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from other weekend. Um >> yeah, that's why I'm not here. >> Yeah. >> Yeah. I've been doing negotiations all day Friday. >> Um >> and we can't have Lori join us via Zoom. >> I mean, if Lori felt comfortable doing via Zoom, I would just want the candidates here. That would be my only >> I can do Zoom.

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>> If Are you comfortable with that for this process? >> Yeah. >> Are you sure? If we did it um like Tuesday, >> I can try >> I can try >> three hours behind you.

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>> And coordinate that with see if the candidates are available. Is that right? >> Okay. >> Yeah, >> but no, >> you're not. >> I know I'm not. >> But >> that's going to come up at the end in the TA reports about having to use time off. I mean we can we can also do if we

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want to split up we can do one next just an hourong meeting just for that candidate and then oh on you're gone the week >> no just parts of the day for like doctor's appointments and things like that. Oh,

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>> on the 26th. Okay. Is there a different >> You need negotiations? >> 25th, >> Monday. >> That's Memorial Day. >> 28th. >> June 1st, >> Monday.

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>> Uh potentially. Yeah. >> Why don't we >> Why don't you work on that? >> We'll work with that. And so if you um want to make your motion Sarah and then just put a to determine. >> Yes. So I Sarah Logan move to approve the recommendations of the town

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administrator screening committee and invite the candidates um hearing Mihan and Alexander Louder for an interview with the select board on a to be determined date and time. >> Laura Shiffren second call. >> Laura Shiffen. Yes.

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>> Sarah Logan. Yes. Yes. exciting. Good luck. >> Yeah. >> Um 6 point Oh, sorry. Did you have something else that I was just >> I don't know. I if if you if you can

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consider doing it not in our Tuesday the second. >> Yes, I think that would be nice. >> I think that would be great. Yeah. >> And also that would give us time to do an executive session afterwards to discuss amongst ourselves. >> Okay. That would be nice. >> Okay. If you guys are okay with that. >> And if the other candidate has a date

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that works too, we don't have to do them together. >> Yeah. We could just have Sabrina email each candidate check. >> I'll Yeah, we'll respond and Sabrina will get that. >> Great. >> We do have 48 hour posting rules. So, >> Yep. >> Okay. >> Okay. Um 6.2 Ony on Scarbo project in

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Mason, New Hampshire. So, um I attended the last planning board meeting in Mason, New Hampshire regarding um a very large project that is in um gravel production facility that's um proposed to go into Mason, New Hampshire. Um the

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main trekking route would be route 13, which would bring it right the heavy drum trucks right through downtown Towns. Um there's some debates if it would be 50 a day, 100 a day, what days of the week. It's all kind of in flux still at this moment. Um Brookline, New

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Hampshire is also heavily affected by this even though it's a Mason um planning board and zoning project. Do you want to >> want me to elaborate >> just a little bit? Yeah. >> Yeah. So, you're looking at probably 50

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truckloads a day, both empty and full of large aggregate type material. Um, when I was running out to get my Monster Energy drink for before this meeting, I sat at the light while a very large truck took a right turn to go past town hall this way with a very, very large

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excavator and having to watch them sort of navigate a truck backing up because they were going to take a left turn and then as the truck's coming this way, um, this is something that I encourage folks to really chat with their residents as

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well as with other um, you know, other towns. other constituencies in Brooklyn and Mason about what this means to towns and as a whole. Um because I think we're in kind of a precarious spot where it feels like it's going to happen no matter what and we're just going to be

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left to deal with the consequences. It's a 10-year gravel excavation project. That's a heck of a long time for um something to be this rigorous on your town, on your roadways. Um, you'll see farther on down the agenda that we're about to get a full pavement management

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program for Brookline Street only to have it paved for the 10 years of aggregate roadway damage to go on, which almost seems kind of silly. Like, why are we spending you mass DOT money on a roadway that's just going to get pulverized by trucks? I know that's part

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of a rural community in a freight quarter, which is what this is identified as. Um, I'm just concerned for what it means to your little town center here and the the rigor that it adds to the traffic already that's pretty busy most days. Um, and and where

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to go from here. So, >> so the um because it's also interstate, you know, the New Hampshire project in Massachusetts. I think we would have a little bit more say if it was just Massachusetts with um our, you know, representatives and constituents at the

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state house. So, at this point in time, I think Brooklyn and Mason are both very appreciative of the number of people that stole up to those planning board meetings because they're ultimately going to vote on this project. So, I would encourage >> Well, they haven't voted yet.

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>> It hasn't had final approval. Their next meeting is scheduled for the 27th >> and that's in Mason, New Hampshire, 7 to 10 p.m. >> Yeah. for those that can go. That's a better meeting to attend than a job interview

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for you guys and your prospective TA just food for thought. Like that has more impact on the community than >> any candidates you have. >> And um I'd put out that word to the planning board too. >> Have you seen the logging trucks? >> Yep. >> For the last few months from Barker Hill

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Road. >> So it's it's it's a big project. Brookline is even more effective than us. it goes, you know, by their beach, which is their main social outlet, Park Maper Barn. So, >> yeah, >> just I would encourage people to reach out to the Mason Planning Board with

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your thoughts. Obviously, you can give them a public comment outside that meeting if you can't attend it on the 27th. >> And I will be there on the 27th. >> I'm sorry. Start at 6:30. >> Uh, >> this is select board meeting. >> Okay. >> Which meeting are you looking for? >> Zoning board.

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>> I think that's downstairs. So, you might be all right. You can grab candy on the way out if you need it. Um, thank you. >> Um, so that sort of covers that. >> Yep. >> Kind of. It's just a big project. I know

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there's one resident in Mason who's really impacted by it. >> Kind of goes around his entire project. >> He usually >> Yeah, it's a large project. >> Reminds me of what like the Green Bay Packers did. And there's one guy who's like holding out for his house >> and everyone parks there for like football games.

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>> They're just coming. I feel bad for the resident. So, >> so going back. >> Anybody out there? >> All righty. Um, new business. We did 7.1 7.2. I'll let you start this off here. >> Yeah. So, we had a great town meeting.

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Um, you know, we were just under three hours. It was one evening. Um I think as a whole we had around 125 or so um residents join us. Uh we had a number of department heads and you know just non uh voting members join us. You know as a

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whole the budget passed a variety of the articles passed. The two notable ones that led to a lot of debate or actually three to a lot of debate was one the polling locations and I believe that ended up passing. So that will enable the select board to you know pivot in

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the event that there's a blizzard and we need to move a polling location from you west towns and reading room to the west towns and fire station which we know you know is a first responder space and we'll be clear. >> If I can on that I'd like to invite the town to one of our meetings later in

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June to discuss those polling locations so we can just all agree on the same page and just put the policy forward. Easy. >> Yeah. And I think um you know having their understanding because we we work closer with them to post those ones. So that's really important. You know there was also a really good uh mention from a

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resident who's like well if you're going to post it on a board that I can't actually flip through the pages which I thought was actually remarkably smart. I'm like that is so true. So um >> can't really read it. >> Can't Yeah. Like you know I can't flip through it if it's behind glass door. So, um I actually found myself trying to

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wonder like is it being we get more to QR codes so they can scan it with their phone and then flip through. I'm not sure. >> Yeah, I think that's definitely a summer we'll get with the town clerk meeting, figure out where and put those locations out there and then only subject to change if something changes, >> right? >> Yeah.

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>> Um you know, the two um the sale of properties was the real hot topic and I think most people were eager to chat about that at the end. um you know the takeaway from uh folks you know gave us their input on west towns and reading room and perhaps the opportunity for its

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own committee and ad hoc committee type to form um similar sort of deferred maintenance and you know questions in regard to the heart library and what what could become of it um you know just walking out I know folks were like hey can we write grants could you know

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auction off the stuff that's in there um so I think there'll be some decisions before the board to decide if you want to you give a thumbs up to some ad hoc committees for each of those buildings and maybe a timet say hey you know we're going to give you a year to come up with a plan here's your here's your bite of

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the pie and go um >> I would suggest that for June >> y so I kind of put two draft ad hoc committees out there for you guys to start looking at >> it's they were newly put so we can rough rough drafts but just you know

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>> basically put out the mission and then um we can bring them to maybe June 2nd, >> either June 2nd or June 19th if you just want to give you real time to see what the again check with your folks say you know folks that gave >> you know kind of a passionate plea to

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say let's not just dispose of these buildings you know here's why you know this is their opportunity to um kind of bake out their own plan and bring it forth so you can consider it >> there's two things to consider though is those vacancies have to be posted because I've received dozens of

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responses from people who are interested so that everybody has a chance to respond to those vacancies once they're posted. >> And um in regards to that, I think a couple people have indicated a nice to do would be to allow for volunteers to come in and clean up the

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weeds in areas around those buildings before Memorial Day. >> So I I saw that I can't remember if I responded or not to it, but I >> I think that sounds great. Of course, my head goes to risk reduction for the town and liability, but then also even more

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so accessibility for all. >> So, um, you know, the buildings aren't, you know, if I had just blown out my ankle, I may not be able to get >> up up the stairs at the West Towns Reading Group, there's a beautiful ramp there, but if I guess I just want to be make sure we're inclusive of everybody

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when we think of here's volunteer opportunity, but it's not fair to every I don't know just trying to think of our COOD friends when that comes to mind. I mean, I would like to allow to say Memorial Day celebrations are Sunday if

