[0:00] going all right good evening it's 6:30 [0:03] we have a quorum we'll call the planning [0:04] board meeting to order and first up reg [0:08] Mr dwire that would be Mr eer unless [0:11] he's [0:13] observing guest M Mr eer better have uh [0:17] Mr DWI and Mr maximi better have [0:19] received a plan that I [0:23] sent [0:27] yeah so Randy obviously you knew would [0:30] not be able to sign it as an a butter so [0:32] you're very [0:40] astute so do do you have that bill you [0:43] can put it on the scre yeah right now it [0:45] won't let me show the [0:50] um that's the Kelly an anr [0:55] yes okay uh I've got to download it [0:59] because it is not [1:03] uh okay well I can I can talk about it [1:06] while you're doing that so this is Kelly [1:10] anr at the corner of Stockbridge and [1:12] Roosevelt Street on the Westerly side of [1:16] Roosevelt Street the there's about 30 [1:20] and a half acres there right now uh it's [1:23] all in APR [1:25] currently uh Mr Kelly and his wife Marcy [1:29] would like to divide it uh five acres [1:33] they're going to keep and 25 acres the [1:35] Divine brothers are going to buy so the [1:39] lot one is what's going to be kept by [1:42] Kelly lot two is what's going to be [1:44] acquired by [1:46] Divine uh as I said both of them are [1:49] currently under APR restrictions so [1:52] there will be no further development of [1:55] either [1:57] lot um it's pretty cut and [2:02] dry Randy was this uh under the APR [2:07] program was this the old APR or the new [2:09] APR was [2:12] there was what Joe I'm sorry well [2:15] regarding the price uh because under the [2:18] new APR the the state has the right of [2:20] first refusal well maybe Bill knows the [2:22] answer but uh so did they have to go [2:26] through a lot of paperwork in uh [2:30] getting other bids or not I don't know [2:33] the answer to that Joe but I know that Johnny Kelly has worked with the [2:37] APR people to get to this point where he [2:40] knows that they are going to allow [2:43] divines to buy this yeah that okay [2:46] obviously they're in the farming [2:49] business so that would be no [2:53] question this is hearkened back to the [2:57] seago property that was originally per [3:01] purchased at a higher price but then [3:04] taken away from that person oh [3:08] yes [3:10] but no I don't believe there's any of [3:13] that going on [3:15] here look I was just looking for some [3:18] information and [3:20] uh that that particular problem involved [3:24] a mortgage foreclosure sale too so [3:28] that's that's not what is involved [3:31] here oh [3:33] no but the AP Pro APR program is still a [3:37] good [3:37] program oh yeah it has it flaws but [3:41] nevertheless [3:43] it's y right any questions from [3:47] anybody not motion to approve so let's I [3:53] can't tell Mark is actually here at the [3:55] moment no I'm here okay when I try to get right on top of the [4:00] image you don't want to see my face that [4:02] close so I just turn off the [4:06] camera [4:08] um so [4:11] uh Joe is in the butter and uh I have [4:15] represented all of the parties at [4:17] various times and I don't know if I will [4:20] be representing them in the future so um [4:23] I think if [4:26] um Mark you could make the motion and [4:28] Mike you could second it and then it' be [4:32] 302 I would make a motion to approve as [4:38] submitting second like motion and second [4:42] any other discussion if not all in favor [4:45] I I let's do a roll call Vote for This [4:48] one Mr [4:50] Dunn oh [4:52] okay Mr SS I myself I Mr DWI abstain [5:00] Mr zagrodnik abstain motion passes [5:06] 302 okay thank you very much gentlemen I [5:09] will be in touch Jimmy uh and we'll take [5:12] care of the rest of it whatever okay all [5:15] right thanks a lot have a good night [5:16] guys have a good one [5:18] day bye bye [5:26] goodbye and um let's see I believe Kyle [5:31] Fel is part of planning Pioneer Valley [5:34] Planning Commission take the plan down [5:36] bill yeah okay Kyle and Ken [5:39] are yeah here take my [5:45] abuse Mr Quin oh we got an invoice to [5:48] pay for for uh Kyla she attended that [5:54] cptc seminar last week I believe for $40 [5:58] anybody else go to that [6:01] I signed up for it but I did not uh make [6:04] it there but I got the [6:06] handouts okay um so we have one invoice [6:10] to pay for Kyla for [6:13] $40 I'm assuming she'll somehow submit [6:16] something to the to the uh accountant [6:20] Bill yes I'll go over whatever she needs [6:23] to do okay so I'll make a motion to [6:25] reimburse her for [6:27] $40 second second motion second any [6:31] discussion all none all in favor I I I I [6:37] any opposed motion passes unanimously [6:40] very [6:41] good [6:48] okay since um uh pvpc is an appointment [6:53] and not a public hearing I don't think [6:55] there's any harm in [6:58] just okay Mr coma and Mr [7:03] Kyle you are up [7:06] gentlemen welcome hi Bor good evening your holiday red [7:14] on mine is orange but Kyle's is red I [7:17] saw him at the office today so his is [7:20] red trying to get trying to get into the [7:22] spirit [7:28] Jo well I think uh the big topic that we [7:32] have for you this evening um forgive the [7:35] late notice but I sent over the latest [7:38] version of your Draft rules and [7:41] regulations um and I'm happy [7:45] to open that document up now for you if [7:49] you'd like to share the screen but um [7:53] yeah when did you send it over uh I did [7:56] send it over this afternoon I believe I [7:58] 4 13 PM if I remember unfortunately time [8:02] stamped uh so I believe uh I sent it to [8:05] all the board members but um it's very [8:08] similar to the last document and uh [8:11] before we actually get into it I was [8:12] hoping we could entertain a bit of a [8:15] back and forth uh because it's the the [8:19] latest version [8:21] has all the reference documents that Mr [8:24] dwire has provided and we believe all [8:27] the feedback for this ongoing [8:30] process and at this point I'm curious [8:33] It's about 40-page document and there [8:36] may be more um content to build into the [8:41] thing but I'm just curious if um making [8:47] sure that it is reflective of what the [8:48] board is [8:50] doing um if approaching it moving [8:54] forward at the regularly scheduled [8:57] meeting is appropriate or if a [8:59] subcommittee might be a better [9:01] approach we only got through eight pages [9:04] last [9:05] week I don't know if we'll get further [9:07] along this week I know this is a top [9:10] priority and I want to uh Advance it um [9:14] expeditiously but I also want to be [9:16] respectful of of everyone's time and and [9:19] would appreciate your feedback on in [9:21] moving forward is this the best [9:25] approach recommendations on the board [9:27] what do you what would we like to do you [9:28] like to do 40 pages is a lot I mean uh [9:33] we will wave through it but uh to expect [9:36] an ordinary citizen to be able to wait [9:41] through something like this