[0:08] Thanks. Um, sorry everyone. I think we had trouble here at town hall. Um, Jim, [0:14] » can you give us a >> Oh, you can hear us? [0:17] » Yep. Yeah, back. >> Great. Um, I'll just start where we left [0:20] off. Sure. [0:57] Question number four. [1:04] » Okay. [1:08] Um well, are we still on? [1:12] » Yes. [1:17] » Hey, Jim, can you give me um an audio check? [1:33] I think we may have had a power power issue. So, I just heard a UPS [1:41] device go off. >> Yeah, [1:43] » everything looks frozen. James [1:52] Oh, >> can you hear us, Annie? [1:54] » Yeah. >> All right. Can we get another audio [1:56] check, please? >> I can hear you. Yeah. [2:00] » Sorry, we're having power surges here at town hall. At least it's not a water [2:04] issue here this week. >> Um [2:08] » volcano gas next week. [2:11] » Okay. Um, so what I've taken from this meeting, Jim, is um um some [2:18] uh changes to the the parking canopy area to as we discussed. [2:24] Um was there any other changes requested from the board? [2:31] » They got a walkway. >> Walkway and then the walkway [2:37] um >> at the end of the powder mill walkway [2:38] within the garage, >> right? has it um changed [2:43] update the so that the [2:57] » um sorry I think we're still having issues [3:01] here guys. Um Jim, two the two changes I'm tracking are the canopy design [3:07] feature and the walkway that so that it doesn't terminate into a dead end into a [3:13] parking spot under under the building [3:19] » have contingent upon [3:26] » or as a contingency for the [3:35] I think we have the evidence. Uh [3:40] we need to folks to complete [3:46] the canopy. [3:52] Would the board be okay with a update to the canopy design being approved by [4:01] somebody. >> No freaking way. [4:05] » We would need to see design changes in that, I think. [4:09] Um Okay. Um [4:19] other comments from the board. Do you had a development agreement question? [4:22] Well, I'm going to do it. [4:35] » Anybody missing a 16 wall cam launch? >> I got two. [4:41] » Good. [4:48] » What's a better story? [5:00] It's very [5:06] orthopedic. [5:13] » Is that okay? It's a small fractional. [5:19] No, that that seems if it's small. >> Yeah. [5:24] » Yeah. [5:39] Seems something. [5:42] » That's true. >> Mr. Chair. [5:47] » All right. I will open up this meeting of the Maynard Planning Board. Today's [5:51] date is September 8th, 2026. The time is 7:02 p.m. Uh, all members of the [5:57] planning board are here in town hall. Uh, this meeting is being held in hybrid [6:01] format, which means that members of the board, the public or applicants can [6:05] participate here in town hall or or virtually through the Zoom link. And [6:09] please note this meeting is being recorded. [6:12] Bill, um, we'll skip item one minutes. Okay. Were [6:18] you anticipating going right to item two? Wall 16 WM Street. [6:23] » Um I'm sorry. >> We can go to item two 16 W Street. [6:27] » Okay, you can do that. Um >> do before I open up the continuence. Um [6:34] are our is the applicant here or virtually? [6:36] » Um yes, Mr. Clemens is here and >> Okay. [6:41] » All right. Then I will uh open up the open up the public hearing for 16 [6:48] Waltham Street. This is a continuence from August 25th 5th, 2026. [6:54] And this is an application filed by um Mr. Daniel Souza and council. [7:02] » Bill, do you want to give us a primer and then [7:06] » and then we'll turn it over to the applicants team. [7:10] Um well um just picking up from the previous [7:16] meeting or um going further back on that >> just where we're at. [7:20] » Okay. >> The status since the last meeting. [7:22] » Yes. So there were some questions remaining at the last meeting about um [7:26] particular details of the site including parking [7:30] and um snow storage. some modifications were were requested of the applicant to [7:36] show an updated plan and um the applicant has provided an updated site [7:41] plan which changes the parking configuration as a snow storage area. [7:47] I'll pull that up on the screen. [8:06] Let me share the screen for the back. [8:30] I might zoom this video. [8:40] Okay. So the modified site plan uh now [8:46] includes three angle parking spaces on the right [8:51] side of the site, two tandem spaces remain and one space on the other side [8:56] of the retaining wall. Um and a snow storage area in the front [9:03] most area of parking or the end of parking next to the other lumber [9:07] retaining wall. Um [9:13] At this point, >> would you like to turn it over to the [9:19] applicants council? >> If there's no other updates from from [9:21] you or Bill, then yes. >> So, we made a trip. [9:25] » We made the trip over just a research trip. Yes. [9:29] We did make a trip over and I just sent you some photographs, some additional [9:33] photographs. I'll attach it just to kind of add some perspective to the um [9:38] women's face. >> Okay. Uh well, I'll turn this over to [9:41] the applicants council and just reminder, if you could identify yourself [9:44] for the record, please. >> Absolutely. Good evening, planning [9:48] board. Uh my name is Ryan Clemens of RIW at 255 State Street in Boston. Here [9:54] tonight on behalf of Daniel Souza, the owner of 16 Waltham Street. And as was [9:59] just summarized, we previously presented our application for special permit and [10:04] site plan review to the board after hearing comments back about the [10:08] configuration of parking and other details. We've since updated the site [10:12] plan to show the six parking spaces, the lighting, the trash and recycling [10:18] storage, and the snow storage as well. And I want to note too that the two [10:23] tandem spots in the driveway are how is how the um parking currently works at [10:28] the property and that the owner Daniel Souza uses those two spots himself. Uh [10:34] so there is no coordination across units or um difficulties with uh the logistics [10:41] of that configuration. He plans to keep those two spaces for uh his own use as [10:46] well. And then the other tenants have the use of the easier um spots. And uh [11:01] » we're having some trouble with your audio. [11:06] » Your audio is dropping out a little bit. >> Yep. Um Mr. Mr. Clemens, um can you just [11:11] back up about 15 seconds and repeat it? We had some trouble with your audio. [11:15] » Sure. I'm hearing a bit of um static on my end, but sometimes when I talk it [11:20] goes down. Hopefully, you can hear me now. Uh [11:24] let the board's comments address and happy to answer any more questions [11:27] tonight. Looking to close out the uh application for the special permit and [11:32] the site plan review. >> Thank you. [11:36] » Um questions from the board. [11:45] Um the um parking dimensions aren't [11:51] for the zoning requirements. They they have to request a waiver or is that [11:55] explicit? >> I don't know. [11:59] » Um what you could do for the uh you said for the I didn't hear for the reduced [12:03] parking dimensions. >> Uh yes. Right. [12:07] » Yeah. the planning board. Uh in this case, um I they're going to be granting [12:12] a special permit if they choose to for multifamily and approving the site plan [12:17] amendments dated as whatever as a special permit granting authority uh [12:23] planning board can approve uh for um parking specifically under the parking [12:30] section of zoning bylaws. So that would be a a um a uh special permit allowing a [12:37] deviation from the zoning mile. >> So Bill's question was whether the site [12:42] plan since it shows the dimensions do not meet the the parking requirements. [12:48] Is it is it implicit in the site plan or do we do they actually need to have an [12:52] actual waiver that gets voted on? >> I would I would [12:56] quickly note that the parking dimensions do uh comply with the bylaw. there the [13:01] compact small space dimensions and there is nothing in the bylaw that prevents [13:06] that for