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volunteers want to come out Friday and Saturday clean up outside of Heart Library. >> Well, um you don't they don't do the same thing on Earth Day, >> correct? when people are filling up the garbage bags that they drop off for for

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all the trash that's up and down the different road. So, if this is a pure volunteer opportunity, >> yeah, I hadn't thought of the >> You can have them do their at your own risk >> thing where you know,

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>> I'll also see if I can put up a no parking sign at the heart library because >> we have some folks regularly parking there. they were doing it all winter long. I kind of said, "Oh, it's because of the snow." And now I'm like, "Well, now it seems to be coming up parking lot for folks for overnight visiting." >> And I think that, you know, in the honor

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of the boat of town meeting, just allowing people if people are interested in coming out and making that building look a little better for the parades going by. I'm fine with that. >> I mean, it's summer now. You don't have to deal with ice and snow. >> Yeah. So I mean I I'd take a motion to allow volunteers in the exterior of the

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West Hunter meeting room and part library on Friday and Saturday. It'll be May. >> Hi Laur 23rd and 24th. >> Sarah Logan second. >> Any further discussion? >> Just make whatever you need to do Karen

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to make sure there's no liability at your own risk. You you follow all your while you're cleaning up. We do have >> I won't be there. So I wish you guys all the best. >> I mean similar in similar to spirit is Earth Day when people are walking around streets and picking and that is a town

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sponsored. So >> okay >> Sarah Logan yes ownership and yes >> target is yes. Anything else for town meeting there? >> No. Um, we may hear back from our

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planning and zoning friends in regard to the marijuana take no action buffer um, articles. So, um, perhaps there'll be a fall town meeting to solidify those things, but maybe not. We'll cross our fingers and see what shakes out. So,

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>> not that I haven't yet either, but doesn't mean it >> Yeah. >> won't come out of left field on me. So, >> okay. >> Um, okay. Good with that. >> So, moving on. 7.3 surplus request for the senior center freezer dishes. >> Yeah. So, uh senior center has an old

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freezer to dispose of as well as dishes. Um so, you could u move to approve the surplus request of the senior center to dispose of the freezer and dishes as presented. >> So, move ship and second. >> Any discussion?

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>> No, I saw the pictures. They look like they need to be dismant Time to move on. >> No, I'm sure it look like antique. >> Yeah, exactly. >> Yeah. >> Roll call. >> Laura. >> Sarah Leven. Yes. >> Get this. Um,

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TCAM agreement. Next. Um, I can give you an update. Uh, it looks like we're close to the agreement between the town and TCAM. Our council has taken into consideration the

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thoughts of the TCAM council and has presented that to her and we're just waiting for an answer. So hopefully this week. >> Great work. Yeah, you've been working hard at it. So >> we're almost there. >> Almost there. Almost there. And then on to economic and housing.

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>> And there's some question with the TCAM agreement about like um Zoom access and stuff. That's >> Yes, it's been put in. Wonderful. Loren, >> whatever his request was, I just wanted to make sure that was some more flexibility in the scheduling of meetings and

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>> Oh, yeah. for people want to do their own thing. But yeah, >> wonderful. >> Anything else there? >> Okay. Brooklyn Street Complete Streets Project. Um, so for those that are um,

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sort of catching up on things, we uh, won a grant with Complete Streets um, last year for the Brooklyn Street uh, curbing and sidewalk repair going up to like the police station, you know, library, schools, and such. Um, we put this project out to bid and we received

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a number of responses. Um, so before us is to approve the project with detour construction pending town council approval of their sort of boilerplate contract. I sent it off to Adam, but I know he's slammed and driving obviously. Um, so he just needs to review it to make sure it's honors the town's

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guidelines. Um, but we need select board approval to sign out of session um for this project. It's about $328,000. It'll help some of the drainage over there. Um, and they should get cooking on this um I think like middle part of

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June to get rolling. >> Great. >> Um, which will be nice. So is that something that the select board has to sign or that you can sign? >> I would need your authority to sign it or I could you guys could sign out of session with Sabrina stamping. So it's up to you. Um

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>> once Adam approves >> once Adam approved. >> I would take a motion to approve the Brooklyn Street complete street project pending council review to be signed out of session. >> So moved. Laura second. Any further discussion? Call

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>> Laura Shiff and I. Sarah Logan II um we're on to FY26 municipal pavement management plan. >> Uh similar so um we just touched on this uh a bit ago in regards to the onyx you know masonry gravel pit situation. Um

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Brookline Street has a lengthly sort of pavement management program um with Mass DOT. So similarly, you would be approving a sign out of session um to authorize this project to go. Um they'll be working with Townson Highway to begin a paving process, milling and paving

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process on Brooklyn Street. There are parts of that street that are in really tough shape. Um and then we're going to have trucks driving it. So that's all I got for you. So it just be moved to approve the pavement management program as presented on Brookline Street and to be signed out of session.

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>> Sher move. There you go. >> Sarah Logan second. >> Any further discussion? Yes. Sarah Logan. Yes. >> Yes. >> For those listening home, this has sort of become we do have some projects like this lining up which is great for the town for these sort of larger

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infrastructure ones. Um if anyone has any questions at home, I can happy to share all these, you know, information. I'm going to try to get them on our select board website so people can click the PDF and see where it's going to happen and then I'll put it on, you know, Facebook to say paving begins July 1st, you know,

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>> just so folks know. Um, our signs have been very active with different programs in town. Um, we are going to repurpose the blinking signs a wee bit so that they tell people when there's going to be paving and milling. Um, just because I think that's a little bit more relevant to the commuter than, you know,

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uh, >> special event. special event that it just it's more important to traffic considerations and child care and all that good stuff. So, not to discourage other activities, but to help sort of identify those. So, >> yeah. And getting some of the more

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materials online, it's kind of a summer goal of mine for our meeting materials. So, we can get that situated. It's just takes resources of this office. We got to do a few other things first. >> Correct. >> Um, celebrates Americans 200. Oh, nope.

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Sorry. >> Records attention. >> Yep. U So, this is an effort um that we had received a $133,000 grant um last year to work with a digitization organization to help scan

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and sort of document and also always say put them in the cloud, but virtually store documents for the town. Um the town clerk um you know is working with a couple vendors on the project. You know, the grant number is $133,000. I'm looking at her right now. Um, so I

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>> for grants. >> Say again. >> Way to go for grants. >> Yeah, this one was a a good one. So, um, we're excited to get this going. Um, my one question I just have to catch up with the town clerk about this is there's a little delta between the the low number we received for bids and the

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grant funding. So, just wanted to, you know, catch up with him in regards to how he was going to cover that funding. I remember him saying he did have some police budget bandwidth for that for record retention. Um, so I just got to make sure we doubled down on that before we >> sign a contract with, you know, whomever

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whichever organization it is. Um, and you know, they're asking for 150 and we got to come up with 17. How are we going to do that? So, um, >> we don't have that extra. >> We don't currently involve it. Um, but really exciting for the town. this would be a great goal for you know properly

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retaining records and creating access for them. Um, and so in regards to that, I know our previous board member had started assisting >> the town administrators like board's office with some of that digit digitization, >> basically just scanning documents, which

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a lot of extra overhead, but well worth the effort. And um, she has offered to continue in that volunteer role to help finish that project. But >> can I make a motion? >> Yeah.

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>> Yep. The motion first would be to move forward with the low bid which I believe is low bid pending um financial approval which wasn't inception. It was it was inception not records force. You you had asked me about the the delta

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>> and I saw the two or three bids. One of them was like out of this world that was very different. Um, but I believe inception is at 152,515. >> And you're okay with us moving that even though you don't know that little delta.

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>> I would move it contingent upon finding like identifying Yeah. the review making sure the extra dollars are there with the police budget. >> Um, so I'll take a motion to approve which one is it? >> Inception. >> Inception's um quote for digitization of

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records pending financial review by the town administrator and town clerk. >> Correct. So moved. Lisha from second. Any questions on that? >> No. >> As long as we have that money. >> Yeah, I'll report back probably at June on June 2nd to say, you know, confirmed

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inception, signed out of session by town administrator. Um, just so we have a record of it and then I'll print this all out and keep a file. >> I will amend that motion to include to be signed out of session by town administrator. So motion and second.

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>> Any further discussion? No. Laura Shiffren. Yes. Sarah Logan. Yes. >> Yes. And now second part of that. Um I Sarah Logan move to assign Veronica Cal as an uncompensated volunteer to the municipal records retention and

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preparation for digit digitization project >> from the select board office until completed. >> Laura Shiffing second. >> And thank her very much. >> She's really good at it too. >> Yes, she is. just sits there standing.

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>> Yeah. >> All right. Lord Shiffen. Yes. Sarah Logan. Yes. >> Yes. Um 250th celebration. I have something from >> Mr. Barrett.

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>> Mr. Barrett here. Then I'm just gonna just going to quickly summarize this lovely letter here. Um John is basically writing to us um to tell us about the parade that's going to be held on June 20th to celebrate 250th anniversary of

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townstown meeting vote for independence. Um it's going to assemble at King Farm. Go along Skills Lane stopping stepping off at 11:00 a.m. Main Street toward Common Street turning left with the lights going around the Common South onto Brooklyn Street where the route

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will end. Um, there's a whole schedule of events for that particular day. It starts at 9:00 a.m. I'm assuming this will be available soon online. I >> think they're going to work on a website so that they can have this visible to folks so they can visit us. >> It can be posted on the Facebook page

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also after Memorial Day. That would be wonderful. There's going to be something at 8:30 >> and I think he's going to advise the select board about that. I think I heard that when I went to the cemetery parks. >> Okay. There's some reenactment if any of us want to participate.