uh i' would [9:44] be expecting a [9:46] lot I don't know how if it could [9:49] be HED down to fewer Pages or not but [9:54] uh I I I do see a benefit to going over [9:59] it um that's what we did with the master [10:03] plan that's what we did with the [10:04] subdivision regulations and yes it's a [10:07] lengthy process but hopefully we won't [10:09] have to do it very often we uh get [10:13] everything put together and what build [10:16] it the first time and the the next [10:18] edit's going to be a lot easier so um we [10:23] have [10:24] tried the best we can to hold um the [10:29] first Tuesday of the month for planning [10:31] issues and if we take it in you know our [10:36] siiz [10:37] bytes um we'll probably get through it [10:39] faster than you might [10:43] fear yeah I mean I think I do okay Mr [10:46] SARS or Mike or Mark what do you think I [10:48] agree with that I mean enough with [10:50] subcommittees let's just go go for it [10:53] yeah I do think yeah that if if we can [10:56] take it in bites as Bill said [10:59] it looked like this had uh the [11:02] predominance of the highlighting on the [11:05] last page in under [11:08] Administration yeah right and that and [11:11] that is a carryover and so that's that's [11:13] part of what um I think [11:17] uh if if the board is in agreement and [11:20] um don't let me c off um Mr chair but if [11:24] we're in agreement to take it in [11:27] sections uh at our regular scheduled [11:30] evenings um hopefully in about an hour [11:34] uh I think the first question I have [11:36] then [11:37] is can we get to uh an agreement [11:43] of is everything we want in the document [11:46] in terms of big chunks present or are [11:50] there glaring omissions that we need to [11:52] address would that would would the board [11:55] agree that would be the first thing [11:58] rather than going line by [12:00] line and start with the outline and then [12:03] get to the weaves if we could get into [12:07] that part of the reason I I bring this [12:10] up uh also is because I believe there is [12:13] a lot of um uh [12:16] redundancy as we've brought over [12:19] sections of [12:20] bylaws um that we could start just to [12:23] Omit um it might make the process go a [12:27] little bit faster but if if we're ready [12:29] to jump in I'm happy to share yeah when [12:33] don't we why don't we start with the [12:34] outline and see if we can highlight [12:36] anything that we don't have right that [12:39] we've [12:41] omitted and I'll just take this moment [12:44] to whine as I did on the [12:47] email that uh by The Virtue that this [12:52] came in this afternoon and I worked [12:55] until I just got home I quickly scanned [12:58] through it but did not read it for [13:00] Content so I feel wholly unprepared [13:05] to make constructive comments on it so [13:08] hopefully I can add comments after the [13:11] meeting and we can discuss if there's [13:14] any content that that's a good point [13:16] mark and I think if we just go over the [13:18] outline tonight even if it doesn't take [13:21] an hour or so at least have everybody [13:24] contemplate the basic outline and what [13:28] is needed is something missing is there [13:30] too much and just go from there maybe [13:32] just a good it'll be a good starting [13:37] point thank you [13:41] Jim yeah so I I appreciate that and I [13:44] think um um yeah I'd like to Circle back [13:48] to that once we get through the the [13:50] outline and get a sense of what we like [13:55] so um pretty standard opening section [13:59] uh last meeting we got through I [14:03] believe it was only the first eight [14:05] pages but I believe it was the first [14:08] five sections so these should be [14:10] familiar and um we can jump [14:14] to the particular subsections if we like [14:19] but introduction [14:21] organization uh I believe um there was [14:24] no huge um Omission there now we [14:28] actually added a little bit of [14:30] content um so then [14:35] sorry um so organization [14:39] meetings uh I believe we added um a [14:43] section [14:45] on absences if that's correct since the [14:49] town of adoped the mullen's [14:52] rule [14:53] um and please interject if I'm [14:57] mistaken uh but then we get into [14:59] preliminary [15:01] review [15:04] which I don't believe we had [15:06] any large [15:08] issues uh removing the preliminary [15:11] review fee KY if I can just just [15:15] interject and Jim or or you know anyone [15:18] stop me if you disagree but for for [15:23] someone uh as Joe said you know just an [15:25] ordinary citizen watching this could I [15:29] just ask you to correct me if I'm wrong [15:32] in saying that this [15:34] is uh basically almost like a charter to [15:38] describing what our board is and what we [15:41] do right I mean this isn't a bylaw that [15:45] so much [15:46] affects uh you know someone's property [15:49] it's more about our process is that you [15:53] know just to get the over you know so [15:55] everyone knows what we're talking about [15:58] and and it's a it's it's a it's kind of [16:00] a guideline of our process and where [16:02] certain things are a little bit fuzzy [16:06] this kind of clarifies and gives [16:09] explanations on things that we the way [16:12] we do [16:14] things but I I like like uh Mark glanced [16:20] at it and just went through a few things [16:22] and I just keyed on [16:24] uh home [16:27] occupations [16:29] and it actually said what you can't do [16:32] you cannot hire somebody in your office [16:35] besides the owner of the business which [16:38] I think is kind of odd what if you want [16:40] to bring a bookkeeper in hell I remember [16:42] my mother used to work for Bobby Hanan [16:45] half days at Lakeside fuel doing [16:48] bookkeeping uh so just there there's [16:51] other things besides procedure in here I [16:54] think uh Mark okay yeah that particular [16:58] thing on home occupation is just a [17:00] repeat of the actual Zone bylaw and a [17:04] home [17:05] occupation is somebody [17:08] who has no employees works completely [17:12] out of their home for basically running [17:15] their business but they go out like a [17:18] like an electrician if you will yeah [17:21] okay or plumber or or anybody like that [17:24] if you have an employee even if they [17:26] come into your house and do book keeping [17:29] well you may need a home [17:32] business or you know it depends I guess [17:35] how much time they spend in your house [17:37] doing bookkeeping if they come [17:39] in you know nobody's GNA we're getting [17:43] in kind of splitting hairs here yeah and [17:45] well it actually illustrates maybe an [17:48] approach maybe we should reconsider our [17:51] approach and not just make the [17:53] regulations a summary of the [17:57] bylaw but maybe focus a little more on [18:00] how [18:01] we conduct a [18:03] hearing [18:06] yeah so it's a it's [18:09] a and I'm sure I know at one point Ken [18:12] did an inventory for us because we have [18:15] multiple