this site for this number of parking spaces or for this use [13:13] » um [13:22] Mr. I'm just curious I want to make sure because if not I'd request a special [13:27] permanent waiver but uh is the are the small I got it pulled up in front of me. [13:32] I thought there was a um it's only triggered after certain number of units. [13:36] I I could be wrong. Let me look real quick. [13:39] » Yeah. And we're out at the uh four units and the other requirements for the split [13:47] between the um the compact spaces and the regular are for uh other uses that [13:55] aren't the residential use here. I said I think [14:10] » Okay. Um while Bill looks into that, what other questions from the board? [14:15] » Um just the general comment of you know there's not a lot of [14:22] maneuverability in the site. So, I'd like to do what we can to [14:29] protect the sidewalk. Um, maybe a little fence railing or I [14:36] think um earlier Bill Nezer had uh you know thrown out the idea of putting uh [14:42] uh uh plantings there in in pots. [14:47] Um some something that would protect the uh the sidewalk from cars trying to [14:53] maneuver out these tight spaces. on the non-curb cut side of the [14:58] property. >> Uh yeah, right. Yeah. I mean the curb [15:01] cut whatever the 24 ft for the curb cut and then the rest of it has some sort of [15:07] protection. [15:12] » Um m Mr. Clemens, did you did you hear that comment? And is that something that [15:16] could be amendable to the applicant? >> That could be amendable to the [15:20] applicant. I just want to note too that these parking spaces are designed with [15:23] the turnaround angles and radiuses prescribed by the bylaw. And I want to [15:28] note too that the um that the sidewalk is shown between the blue line and the [15:37] uh black line. So there's um even with the uh spot number six which is closest [15:44] to the sidewalk there they would have full visibility of this block uh for [15:50] passing [15:59] other questions or comments from the board [16:05] um where I I can't seem to find the the lights [16:10] located on this figure. It's just at the doors. [16:19] » So, the lights are indicated in that kind of greenish [16:25] beige. >> There's one on the right. Uh, one to [16:30] slightly left of that and then uh above the middle door and two above the [16:37] garage. >> Got it. Three, four, five. Three. Mhm. [16:42] » Got it. Okay. Thank you. [16:47] » I would just say, >> Bill, did you happen to find an answer [16:51] to that parking question? >> Yes. Um, I think that I I'm not sure of [16:59] uh Mr. Clemen's um I I understand but I I I'm reading it a little differently. [17:04] Um but that it's parking facilities for um [17:13] where there's a greater number than 40 stalls. [17:17] That was my understanding of section 6.9, Mr. Clemens. But I um and I believe [17:24] that the the easiest way to address this would be just wrap it into the special [17:31] permit and approve the parking as depicted in exhibit A, which would be [17:36] the revised site plan. It it it just makes it tidy. Now, do you Does that [17:41] make sense to you, Mr. Clemens? >> It does. And if the board's amendable to [17:45] that, whatever is easiest is best for us as well. I don't know if you saw what [17:49] I'm talking about, but I believe that that's the way I read it. And that was [17:52] my understanding for compact cars, but um our our reading was that um this is a [17:59] residential use and parking facility doesn't fall within that. It's a um a [18:05] parking it's not for uh commercial use or a [18:10] uh large public parking lot. Uh so there is no specific requirement between the [18:17] um the small and the standard other than um the bylaws general. they shall be the [18:24] size the sizes which the uh bylaw has the two [18:30] » um okay well that's just a you know but I think the tidiest way to do it um and [18:36] as we're trying to just bring this you know the applicants been working hard [18:40] enough to get hope he's on um to get u make this compliant and I I [18:46] think that would just tidy it up in the easiest way Mr. chair. That would be my [18:50] suggestion. Um and and the way I would would be inclined to do that would be [18:54] that the uh planning board grants uh approves the parking plan as um [19:01] presented in the applicant site plan dated such and such and will attaches [19:06] exhibit one the special permit. I I think it just [19:11] » that would be my suggestion and if uh Mr. I'm just good with that and I would [19:14] say that would be >> that I plan to reference the site plan [19:18] in the special permit. >> Yeah. And [19:21] » yeah, that makes sense as well. [19:26] » And and I just want to confirm I think the applicant said that uh the [19:31] dimensions are such that it does not require backing out onto Waltham Street [19:35] to exit the lot. [19:40] » I believe so. with the um looking at the plan that six spot would be the closest [19:45] to the street. You can see that this would be able to back out um and go uh [19:51] parallel to the street uh by the driveway to the garage at which point it [19:57] can turn out slightly and uh see the full street without having to pull into [20:03] the sidewalk or the road at that point. >> Okay. I'm I'm just making sure that you [20:10] know from a potential approval of the site plan, we're not approving backing [20:15] out on Waltham Street having six. >> No, I don't think in the um none of the [20:21] spots have that challenge or that difficulty. It [20:25] would be enough. Any of them would have enough room to either on the first try [20:30] back out to have a view and the access to just drive straight or to um to [20:36] reorient themselves to not have to back into the street. [20:41] » Okay. And uh I believe um [20:46] oh no sorry different. [20:54] » Does the board want to request um some type of device to protect the [21:01] sidewalk as mentioned earlier? [21:08] » Bill, what were you thinking? I thought someers [21:11] » I thought some small planters would serve two purposes. It would protect the [21:14] sidewalk but it also softens the view a little bit [21:18] » and I think if the applicant was willing on their property, not in town property. [21:23] » Um I think there's room there and I think that would be a good mitigation [21:26] and it would look nice. Um it could be something that the board could uh if [21:31] they wanted to look at it after one of the board bees designated to approve it. [21:34] But I think a a good planner would look nice in that area would be my opinion. I [21:38] think it also would help define the snow storage so it doesn't get [21:42] » that's a good question property. >> That's a good point too. [21:48] » That was my question to um this comment on the planners in the in the same uh [21:56] same consideration of not backing out onto the street and having enough room [21:59] to turn around as well as access to the snow storage area. Um, [22:06] also from the uh [22:10] that wouldn't that wouldn't impede where the snow was going to go and where cars [22:14] and where uh uh pedestrians would go. Where on the plan were you thinking [22:19] those would go? >> Well, just in in the um so could you [22:25] pull that up, please? And um I just on the little doodle I sent you guys um [22:33] um it it was just right uh just basically where the snow storage is just [22:38] some I I just proposed some planners to the um [22:42] » if you share that screen Zoe I can describe it. [22:48] I think the thought is to place a planter or two [22:54] immediately below the phrase snow storage area along the sidewalk. As we [23:00] know, the curbs in that area are just pretty low. So, I think a um [23:06] differentiation between the sidewalk and the parking lot would be useful. And so [23:11] if there were just a planter that could be moved when necessary, you know, if [23:15] you were doing some work, but that would