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>> Right. He he did say that. >> So, >> I'm a softball. >> I'm tentatively planning on being there. So, um pray's going to last an hour and a half. Then there's a bunch of events afterwards. >> I'm going to plan. >> Yeah.

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Um so, I think that um need a motion to approve the pray. Correct. >> The what? >> The parade route. Oh, >> it' be uh you move uh move to approve towns and celebrating America's 250th birthday parade route to take place on

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June 20th. >> So moved over and second. >> Any questions? >> Sounds like it's going to be fun. >> Yeah. >> First day of summer, too. >> Yeah. Or yes. >> Sarah Logan. Yes.

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>> Valer. Yes. Um, next we move on to select board meeting dates. >> I Sarah Logan move. >> One second. Sorry. >> I know. >> It's good. You like it? >> Like to stick to it. Um, so Sabrina put up a whole bunch of dates first and

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third Tuesdays rather than us individually going through and saying this when I'm away or not away for the whole world perfectly enshrined in YouTube. So no one at my house. Um, maybe we should all go through those dates and if there's ones that are hard,

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no, give them to Sabrina. >> Okay. >> Okay. >> Does that make sense? >> As long as the other list there for every Tuesday. >> I'm not sure. I think maybe she thought we were going to a world that we did that. >> Honor that. >> I know. Last last fall we got

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>> It was a world that we did last fall. It was a little crazy and we were meeting >> every week a little bit. >> All right. So, as long as um if you just want to review that list and then there's hard nose, we can pass them to screen and do some negotiating through her on dates. >> Good idea. >> So, should we move to do this next

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select board meeting June second? >> Yeah, I would just push out to next. >> Great. That's fine. >> Second be discussed at the next meeting. >> Discussed at the next meeting. Yes. >> Okay. Senator Logan. Yes.

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>> Yes. Um then I'll take a motion to review and sign bills and warrants out of session. >> I Sarah Logan move to review and sign payroll and bills payable warrants out of session. >> Laura Shiffren second.

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>> Any discussion? >> Laura Sheriff I >> Sarah Logan I reports number one administrator. >> Yep. This was a this was a 2:00 uh typing exercise for me. Um so I'm going to go through a variety of different

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departments, but I'm first going to start off with um you guys have Memorial Day coming up this weekend. Um for those sitting at home, there's information online and dare, you know, various platforms for finding um you know,

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access routes, you know, things ways to observe different events. Um, also a part of TA reports is a letter that I sent to you guys that I'm going to send on behalf of Townsen to Senator Cronin in regards to the ways and meetings and

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sort of the I'll call it ridiculous way of funding the state has leveled against small rural communities. Um, so that letter is in the share drive. >> Um, maybe I can throw it up on the screen here just to share with our friends at home. >> It's on Facebook too.

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>> My letter? No. uh the >> the like form letter. >> Yeah, the form letter. Um you know, so I just think it's important um >> and I'll split it so it's not just on one so it's I'll put it on one page, but um we're essentially asking them to

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really revisit the wording and the way that which they define, you know, ways and means for the state. Um it's kind of crazy. So, um, second thing, Memorial Day, we touched on, uh, Towns in this was a late, um,

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sort of celebratory moment for us. I forwarded this to your emails. Uh, we have $150,000 grant we were awarded this afternoon for the Bixby Brook, um, design study. >> Yay. >> Um, which is a a good win for the town. Um, this has been a a brook and a

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culvert that's been under duress for years and years. Um so we'll start this work to um sort of kick this off which is nice. Second or third will be my report. So I'm jumping around here. Um you know

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select office has been busy. Uh the year the fiscal year is coming to a close. So we'll start you know discussing rollover for the town and year end transfers which will be a hot topic for a variety of departments. Um we have a lot of discussions related to west towns and read west towns and reading room and

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heart library. Um it appears that ad ad hoc committees will likely be formed to evaluate, you know, potential plans and preservation options. Um it seems like that was a sentiment that was expressed to us at town meeting. Um highway department, as we touched on earlier, has several paving and roadway

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maintenance projects beginning throughout town. Um I would anticipate some detours and sort of potholes that are getting filled along the way. Um the highway department also assisted the uh water man assisted out the water man break over the weekend uh helping those

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crews sort of um you know get repairs done quickly. The uh towns and police department's been you know busy with a lot of the first responding issues in town. Um you know it seems like we've been in a real kind of hot spot for activity recently.

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Um on the infrastructure side, the chief has been working with towns and facilities on the Unel solar connectivity project related to the overhead parking. Um myself and those guys are also hopeful that these will you know decrease some utility costs for us down the road. Um you know the fire

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department has been truly exceptionally busy um you know responding to emergency calls. um you know their you know police and fire respond quickly and then we use our EMS crews to help assist patients um whether it be you know UMass Memorial or

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helping on a medic flight whatever it might be. Um but we have been really on a kind of a streak of real serious issues going on. >> I'd like to say something. I'd like to acknowledge the chief's letter to us this weekend and I was texting you back and forth. There was like so much going

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on at once >> that um and it was raining and they because of the weather they couldn't get the >> flight. Yeah. >> So it was it was like it's like five minute one thing happened and then 5 minutes later was something else and

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then 15 minutes later was something else like big stuff. >> Yeah. >> So >> thank you to all of them. All of them. >> Yeah. Hats off to their professionalism and dedication to, you know, helping residents, but also those that are passing through town >> um and trying to ensure safety and um

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well-being. So, >> um we're fortunate to have them serving downtown. um shifting to some of the other town hall type departments. Um treasur collector's office um has been busy with a variety of payroll sort of you know different issues that have come up like

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cleaning up the ARPA funding. Um you know close out work with human resources on open enrollment activities. Um you know also downstairs the assessing department has been uh steady with ongoing our senior workoff program um which some folks um you know are

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participating in. Uh they did receive their $8,000 expenditure for July 1's free cash allocation for the um software acquisition for the assessing office. Um accounting um is working on monitoring year-end financial closeouts. Again, we

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do anticipate a lot of transfers to sort of offset different things uh specifically in facilities, town council, building department, and a few other operational areas areas. Um cemetery and parks. Um, you know, seasonal work has really kicked off um

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for spring. Um, you know, this includes, you know, advertising for summer camps and programming. Uh, cemetery parks busy with burials and maintenance projects and upkeep of park facilities. Um, thank you for Roger to helping spruce up kids country ahead of the PRC site visit. Um,

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that's going to help us get our $93,200 back from the state for reimbursement purposes. So, that's a big one. Um the tree warden um had had a couple projects recently and also stopped by to chat with me um Mr. Don Mazuko who has informed me of his plans to retire um in

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July. Um he's been a pretty steady hand for the town and dedicated presence. Um so we're very fortunate to have had his years of service um and we'll figure out sort of next steps and what that looks like come the turn of the fiscal year. um facilities has been busy uh turning

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buildings from winter uh operations into summer mode. You know, the AC's off, the AC's on, the condensation on the pipes are leaking. You know, there's a variety of things that keep coming up for us. Um you we also recognize that they're going to try to finish up the painting here on the exterior part of Memorial Hall. Um

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as well as finish the fire suppression system here in the building. Um, we did get a successful evaluation of the elevator um earlier this week, so that that passed. Um, >> ZBA's downstairs.

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Um, so elev elevator safety improvements um were done, just some tinkering and then those guys gave us a, you know, a seal of approval. So that's a good thing for the town in terms of our lift and our access for folks. um you know land use conservation and

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planning and DBA have been really busy. You know it was kind of quiet at the start you know with building projects and all of a sudden it feels like it's just go. >> Um so there's a lot of hearings going on in different um development type projects that are you know occupying a lot of the time of those offices. um our

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boards and committees continue reviewing applications and bylaws, you know, in hope of uh delivering thoughtful and um appropriate decisions to residents. Um as a gentle reminder for some of these real important boards, um we're encouraged to maintain decorum. I know

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sometimes people get really fired up and passionate about a topic. Um but decorum is always a really important part of um being successful as a team and as a as a community. Um, and then also making sure we follow the proper, you know, policies that Mass General Law has where if I,

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you know, if I catch Sarah and we're select board members and we're at Hannah shopping, you know, we're not there to deliberate about what's going on in town hall. Our job's there to, for me, it's usually get coffee and dog treats. So, um, you know, I think that's just an important thing for folks to remember, um, about decorum and policies that

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boards have before them. Um, this is me on a on a soap box. It's turtle season, so please be mindful of turtles, um, roads, fields, uh, different crossings and walking paths. If you see a turtle moving in a direction, just gently pick it up and move it over. Um, snapping

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turtles, grab like a broom or gently a golf club and kind of nudge it along. Um, but that's just me. I always mention turtles this time of year. >> When I'm on my bike, I stop and help from crossroads. >> That's what you got to do. >> Don't hit me on my bike. you know, our um our library and council

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on aging have been busy. Um I want to give a shout out to the library and COA for the seed collective. I was able to take some seeds and I've got them in the ground already. Um and I think I've fought off the birds from eating them. Um so hopefully uh folks in the community have been able to enjoy that.