bylaw sections that say and the [18:17] planning board shall adopt [18:20] regulations and we basically haven't for [18:23] anything apart from the Village Center [18:26] overlay right so this is filling in some [18:29] blanks and checking off some boxes [18:34] um but um yeah I i' like to I'm looking [18:37] forward to giving it a more thorough [18:39] review too I didn't actually even see it [18:41] come in until you told me you had sent [18:43] it and I checked for your [18:44] name so uh I'm I'm completely C cold on [18:48] this except that I've been involved with [18:51] aspects of it for a while and Mike Mike [18:55] SARS in one way these regulations could [18:58] also Al Define how we [19:01] interpret um the home occupation such [19:05] that somebody comes in and hires a [19:09] bookkeeper one day a quarter to look at [19:12] their books well that's not really an [19:16] employee give a little bit of leeway on [19:18] certain things better Define things okay [19:22] good by the way one or two of my sisters [19:25] work for Bobby hon [19:26] too come to [19:30] [Music] [19:32] think [19:34] um okay so we can turn the Talking Stick [19:37] back to Kyle sorry sorry for that little [19:40] sidebar I just want to clarify important [19:44] it I agree uh and I do appreciate uh the [19:47] sidebar um Mark Mike everyone for [19:51] contributing uh I think [19:56] um bill is correct that there's some [20:00] content to add there's some clarity to [20:03] be made and I think there's also um more [20:07] value in this document than just [20:10] reiterating exactly what the individual [20:13] bylaws say um so I think if we start to [20:18] get [20:19] past [20:21] um the more [20:23] administrative uh General um sections 1 [20:28] two 3 we start to get into the uh how [20:32] the board conducts business and the [20:34] circumstances which uh initiate each [20:37] step we start to see um some larger [20:42] sections like section five special [20:44] permanent [20:45] review [20:47] um I think [20:51] um this format of excuse [20:57] me sorry I got to the wrong page there [21:00] but [21:01] um this pattern of a quick U reference [21:06] to where the authority is coming [21:09] from uh what the task for the board [21:13] is what the role of the applicant is and [21:17] then procedure I think that's a very [21:19] logical pattern it doesn't hold true [21:23] throughout all of the [21:25] circumstances that we get into and I [21:27] think that's where [21:29] um we [21:31] may [21:33] uh carve off our size bites sections [21:38] that we can address in turn um but I [21:41] just wanted to point that out as a [21:42] pattern uh for the board to [21:46] consider sounds good um I again not just [21:51] thinking about the the value of this [21:53] document for the board but also um Joe [21:56] had mentioned you know for a citizen [21:59] wanting to bring business to the board a [22:02] more concise um but accurate document I [22:06] think is [22:08] preferred so then we just start getting [22:10] into the sections so um we we said we [22:14] weren't going to do this so I'm going to [22:15] go back up to the uh table of contents [22:18] just to follow this pattern and review [22:20] what we have um so we have commercial [22:23] site plan review or approval excuse me [22:28] in section six and I just need to move M [22:31] more um in section seven planning Bo [22:36] hearings um including site [22:38] visits uh we do have our fee table which [22:42] we'll want to make sure is accurate and [22:45] up to dat uh and I believe the way that [22:48] it's written now it also uh claims to [22:51] supered any other documents it's this is [22:54] supposed to be the most accurate and up [22:56] to-date um fee table uh we have a [23:01] section nine waiver of rules waiver of [23:03] compliance and a request for River [23:06] waiver of rules excuse [23:09] me section 10 is more [23:12] Administration um we can jump to that if [23:16] we' like some more clarity on [23:19] that [23:20] um it's really just [23:23] um C codifying when when these adopted [23:28] and how to go about changing those uh [23:32] then you start to get into the more [23:33] specific bylaws and circumstances that [23:37] the board will have [23:39] um such as design reviews for limited [23:45] business [23:49] um excuse me so and then home [23:52] occupations we added the home occupation [23:54] section which is I believe Jim you [23:57] pointed out it's pretty much that bylaw [24:01] um um we have some questions about it [24:04] section 13 erosion sentiment control is [24:07] very similar it's just about the [24:08] entirety of that bylaw and the [24:10] inclusionary zoning which was added uh [24:14] Mark you noticed a lot of highlighting [24:16] in that section the highlighting is [24:18] actually I believe the most relevant [24:21] sections of the bylaw to bring into the [24:23] rules and rs but that is the entirety of [24:26] the bylaw in the document currently [24:28] so that's how it's structured now [24:32] um yeah I welcome feedback from the [24:35] board at this point yeah so so Kyle on [24:38] that 12 13 and 14 where it's I mean [24:41] correct me if I'm wrong but it sounds [24:43] like we've started by putting the whole [24:47] novel in here should we not consider [24:51] boiling it down [24:53] to uh what the other intent was to kind [24:57] of [24:59] how the process works or [25:02] it's I don't know yeah would I'm just [25:07] afraid if we have too much information [25:09] No One's Gonna read [25:11] it [25:14] exactly why why would you in put home [25:18] occupations in this document when in [25:21] actuality it might [25:23] represent 10% of our [25:26] business [25:28] why is it [25:29] here I guess it's I guess he's trying to [25:32] cover all the options but well because [25:35] it says it says the planning board shall [25:37] adopt regulations so we're trying to put [25:39] the regulations for each of the areas [25:42] we're supposed to adopt something I [25:44] don't think we need to [25:47] repeat my two senses I don't think we [25:49] need to put the bylaw into the [25:52] regulations right we need to put only [25:54] the pertinent sections that we're trying [25:57] to [25:58] adopt something that's a little bit [26:01] fuzzy if you would or how we do [26:09] things I guess I guess the question to [26:12] ask is you know when the board adopted [26:15] these particular bylaws particular to [26:18] home occupations I can that's the one [26:20] I'm I'm most curious about um was their [26:26] conversation at the time about [26:29] where you could find rules and [26:32] regulations that wouldn't be found per [26:34] se in the bylaw or was there some [26:39] discussion by the board when this was [26:41] passed [26:43] that would have suggested [26:46] that there are rules and regulations to [26:49] administering this particular bylaw [26:53] that are not served well in a in the [26:56] actual bylaw and should be in this [26:59] particular [27:01] document I'm I'm GNA sus suggest