remain there to delineate the property [23:21] line would might be useful. >> Yeah, I would also have a planter that [23:26] extends the length of the sidewalk up to the curb cut. You can see the [23:34] You can see the curb there. So, right curve, right? [23:38] » Yep. >> Yeah. I mean that curve cuts offset from [23:42] the sidewalk. It's a little farther up than that, too. I don't think it'd be a [23:46] solid line. I mean, just three or four maybe. [23:57] » Uh board, would this be as a mitigation? >> I think it would improve the pedestrian [24:05] experience. >> That's a Okay. [24:08] Um, when it comes to the dimensions of the parking spaces, I don't have any [24:13] concerns. [24:21] » Bill, how do we close this hearing with with this concept? [24:25] » Um, what would what we would do would be there's a number of people on on the uh [24:31] Zoom that might want to speak. I don't and uh I don't have anybody in here. So [24:36] if anybody I don't know if anybody hears for this project. [24:39] » I will open up for for public comment in a minute. But how do we close this [24:43] hearing with um with this concept of planters? [24:50] » Well, we just added as condition >> just a condition [24:53] » and I would say that there's some I would say one of the [24:57] board to approve it after if they wanted to look at it or staff. [25:01] » Yeah. >> Yeah. [25:03] » I would say town staff on this one. >> Yeah. I think is completely appropriate. [25:07] So, Mr. Clemens, the the the condition that's being would be proposed by the [25:11] board would be to add planters as um as discussed [25:18] um as a condition and then approved in the field by town staff. [25:24] Do you have any concern about that? [25:29] as long as the um as the planters don't interfere with the use of the driveway [25:35] for safe ingress and egress and for snow storage. [25:41] I think both of those can be maintained and I think that is that is the um [25:49] uh that is the concept here right so egress shall not be um impeded snow [25:58] storage may be used and the addition of some type of small planting [26:04] um to distinguish and delineate that area [26:08] as a Any [26:14] other comments from the board? [26:19] Um, Bill, I'll let's open up the public comment. Uh, if there's members of the [26:23] public uh that would like to comment on this project virtually. If you're on the [26:28] Zoom call, please use the raise hand feature or raise your hand and we will [26:32] call on you. And Bill, I don't believe there's any members of the public here [26:37] to give public comment in town hall. Is that correct? [26:39] » Correct. >> Okay. [26:42] Um I'm not seeing any public comments on the Zoom. Is that correct, Bill? [26:47] » I don't see any. Anybody have Last chance, would you raise your hand, [26:50] please? Use the raise hand feature if you'd like to speak. [26:55] » Um all right. U before I close, Mr. Clemen, is there any additional [26:58] information that you or the applicant would like to present to the board at [27:02] this time? I believe we've covered every update [27:06] since the uh last meeting and since our initial presentation and uh the board [27:11] doesn't have any other questions. We're we're set to [27:16] board. >> Nope. [27:18] » All right. I'll make a motion to close the hearing. [27:21] » Second. All in favor to close the hearing, please raise your hand. That's [27:25] 50 to close the hearing. bill. Um [27:30] the request here so I'm clear is a [27:36] special permit and site plan review. Correct. [27:40] » The um Mr. Chair, the request is for the special permit for multif family use in [27:47] the in the DoD, but for a modification of the previously approved site plan [27:51] dated July [27:56] uh [28:00] 7, 1987. [28:08] Okay. So, it's a modification of site plan and a special permit for four unit [28:12] residential >> multi family use. [28:14] » Multi family use. >> Is that a DoD special permit? [28:20] » Yes. [28:26] » All right. I'm going to try to make a motion. Um [28:30] I will make a motion to um let's see. [28:37] Um, I I make a motion to find that the um that the applicant's presentation and [28:46] application presented during the hearing um has met [28:51] the requirements of a special permit for the downtown Overlay district for a [28:57] 4unit multifamily use uh as well as uh a modification of a [29:03] site plan dated from July 7th, 1986. 7 um updated to the site plan presented in [29:12] this public hearing including tonight which is dated [29:17] um I have June 3rd 2026 but there I believe [29:24] there's an updated date on that >> 94 [29:27] » there is yep um with revision of uh September 2nd 2026 [29:35] as presented tonight labeled the concept plan of land. Um, including in this [29:42] motion is a condition for planters that were discussed along the property [29:51] boundary adjacent to the sidewalk within the snow storage area. [29:56] Um, to distinguish the uh sidewalk from from the um the egress itself. [30:04] » Is there Oh. waiver. Any other special permits? [30:08] » Uh if we're I would say the um the approved the special permit approves the [30:13] site plan and um my reference and as um an exhibit. [30:20] » Yep. And the special permit um also approves the site plan as um as its [30:28] first exhibit. [30:32] » Do we have to say that it meets the conditions of the 10.4? for special [30:35] permit as well or just the DoD special permit. [30:38] » I don't know. >> We should we should we should [30:41] » it should it should include them. >> Okay. So the motion was that it met the [30:45] special permit criteria of the downtown Overlay district which is 9.4. I al this [30:51] motion also will find that the special permit meets the criteria of the general [30:57] special permit criteria of of section 10.4 [31:01] of our um zoning bylaws. [31:07] And that is the motion. >> I'll second that. [31:11] » All in favor of the motion, please raise your hand. That's 50 to approve. Mr. [31:17] Clemens, uh, thank you for your time. Um, and thank you to your applicant. [31:23] » Thank you all very much. >> Okay. [31:29] » All right, Bill. Um, item three. Let's continue the public [31:34] hearing for 26 Powdermill Road. This is a continuence from August 25th, 2026. [31:41] This is a request for modification of a special permit and site plan um from uh [31:47] Adam Stack ASMC LLC. Um and this this is a continuence of the [31:54] discussion from our last meeting. Um Bill, do you want to give us an update [32:00] and then we'll turn it over? I believe we have we had some design comments to [32:04] work through. >> Yes, we have. [32:06] » So, we'll turn it over to the design group um the design teams after your [32:12] comments. So at our last uh meeting um we worked [32:17] our way through a number of uh the uh design changes um [32:24] which were um there was a couple of aspects regarding location lighting uh [32:30] and a couple of um modifications regarding the or clarifications [32:35] regarding the entrance on powder mill where there's a question of [32:42] um a recess being added to to the uh entrance to the [32:47] structure. Um the applicant has provided a an updated um site plan. Uh the the [32:54] the site plan is provided last week uh didn't have the um the clouding that the [33:00] board had asked for caused a little bit of delay, but we do have that uh I [33:04] believe here with everything clouded changes clouded. Um reviewing um before [33:10] we turn it over um to the applicant just to um refresh the board um this is a [33:18] modification existing site plan special permit that was [33:23] uh centered on building design largely. So there is um no change to the [33:28] footprint. Uh any changes that are highlighted I'll leave to the arctic and [33:34] um the applicant to explain. Uh the only other addition that the board um [33:41] uh requested was clarification also on the [33:44] bike rack area which is