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Um you know, our water department's also been very busy. They had, you know, water main break. Never a dull or a dry moment for them. Um so that's certainly not lost on me how busy it was over the weekend. It seemed like a good teamwork approach to uh resolving that. Um board of health and building department um you

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know they've had some shifts just in terms of staffing um but they've been busy um you going to bring on Mr. Moon in terms of recycling attendant and the building department um alerted me to the fact that they have really shifted into a high gear here for the spring. Um and

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then the show board of health representative said the same. If I can ask you, how is I know we said Bob was going to give us an update on how that's going without an app in there. Maybe end of summer. >> Yeah. And we haven't heard. So, um it seems like you know, even in lie of a busy time of year now.

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>> That's what I was curious about. >> We haven't heard much. Um >> he's um I think he was taking a few days off. >> He was. Yeah. >> And but he's still taking calls. He's being very conscientious. >> Yeah. Which is great. So, um, you know,

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town council, I think we've kept them pretty busy with, uh, different union negotiations, town meeting matters, matters, election related issues, and various land land use topics. Um, our spending when it comes to town council is on a real escalating scale. Um, so

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just something to say out loud that we're hoping that we can bring that in a little bit. Um, >> I think it's important for the community to understand how important something like a five member stack board that vote is and also to see how much background

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work has to go in to our board's decision for that because I don't feel comfortable making a decision without having all that legal background and I try and talk as quickly as I can right you know number of questions use it

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really judiciously but there's a certain amount of work that we just need feedback on. And it also changed last fall we had a monthly fee and last October it changed to hourly. So that wasn't really budgeted for this year. >> So next year hopefully get a better

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handle on that. >> And a segue into that is um you know we're going to meet with our union groups for um clerical highway water and supervisors on Friday. Um those are the three groups we have active negotiations going on. Um unfortunately because the

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police override did not pass, we are going to go back to the table with those folks um to try to work together. Um hopeful to uh you really solidify holiday structure. Um you know, I think we've gotten contract length under our belts as well as sort of some grievance

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language to help the town as well as employees. We sort of have a balancing act there under under some tenative agreement language. Um you know, compensation is the real outlier for now. Um so fingers crossed that we all sort of come to an agreement in the next few meeting sessions. Um a few

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miscellaneous topics. Um we have a couple RFPs out as a town. One's in regard to the Jeff Street concrete slab for the National Fitness Court. Um Miss Emmy Hoff is the contact person for that um RFP at this moment. The Hannes Road parcel owned by the Towns and Affordable

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Housing Trust is back online for a third try. Um, we are crossing our fingers that third time is the charm for this. Um, town concerts begin soon, so please be on the lookout for information regarding timing and dates there. Um, I'll be sharing this with staff, but um,

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with summer operations approaching, um, with summer approaching, I'd like to begin discussions with staff about summer hour options. I recognize that it's about five bucks for a gallon of gas right now. So, if you're driving here like me, 35 minutes away, you're just ripping through gasoline while also

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going home to a house that's probably 85° and I'll have to crank up the AC to pay for the utilities. Um, so that is also an issue for this building where we're running AC all day long today on a near 80°ree day and we're >> it was 95.

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>> So, 95 and it's it's hot and we are just consuming electricity at a disproportionate level. Um, so I'm really hopeful that with your support and some of the staff that we might come to a way to decrease operations here on a Friday and just save one day out of

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the week and not pay astronomical utility bills. I don't know how else to do it because, you know, I think it's a win for staff because you're not having to commute here on a given day and that may save you a few bucks on gasoline. It may save the the town hall some money on utility bills because it's

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>> this wouldn't be changing the total hours. It would just be dispersed over the summer on those four days instead of five. >> Yeah. And I'll um you know we have the unions uh you revisiting with us on Friday. I'll start to propose that idea to them to say >> what do we think you what's the appetite for this? Um I think it's a win-win. I

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know it's not completely equal for some folks that have to be, you know, a police officer has to be in a cruiser and things like that. So, we're going to try to find some way to to bridge the gaps here. But, um I think for buildings that we can reduce energy usage in, we should

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>> as an agenda item >> and to start Yeah. And so, that would start July 1st. >> I would say right after school, June that June Yeah. June 22 because I think school's out. So parents may have maybe a little bit more leniency. So if

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they're home with a kiddo on a Friday, maybe it helps them. I don't know. I don't have children, so I don't know how that works. >> Bring it to as agenda because you'll have union meetings between now and then on several. >> Yeah. >> Yeah. And we can discuss it. >> Um last but not least, um I have PTO I

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have to use because it doesn't roll over for the town. So um I will email you guys with some dates uh for both doctor's appointments and vacation time. Wonderful. >> You can send us out to staff. So it

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>> that's all I have. Sorry really fast. >> No important. We haven't done one of those in a while. So >> 8.2 any leison reports updates the moment. >> I mentioned what I had already. Thank you. >> Um so date of next meeting for sure June

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2nd. Everybody good with that one? Mhm. >> And then we'll do a TBD on some interviews. Be organized with Sabrina. >> What time? >> I'll say five. >> Sure. >> Yeah. Wonderful.

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>> Um 10 if everybody's good with anything else. Um executive sessions. I value your move to move enter into executive session pursuant to open media law chapter 30A section 21 A3 to discuss strategy with respect to pending

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litigation where an open meeting may have a detrimental effect on the litigating position of the town and the chair so declares Roman Ramirez versus town of towns in Middle Sex County Superior Court docket number 2681C01140 and executive session pursuant to

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opening law chapter 3A section 21 A3 to discuss strategy with respect to collective bargaining where an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares namely ask local 93 clerical union supervisors

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union highway water union and I value so declare for both and we will adjourn from executive session second >> discussion order yes >> Sarah Yes.

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>> Yes.

Part: 2

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Welcome to the ZBA March 19th, 2026. Um, we have sufficient members here today, so we don't need to elevate. Welcome. >> Um, so we have to guess.

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>> You're our consultant. >> Consultant. >> So, uh, this meeting will be recorded and uploaded to YouTube in the future. Uh would anybody like to uh make a motion to open the meeting? >> I'll make a motion to open the meeting. >> And so state your name.

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>> Uh Abigail Faring. >> And do we have a second? >> Rob second. >> All right. Thank you. I'll do a roll call. Um so Natalie. >> Uh yes. So >> yes. Thank you. Thank you. Abigail >> Farley present and say um so this is to

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open the meeting. So you agree to it. So yes. Yes. Okay. Robin. Yes. Well, we should. Yes. >> Vicky Janiki. Yes. All right. So, we have a business meeting today. There's no um applicants before us. So, we'll

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we'll do some administration, clean up, and introduction today. So, um I like to welcome Abigail and Natalie >> as full members to the ZBA. Appreciate your your time and expertise. Um

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>> you can call it that. and bringing yourselves uh to us. It's uh much appreciated. Good. And having all different perspectives. Um so just as an FYI, there is a conflict of interest law

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seminar on Thursday the 28th. Um given history in town recently, it might not be a bad thing. Um >> and I think you should have had to take the training. >> Yeah. >> Yeah. So you Yeah. So definitely take the training. That's good. Um, >> I have to take it every year for work.

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So, um, yeah. >> Does that count here? It doesn't count over here, but it's it's very similar. >> Yeah, you have to do the full one every two years and then it's kind of like, oh, yeah, I >> did it. >> I don't think I've seen that yet. >> Okay. So, you'll probably get an email

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or contact the town clerk. >> Okay. >> And they should give you the link to where to go. It's online, >> right? >> Yeah. So it's important to understand um >> the different aspects from from money to how many you know people constitute a a

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meeting and so when you can talk about things when you can't and there's a whole bunch of things involved with that. >> Don't let anybody give you a gift for something having to do with sitting on this board >> at all. >> And even like talking to an applicant is

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it's best to >> Yeah. People will call you. They'll call you at home and they'll ask you questions. And you know, I'll be like, I can't I I can't discuss your application out of a public hearing. >> So, do you have a procedural question?

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You know, and then say you give them best number and say, well, no, you can, >> but you make it very clear that you can't discuss an application because you will get the phone calls. >> Yeah. Yeah. Um, I'm going to hold on that. So, the third

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uh item is review the towns and bylaws. Sort of the areas that we typically look at, but um I'll do that after we go over what I proposes. We go through the rules and regulations draft uh that's been

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updated by Dave Chanel um and see if we agree um if we want to make any updates. Um, I guess hasn't been updated in forever. So, particularly darling, you'll be able to say, "No, we never did that." Or, "No, no, we really should be doing it this way."

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>> Well, well, then about put everything on again. I wasn't able to look at the latest. >> So, I thought what I I'll do is we'll just read through it. I'll I'll read it. >> Maybe you point out what's different. >> Yep. I'll do that. Uh, so why don't we do that next? Um, that's sort of the

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primary thing. I'm going to need my glasses points. All right. So it's um these are the rules and regulations. They were adopted 2004 and they were revised in December 2005,

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June 2007 and September 2010. So it's it's been a while. >> Okay. I'll paraphrase >> in effect. We don't what we do doesn't really change but you know there might >> procedurally. >> Yeah. There was David did have a few

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things in red so which based on his experience and as a lawyer that's quite helpful >> things to streamline >> those things out I was curious >> so for article one this is the overview

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and this is statement of purpose so I'll paraphrase if you'll give me leave I'll paraphrase where I think it's appropriate and then detail what we All right. So, the the purpose is to establish procedures for the operation of the ZBA for all things under chapter

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4A, chapter 40B, and the zoning bylaw, which is chapter 145 of the code for town. Um, all applications forms should be considered part of these rules and regulations. So I don't know what it

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looks like now but um if there are any adjustments to it I guess that considered part of this >> um additional requirements are specified in the zoning bylaw itself the state law and any state regulations that may affect us. So, as an example, the uh

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commuter community, you know, >> act. >> Yeah. Um, no, the um >> the commuter rail. >> No, the MBT because we're within 20 minutes of a train. Yeah. >> Yeah. Whatever it is. So, that would

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supersede as an example. >> Um, okay. Okay. So, between these rules and the zoning bylaws, the bylaw governs. It wins. Between these rules or the bylaw

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and state law, state law wins. It governs here in this case. Um, so you may we may find things in the bylaws that are no longer applicable, but state law. So, >> state law has supremacy.