that it [27:05] was probably language that was imported [27:08] from a draft and never questioned or [27:11] challenged okay so it [27:14] stay although I think Jim was working [27:18] you were working on the home occupations [27:19] and I was working on the bed and [27:21] breakfast at the time that's right yes [27:24] yeah if you if you read you're right [27:27] bill in the original documents even [27:29] before I came on it was candy making and [27:33] dress making were an example of Home [27:36] occupation and and those were merely [27:39] examples I think to follow and a lot of [27:42] that was written from a uh a [27:47] text of Professor bacon from ammer [27:50] college and it would check off the boxes [27:53] what you want to have in your bylaw so [27:58] we've come a long way with [28:02] individual and I don't think we should [28:04] have there's been just some discussion [28:06] not a lot but some discussion about [28:07] getting rid of the inclusionary zoning [28:09] by law that's one member's dream and U I [28:14] don't know why we're focusing on that [28:23] here let's keep it in play for the time [28:26] being even if it's as the placeholder [28:29] right maybe we'll come across that magic [28:33] definition and Lou pman or it may be all [28:38] resolved if uh we come up if if the [28:41] state adopts a some form [28:44] of uh sales tax on high value homes that [28:49] would go to affordable housing trust [28:51] fund that then we can look at it a [28:54] different [28:55] way yeah it appears that the word adopt [28:59] is being very kind it appears that the [29:02] state is dictating Zing [29:06] now so be it so be it they yeah they [29:11] make the [29:12] rules well I I thought our town meeting [29:16] made the [29:18] rules only because chapter 48 spells out [29:21] what town meeting can [29:24] do remember there are limitations of [29:27] what Tom meting can't regulate in [29:30] 4A you want to secede from the state [29:35] Joe no but uh you know certainly [29:39] uh the idea of having the National Guard [29:43] come in and declaring an emergency [29:45] because it's something that [29:48] is politically [29:50] feasible uh and if you live on the MBTA [29:54] line they're really that's a little bit [29:58] more honorous they say you could take [30:01] down a single family house and put up a [30:03] three-story apartment building with no [30:05] parking as long as it's on the MBTA line [30:08] and that's overruling local zoning but [30:11] that obviously is going to be [30:14] challenged so the one thing I am seeing [30:16] as we go through this and I don't want [30:18] to get off on too many tangents I agree [30:21] if you could go back just to the just [30:25] back to the outline yes [30:28] absolutely so I'm seeing um as you [30:37] scroll down let's just see if we can [30:40] stay on these two pages y organization [30:44] the meetings the preliminary review [30:45] special permit review then you'll jump [30:48] into site plan approval yes then you [30:51] have at least two if not three sections [30:53] that are administrative again hearings [30:56] fees waiver rules and [30:59] administration um all it seems like all [31:02] of those could go into the first [31:05] unit so not necessarily combining or [31:09] consolidating but just shifting S8 n [31:13] 10 yeah 78 n 10 yeah I think they [31:16] probably could live within one two three [31:19] or they could be to come the new four [31:22] five and six right [31:25] um I think there's probably some certain [31:27] redundancy there and then if you'd [31:29] scroll down towards the the end I think [31:33] the rest of these are all pretty much [31:34] substantive areas right yeah and so the [31:38] question would then be what is missing [31:41] of the substantive areas where you want [31:43] to elaborate and clarify those fuzzy [31:47] details as jimage so if you would go [31:50] back up to [31:53] uh uh yeah what what triggers getting here as a as a a [32:01] process I mean food trucks anrs [32:06] uh accessory Apartments I mean what [32:13] uh how do you make the cut you're right [32:16] so if you go back up to uh well first [32:20] special [32:21] permits [32:24] um the um I think you have some language [32:28] that the planning boards has authority [32:30] over certain special permits I think [32:33] that might be a good place to [32:35] incorporate I believe you Ken you did an [32:38] inventory or there's an inventory [32:40] somewhere what special permits we have [32:42] authority [32:43] over I guess yeah I recall we'll have to [32:46] dig that out I remember putting [32:48] something together for that so rather [32:50] than say certain bylaws just say what [32:53] the special permit jurisdiction is right [32:57] um I think we want to have a reference [33:00] here to the separate subdivision [33:03] regulations which we have already [33:05] adopted so just uh just a clarification [33:10] that yes we have [33:12] authority to adopt subdivision [33:15] regulations and we have done it in a [33:17] separate [33:19] document right [33:21] um and then I think um we just want to [33:25] be sure if we do have where wherever we [33:29] have if these four or five uh site plan [33:34] approval um home occupation uh if we [33:39] only had promised to adopt regulations [33:43] in a few of them then we should have [33:46] that few at least as a starting point [33:50] and the rest of them can be covered [33:52] under the general special permits [33:56] section [34:00] we do have [34:02] very know site plan approval which is a [34:05] special permit for appeals purposes is [34:08] probably the most common one we do um [34:11] home occupation was big for a while we [34:15] haven't the one we just did is the only [34:17] one we've done in the last five years [34:20] probably and um I don't know if we've [34:23] ever done a site plan approval for for [34:26] uh soil removal [34:38] to your point Joe I think that yeah [34:41] maybe a 40-page document but at the same [34:44] time if someone's coming in for site [34:46] plan approval they're not going to be [34:48] looking not going to be worried about [34:50] how long the chapter on U inclusionary [34:54] zoning might [34:55] be um I think if we can keep most people [35:00] are only in for one thing or two things [35:03] at at any one [35:06] time [35:11] um so um they'll look at the portions [35:15] that just relate to what they're [35:17] interested [35:24] in thank you Mr DWI [35:32] is this a good place uh in this document [35:35] to put a general statement about um [35:41] limits of our approval that our approval [35:44] is on [35:46] our um bylaws and codes and does [35:50] not uh bypass other you know what you [35:55] have on that standard sheet that they [35:57] sign off after an approve you know would [35:59] there be someplace in here that would be [36:01] good to I think that would be [36:05] appropriate [36:07] um trying to remember if there is a [36:11] statement required yeah that that [36:13] statement good [36:17] [Music] [36:25] point yes okay um if it's not here I [36:29] will make sure to include that statement [36:31] of authority and limitation mark thank [36:38] you do that mean I'm just trying to [36:41] think this is kind of a place to put [36:43] FAQs you know things [36:46] that I'm thinking of it as a place [36:49] to if it's a first place that people go [36:52] to who don't you know they're not like [36:54] Randy eer that they're here every every [36:57] other [36:59] meeting might be a good kind of I FAQs [37:03] isn't quite the right term [37:09] but yeah but you I'm correct me I'm [37:13] wrong Mark you're picturing something [37:15] like an appendix that might just be like [37:18] a streamline process for any [37:21] applicant or quick [37:24] yeah quick we we've we've worked on that [37:27] kind of stream that that if then right [37:32] get very gets very Case by case I don't [37:35] know I think Jim or or Bill might might [37:38] correct me but I think we might have [37:39] wanted to shy away from that because [37:41] there's always gonna be a case when they [37:43] say well your diagram didn't say I had [37:45] to go there you know right or we have a [37:48] catchall that says and any other [37:51] applicable but [37:55] yeah I think this is is a good place to [37:57] give [37:58] people the basic Lowdown [38:02] on how about the statement we're not [38:06] any zoning enforcement board or a [38:11] policymaking board does you think that [38:14] needs to be in because somebody will say [38:16] I'm coming to the planning board because [38:18] I noticed the zoning violation or is [38:21] that [38:25] redundant that might fit somewhere into [38:27] the the section one or two you know that [38:32] what was one that was in [38:34] introduction uh yes it's introduction [38:37] and then you have your organization [38:39] which starts off with the duties of the [38:42] board [38:44] um and there could possibly [38:47] be you know you could at the end of that [38:50] say things that are not duties of this [38:53] board and that's where Joe's statement [38:55] you know we are not an enforcement [38:59] uh correct yeah we could we're not a [39:03] collections Bureau we're not a [39:08] yeah but in line with that Andy we in [39:15] the past we have had people that would [39:17] come to us or board members that would [39:20] point out zoning problems and uh [39:25] generally we present it to our full [39:28] board and then we vote on it and when we [39:31] vote on it we vote to send the concern [39:35] to the building inspector or the zoning [39:37] enforcement officer enforcement officer [39:39] correct I don't think that has to be [39:41] included but that's just the way we we [39:44] operate with a [39:54] conern yeah perhaps perhaps not [39:57] procedure to include in this document [39:59] but I think a fair approach to Fielding [40:02] concerns from [40:05] citizens because of institutional [40:07] knowledge on this board many times [40:10] somebody at Town Hall will say well go [40:12] to the planning [40:14] board that's um absolutely and so thank [40:19] you gentlemen for class tonight uh it's [40:21] been it's been helpful I always do [40:23] appreciate joining you and bringing you [40:25] um hopefully something to contribute to [40:28] your wonderful work um I think um [40:34] this the last 30 minutes or so has been [40:37] a helpful exercise because like you said [40:40] um Mike there's a lot of institutional [40:42] knowledge and I believe you brought it [40:44] up or someone else in our last meeting [40:47] um I I like the document to reflect how [40:50] Hadley does business and it's readable [40:53] and it's accessible uh and I appreciate [40:56] the feedback tonight [40:58] um I think I have enough Direction um I [41:03] think I have something um a lot to [41:06] accomplish but I think we can like you [41:08] said bill I think this could go a lot [41:10] faster than I would [41:12] fear one of my one of my concerns has [41:15] been the transition to the next planning [41:18] board members because it's gonna happen [41:21] it has it will happen and I don't know [41:23] if this is an appropriate place to try [41:25] to [41:26] figure something out but [41:29] uh well yeah I think you're you're [41:31] absolutely right we're we're writing [41:33] down what we do what we you know someone [41:37] comes into the board and [41:40] we Jim or I usually or Joe gives them [41:44] the same Spiel every time yeah about uh [41:48] you know come in to see us informally [41:50] then file with us so that we can review [41:53] for completeness and then you should [41:55] take it to per review da da da da da da [41:59] um and [42:01] U you you've heard it enough times now [42:04] that you and you and Mark can probably [42:07] repeat it uh from memory but uh writing [42:12] it down is going to make it that's going [42:14] to be our transition plan that uh this [42:18] is what's worked for us and this is how [42:21] we've done it and U yeah let's capture [42:24] it uh as best we can here so that when [42:28] someone comes in with uh you know zero [42:31] experience you can hand them this it's [42:34] probably going to be more important to a [42:37] new board member than to a community [42:40] member well my main concern is a [42:43] transition plan for you and Mr [42:46] maximi well it's the added WR down what [42:50] you do and then you say yeah and that [42:54] way to your point Mike if it's written [42:56] down good it doesn't have to be super [43:00] specific but it has to be specific [43:02] enough that somebody knew coming in [43:04] should something happen to one or all [43:08] three of us God forbid you know at least [43:11] there's guidelines on how how to operate [43:14] well then someone at pvpc can help [43:17] people interpret this stuff I mean [43:20] it's I think that's why we've got them [43:24] well we've got them because Mike this is another historical perspective [43:31] there was a [43:32] committee uh formed I call it the [43:36] anti-plane board that wanted to get a uh [43:40] a town planner that they would appoint [43:44] and that could overrule or basically [43:46] dictate what's going to happen to the uh [43:49] members that were elected and uh so one [43:55] of the the compromise was yes why do we [43:59] hire Pioneer Valley planning Authority [44:01] they can help us negotiate some of the [44:05] more difficult zoning regulations and [44:08] also help us craft zoning bylaws so from [44:13] the [44:15] Inception uh they've been very [44:18] helpful but certainly like uh many [44:23] organizations that organization has [44:25] gotten huge you [44:28] know so I do want to assure you Kyle [44:31] that it is easier to edit than to create [44:35] so this is not intended as a a criticism [44:39] of your work um just working our way [44:43] through it no I um I do appreciate that [44:47] bill and I appreciate the process and uh [44:51] I take it all in stride and recognize [44:53] it's it's part of it um I think once we [44:57] have