called out as well. Now it's in the same basic area [33:50] but with that um we also did speak to the the uh fire department. I did uh [33:57] and um uh the applicants speak to that but in [34:02] general everything is um would remain the same as the original approval with [34:07] that which for the rollup design the builder would work with the uh fire [34:12] chief to on the specifics the dimensions uh are are um we speak to that but [34:19] they're adequate for the ambulance um the ladder truck um is it I think the uh [34:27] fire chief's comment addressed that it's not proposed to go in to build and um [34:34] with that I think I turn it over to um the applicant uh James [34:41] good evening Mr. chairman, members of the board, uh Jim Jokus, architect with [34:47] Jokus Architecture Incorporated. Uh I just want to go over exactly what the [34:54] chairman had mentioned. Uh just share screen. I think that's the [35:00] easiest. >> Let's send a request to share screen. [35:05] » Y okay. Thank you. [35:10] And uh let's see. [35:20] So [35:23] as mentioned the clouded area is shown on the site [35:29] plans showing the bike rack here. We also [35:37] in the rendering you see the bike rack here as well [35:44] regarding um what rendering are we looking [35:50] » sure >> this is wallan street [35:55] oh uh is it not shared >> we're still on the clouded drawing [36:01] that's clouded >> okay here we Ah, thank you. [36:04] » Okay. >> Yep. [36:05] » So, the bike rack here. All right. Um, also in this rendering, [36:13] you'll see that the uh the rendering has been adjusted to [36:19] show the proper location of this screening element here [36:26] uh in line with the face of the building here. [36:35] Just going to flip to another back to this drawing [36:43] here. So [36:54] just a little. Okay. So this these are the proposed screening area and the two [37:01] columns that are proposed to be removed slid back to the proposed face of the [37:08] new building. So it's shown here the new privacy screen location. [37:16] Uh the next item is that since [37:23] this column right here is being removed Loretta here and I've got a bet writing [37:31] on this [37:35] » the column here [37:42] is gone. So therefore, [37:51] um there is no light. So there's no light to mount on the [37:56] column. So the light is being removed. So we just wanted to make sure that was [37:59] well noted. Um [38:03] also that the other two lights underneath the proposed walkway [38:09] are shown here. their same lights as underneath the parking as the original [38:15] approved lights which all lights shall be in accordance with um the dark sky [38:22] compliance. [38:26] Um line item four for us. [38:32] Uh it's also the where the calls removed. Oh, let's see. Five. [38:40] Okay, we just wanted to also make sure that the building facade um facing outer [38:49] mill road will be set back just enough so that all the elements of the building [38:58] are on the correct side of the stepbacks. So [39:04] there'll be no elements of the building including roof overhangs, [39:09] uh front entrances, any bumpouts, including the foundations underground [39:15] shall all be back within the step back of the front as well as all the other [39:24] sides. But the other sides there's really no issues. But that just to [39:28] clarify will be uh [39:34] all set back from this front line. [39:38] So no parts of the building shall go beyond any setbacks. [39:49] Back to the renderings. Let's see. [40:01] Okay. So, [40:05] this element up here [40:10] as recommended to be similar to other buildings in town. to show the cornises [40:19] and the extensions to give a better um traditional detail. [40:28] The hardcape and landscape [40:33] elements have also been updated on the civil drawings. [40:43] Just want to make sure I get the right All [41:01] right. So, basically the clouded area is showing where there's alterations to the [41:09] proposed landscaping. So, hardcape landscape elements [41:15] which is basically minimal. It was just the removal of columns [41:20] in those areas. Can you zoom in on the landscape change? [41:26] I don't seem to have a hard copy to look at. [41:29] » Sure. Uh this [41:40] pages [41:54] so the the pvious pave sidewalk and the public access. All these elements were [42:01] already on the original uh 2024 set. Um [42:12] and uh let's see. Does this show anymore? [42:17] Basically the same. It's just [42:24] so on the entrance way from Waltham Street. we don't gain any landscaping by [42:28] moving that column back. [42:32] » Um, it was originally shown as just a pave patio area and we're still showing [42:38] as a pvious um paver patio area. [42:45] So picnics and picnic tables, [42:50] benches, a great place to hang out, you know, [42:55] along riverside. [43:17] Um, any other changes, Jim, that you need to highlight? [43:20] » Uh, sure. I guess, uh, let's see. The Waltham Street gate. Uh, let's see. [43:28] Back to the renderings. This, uh, let me see. Share the screen. [43:38] This gate here is to stop Um we continuously close and to prevent [43:48] people from coming in and out off of Walam Street, but in the need the fire [43:54] chief can or um any emergency apparatus can just uh easily get through this. Um [44:02] it'll be a um a breakable link that um you know if they really needed to get [44:11] in quick, they can just bump it with the bumper and get in or just stop and cut [44:15] it and get in. [44:22] Um let's see. There is there was talk about [44:27] um the affordable units and a proposal to [44:35] um alter that but um there is none at this point. It will stay with the [44:40] original nine units with five units um at 80% AMI and four of the units being [44:48] 60% AMI. Um and that's all per the original [44:52] approvals. The other item uh let's see [44:59] is that since uh and I believe uh the bill the chairman uh researched this as [45:07] well and the only real change that would affect this building from the 2024 [45:15] approval and actually uh permitted set in 2026 [45:21] would be the dark sky compliance. with the lighting and all lights will [45:27] exterior light shall be in accordance with the dark sky compliance. [45:33] Uh the other item is that this once again [45:39] this gate um and the entrance off of Walan Street [45:44] and the rest of it um according to the building code you're required to at [45:49] least provide a height of 82 to provide uh am um ambulatory vans such as [45:59] handicap wheelchair accessible vans. to allow them to open up their um the [46:06] backs and the fronts and any pieces to get in and out properly. But fire [46:11] departments tend to have bigger pieces of equipment and we're [46:18] obviously going to make any adjustments to the height requirements [46:22] if um the chief wants us to do so. It helps make sure that this building is [46:30] accessible by any uh emergency um equipment [46:37] and it also allows them to purchase uh pieces of equipment of certain [46:43] heights and it doesn't pigeon hole them into um staying within a certain height [46:49] restriction to service all the buildings in town. [46:54] So, um I believe right now they look they have a 12 foot ladder truck and a 9 [47:01] and 1/2t um emergency ambulance. So, it would be a discussion that we [47:09] definitely u would have with them and make sure that everything conforms to [47:15] what they want. [47:20] The last item [47:24] um actually has already been addressed. It was just the the overhangs of the [47:29] roof, making sure that they're set back. I'd be happy to address any other [47:36] concerns or any other questions. [47:41] Thanks, Jim. Um Amy, I believe you joined this meeting. Are are you on? [47:50] » Yes, I am. >> Hi, Amy. Thanks for joining. Um, I just [47:54] wanted to get your final sense if you had any final feedback about the project [47:59] for the board and and particularly if there's anything that from