Planning Board 12/19/2024

(Episode Description is AI generated and may be errors in accuracy)

Discover how our town planning board navigates complex challenges, from delayed meeting minutes to the strategic handling of cemetery access issues at Doe Run Phase 2. We also take you through the intricacies of site plan modifications for 362 New State Highway, where we discuss compliance with MassDOT regulations. With floodplain and highway rules at play, the board's adept handling ensures a seamless integration of necessary adjustments into final plans.

Join us as we tackle the pressing issue of winter road maintenance. Hear how highway superintendent Norm steps forward with a temporary fix, ensuring roads remain passable during the snow season. You'll also learn about the board's contract approval for planning services and the upcoming January 2nd public hearing on pivotal zoning bylaw updates. From regulations to floodplain bylaws, we invite you to engage with these crucial discussions and provide your insights on shaping our town's future.

Transcript

Speaker 1 0:02

I think I printed it out here, all right.

Speaker 2 0:05

Tonight, december 19th, we're calling the planning board meeting to order. You can join us in person or you can watch us live on live broadcast on Comcast Channel 98 or Verizon Channel 34. First item on the agenda 6 pm Of the minutes of November Burke. That could be tabled, no problem. Do you want to table it for the next meeting, january 2nd? All right, push that to 6 o'clock or we'll do that at 6.02 on January 2nd, okay. Next item on the agenda 6.02, doe Run Request for Lot Releases at Phase 2. I do not see anyone here representing Doe Run for the release of lots on phase two. It's our understanding that Doe Run still has yet to resolve the cemetery issue, which is a big outstanding thing with us as far as the town having access to the cemetery due to some easement issues. We do have a sheet here that shows outlining what Phase 2 would encompass, but at this time I believe that we're going to continue this. Bob, do you have anything to add on the Dole Run?

Speaker 4 1:46

continue this. Bob, do you have anything to add? On the door on, I did have a conversation with the engineer who was planning on coming to the meeting that I told him that what this the stance of the board is, and he understood. And I told him not to expect any lot releases until they have a plan in place to recreate the easement or to relocate it. If that's something that the sewer I mean, that's the cemetery Commission would approve, okay. So until that gets resolved, it's on hold.

Speaker 2 2:22

Should we put it for the next meeting, january 2nd, and just see where it pops up at that point?

Speaker 4 2:27

I would continue to move it forward to the next meetings.

Speaker 2 2:31

Just revisit it and see what we're at Okay, so with that we will move Doe Run to the next meeting at 6.05 on January 2nd. Next item on the agenda for 6 0 5 is 362 new state Highway site plan modification. Was there anyone here?

Speaker 4 3:11

Maureen was under the impression that they were going to come and make a presentation. I had distributed to you what they sent me, which was a redline version of what they were requesting that you vote as a minor modification to the entrance and the site at 362 route 44, the popeyes. Those changes were mandated by mass highway and that's why they were back in front of you to make you aware of the change that they they have to make and requesting that a minor modification be voted on. And I also would recommend that, if you did make it a minor modification, that all those changes would just be picked up on that final as no okay, so I guess it would be at the discretion of the board.

Speaker 2 4:04

Would you guys prefer to have the applicant come in and present this? I'm assuming has everyone gotten a chance to look at this does? Anyone by DOT as far as entrances changes.

Speaker 3 4:32

Bob, you don't see any problems with the changes right to MassDOT.

Speaker 4 4:38

No the use the drainage, the parking, all that stays in place. Even Christopher knew that there's really nothing that's substantial Subcurving layouts, some location of the entrances, small things like that that don't really have a big effect on the site plan that you approved originally.

Speaker 2 4:59

I looked at it and as far as these look like revisions that had to be accomplished to comply with MassDOT, so and MassDOT has a final word, so there's not much for us to talk about.

Speaker 4 5:14

Yeah so Keep in mind that that site is a difficult site because not only does it's got MassDOT rules, it also has floodplain rules and they've been struggling with trying to get the floodplain requirements down because they have that on the ground stream that's adjacent to it and they're to make a motion to accept these modifications.

Speaker 2 5:51

Minor modifications to the plans.

Speaker 3 5:54

I make a motion that we approve the minor modification and set forth on the application for site plan approval special permit. The application for site plan approval special permit. It's dated november 2024 with no specific date, and that's showing on the plan site plan data.

Speaker 2 6:21

Yeah, most recent date is 2, 8 of 24.

Speaker 3 6:24

That's what I thought.

Speaker 2 6:26

It said fourth on that plan. Should we add anything on there regarding these revisions to be reflected on the ads bill, I would agree. Okay, would anyone like to second that motion? I'll second it. Any discussion Hearing none all in favor. Aye, all right With that next item on the agenda. We've got another few seconds here for 610. 610 item is Lincoln Woods subdivision discussion.