everything here um the editing will [45:00] come along quickly and I appreciate [45:01] everybody's attention to that um I'll be [45:04] sure to get this with enough Headway so [45:07] everyone will have plenty of time to [45:09] review and I'll try to be respectful of [45:12] the the board's practice of getting [45:13] things to you on [45:15] Fridays uh if not sooner um but I [45:19] welcome any any feedback you have uh the [45:23] document uh in the email I'm happy to [45:25] resend it [45:27] um and I can also send it as a I think I [45:30] sent it as a PDF so I can send it as a [45:32] Word document if you prefer just let me [45:34] know [45:35] um and yeah please um I welcome all the [45:39] feedback that's all I have for this [45:41] document tonight thank [45:46] you [45:48] great anything else Mr [45:51] Kyle Mr anything from Mr [45:54] comia um do Mr [45:57] Ken well other than um really [46:00] appreciating Kyle's work on um many of [46:03] these [46:05] various um documents that a lot of the [46:09] planning boards that we're working with [46:11] um it's this type of work we're putting [46:13] together a set of rules and regulations [46:15] and we're having similar conversations [46:17] about what belongs in there and what [46:20] doesn't um so it's very helpful um I [46:23] think for both Kyle and myself to create [46:26] some efficiencies um and understand some [46:28] efficiencies as we do this work [46:31] elsewhere um and what may work in Hadley [46:34] is not necessarily going to work in [46:35] pelum vice versa um but I think um since [46:40] our last meeting the the biggest to do [46:42] and I don't know if the board has given [46:45] an additional thought to um DTA that at [46:48] the moment is due um on Friday that [46:52] application there was the conversation [46:54] that we had at the last meeting which [46:56] was regarding um an assessment of [47:01] parcels um for a possible 40R District [47:05] um whether or not that's something that [47:06] the board wants to do um I will say that [47:10] you're probably not alone if that's [47:12] something that you would want to do um I [47:15] have at least three applications that [47:16] are coming in that are going to be [47:18] looking at [47:19] 40R um so I you know I'm here to you [47:23] know address any questions that you may [47:25] have [47:26] um as to what the expectations may be [47:29] for the application I think as you've [47:31] done in the past the application is [47:33] pretty minimal um it's a narrative it's [47:37] you know maybe aligning some pages from [47:40] um the various plans that the town has [47:42] adopted you've adopted the master plan [47:45] you have adopted the housing production [47:47] plan um and then um just attaching that [47:51] to documents that you would forward to [47:53] the executive director um um so I think [47:56] that was the other component of work [47:58] that we're currently working on um you [48:01] know this discussion of of um 40R that's [48:04] something that the board still wants to work [48:07] on um in addition to any other tasks [48:10] that you may identify in you know in [48:12] your work plan um but it's the rules and [48:15] Rags that Kyle's been working on and um [48:18] anything else and would this would this [48:22] be a subcommittee or is this just [48:24] something that how does that work so you [48:28] mean what DLT like how that DTA project [48:32] if if the if to have the applies and [48:34] they receive the DTA Grant sure um how [48:40] does that operate on a 40R it can [48:44] operate in multiple ways so similarly to [48:48] the housing production plan um you had a [48:52] committee um that was made up of members [48:54] of the community [48:56] um in addition to probably representing [48:58] other committees in town um I could [49:01] foresee you know the discussion points [49:04] and presentation of data that would be [49:06] presented to the town go through that [49:08] committee um in some towns when they [49:11] work on 4dr it's working with the town [49:14] planner and the planning board and [49:15] attending the planning board meetings so [49:18] you know it's it's dependent on how if [49:21] you were awarded that particular Grant [49:24] how you would want [49:26] this particular process to look like but [49:29] as you you may know as you probably know [49:32] is the grant is runs from January to [49:35] December so um you know within the work [49:38] plan identifying time in addition to [49:41] maybe anything else that you may have us [49:44] working on outside of [49:48] DTA okay I'm going to share um my screen [49:52] I did put it on the agenda for tonight [49:56] uh to uh I did put the application on I [49:59] filled it out and I've done a narrative [50:02] so let me just bring up a couple of [50:05] things um I'll just note that Mike had [50:08] his hand [50:14] raised so here is the uh the [50:19] narrative for the [50:24] DTA [50:27] you can see that let me get it a little [50:30] bigger [50:32] yeah what I [50:34] wanted that's not what I [50:37] wanted okay I don't know where it went [50:39] so hang on a sec I'll try again you just [50:45] had [50:51] uh okay well let me go to the [50:53] application first as Ken said it's very [50:58] basic that's [51:02] it you know just have um authorize U Jim [51:08] to sign [51:09] it now stop share on [51:13] that and go back to the [51:20] narrative [51:21] [Music] [51:23] and start share on [51:29] that okay so again it is uh a [51:36] very very brief [51:42] narrative you want to take a look at [51:44] that if you have any [51:54] suggestions supposed to be a future town [51:56] meeting I I guess the key word is there [52:00] we have been [52:02] discussing uh 40R as a board for months [52:06] and the impetus for this came [52:10] from CDC [52:12] proposing the cage as a 40R property and [52:17] that was going to be our lead property [52:20] in this [52:21] 40R application but in the meantime [52:24] there's no longer [52:26] legal things happening regarding that [52:28] property the state has [52:30] decided Ken that it'll be affordable [52:34] housing uh so is that included in a 40 [52:39] hour application if there's a Fed [52:44] complete you mean the impetus for [52:48] creating a 40R District would have [52:50] started if the [52:53] 40b would there be a need for a 40R if [52:56] the 40b project was approved is that [52:59] what you're asking the state has said [53:02] there was some you know there was a [53:04] lawsuit and the state has decided that [53:06] the econ Lage will be affordable housing [53:10] in spite of what go further Mike uh the [53:14] select board denied the funding for the [53:17] zoning board of appeals who made the [53:20] decision so they could fight that and we [53:23] could win because we have 11 .9% of our [53:26] housing is Affordable but it appears [53:30] that this has become more political than [53:32] one would like to see and we were work a [53:36] compromised by seeing if we could [53:38] include the Cel