your review [48:04] uh would remain um sort of loosely non-compliant with our bylaws as you [48:09] reviewed them. >> We issued a letter yesterday. Apologies [48:14] for the delay on this. Um we had two comments. One James already addressed [48:20] which he mentioned everything from that front entry area would be pulled back um [48:26] behind the property line. We had noticed that that front three stories was [48:30] probably still overhanging the property line um even when the canopy was [48:34] deleted. So I think as long as they push the building back, which I'm sure they [48:38] will do, um they'll be in compliance with that. There was a second comment [48:42] that we made on the letter. Um and we had missed this in the first review um [48:47] because we noticed that that facade was looked like I measured it in blue beam [48:52] James it was about 136 feet long. The bylaws require um I think it's a 3% [48:59] change in depth for every 100 feet or that's one of the recommended strategies [49:03] that you could do to mitigate the length for longer facads that are highly [49:08] visible from the public way. um because there's not a lot of landscaping in [49:13] front of this. You know, there's some landscape screening in front of the [49:16] transformer, which is that lower right um rectangle um if you look at the lower [49:22] right rendering. Um but that's not going to be enough to screen the facade. So, [49:26] we would um we'd recommend doing something um [49:33] I played around with chat GPT. I hate to do this to you, James, but you could [49:37] break up the facade. I don't think you need to set it back a lot, but you could [49:41] break it up with like three uh vertical divisions of the building [49:46] with a slight recess that might help um just mitigate some of the horizontal um [49:52] length of the building and that would be a simple solution. You know, happy to [49:56] share the image if it's helpful. Um you guys, you don't need to take it. Um I [50:00] guess um but I was just trying to think through some some easier um solutions [50:06] without changing the building footprint at this point because I I don't think a [50:09] 4ft setback is realistic for the applicant. And it's really I would say [50:13] this is up to the planning board if this warrants a [50:17] a change in the in the design on the elevation um because of the longer [50:21] elevation and and your bylaws. >> Um can I ask a clarifying question [50:27] » Amy? Is this something that um m should have been reviewed during the [50:34] original hearings? And I ask it in the context of [50:38] » Mhm. >> did any of the proposed changes the [50:41] applicant make uh trigger, you know, uh this being an item for discussion? [50:50] » I think um the previous design, I'm trying to remember it exactly, it had a [50:54] number of material changes. um you know whether you define those as being [50:59] integral with the building. And so there was a number of material changes along [51:03] this facade that went from brick to fiber cement um large format panels and [51:09] that did help break up the scale. Now with everything at brick with these long [51:13] horizontal bands you notice the length more um which is why we noticed it in [51:18] this last review. >> Okay. I would say this is up to the [51:22] planning board's discretion if you want to do anything on this. [51:26] » Thank Thanks, Amy. Jim, do you have any I know it's short notice, but do you [51:30] have any thoughts on that? >> Uh, we'd be amendable to anything that [51:34] the board suggests as long as it doesn't, [51:38] » you know, >> yeah, [51:39] » further us into another whole round of design and discussions. [51:46] So, um, [51:51] » let me do this first. Does the board understand, um, any questions about [51:55] what's being discussed at this moment? >> It's 136. And how long is it supposed to [51:59] be if we're going to break it up? >> 100 ft. So, you're 36 feet over. And I [52:05] noted in my comments, there's quite a few examples in downtown Maynard where [52:09] you've got and really Maynard um where you have longer facads. [52:20] » I don't care. >> Well, if the board can think about it [52:23] for a moment, let's let's let's table that and um does let's go to board [52:28] questions then. Um does the board have any questions or comments for the [52:32] applicant? Well, related to the topic that they were discussing the moving the [52:38] building back a little bit so the cornice doesn't overhang the rightway. [52:44] Is that how does that show up on the plans that get approved? [52:49] » Jim, >> um did you hear that? [52:52] » Sure. I guess uh really right now we're we're just [52:56] showing a massing. There's no and forever that's always driven me nuts [53:03] on um civil engineering drawings not [53:08] dimensioning but basically all it shows is edge of [53:14] building on the civil plans and it's set back. So regardless of [53:23] so but in reality [53:28] the face of brick will most likely be right around 12 to [53:36] 14 in back from the city's property line or the line of the sidewalk. [53:46] And that will give us enough um cushion to not give the concrete [53:52] installers a heart attack and to make sure that all the elements are set back. [54:00] And so basically all elements would be [54:05] within a couple inches of the actual setback. [54:21] Is is there a way to is there a standard way to to document [54:26] that in site plan designs, Jim? >> In site plan designs? Um, no. That's [54:35] there's a check in balances during construction. [54:39] Um you the surveyor who generated these plans or was part of [54:48] generating these plans would go out and show [54:53] um stake out where the footings would go and then once the footings are poured [55:00] they come back and put a nail they call pinning the foundation. They actually [55:06] drive a little nail into where the forms go and they pour the foundation [55:12] at that location and then they come back after the forms have been stripped off [55:20] to do another survey and then that asbuilt drawing is submitted to the [55:27] building department again for building permit. Basically, the surveyor is [55:33] certifying that now the building is where it's supposed to be. And if you [55:39] ever drive around and you see a little kink chiseled out of a foundation or a [55:45] building's quite little slices because at that moment it was over. And uh I get [55:53] a good chuckle out of it every now and then when I drive around and see these [55:56] little kinks taken out of buildings because of the setbacks were um in [56:03] » Sorry, Jim. I'll just ask is it is it common in the industry to not have to [56:09] detail out this overhang of a cornice? >> Yes. Yes, it is common at this point. [56:15] Yes. >> Okay. [56:21] So, I had a question from last meeting about the walkway and [56:27] how it connects to the parking area and I still [56:32] don't see that clearly in the new plans [56:38] » from Waltham Street >> from I don't know. [56:41] » Yeah. >> Uh this [56:43] » the new blockway next to the building somehow it goes down and it [56:47] » Yeah. If the renderings are accurate, could you zoom in on the one that shows [56:51] » the right >> top right maybe? [56:56] » Yeah, it's [57:01] right [57:06] pretty wide. [57:13] Now, mind you, this gray mass here, there's a one-story building. [57:20] » And we have a landscape element that comes along in between the two. The [57:26] walkway, then the landscape element, and then this one-story building. [57:34] » Right. But my question is, you go down that walkway, what do you hit in the [57:38] parking lot? just right into where the cars are [57:42] » parking space in the drawings we have. >> Yes, [57:45] » you can bring up the site plan drawing. >> Yes. [57:50] » So the >> Yes, it's blocked. [57:53] » Planning board members point is that the walkway terminates [57:57] » this terminates