Winter Road Maintenance and Zoning Updates

Speaker 4 7:18

We on 610? So I've been tracking this for you 610. So I've been tracking this for you. So recently Maureen had found that we have a snowplow account. I've been talking to town council. He's been trying to resolve the bond issue but apparently the developer's attorney is no longer in business. He's officially retired and no one answers their phone calls. So he's trying to make contact with the developer himself, which is another big project that gets with him because he has to get a hold of him.

Speaker 4 7:57

In the meantime, one of the owners of a piece of property there, kevin Orlando, who has been in front of this board a couple of times, he's been maintaining the roads in the wintertime, plowing it at his own expense.

Speaker 4 8:12

He no longer wants to do that, or no longer wants to do that without being compensated because his equipment's getting beat up. I did have a conversation with Norm, our highway superintendent, and Norm's under the feeling that he can probably add that to his list of streets and get that salted, as long as he's reimbursed some of that money each time they go out for a storm through this account that we have. So I told my bring it in front of you. You guys decide how to spend the money, but I would recommend that you know you allow the highway superintendent to deal with a snow there for the time being, until the resolution comes up or town council finds a way to move forward with the bond. Okay, apparently we have $12,000 in a snow plow account. Yes, so Norm would just want to access whatever he needs to service that road whenever it snows through the winter.

Speaker 2 9:25

Okay, um yeah. Does town council have any type of indication on the bond, as far as like, if he doesn't make contact with anyone from the developer? I mean, we haven't reached anyone there for years, so at what point did he say that we move on?

Speaker 4 9:49

I didn't get that feedback from him? Okay, bond, I didn't get that feedback, okay, well, what we are working on all what no one's working on is trying to come up with a list of items that need to be completed and then try to get some figures, some estimates. He doesn't think there's gonna be enough money to bond to finish the road yeah, the way he'd like to finish it, but that's still work in progress and I think he's going to ask Sid and GPI to help him with that. Okay.

Speaker 2 10:19

Yeah, I mean, I would say, for the time being, I would give the highway department access to the snowplow funds.

Speaker 4 10:29

So the residents need to get plowed, I believe that's why you put those funds in place, so that, in case something like this does happen, you'd have a backup.

Speaker 2 10:37

Yeah, okay. So I guess we should make a motion to release the funds to the highway department as needed Needed for snow plowing, for snow plowing and salting.

Speaker 4 10:53

Okay, so moved Seconded.

Speaker 2 10:59

Any discussion Hearing. None all in favor. Aye, we have some invoices and bills that are being passed around for everyone to sign. Old business, new business. We do have the contract here for GPI. As far as you know, the new, latest contract here is to have GPI review projects and reach out to them in regards to work that we have coming up. I know everyone here, I believe, got to read it over. We have a draft here that's prepared to be signed by three members of the planning board If we would like to make a motion to accept the contract and sign it make a motion.

Speaker 3 12:00

Green call construction section services for planning between green, between the town and Greenman Peterson Inc. As set forth in the draft agreement that we've received and reviewed.

Speaker 2 12:29

Do I hear a second Second Any discussion Hearing? None all in favor. Aye, Aye.

Speaker 1 12:37

Okay.

Speaker 2 12:39

So we'll pass this around. We'll make sure that we get three members here to sign this. Bob any other old business new business. Bob any other old business new business.

Speaker 4 12:54

So the only thing left to discuss, I guess, tonight is the fact that we are having a scheduled public hearing on zoning bylaws on January 2nd. That's our next scheduled meeting. That's so that we can move these proposed bylaws forward to a special time meeting which is going to occur on January 14th, that public hearing for two zoning three, two zoning articles that I know of them. I'm gonna ask Greg are we going to move forward with this special amendment at this point? Are we going to save it for the spring?

Speaker 1 13:28

time meeting. My intent is to put that to the board okay, so we're gonna do us.

Speaker 4 13:35

We're gonna have a public hearing on three proposals. One is the ADU bylaw, which is that new bylaw we've been working on. Second one is the updated floodplain bylaw, which is going to replace our current file. Basically it's just updated language that was giving to me to me by FEMA, so that's pretty much what every other town has to have in that bylaw, nothing that we created. It's been created by the state and by that organization. And then the finally is the request to make any site plan approval natural special permit, which we don't have it on bylaws now, and so we'll be discussing those three.

Speaker 4 14:16

I understand Anthony's not going to be here for that, for that meeting. On the second, no, okay, so that'll be an important meeting. There'll probably be some people here ask questions and voice their concerns about, I would say, at least, the ADU, a floodplain. This is the floodplain and the special permit is pretty standard, so we'll probably spend most of our time on the additional dwelling unit bylaw. That being said, I think Greg said he'd discuss that too tonight If you wanted to have a longer conversation about it.

Speaker 2 14:47

Yeah sure, Greg, if you'd like to come up to come up.

Speaker 1 14:54

Yes, we were going to have to post the warrant before you have your hearing and I know you have a version of the ADU that is an update from an earlier one and I just wanted to get the board's feedback as to whether you support that, that newer version of the ADU proposed by law. The changes were made due to further guidance we've gotten from the state. They still have yet to release unless you know something, I don't the final guidelines for the ADU, which is interesting given the supposed to go into effect on February 3rd, but nevertheless we do have draft guidelines that several provisions of the original proposed bylaw we believe would not be valid, probably the biggest one that you can't require that either the house or the accessory apartment have an owner within one of them. That is not allowed under the proposed state guidelines.