Lodge in the 40R and [53:42] then help to kind of dictate what type [53:46] of people would be living there so this [53:49] kind of blows the 40R out of the water [53:51] why even proceed if the state is going [53:53] to tell you what have to do that's one [53:57] project uh the 40 this is an important [54:01] uh yeah the 40R District we've talked [54:05] about it and talked about it all around [54:07] the edges of it but what we have not [54:09] done is actually gotten to the point of [54:11] what a 40R bylaw would look like well we no we haven't we have not well in all [54:19] due respect the original impetus was the [54:22] hope that we could put the economic 40b [54:26] But Ken came back and saying we have [54:30] something a little bit more Global [54:35] and yeah that's the district area but it [54:39] doesn't say anything about what the [54:41] district rules will be I mean are we [54:44] going to limit it to duplexes are we [54:47] going to allow three story apartment [54:50] buildings I think that's the kind of [54:53] detail that we haven't we've not gotten [54:55] into on something like this well I guess [54:59] the problem excuse me go ahead the [55:02] problem is that if you're not going to [55:03] defend the zoning [55:05] bylaw in court why have a zoning bylaw [55:09] why put something in about 40 hour if [55:11] it's not going to be defended exactly [55:13] right and and it's going to be a tough [55:16] sale at at the town meeting uh try to [55:20] defend something where we have our [55:23] number is 11.9 9% affordable housing yet [55:27] they overrule Us by putting more in than [55:31] of course the [55:34] uh the the motel down the street too no [55:37] one one thing we've learned is that the [55:39] 40R is not a quick [55:41] fix if we are looking at doing something [55:46] with 40R taking it to the May [55:52] 2025 annual town meeting is probably the [55:57] quickest turnaround we can [55:59] anticipate so we're uh we're looking at [56:04] uh we're talking talk about planning [56:06] this is this is 18 months out and the [56:10] goal of getting the Grant in the next [56:13] year would be to take some time [56:16] to put together you know fill in the uh [56:20] fill in the blanks on the U the sketch [56:23] we have uh [56:26] and see what it would really look like [56:28] and then at that [56:29] point um we can take it to town meeting [56:34] and you can say what you want about it [56:35] at town meeting okay my question to you [56:38] Bill is if we come up with a 40R and [56:40] let's say we would like to put just the [56:43] Econo section into 40R or one small [56:47] section which would be pount to spot [56:50] zoning would we if would we propose [56:54] something like that to a town to our [56:56] town we know we know that say we would [57:00] all of Route n converted from business [57:03] through [57:04] Apartments well my point is isn't the [57:06] eono Lage now out of play isn't it out [57:10] of play well you know it was out of play [57:11] for 40R anyway because when we had the [57:14] gentleman from Boston he said that when [57:17] you do a 40R after a failed 40b the [57:21] state doesn't give you the um the per [57:24] unit [57:25] cash payment that generally comes with a [57:29] 4dr but if we talk about something a [57:33] little more [57:35] expansive let's say Econolodge plus the [57:40] Hampshire mall [57:42] property and what could we develop that [57:45] would work for that or maybe extend it [57:49] down as far as Howard [57:52] Johnson's um [57:55] I I agree we're not looking [57:58] for the plan that was shared a few [58:02] months [58:04] ago was a wish list but I think that [58:10] um whatever I want to just separate the [58:14] area with the text of what the zoning [58:18] bylaw the the meat of what a zoning [58:20] bylaw would look like um we're told have [58:25] all sorts of options about allowing this [58:27] type and that type but we haven't really [58:31] explored what that looks [58:33] like [58:35] um and I think we also need to get a [58:38] sense get something out there and get a [58:41] sense of what the we can Zone everything [58:45] we want for three-story apartment [58:49] buildings but it's not going to get us [58:52] it's not going to happen if there's not [58:54] a developer out there who's interested [58:56] in building that product so um like to [59:01] see I I would like to know more about [59:03] what a 40R [59:05] District you know how you put it [59:07] together what you what you can allow and [59:12] what you can restrict and I'd like to put in the grand [59:17] application see if we can uh get some [59:21] help getting a little further along and [59:24] we'll see where it [59:29] leads yes Kyle if I may um just offer a [59:34] perspective uh Ken and I were in a [59:36] meeting with another Community today who [59:40] um they have adopted two separate 40R [59:45] districts [59:47] and um having that having adopted those [59:51] a few years ago to date nothing has [59:54] broken ground there's only one um that [59:59] has a developer in line they're lining [1:00:02] up [1:00:03] financing and then the other one is [1:00:05] likely unappealing the way that the text [1:00:07] is written it may seem like a Prime [1:00:11] Property for redevelopment and they're [1:00:14] that Community is actually considering [1:00:16] revising that existing 40R bylaw so um [1:00:22] just going back to what Mr DWI said [1:00:24] about planning and [1:00:25] timelines um you know this work if you [1:00:29] were to apply for the grant and go [1:00:30] through the process it might not really [1:00:33] materialize in dramatic change for years [1:00:37] if at all that's that's not the issue [1:00:39] here but you have your say the issue was [1:00:43] whether you have a zoning by law and you [1:00:44] decided to defend it in court or [1:00:47] not the issue I have with proceeding [1:00:50] ahead is that yes we have a master plan [1:00:55] every five to seven years and then we [1:00:58] list the things that people are [1:00:59] concerned about and the overwhelming [1:01:02] concern is that we preserve the open [1:01:05] space agricultureal land of the uh the [1:01:08] town of Hadley but often times people [1:01:12] will come down to the 10th item in the [1:01:16] what people are wishing for and they'll [1:01:18] say well it's in your master plan and [1:01:21] that it's it's in the master plan then [1:01:24] the planning board is is got to be [1:01:27] looking at it to approve it and uh [1:01:32] so I'm afraid if we start down this road [1:01:35] people are going to say well the [1:01:36] planning board said it's 40 hours look [1:01:39] at and maybe we should adopt it so [1:01:43] uh that that's my concern I agree I will [1:01:48] say that absolutely I am not in favor [1:01:53] of [1:01:54] extending a 40R to any undeveloped [1:01:58] land it would only in my opinion work [1:02:02] for [1:02:04] redevelopment adaptive reuse of existing [1:02:07] developed property the um Hampshire mall [1:02:11] the mountain