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>> Yes. So now we're going to talk about the organization. This is article two. Uh at the first regular meeting following the confirmation of the annual appointee, the board shall elect officers including a chairperson, a vice

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chairperson, and a clerk. Both regular and associate members participate. I'm going to put in the vote. So we'll put that on the agenda for the next meeting which I think is toward person but if we don't participate in a

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vote if you have all five members participate in voting means like discussing it maybe but only five people can vote. >> So there might be a reason why he worked it like that. Yeah, that won't change. >> Vote if

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>> there isn't a poll number in >> so participate probably in um I would just leave it as participate. It could be discussion or voting. If you put in discussion that means we can't vote. >> If you put

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>> don't we have discretion don't we to >> what's it say? Read the sentence. Um okay. So elect officers both regular and associate members participate

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>> participate in >> it's I would just leave it period >> I I believe that language like that can be made vague on purpose >> for situations like that because can never >> so many variables >> exactly

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>> it can never account for everything >> then the decision in the vote of the member Steve >> maybe in the >> cuz maybe he has a good answer for that but >> he didn't have any comment on that right >> because typically so

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>> we can have eight people here you have five full voting five full members that means you all five of you show up you guys are the ones who make the decision you vote >> okay >> the associates can participate in any meeting so when Beth put that I laughed

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I'm like well obviously ly I'm invited to the meeting right now so I'm literal and um but we're just in discussion only >> you know you guys vote and make the decision >> but if one of you wasn't here and there

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were three associates >> should say okay which one of you wants to be acting as a full member and should uh appoint us as a full member for that meeting only >> okay >> so I think participate is probably meant in the discussion unless a vote is needed back and you think it's more

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verbiage in the charter about voting how many votes are needed or is that >> yeah it is it's it's in there too. So a quorum to conduct business >> you only need three out of five members.

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>> Okay. >> Yeah. you're in majority, >> right? Cuz you only have five >> for a hearing or some sort of a public hearing variance appeal or any of that. You need four out of five members. You

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can only you can have just four members. You need all four votes. You have to have four people voting for any of those situations. So, >> I would >> make sense. >> Yes. I would leave it as just

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uh the way it's worded for right now. >> Mhm. >> Um I'm thinking maybe it could be in the process or something like that. But I think for now we should leave it as is. And >> yeah, I'm fine. It's usually

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whoever doesn't step back fast enough. >> Yeah. >> Yeah. Whoever's not here. >> Um but I'll ask the question. >> Nobody ever wanted you. We discussed every year and Bill was always the chairperson. I think one time he didn't

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show up to a meeting and they made I was the chair person >> and that was a weird year. And then he was a chair person every year and I was vice chair >> just because nobody cared. Nobody wanted it. But >> well it's nice to mix it up and have

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everybody do >> a different role. But >> okay so moving on to section two chairperson powers and duties. The chair may vote and be recorded on all matters subject to these rules. The chair decides points of order unless overruled

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by a majority of the board. The chair may appoint subcommittees as necessary with a so the wording originally was subcommittees as necessary or desirable and Dave recommended his input was strike or

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desirable and I think that's clearer. >> We've never done a subcommittee in 30 years. >> Most likely it might be not even applicable. You have to this board is different than all the rest. You are a responsive board.

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>> Yeah. Our >> you know like you don't meet just to like Well, we have been recently but we never met unless we had a hearing. All business meetings everything was put till there was a hearing but we had a little more going on too. Now that we don't do accessory apartments is a little bit less.

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>> So it's just very different in that respect. >> Yeah. Our goal is or our our job is um we are an appeals board. The decision has been made already. we come and decide did everything. >> That's one of the things. >> Yeah. >> The public hearings would be when

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somebody comes to ask you to do something. Hey, I want to do this. Doesn't say I can do it automatically. I can't go to the building inspector and do it automatically. I need you to really go through the criteria. >> Fits all the requirements. They come here to get a varian.

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So those are the three special permit variants which are bold applications and then your appeal which is building inspector problem say no >> says no and >> and they go and they come here and we you might learn something new and go okay a couple time we've done that a couple times.

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>> Yeah. >> Yeah. >> So >> so a subcommittee and that like we don't do we don't set the rules we just enforce what's already there. So doing a subcommittee is more of a research

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investigator. It would be very rare if you didn't think of a situation to do that. >> But it's I think it's good to have the option. >> Yeah. So I'm fine with Dave. >> You never know. >> Best don't construct. >> Yes. >> All right. So the section on the chair

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continues in addition to powers under state and local ordinances and subject to board vote. The chair transacts official business, supervises the clerk and requests necessary assistance. The chair may delegate reasonable responsibilities to other members or

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assistants i.e. that >> the chair may appoint an acting chair if both the chair and the vice chair are unable to perform duties. If neither is present at a meeting, members present shall elect an acting

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chair for that meeting. I'll just everybody goes not bad. >> All right. Any uh questions or updates? All right. Section three. Vice chairperson. The vice chair acts as as chair if the chair is absent, disabled,

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or otherwise unable unable to perform duties. >> That's it. >> Uh clerk. >> That's fine. Sounds like the vice president. >> Yeah. The clerk, a board member elected by the board supervises clerical work under board direction, including calling

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rollup meetings. Oh, >> that too. >> Yeah. All right. Um, >> we cler good thing. >> Um, reading petitions and legal notices into the record. We've done that. And

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assisting the zoning administrator with board responsibilities then. Okay. >> Yeah. Uh the zoning administrator's responsibilities include who's the zoning? Oh, that's bad. That's >> zoning administrator's responsibility include but are not limited to writing

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board correspondents, sending required notices, keeping dockets and minutes of hearings and proceedings, compiling records, maintaining files and indices. >> I think that I think that covers all that. >> Yeah. Uh any feedback on or changes for

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clerk? >> We learned some summary. >> All right. Section five, members. The board chuck consists of five full members and three associate members appointed by the select board. Uh vacancies are filled for unexpired terms

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in the same manner as we went through at our last meeting. Section six quorum. what you said for public hearings on appeals, special permits, variances, comprehensive permits or multif family applications 40

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people. >> Uh four members for business meetings, three members. Next section, meetings. Regular meetings are held as business requires and posted per open meeting law. Any board member

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or the or the zoning administrator may sign notices Meetings may be called by the chair or at the request of two members. So if someone felt we needed to meet, we could do so without having an application pending.

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>> No, just a administrative. >> Yeah. >> Um does it have to be for say 48 hour notice? But that's a state thing I think. Notice of the meeting shall be no less than 48 hours

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>> and shall be posted as required by law. >> Okay. Emergency meetings. Emergency meetings may be called by the chair or at the request of two members only as permitted under open meeting law. So we'd have to look at that and see what the requirements were. But

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I I'm not sure what the circumstances would be for a ZBA. That could be attending another meeting you don't know about. I wonder usually if you had to go to like selectments meeting or cleaning what you know ahead of time and she

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usually posts it just cuz if three people say they're going to go, you should have a >> Oh, that's right. >> You know, so three of you can't go out until lunch together. >> Don't get too. >> Yeah. So that's a important point.

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Anytime there's three or more of us, it's considered a meeting. >> A quarum or a meeting. But >> so it makes it interesting when we do site visits. >> Yeah. >> Well, those are posted. >> Yeah. Can I just say one thing about

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site visits because that's one thing I've seen even on the boards when you go to a site visit, >> don't >> you're not it's not a like public is like you're not supposed to discuss the application. It really should be factual like, "Oh, that's over there. Oh, that's

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over there." Because that's what it's all about. You see, and then you're going to talk about it later. >> So, I've I've encountered that. I'm like, "Ah, stop talking." >> But it's a good thing to kind of forget. >> Yeah. >> You know, you're there to look around

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and you're talking people don't talk, right? >> Okay. So that is the first section in the composition of the board. Article three, applications to the board. Section one, application form.

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Um Dave recommended changing applications must use forms to applicants must use forms provided by these rules. >> Makes sense. >> Additional forms available from the town town clerk zoning administrator.

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an application is filed with stand by the town clerk. So doesn't come official until then and then once that happens then clocks start running. I don't know if we have clocks in here but that's that's town bylaw

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>> state. Yeah. Yeah. >> Section two, filing procedures. File uh file with the town clerk, including the filing fee and all required copies of supporting documents as listed within

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the application. The town clerk shall then forward the stamped application to the board. >> See how this looks without Dave. That that was reading it as Dave changes. I wonder he's really kind of it's really

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he's clean. He's not really changing anything here. But you know what happens is people file an application and they don't submit all the crap they're supposed to submit with it. Then they come here and sit here and they expect us to do all the homework for them. >> And that gets a little tiring. It happens a lot and you know like it

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should >> they should do it do the numbers. That's why so Beth did some nice calculator sheets. Yeah. the square footage and then now we don't do those anymore. Accessory apartments, >> but like we'd be sitting here doing math at the hearing. It's like you're supposed to do all this.