Speaker 2 16:22

Okay, Did anyone else have any other feedback on anything else that's gone out in the most recent draft there?

Speaker 2 16:34

so I guess what he's asking you if you approve the final, the last rendition that I sent to you, which reduced the bullet points from 26 to 22 yeah, I mean in the guidance that you guys had gotten was directly from the state, stating that those extras that we had in would have immediately been a fail. So I mean we tried to get as much in as we could and we got kicked back on a few. So I I'd say what we went forward with was something pretty well articulated.

Speaker 4 17:06

So they gave a pretty good document based on what I've seen from other towns. Some other towns haven't even really put any bullet points or any guidelines together. They just go with whatever the state allows. Yeah, so I think you've been pretty proactive, trying to, you know, do the best you can to maintain quality of the neighborhoods, as best you can.

Speaker 2 17:25

Yeah, okay, yeah, I don't have any. I don't have any feedback as far as changes or anything. I was good with what the most recent version, okay that's.

Speaker 1 17:38

That's really all I needed, and I'm assuming there really aren't any changes to either the floodplain or the special permit. That's the same as what was originally so the language on the floodplain.

Speaker 4 17:52

Once we did change it, I did send it to FEMA for their review and they approved it. So it's been approved by them. So the language is what they asked me to change and we should be all set with that.

Speaker 3 18:09

Okay.

Speaker 1 18:10

Well, thank you so much for your feedback. Okay, well, thank you so much for your feedback. Again, we will have to post because the warrants. You must post the warrant 14 days before the town meeting and if we did that on the 2nd, we wouldn't meet the requirement.

Speaker 2 18:28

Okay, thank you, greg. Thank you, any other planning coordinator update.

Speaker 1 18:43

Do you want me to say something regarding the MBTA Communities Act? They felt, for a number of reasons, they want to hear what goes on with Milton, what's going on with Middleborough. Also, we just felt if we went forth in January it would likely not be a good idea. Pass, it needs a lot more education, a lot more discussion. We talked about what the implications would be with the town in terms of discretionary grants.

Speaker 1 19:25

Fortunately, most of the deadlines for those type of grants are past May, so the board is may. So, uh, the board is uh of select more. Board is supporting, as I am putting this on the may warrant and that just gives us a lot more time. It's clear that there's a lot more community discussion necessary, uh, before we can move forward on this. Once again, this is a requirement of the state. We are this isn't something Organically being pushed here, it's it's being pushed by the state, but we have an obligation to put something forth. Yeah, so we've conveyed this to serpent and there they've conveyed this to the state and I'm assuming the board's probably quite supportive of this approach as well.

Speaker 2 20:27

Thank you, greg. Any other planning coordinator updates Bob Bob.

Speaker 4 20:34

I'm done.

Speaker 3 20:39

Okay, serpent update. I was not able to attend the last meeting or last power Got it None.

Speaker 2 20:44

Any plans to be signed?

Speaker 4 20:46

No.

Speaker 2 20:48

Okay, sir, are you here for anything? In particular? Yes, Sure, come on up.

Speaker 3 20:53

I am late. I apologize. Okay, it took me an hour and a half to get from my office in concord, massachusetts, to here. Oh wow, pretty bad on 495. So I'm here for uh random chicken llc, otherwise known as popeyes well, good news you, that's been uh approved.

Speaker 2 21:11

I have to say a word.

Speaker 3 21:13

No, you don't have to say word, it wouldn't help. It probably hurt if I say anything. So yeah, you're good thank you.

Speaker 2 21:21

Thank you presentation. Can you just identify yourself, just so we know you're here.

Speaker 3 21:30

Mark Lonza LA NZA. I'm the attorney for the applicant you got it. Brian Levy was my predecessor, but he's since retired. Okay, Perfect and we'll get a written decision at some point.

Speaker 2 21:42

Yes, yep, yeah, it was a unanimous yes. You know, due to the fact that it was, you know, mass DOT requirements. It's outside of our hands, but it wasn't really anything more changed.

Speaker 3 21:54

Most of the work is in the state highway. Yes, some of it's on site. And then the back side. They switch the door from left to right. Now they'll walk away a little bit, got it, but the decision does say you have to build in accordance with the approved plans. And we just changed the rule and that's why we submitted it, of course.

Speaker 2 22:12

Well, we appreciate it.

Speaker 3 22:28

Thank you changed the world. That's why we said, of course, well, we appreciate it.

Speaker 2 22:33

Thank you thank you do, you get all set, thank you. Thank you, and with that you know we have adjournment. If someone would like to make that motion so moved. Seconded Any discussion Hearing none all in favor.

Speaker 3 22:48

Aye.

Speaker 2 22:48

Aye, thank you.