into a parking space, >> right? And that doesn't seem like good [58:03] pedestrian flow. Okay. [58:09] Is is that a fair statement >> there? Um, [58:18] let's see. >> That makes a little more. [58:29] It looks like there is some wiggle room. So, um, we would just shift things [58:35] around a little to allow for, uh, let's see, let me share this. [58:46] So, right now there is a twoft path. Um, but that this can these elements and [58:54] this over here, we could definitely consolidate and give a 5-ft path at the [59:00] end of this walkway to access this properly. [59:10] One of them is the EV chargers, right? But anyways, a bigger question on that [59:16] though is this is a much smaller project, but it has the same number of [59:22] parking spaces. Why do we need so many parking spaces for this smaller project? [59:31] » Uh the number of units I believe has stayed the same. [59:37] » Um >> the bedroom mix is radically different. [59:42] » Yes. So that's a lesser parking demand. And [59:47] then there's no commercial. So that's a lesser parking demand. So why do we need [59:51] all these parking spaces? And can't we take advantage of the reduced parking [59:56] demand to I don't know more landscaping or more [1:00:00] buffer or I don't know walking path from that [1:00:05] civil. I just want to see the table of parking [1:00:10] that this civil engineer is [1:00:36] heat. [1:00:54] just 36. [1:01:00] So it's not even enough work by four [1:01:07] questions still work. [1:01:15] So what I see here is 54. There's 36 units. 54 are required [1:01:22] and there were 41 spaces provided in the previous plan set. [1:01:26] » Okay. So yeah, that's what I thought. I didn't want to speak out of turn, but I [1:01:30] thought it was under. So, [1:01:39] what I'm saying is, I mean, we usually on these things target a one to one. So, [1:01:45] if a couple spaces need to go away to make enhancements for the project or for [1:01:50] the for the community, that doesn't seem like a bad thing. [1:02:09] If we uh I don't want to say clean up, but if [1:02:14] we adjust some of these spaces to make it a little more amenable. Plus, it [1:02:21] always happens where the proposed handicap spaces shift over a little [1:02:27] little to the left, a little to the right depending where that door finally [1:02:31] ends up. Um, [1:02:35] so there are some adjustments that are made [1:02:41] before the final lines get painted. [1:02:51] So, I got a couple questions about the canopy. Can you go to the rendering that [1:02:56] looks at the walkway entrance from Waltham Street? [1:03:17] Um the lower right, I guess. >> Yeah, I guess this would be is this this [1:03:23] view here? Uh let's look at the other view. [1:03:32] There you go. So, what's the thinking of leaving open that [1:03:38] side of the canopy area? [1:03:43] So, the view is just a park cars and things. Why? Why does that side need to [1:03:50] be open right here? Yeah. [1:04:00] So, it's it does help that [1:04:05] um I mean there definitely could be some elements here to dress it up, but you [1:04:09] don't want to >> um What's the depth of the parking [1:04:14] spaces or >> Well, there aren't any parking spaces. [1:04:20] » Yeah, you're right. There is nothing there. So, yes, we could [1:04:26] close that in with these privacy screens if necessary. [1:04:36] Maybe I'm just missing the landscaping point. Maybe the landscaping covers [1:04:39] that, but I don't know. Just >> Yeah. Unfortunately, every bush [1:04:45] and every leaf is a polygon. And to render [1:04:49] um that many polygons, it just takes so much time. And sometimes it takes a day [1:04:55] just to render with so many bushes. [1:05:06] And then you were talking about the emergency [1:05:11] vehicle access and you got to kick up the clearance from 82 to [1:05:16] 96 plus. >> Yep. [1:05:19] » So you got to jack it up a foot and a half or so. [1:05:24] Is that whole canopy going up a foot and a half? Is the building going up a foot [1:05:28] and a half? What's going up? uh we would just make uh we would just [1:05:34] make sure that the clearance in the height of the proposed building does not [1:05:39] change. So um [1:05:44] with the variety of materials that we have, we can play around with the [1:05:48] different floor thicknesses. I mean, ideally on a building like this, [1:05:53] you'd like 16 in of thickness between the ceiling of one floor and the uh top [1:06:01] of the next floor. But we've done them as shallow as uh 10 in. So, you get a [1:06:08] lot of play between um in the floor systems themselves. And [1:06:15] same with the roof. [1:06:20] So, so I assume the the building structure, the big mass in the original [1:06:26] apartment had the correct clearance. Is that is that correct? [1:06:30] » I don't know. >> I think that that hadn't been worked out [1:06:33] with the fire chief yet either. >> Oh, really? [1:06:36] » Yeah. >> This is this is clearly easier to move [1:06:38] because there's nothing above it. >> Well, no, but then the building's going [1:06:43] to move because if the building's only right [1:06:46] » below the lighting, and the sprinklers, [1:06:50] » right? >> And the electrical, blah, blah, blah. [1:06:54] » Yep. No, it's it's all pretty easy to do. [1:06:59] » So, how does that get included in any approvals? [1:07:06] » Um, well, we basically we have the ground and then [1:07:10] » you can't move an inch and whatever happens below happens. Well, for the [1:07:14] planning board, it's just the it's the total height. [1:07:18] » I think that matters, right? >> That's one. [1:07:20] » So, it's just total height and then >> um it's not I don't believe there's any [1:07:25] submitt for for the for the specific um heights [1:07:32] » elevations necessarily per four floor or for for this canopy area. So, I don't [1:07:38] think it goes I don't think it's a planning board item unless it's [1:07:41] modifying the site plan. Well, technically it's circulation, but [1:07:45] » as long as the circulation meets the intent of the site approval, right? [1:07:49] » Yeah. Yeah. >> Right. [1:07:52] » Proper height. This is weird. >> And building code. Building code also [1:07:56] lists what the heights have to be, >> right? [1:07:59] » Minimum. So, >> right. And they'll have and the project [1:08:01] will have to abide by that. But what I'm suggesting is that it's the height is [1:08:05] not necessarily a planning board item of the door itself unless it changes some [1:08:09] type of circulation or egress pattern. Okay. And then my last question about [1:08:15] the campy is a question I had last time of [1:08:20] how does that compatible with the downtown? [1:08:26] I mean to me I would have just wrapped the building around the [1:08:31] game store and had the building front on both [1:08:36] Waltham and Powdermill. But for some reason we have a canopy which is way not [1:08:41] in the intent of the DoD. So what's the thinking of how we can [1:08:47] make that compatible with the downtown? [1:09:02] Bill, it might help to elaborate what you're what you mean by [1:09:07] comment. >> Well, well, the downtown design says, [1:09:10] you know, we're supposed to be building buildings up to the property line. You [1:09:14] know, we're not supposed to be having setbacks. We're not supposed to be [1:09:16] having parking in front of the buildings, but all we got is a parking [1:09:20] canopy in front of this building facing the major street. [1:09:26] And we wouldn't allow that anywhere else because the buildings are supposed to [1:09:32] front the street. And here it just seems like there's [1:09:37] plenty of room to have the buildings shift over and front on Waltham Street [1:09:42] and then all problems are all gone. I just don't understand the canopy and how [1:09:46] that's better for the downtown than just having the building wrap a [1:09:52] little tighter. [1:09:57] Well, I think part of it was the public