Farms Mall the Howard [1:02:13] Johnson's they're never going back into [1:02:16] agriculture okay you make a valid point [1:02:19] there but the other side of the point is [1:02:22] this term smart gr every time there is [1:02:26] some housing or an apartment complex [1:02:29] next to a a large development whether it [1:02:31] be lows or whether it be the three-story [1:02:34] apartment house that went in uh at the [1:02:37] Amis Hadley Town Line people because [1:02:41] they live in the area are going to [1:02:42] oppose it so it adversely affects the [1:02:45] future of the business Zone in route [1:02:48] n yeah and I hear what you're saying [1:02:50] bill but once you get in bed so to speak [1:02:54] with the state on this you don't know [1:02:57] what's going to happen and it's was [1:02:59] proved with a decision a couple weeks [1:03:02] ago once you get in bed with a state and [1:03:04] they start giving you [1:03:05] money all bets are [1:03:09] off I just want to add a comment if I [1:03:13] thought I heard something earlier to the [1:03:15] contrary my understanding is that I mean [1:03:18] I would like to proceed with applying [1:03:20] for this [1:03:22] grant with the understanding that there [1:03:24] no commitment that we're going to push a [1:03:28] 4dr we're investigating we're looking if [1:03:31] it fits us well we're looking what we [1:03:33] can and can't do about it it's just I I [1:03:38] think the DTA would be ashamed [1:03:41] to to miss the opportunity to [1:03:44] investigate this opportunity [1:03:51] more I'm in favor of of of applying for [1:03:54] this grant to to research the Zone bylaw [1:03:57] portion of it I [1:03:59] mean start with something see what we [1:04:01] get if we goes to town meeting if we get [1:04:03] something out of it and it goes to town [1:04:05] meeting and they say no they say no end [1:04:09] of problem end of [1:04:12] discussion I'll just point out that how [1:04:15] I wor I worded this very [1:04:18] intentionally explore chapter 40 R [1:04:21] zoning District on route nine okay [1:04:24] that's [1:04:26] helpful commitment course now that Ken [1:04:29] knows [1:04:32] that probably not get a grant now [1:04:35] because we we're not gung-ho for this um [1:04:39] could it should it say something about a bylaw too [1:04:44] Bill I think it's inherent that in the 4 [1:04:48] adopt the 40R zoning District you have [1:04:50] to create a bylaw okay but let's Leap [1:04:55] Forward after the study's done and we [1:04:59] got a 40 yard [1:05:01] District can the econol be included in [1:05:04] that if the state said this is going to [1:05:06] be affordable housing no matter what the [1:05:08] town [1:05:10] wants I think it can be I don't know as [1:05:13] it needs to [1:05:17] be you c a large count for affordable [1:05:20] housing units yes it pumps the number [1:05:24] num up [1:05:26] yes but you'll never get that one [1:05:30] time um payout from the [1:05:38] state from the state he said no um the [1:05:43] state is so hungry for this kind of [1:05:46] stuff you never [1:05:49] know well they're going to do it up up [1:05:51] at the kitridge property in Leverett [1:06:01] we need to do I will make a motion I'll [1:06:06] make a motion to apply for the grant and [1:06:09] I would second have a motion and a [1:06:12] second any other discussion well I think [1:06:15] my concerns have been uh heard and if [1:06:19] you to to to quote Benjamin Franklin [1:06:21] you've got a republic if you can keep it [1:06:24] and to bring It Forward you got a zoning [1:06:26] bylaw If you defend it but I'm going to [1:06:29] vote for Bill's uh [1:06:32] motion with that said um any other [1:06:36] discussion just to cover our basis on [1:06:38] this I'll go for a roll call vote Mr [1:06:40] dwire yes Mr Mr Dunn yes Mr [1:06:47] sari yes Mr [1:06:50] zagrodnik [1:06:53] Obin okay Mr maximos yes v motion passes [1:06:58] 4 Z one [1:07:03] exension on what grounds is the [1:07:06] abstaining oh yeah can I just email you [1:07:09] that with a signature listening to me [1:07:11] Mike when I was giving my speech so um I [1:07:15] yeah I think that there are um [1:07:17] directions I think you have to include [1:07:19] the executive director it should be [1:07:20] directed to her um and then there's [1:07:24] additional copy lines but you can [1:07:25] definitely copy me on that okay okay [1:07:29] I'll um I'll get you the application [1:07:31] tonight if you can sign it and either [1:07:33] electronically or Inc and scan it back [1:07:36] to me I'll get it in okay all [1:07:42] right when would you like to come back [1:07:47] pvpc we do have we traditionally been [1:07:51] trying to do the first Tuesday for [1:07:54] planning but that's January [1:07:56] 2nd uh coming off of uh a holiday week [1:08:02] basically [1:08:04] um and we do have a public hearing [1:08:07] schedule the same one the garden center [1:08:09] gentleman uh was continued to that we do [1:08:13] have a public hearing on the 19 uh 16th [1:08:16] as well that is for a very small [1:08:19] subdivision uh that probably is not [1:08:22] going to be [1:08:25] much of an issue because the the abutter [1:08:27] next door himself is the beneficiary of [1:08:30] a very small subdivision a few years ago [1:08:33] so um I don't anticipate that that's [1:08:36] going to be a hot [1:08:38] night uh so does the 16th work or would [1:08:42] you like to hold on to the [1:08:49] second [1:08:51] um I think between Kyle and I if we're [1:08:55] considering [1:08:57] um the rules and Rags Kyle probably [1:09:01] would be the the mo he's the one that's [1:09:03] working the closest on it um and I think [1:09:06] he may be available but I think if [1:09:09] anything um it may just be him um but [1:09:14] that probably would make sense to do the [1:09:15] 16th if Kyle's [1:09:17] available that does work for me so I'll [1:09:20] plan on the [1:09:21] 16th and would we [1:09:24] be likely at that point to know the [1:09:27] outcome of the DTA grants that's a good [1:09:30] question um I'm hoping so because the [1:09:34] intention of creating the process before [1:09:36] the new year is that we would be able to [1:09:39] move um a lot sooner rather than [1:09:42] mid-march which has been typically the [1:09:44] time that we've started DTA projects so [1:09:48] I'm hoping by that time we would have um [1:09:51] knowledge of the projects that were [1:09:53] chosen [1:09:54] okay so if we are successful that'll [1:09:57] give us a chance to do some planning for [1:10:00] that as well [1:10:05] sure [1:10:08] okay um I don't see anything [1:10:12] else um Tom [1:10:16] quinland any any drainage [1:10:22] issues the never sto but we're working [1:10:25] on him [1:10:27] okay [1:10:31] thanks all [1:10:33] right I've got nothing [1:10:37] else anybody else have anything I have [1:10:40] nothing else all right motion to adjourn [1:10:44] so move seconded all favor I I beus [1:10:50] history thank you Ken thank you Kyle and [1:10:53] thank you good [1:11:01] night