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>> Yeah. Yeah. >> But technically, you can go sorry and no if they don't give you what you need to, but that's >> we'll continue the >> we tried to help, you know. >> Yeah. We'll typically continue and say bring >> more information.

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>> Sorry. Is there a timeline between when it's application is submitted and it has to have what what is that timeline? >> It's somewhere. It might even be in there. >> It'll be in there. >> That's a state thing, but I think it might be in there.

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>> I read it somewhere recently. Yeah, it's like 14 days and got to hear it within 60. It has to be advertised. Yeah, there's a whole And that's Beth's draw, but you guys should see that. >> Yeah, we will cover that. >> Yeah. Okay. Hold that thought.

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>> Okay. Uh so filing procedures. Uh anything else? Right. Additional documentation at a public hearing. The board may require additional information.

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I'm going to do it as with Dave's edits. Per zoning bylaw. The board may also require the applicant to pay for independent expert consultations and he pulled out

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he he removed payment may be direct to the consultant. It's like >> well I know >> why it's red not needed. >> So that's additional documentation. The section is employment of outside

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consultants. So this is employment of us uh us employing somebody. So a couple of meetings ago we had someone come who is engineer that provides engineering services. So we may get a plan in

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>> um and it's an area that none of us have real expertise and we're like I don't know what this means. Is this good or bad? We can hire a consultant to be our expert and tell us basically our Yeah. Are they telling the truth, you know, or

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will this meet the require, you know, the requirements of the bylaw? >> Um, >> just a clarification. Is that considered a peer review or is that separate? >> No, that wouldn't be a peer review.

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>> All right. Now, it looks like David has put in section 4, but that looks all new. And I don't know if he put it in. Is this all an all new section or if if

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this is Well, let's see. >> I think it's a whole new section because it changes the section numbers cuz what's the previous number? >> Previous number. So the following number was changed through four to five. Yeah. So it's a new section.

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Um so what is it? So here's to this about employment of outside consultants. 4.9 each application under these rules and regulations the board may employ an

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outside consultant at the expense of the applicant. Areas of concern for which the board may require a consultant include but are not limited to any relevant engineering field, architects, landscape architects, soil scientists,

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hydraologists, environmental scientists, botonists, attorneys, professional planner, real estate appraiser or broker, licensed construction supervisors, and licensed general contractors, etc.

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4.2 Two, where circumstances warrant in the opinion of the board, a specialist or an individual with special expertise in a field may be required. >> Okay. >> Maybe it's >> makes sense. >> Hazardous waste, you know, removal or >> Yeah.

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>> Yeah. >> Because in special permits, we can um put restrictions and requirements in addition. Um >> Yeah. Maybe it's sew there's sewage pipe or something like that here. Yeah, there's you know there may be

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circumstances about that individual lot or the building that we're so as an example when we do special permits for removal of gravel you know earth removal we will often put it you know here's the

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hours you know that you can do it and uh so on and so forth and um you know if we didn't feel comfortable with some of the things maybe there's rumored to you know, asbestous on the properties >> and we want to make sure that whether or

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not that's the case or not. I don't know if we go that extreme >> and hire someone. Section 4.3, the board will normally require the fees to cover the costs of outside consultants to be deposited in advance

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with the town in accordance with provisions of MGL 44 section 53G. Such fees will be deposited in a separate account and any amounts remaining in said account after the completion of the associated project

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will be refunded to the applicant or successor in accordance with these rules and said state law. When the expense of such consultants exceeds the currently available funds in the 53G account, the applicant is required to provide

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additional and appropriate funds within 14 days of notification by the board. whe they require it or not. Uh so that mean so I think that's useful because it means we won't have to delay meetings waiting for them to pay

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>> the consultant. So once we know there's money in there, we can get the consultant and not delay things. >> Okay, >> that's that's the lawyer. >> Probably gives you a reason to deny the permit too if they don't if they don't do it perform.

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The choice of outside consultant may be appealed to the board of selected. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum

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qualification shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or related field. The required time limits for action upon an application by the

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board shall be extended by the duration of the administrative administrative appeal. In the event that no decision is made by the board of selection within one month following the filing of the appeal, the selection made by the board shall stand but may be appealed to the

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appropriate court of law. So >> anyone is who's not satisfied with any of you know the results can always appeal beyond you know into into law a court of law >> but this is we picked the consultant and

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the and the applicant pays for it. Right. >> So this is saying the applicant doesn't like the consultant we picked >> right >> and they can appeal it. >> Yeah. >> And appeal it anyways >> to the board of select men. >> Oh. Oh to okay. And then the selectman

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can agree or not agree. >> So it gives a a neutral party to >> um 4.5. The board will normally allow 10 days between the selection

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of a consultant and the start of work to give the applicants an opportunity to file such an appeal, but will begin work sooner if approval is given by the applicant. If such an appeal is made, the applicant shall notify the board by certified mail immediately after filing

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such an appeal with the board of select work. So they have to tell us that they're appealing this so we can stop the consultant. >> The board at its earliest opportunity after receiving such notification shall direct the consultant to cease work until the appeal is resolved. The

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applicant shall be liable for all costs due to the consultant prior to the direction to cease work. 4.6 To the extent that services are provided by town council under a flat rate retainer such services will not be

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charged directly to the applicant. However, should circumstances require appointment of outside council council, for example, due to a conflict of interest or otherwise be built to the town for a specific service related to an application, then such fees shall be

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paid out of the 53 account, 53g account, or by the applicant. This section does not preclude the charging of supplemental fees for specific legal services formed by town council with such fees paid to the town to offset the cost of the town's retainer with town

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council. So that that's all that's the whole section. >> Yeah. >> So okay. >> Yeah. >> Can I Yeah. ask something. Uh going to

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4.1 and 4.2. Do they do all is that over the verbose or um can it be more general or does it help to be more specific with all of the relative

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fields that they mention? >> Yeah, I understand what you're saying. >> Yeah. >> I mean, I think it's all right because it does say um >> etc. Well, in the beginning it says but not limited to >> the famous legal term,

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>> right? >> It's kind of giving you an example. >> It gives >> it gives applicants an idea of >> Yeah. >> you know what they could come up against >> and us too. I think one of the things is to remember uh that this is something we pass on

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to whoever is here next. Um, we probably should have reviewed it sooner, but um, >> so it's capturing. >> So I'm I'm okay. >> Can you think of anyone not included? >> No, but I mean >> are you are you suggesting maybe we

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don't need to listen? >> Yeah, I was suggesting more say engineering scientific field. >> A lot of it I think covers all the different areas of the bylaw that we address too. So, >> an idea.

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>> I think that I I do like that it names all the specific ones that we'd encounter because it gives you that specity, but it also allows for room if there is a um special. And I think that's really where the etc really is

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coming in just for a special consideration that can't really be predicted, but that's generally the kind of people we're looking for. >> Yeah. So I don't see how it hurts unless >> can I ask also is >> isn't 4.2 kind of implicit in 4.1 it's

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just >> one more layer of coverage kind >> yeah but I I guess it's the lawyer lawyer part so there probably a good reason but there probably >> yeah it's kind of saying 4.1 you know

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lists all these different professions and then 4.2 too is like some other >> very bizarre >> you know >> something that you never know >> 50 years comes up >> or uh for instance something that may

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happen is my professor in anthropology was an archaeologist who would >> dig for uh Native American sites in the area to determine if >> there was a uh um there if there was a tr there and in one instance Turns out

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they were bulldozing over a Native American burial ground. Like that's an instance where someone died there. That's >> good >> important to where we need to consider. >> I I actually have found

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um Native American site at a trail area. >> So yeah, that is something we should point. >> Are there any other questions or feedback on section four?

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41 through 46. All right. So, moving on to fees. This is now moved from section 4 to section five. Fees are listed on the application form. For multiple requests, the applicant may the applicant shall pay the highest fee.

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It originally sometimes they apply for both like a special permit and a variance. which is very smart because you sometimes they apply for the wrong thing and we advertise. Whatever they apply for is what we advertise. So if we advertise the wrong thing, we got to continue. We got to advertise again because the

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public really needs to know what would what's in front of us to give them an opportunity. >> Yeah. So continuing on within that section, the board may wave slash reduce fees for good cause per MGL4A.

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Such requests such a Um, yeah, this needs to be cleaned up a little more. So, such, so it's either such requests or such a request, >> I think. Such request. >> Such a request. Yeah.

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>> And there be made directly to the zoning administrator who shall include such a request on the next meetings agenda for the board's consideration. spelling in there too. Uh, board approval is required

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prior to the application being filed. So, this is good. That way, the clock doesn't start ticking. >> Should the board approve the requested waiver, then the applicant has 30 days to file the application. >> Okay, good. So, it's not forever.