access there. [1:10:01] » It wouldn't affect the public access footprint at all. It's the same [1:10:05] footprint. I mean, a building could take the footprint of the canopy. It's the [1:10:09] same width. [1:10:16] Maybe it's that it's trying to be more in kind of the adjacent building. [1:10:24] Yeah, but that's not a big long-term [1:10:29] planning call for building out a downtown cuz sooner or later that other [1:10:33] building is going to go in 10 or 20 years [1:10:37] and then you're building it next to a weird little canopy. I just done with [1:10:43] canopy different property, but I don't know. I [1:10:47] just I don't see the value added for the town there and it just seems counter to [1:10:55] the intent of a lot of the DoD elements. >> I mean the intent was that they were [1:11:02] trying to reduce the size of the building, [1:11:07] » right? And they could have reduced the size of the building and left the [1:11:10] building touching Waltham and touching powder mill and still reduced the size [1:11:14] and then had >> extra well extra room for the river, [1:11:20] extra buffer to the river, extra buffer to the [1:11:23] » if they had if they had left it and had it be open parking, would that be also [1:11:29] less than ideal? >> Yeah, that's not the deal and the [1:11:34] intent. You don't put parking in front of a building. [1:11:39] I think I think I'll fence for that. The intent was [1:11:45] about open parking lots. Uh and I I can recall specifically when we had a a [1:11:54] request for a fast food location downtown and we went back and forth with [1:11:59] it for a while because it required a special permit. And the idea is to [1:12:06] not present a seat of parking that is incompatible with [1:12:11] the streetscape itself. But in this sense, [1:12:16] you're working with what you have. And we have in in this case, I mean, it's [1:12:21] unusual because there's another building really blocking streetscape on one side [1:12:27] and then the other is a a high. It's not a typical DoD and we and the [1:12:34] reason I I would say that is because originally if you remember a couple [1:12:37] years ago this project started out as a mixeduse and we thought that was a [1:12:41] terrible idea to integrate it. We have people walking around uh from that for [1:12:47] commercial uses and that was that was something that originally going way [1:12:51] back. It started out as a much larger project with a at the time it was [1:12:55] marijuana was proposed I remember as out parcel and everything and and in the end [1:13:01] we went through a number of revisions uh culminating in uh what we thought was [1:13:09] the most practical use and it was within the spirit of the DoD which was multif [1:13:14] family higher density uh with working with the the landscape that we have and [1:13:21] and in this case you know in a perfect world we all agreed that it would have [1:13:26] encompassed that whole corner but we don't have that and I I think at this [1:13:30] point we're looking at does the good outweigh the bad is this project and is [1:13:34] I I think it is consistent with it is it the perfect location like I said I would [1:13:41] rather have I'm sure applicant would rather have the entire um but the entire [1:13:46] quarter but I think we really have to step back and look at what you know this [1:13:49] is a multi-year project in the end is going to be [1:13:53] um I think you know largely consistent with the aesthetics. I think they they [1:13:59] talk it looks largely consistent the idea of of [1:14:04] parking that's um not really right in your face on the [1:14:10] street or or enclosed. I I don't know what you know that's my [1:14:14] opinion. I mean we've been through this this has been started I was like this [1:14:18] started really in like what 2022 as a but we approved iteration [1:14:25] » we approved this version we're being asked to change what we approved and [1:14:29] what we approved matched all the goals and objectives of the DoD but in this [1:14:34] case I mean maybe the issue is how to make the canopy area look less canopy [1:14:42] less parking more like a building and less [1:14:48] auto visible or something. Right now it's just the canopy over [1:14:53] bunch of cars. [1:15:00] But you could I suppose you could you know like you facade a garage so it [1:15:05] looks more like a building rather than a garage. You could do that and [1:15:10] make it look more structure. I mean, would having the [1:15:15] uh the whatever the landscaping treatment that they have in in the two [1:15:20] other spots along that wall along the side of the parking canopy be [1:15:26] beneficial. The other thing is maintaining [1:15:30] maintaining a non non-p parking lot adjacent to the river was is also [1:15:35] important to us. So, you know, if you have to have the building on on two [1:15:41] sides and the parking not on the streets, but also not the parking not [1:15:46] all up against the river, they they've run out of places. And they did put the [1:15:50] majority of the parking on the fourth side, [1:15:54] but it's a complicated site. [1:15:59] » Big picture. designed the building so it fronted on both streets and the parking [1:16:05] would stay underneath. The parking would not get close to the river. But [1:16:09] if we're stuck with a canopy, I would I would want to see that to look [1:16:14] less like a parking canopy and more like a piece of the building. [1:16:20] » How many how many parking spots are under the parking canopy, Jim? [1:16:34] Six to seven. [1:16:42] » Seven. Six. Six or seven depending on what what we do at the end of that run. [1:16:49] » It It seems like an awfully lot of construction for six parking spots. [1:17:01] Is that is that a fair statement? [1:17:10] » Yes. Um but we are once again having that covered area. [1:17:17] Uh seven spots covered. What's the covered walkway? [1:17:29] Can I make a suggestion? I think correct me if I'm wrong, Jim, but you're covered [1:17:35] parking. And by covering the surface parking, that's allowing you not to have [1:17:40] to treat that drainage and the water and the runoff that basically hits that [1:17:44] surface parking lot. So, it's better for the environment if the water is captured [1:17:48] at the roof level and then goes into your system without additional [1:17:53] treatment. And that's probably why you're reluctant to change it because [1:17:56] you already have the Concom approvals. Correct. [1:18:00] » Yes. Yes. The biggest thing is definitely the conservation [1:18:04] » uh approvals. And that's a new calculation I think [1:18:07] that you'd have to run and and go back for that change. I mean, maybe a [1:18:10] solution here is to make it look a little bit more like the building and [1:18:13] the the structure, the canopy gets bigger, slightly heftier, you know, if [1:18:20] it looks like a brick arcade that then has the presence of the building um [1:18:25] where it's brick and a mix of metal. >> Yeah. More more like an um Venetian [1:18:31] sidewalk covered area. That's That's fine. [1:18:36] » Yeah. I mean, that may give it more of a building presence and less of a canopy [1:18:40] presence. I mean, there was going to be a canopy. Right. [1:18:50] Uh if if that's amendable, Jim, I think that would be more in the taste of the [1:18:56] of the comments of what you've heard from the planning board tonight [1:19:01] » to >> basically beef up the elements and make [1:19:07] it more um make it tie into the building better as [1:19:12] opposed to just a canopy. Yeah, I mean it could read like brick peers or brick [1:19:17] blasters and you've got landscape in front of that and the landscape plan [1:19:21] from 23. So along the side of it there already is a a planting bed with bushes [1:19:26] » that will buffer it a little bit. >> That's what I'm the planning. [1:19:41] Yeah. [1:19:55] Is that [1:20:22] element agreement elements are