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>> Yeah. So, that's good. um you will wave fees for example to other committees or town or nonprofits like the historic commission. >> Yeah. Because you just take it from one profit and putting it back in the sale and like the Historic Society had put in

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an appeal and was their nonprofit. They waved it or if someone puts an application in and we say you really should be doing it this way. >> Yeah. Yeah, we'll sometimes wave it. So, so they have to pay it twice,

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>> which I don't know if that's the multiple requests they get into that. It's not very it's not often. >> So, uh being payable to the town of Towns and deposited to the general fund. >> Are we good with that one? Next, we talk

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about hearings. This is article four, section one, notice. notices advertised and sent per MGL4A and open meeting law. Sometime we'll come up with not having to publish in newspapers anymore. The

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only reason the Graten Herald I think exists. >> Uh so section two is the order. Um which is essentially what you see here. I don't know if you want me to go over it other than uh say A is the clerk

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reads petitions uh notices referrals and documentation b applicant agent attorney prevents compliance with the bylaw uh board members and associate this is like when we're so the hearing is only actually

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talking about the applicant the application >> the issue >> it's part of the meeting so we open the meeting and then we open a hearing hearing or >> how come that's in there >> it's I don't know

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was this is existing um parties and interest in public may speak uh board may request more info and and continue hearing as needed allowed if insufficient info application denied

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if we want um So Dave updated this to the decisions. Decisions shall be based on the applicable bylaw facts and testimony presented at the hearing. So we clean that up.

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>> Any any changes or questions on that section? >> Yeah, that was a fragment before that. >> Yeah. two. >> All right. Article five decisions voting requirement

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eligible are full members and designated associates who attended all sessions. So if you're not able to make the session, it gets continued. you we do have um and one mechanism like if you go and

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uh watch the video >> I think it's only if you miss one sometimes you have where there's several continuations so is it just missing one meeting >> I think >> you can get caught up >> uh and you you send an email to that

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saying I've reviewed the the tape >> fortunately most are resolved within you know two one to two >> doesn't >> well 40bs >> oh those that would be long yeah

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>> I've not had to participate in that s >> what >> 40b is affordable housing >> take forever take a long time >> yeah like three years >> wow >> they're interesting

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>> popular out here And I mean, >> no, we have um >> Jonathan >> Coppermith. >> Covermith. Yeah. >> Um the apartment building's on uh Turnike Road. >> Yeah. >> Benjamin Motel was Benjamin Motel. That's 40B and all um the nice thing

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about the apartment building is all of those units cuz the rentals count toward the 10%. But we've lost some of uh Kappa Smith and we lost one of the Benjamin. They're not affordable anymore. Well, there was also the ones I don't know if those are the apartment buildings you're talking about, the ones

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that burned down. >> Yeah, I know. >> Those weren't. >> So, that's um it's like a number. >> Yeah. >> All right. So, uh let's see. Voting requirement hearings involving

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variances. So, this is just some cleanup. um special permits or overturning a building inspector's ruling. At least four concurring votes shall be required for approval. But note if there are I

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think this is new that looks new to me. Um >> I lost. >> Um so at least this is under section one voting requirement. >> Okay. >> Overturning a building inspector's ruling. At least four concurrent votes

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shall be required for approval. Note, if there are five voting members, motions can be approved on a 4 to one vote. But in the event that there are only four voting members present for a hearing, all motions require a unanimous 40 vote

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to be approved. All other motions not involving that are simple majority. So if you didn't want the meeting to end the simple majority will still work.

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Section two, withdrawal. An applicant may withdraw his her application in writing without prejudice provided the withdrawal request is received by the board prior to the processing of the hearing notice for publication.

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If the withdrawal request is received after the hearing notice has been pro processed, then the request shall need board approval. >> Oh, right. >> So, >> okay. So, if um you put it in and then

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you you talk to an ex, you know, an expert or whatever and you realize, yeah, I was wrong. We need to do it differently. I'm not going to do a variance or a special permit. As long as it hasn't been published, you can withdraw it without problem. But

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sometimes they get to us and um it's they decide to withdraw during the meeting and then we have to approve. >> Usually that happens only kind of we're all like not sure what they're going to do and they might have to change

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something. But if somebody wanted to do that, if the board's all like is they gonna they want to withdraw it to see, you know, >> you might not you might not want to allow that withdrawal. You may want to just vote that thing. >> That's a really good point. We don't

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have to approve the >> So >> that's why the before they can automatic after it's submitted. You have to approve it because what if it's not a good idea? >> That's interesting. >> Yeah. >> Very good point. People pull things. Oh yeah. >> And we had like you trying to help

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people and do the best, but some >> crazy stuff that happens. >> Yeah. I've noticed that sometimes they'll come in seeing if they can get it through >> and then they'll get partway through and they realize they're not going to get it through and they're like, "Okay, we're just going to throw >> and then you don't hear from them again,

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>> would spelling the name is my inner coming out. >> Provide provided." Is that accurate? in the first sentence under withdrawal >> uh made with provide. Yeah, I think you're right.

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Next hearing schedule variance appeal of a building inspector's ruling. The initial hearing shall be held within 65 days of the filing of the application. Okay. That's filing what that would do

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with the town clerk. >> We have 20 days to appeal, right? >> Yeah. So, it's 65 days from filing an application >> with a decision being issued within 100 days. >> So, we have so that governs when we have to meet.

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>> Okay. >> Uh so, you know, Beth will be like, well, we have to do it by X date because >> you have to open it within a certain period of time anyways, right? And then you have 100 days >> or >> Yes. That's what this is um

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>> for variance and appeal um unless we continue oh the I'll come back to the notes. So so initial shall be held within 65 days of the applicant going there and the decision within 100 days of the filing

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of the application or is the decision being issued Yeah. It has to be within the filing. >> Beth has none of that's changing because that's all like I believe it's all state statute. So Beth has like a she has a list like a checklist of everything that

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so if you get an appeal she's got that all the dates are on there. And then special permit. The initial hearing shall be held within 65 days of filing of the application with the decision being issued within 90 days of

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the closing of the hearing. >> That's not right. >> No. No. The decision has to be filed within four day 14 days of >> Yeah, that doesn't sound right. >> Yeah. No, that's something something or I'm not like absorbing it. What you're

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saying? >> Bill always they'll tell the people that come before you, they have no idea why they're they just want something. They have no idea. So totally process. So after we make the decision, okay, we have 14 days to file this. Then you're

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gonna get your you can go get it from the town clerk and then they have so many days to appeal it if you want. >> Okay. >> So that's >> yeah when decisions made we have 14 days we wouldn't close the hearing until >> until unless we made a decision.

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>> No we can close the hear sometimes we turn we close the hearing all public but we haven't we don't really renew that. I'm trying to think of why we would do that. Is section four referring to what you're talking about? It's right below.

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>> Okay. >> After the hearing, >> I do know why. We've had big stuff where literally we've filled a room >> that people come to these. We fill a room and people can go on and on. If you have 50 people sitting here, at some

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point you got to turn off public comment. So when the board feels they've received everything they need, you have no more questions, >> but now you have a lot to talk about, >> you're going to turn off public comment. You're going to close the hearing, then you're going to discuss it. And

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sometimes that goes into another, you might, you know, meet the next week or two. Okay. >> You have so many days to make a decision. It doesn't happen. Very rarely, but it has happened. >> Yeah. The first part would get >> Yeah. Once we have a decision. >> Yeah.

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>> Once we've >> once you've made a decision >> shall be filed within >> but there is a deadline when you close the public hearing. There is a deadline to make a decision as well. >> And that's >> I just don't know what it is cuz we just don't want to do it >> cuz you know once you close it and shut

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it off >> and now you have a question. You need something more. >> Why do we do that? Yeah. So you have to be really certain. Um let's see. All right. So the decision is issued with 90.

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Then the hearings may continue. Notice parties petitioner one week prior. Seems kind of fragmented because they can still attend. Um >> we might have >> That's true. We don't have to do the the

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what is it like 2 weeks 3 weeks notice in the paper for things? >> Yeah, cuz you're going to when you're in a meeting and you continue that's public notice. You don't have to advertise. >> So we could do um >> hearings I I mine said hearings may be continued.

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>> What's it say? >> Uh no if we're closing the hearing. So we go through this uh the decision being issued within 90 days of the closing of the hearing. Then it says hearings may continue notice to parties petitioner approx you

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know till the one week prior. It's one of those it's not it's the parties involved not the public cuz you've already shut off public comment so they don't they're not even involved anymore. Even the parties aren't going to be able to speak, but I think it's just a courtesy to let them know.

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>> Yeah. >> That you're gonna be leaving so they can I don't think that I know. >> Yeah. But it's probably good. Hearings, like

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you said, hearings may be continued >> and we don't have to get into whatever reasons to be continued. It's just >> and notice >> just the option >> the clock's not started because we haven't made a decision. We're continuing it for additional information

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or they need something or we need something or >> so ongoing. >> So maybe notice to parties petitioners >> may be given a week prior

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or is it required? I don't know. >> That should be >> We might have to consume this and have it cleaned up on what you've agreed upon so far. >> Yeah. Couple things question

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because the next thing the time requirements presented above may be extended by joint agreement and writing of the applicant and the board because we've done that. We've been like, hey, we only have so many days left, but if the parties agree to

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extend, >> it kind of goes along with the hearings making, >> right? >> Should probably be all one paragraph or sub paragraph, whatever it is. And then, yeah, just confirm was one week prior. What does that actually

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mean? And this is a relic of >> it's probably at least probably like from the first revision of this. So >> uh that may be given prior section four after the hearing

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here. A written decision shall be filed with the town clerk within 14 days. Once filed the decision becomes public record. Agreed persons may file a notice of appeal with town clerk within 20 days of the issuance of the decision per MGL4A

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section 17 as amended. Note recent changes require plaintiffs to plausibly demonstrate measurable injury via credible evidence. No presumption of standing for parties in interest. That's original.

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>> That's that section. >> Yeah. After the 20-day appeal period expires without an appeal being filed, then the applicant requests from the town clerk a certification of no appeals for the building

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commissioner. Is it from the building commissioner? Then the applicant requests Oh, from the town clerk a certification of no appeals. for the building. Oh. >> Oh, okay. For the building commissioner,

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like the building commissioner will have it. Um, is that the same as the building inspector? Is this >> Yeah. >> Okay. The applicant shall file the decision slashnotice with the

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Middle Sex South Registry of Deeds. Once the decision is filed, the applicant shall provide evidence of the filing to the building commissioner with a copy to the board who will then issue the requested permit.

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>> Okay, so I see how this goes. All right. So, it goes from So, I'm assuming when they go talk to the town court, they tell them what they need to do. >> Yeah. >> Yeah. >> They get a copy. >> Yeah. And then there's like file deeds

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and then town court pays. >> Plus, Beth Beth tells them to >> Yeah. >> because she knows when the decision's done. So, I think she probably even tells them, "Hey, I'm going to file that decision." That way, they don't have to wait the whole time.

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>> I have a question about section three, the hearing schedule. Um, the first sentence there about when the date starts for when the application is submitted. >> Yeah, >> they can submit an application, but it

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might not be complete. Um does that 100 days start when it's a completed application >> or just when they bring in >> was there something about that the um town clerk would stamp it? >> Yeah. >> Yeah. >> So maybe it's once

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>> it's stamped at the clock. >> Town clerk stamps at the clock. >> Um regardless >> whether they're missing or not the town clerk's job doesn't know if they're missing items or not. Yeah. until it gets us.

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>> Yeah. So, I think the if they're filing with town clerk, it gets stamped >> and then get stamps of the date. So, that's >> Yeah. >> Yeah. >> And that's is there anything about a minimum amount of time to be able to review all the

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documents that are required? I'm just saying this is where I'm going with it. if if they have an application in, you know, a week out or a few days out, they're still offering up um offering like important documents. >> When to who?

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>> To the to the buildings to the building, right? >> I don't know what premise >> if if somebody an applicant comes in and files with the town clerk. >> Yeah. That's their application and they have their right to do that. They can

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file >> just basically nothing. And you know what's going to happen? You guys going to go really? >> No. >> So I really didn't have anything. You're the building inspector until you guys are done. >> Okay. Until he gets to us, he should

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have everything. >> So where you bring the building? >> They can't come to us and then they're submitting it. They walk in with some more stuff or something. Well, they can they can you know if they wanted to come and bring it to us, >> but it won't be an official exhibit.

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>> Yeah, you'll um you look at it if you touch it, it will >> it become past official. Yeah. >> Yeah. >> So, this is after the government inspector's rule, right? >> Oh, an appeal. >> Yeah. Variance appeal. >> Well, an appeal is different than a

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variance, but so if it's an appeal, the building inspector saw something. So somebody can go, hey, like I want to buy this property and I'm a little confused on the zoning. Can I do this? And the building inspector has so many days to

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respond and go, you can't do that. You're like, I think I can. I'm going to appeal that decision. And they come to you and they have the appeal and they bring whatever. There's no like spec. You don't know what it is. So there's nothing specific in documentation that they would bring you.

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They just got to make their case to >> I made my case when I Sorry. >> I'm trying to think of what else did there. >> No, I'm just trying to understand. >> Yeah. >> Does that help? >> Yes, it does. Thank you. >> Okay.

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>> So, what um I'll send our um I'll make the additions and corrections that we've we talked about >> to the the document in the folder and I'll let that know. Um and then uh for the next meeting we'll make an agenda

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item to yeah do a vote to approve it that changes and if you think of other things we can add that we have the discussion then all right so thank you for walking through that

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>> I crawled um Um, so now, uh, did any are people prepared to review the minutes from April 29th? >> No.

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>> So, we have we have enough here. >> Are there is there any discussion or corrections? Uh, do we have a motion to approve the minutes? >> I make a motion we approve the minutes of >> April 29th, 2020.

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>> Second. >> Um, does roll call >> roll call? Just roll call vote starting with >> just go around. Uh, Vicki. Yes. Yes.

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>> Abigail Farley. Yes. >> Call. Yes. >> And then >> yes. >> Thank you. All right. So definitely very happy with us for doing that. >> Got that. Uh

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I think we've done enough tonight as far as going through the >> the pieces. What I would would suggest is um go in the folder >> and there's the uh the various bylaws. What's the name

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of it as? >> Yeah. >> Um besides the new member resources, there's the zoning bylaw >> sections. >> All right. >> And I think what a really good one you might want to download is the zoning

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table. >> Yeah. is really helpful. It summarizes the types of uses against the zoning and so I find that really useful. Um sometimes this fold the folders go away.

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They change the permission not. So you might want to grab that tonight. >> This is the >> zoning tables. >> Zoning table. >> There's a couple of them actually. Yeah. >> Okay. So that that would be useful. And if

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you, you know, go through the 145, um, special permits 145-65, >> um, what we there's a section that goes through the requirements. >> It goes, um, like,

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you know, detrimental to the neighborhood, you know, is there impact to, you know, services, so on and so forth. And those are things that we will look at. Executive criteria. Yeah. That an applicant is supposed to address every one of those questions

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>> and after you sit there and you you're the one answering the questions for them. We got to change that and get people to address it. >> Um I think better >> if they're here, they should be able to answer the question. >> It should be in their applic. It's in

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their application and the answers when you get a copy of their application that's in there in their answers. >> Yeah. And you'll notice like when people bring in usually legal counsel and have them write it, the legal counsel will

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address each >> each one each one. >> Usually they write a letter about what they want to do. >> Yeah. >> Otherwise it meets the criteria. >> So those are recommendations there. Um

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you know the assignment um are we expected to all the the dialogues that were listed in the folder? >> No. No. No. Okay. No. This was um I think this was intended for um to go

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over it for for the new folks and a reminder for the rest of us. Was there something in there about some I read something about a couple people were they were making changes to the bylaws

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because of the new um MBTA thing maybe or something to do with that other agency. It's the Massachusett >> and it didn't get completed. So like whenever there's a new law, you got to go through all the bylaws, you

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know, having a fix where where it's applicable. That's a lot of work. So who's doing that? >> Why is it on this agenda? Was it just >> nothing to do with us? That's what I was doing. I'm like,

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>> I wasn't alone. >> But Beth is really nice about let putting things on the agenda just to like let you know what's going on while the board's talking about >> 99 point out of 100 has nothing to do with us. >> Yeah. >> So even half of the mandatory referrals

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you get, you're like probably shouldn't be commenting on that. What >> rarely might be a case where comment >> right so I think uh there is some correspondence if you're interested in reviewing um there

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should be a survey that's being done um no referrals of any matter mandatory referrals the next meeting is scheduled for the 30th that will a full meeting that's continued a hearing that we've

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continued multiple times. Um there's a >> yeah Brooklyn street >> um >> oh okay so you need me and Dave on that. Does he know this? >> I don't know.

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>> Yeah, let him know because he probably thinks he's done. He's trying but uh no because who was on that? I want to say you were on that. You were on that but did you miss one or something or

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>> No. >> No. Okay. Okay. There was All right. So there were five. >> Okay. Cool. >> So um >> Yeah. That was more than one meeting. >> Yes. We're at three or four of them. >> Okay. >> Was Dave here for all of them?

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>> No. >> No. Um um but they re second it was a second application. >> It was the second application. >> Yes. >> Yeah. First one was not >> not appropriate. >> Um so

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>> if you're interested um you can view the meetings or the minutes. Beth can probably get you the minutes. You want to do it quickly. But there was a meeting um there's been multiple of them. >> What are they going to do? just for

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their interest. >> Yeah. So, they're good. >> Not that, you know, I shouldn't have asked that question, but what the plan was with that is they were going to go through and get some resoning done, which didn't happen then. So, >> so, okay,

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>> I don't know discussing that. >> So, it's just a continuation. >> It's a continuation of the hearing. Um, so see if they have anything new or different to propose or more new information

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that was not available. Um, so and that what date is that? >> June 30th. >> June Oh, June 30th. >> But that's our last day. I think >> we tried to put it out as far as

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possible. >> Um, >> Tuesday. Oh, good. >> I like that they changed it to Tuesdays, even Wednesdays. >> Um, is there any chance if they wanted to do

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it sooner, they could or cuz it was >> right the 30th, >> right? >> Just in case something happens. As long as we have a couple of weeks to add to repost it, I think. >> Um, yeah, cuz we didn't set Did you set

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a date publicly for it yet? Maybe. Yes. >> We haven't posted it. I don't believe. >> So, it's already publicly said it was extended till that date. So, we could pick whatever in between. >> Do you have another date? >> Well, maybe. I don't know. Something before that just in case

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>> that day as well. So this >> this is right before 4th of July. I wonder if people are going to go occasionally. >> Um you know we have we could do it the 16th work

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>> that would give Beth at least that' be two week. That's a month from today. Yeah. >> That's good for me. >> All right. I'll let Beth know. >> Um, we should probably check with Dave.

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We'll let them know it. >> Yeah. I mean, because we can do it with four people, >> but it's nice to have because you need when you're only a four, you need four out of four. It's really nice to have the fifth person

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>> cuz what if there's, you know, that one four gives them the best. >> And so that's our agenda for today. Um, do we have a anything else or do we have a motion to

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>> be it? >> We have a second. It's so >> far away. Second. >> Roll call. >> Sorry. Yeah, he did it. >> Yes. >> Kitchen. Yes.

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>> Rob, yes. Abigail Farley, yes. >> Now the call. Yes. Thank you. Thank everyone.