part of the benefits of the project [1:20:29] which is part of the decision on a approval or disapproval of a special [1:20:33] permit. So what's the status of the development agreement? It's been 2 and [1:20:38] 1/2 years. I would think that we would have some [1:20:43] pretty close to five aversion. [1:20:47] I did a little research on that and I have an answer for Bill too if you want [1:20:51] me to jump in. I look back on when we original uh the [1:20:56] answer is um it's it I guess it would be [1:21:04] it could be within the it requires a vote of the both boards planning board [1:21:10] and site board. Um Steve's working on that with Adam. I would say it is [1:21:17] it's I mean I'm not doing this but certainly within the next month or two. [1:21:23] I can't see it going longer but and that's the answer for that. I I'm not [1:21:28] working on it myself. So that is uh but we did discuss it today. I did do a [1:21:34] little research on it um because I was I couldn't remember exactly how we we left [1:21:38] it on the other because since then now we made changes for how [1:21:44] development agreement is done but at the time um this was uh this is I went back [1:21:51] in minutes I just curious on this how we did it uh and um [1:21:57] at the time um Adam was uh stack was being uh represented by um Mark Babowski [1:22:06] who was talking about this and and the board this is [1:22:09] uh the wording of the condition related related to the development agreement [1:22:13] would be important to consider at this time. Uh Mr. Verowski voices success a [1:22:17] suggestion to consider condition prior to the issuance of any mutually agree [1:22:22] agreeable building permanent development uh would be filed in the office of the [1:22:27] town clerk and approved by staff. Mr. Nezer asked for clarification on [1:22:31] timelines. Mr. Ki shared that the best course of action they thought at the [1:22:36] time was to uh close public hearing um subject to an appropriate development [1:22:44] agreement to be approved shortly thereafter. Well, it hasn't been shortly [1:22:48] thereafter. So, uh Chris Arsenal clarified that the final DA would need [1:22:53] to be come back in front of the planning board for review and signatures and they [1:22:57] agreed to the timeline. Uh Mr. Cranshaw acquired if the planning board if the [1:23:01] public hearing need to be closed before they and then to before considering [1:23:05] condition languages and they said they want to talk through the conditions. So [1:23:12] my if we just amend the we've since changed this how we do it in our bylaws [1:23:19] but modifying this the board could say um I mean there's a number of ways you [1:23:24] could do you can say before the effective date of the special permit. I [1:23:28] mean, then the permit's not good until it's executed. That probably is the [1:23:33] neatest and cleanest way to do it. Now, if we were doing a a a new development [1:23:38] agreement now with a brand new project, you know, it's hard because, you know, [1:23:43] sometimes we do them simultaneous, sometimes we don't. But in a perfect [1:23:47] world, yeah, they would. It's not perfect. So, that would be my answer [1:23:51] about that. Um, as for um what's going to be involved in the development grant [1:23:57] boards, basically Adam, are you on still? [1:24:00] » Yeah, I'm here. >> I I didn't want to really get too much [1:24:04] into this right now, but you've been working with Steve on the development [1:24:07] agreement basically, right? >> Recently, I mean, [1:24:10] » yep. >> And the type of stuff that's involved [1:24:13] basically is what we've discussed before. There's an open space [1:24:18] uh requirement that's got to be worked through BA on our zoning bylaws and and [1:24:23] on our um um planning board rules and regulations and we also um there were [1:24:31] some intersection modifications that we discussed [1:24:35] but so far as your timeline Adam would that work for you if if the board was [1:24:41] willing and we we said before that special permit is effective development [1:24:45] agreement has to be executed. >> Yeah, I would have no issue with that. [1:24:51] » I can't hear what he said. >> Yes. [1:24:53] » No. >> No issue with that. [1:24:56] » Yeah. Okay. Now, would that help though? That's an I mean, or if you want like a [1:25:01] date, I mean, I don't know. I can't I can't sit here and tell you. Yeah. [1:25:07] » Well, I understand your concern. I mean to approve a special permit, you [1:25:14] have to find that the good outweighs the bad. [1:25:17] » You have to find what? >> You have to find out that the good [1:25:20] outweighs the bad. >> That's correct. [1:25:22] » But if we don't know what good is in the development agreement, [1:25:27] then the scorecard is leaning towards the bad side. [1:25:32] » Well, then you wouldn't sign the development agreement. [1:25:35] » Well, or I might not approve the special requirement. It's been 2 and 1/2 years [1:25:41] and there's been no progress. So, I have little faith that pushing it out to an [1:25:47] indefinite time now is going to make any difference. [1:25:51] » I understand. >> However, the special permit if it's not [1:25:55] effective until then. >> Well, I would also point out that our [1:25:58] zoning says that the development agreement must be [1:26:03] in place before special. >> That is correct. But that was our 2024 [1:26:08] amendment and before it said the development agreement should be executed [1:26:14] before the special permit is uh right [1:26:18] » issued. So that's >> we're working under new rules for this [1:26:22] process. So >> under new rules. [1:26:26] » Yeah. And it's a creature of the development agreement too. As we, you [1:26:29] know, in the uh as we look at the past minutes, that was our approach was that [1:26:35] the working with the uh development [1:26:39] agreement, there's going to be certain amendments that are made that are just [1:26:42] like we do with that's how the density bonus gets done. You know, it's a it's a [1:26:47] it's another process. What do you have a suggestion? I mean, wait for a condition [1:26:50] on it. If if that was the case, then you could say, you know, you could say there [1:26:55] has to be um >> well, I mean, [1:26:58] » I don't really understand. I mean, they must have agreed on the major points and [1:27:03] they're just working out tiny little language, right? So, what are the major [1:27:07] points that have >> you have ask Adam on this one? [1:27:10] » I would like that into this hearing so it can be into the decision. [1:27:18] Adam, do you have anything to add with this? [1:27:21] » The only major uh change I think that we're looking to figure out u the legal [1:27:27] language for is how the contribution to the open space funding works, the money [1:27:36] towards uh the town and if that was to go just directly as a as a check to the [1:27:42] town or work in the intersection. And does that work in the intersection need [1:27:48] to be done by a town approved um site contractor or like it was that [1:27:55] was the language really that we're trying to me and Steve are trying to [1:27:58] just have hashed out just to make sure that uh [1:28:05] just to make sure that that work is done uh [1:28:10] in the best best effort for the for the town either like I said through a town [1:28:15] specific specific site um contractor or just the straight money to the town to [1:28:22] then hire somebody to do it. So that was kind of the the hiccup that we have. [1:28:27] » And there, Adam, are you referring to the um the improvements in the public [1:28:32] way with the um pedestrian signaling and and sidewalks? [1:28:36] » Exactly. That's exactly what it is. >> Right. And and just to be clear for [1:28:40] everybody here in a refresher, um there is a the open space requirement [1:28:47] that Adam is alluding to is required for um whenever there's bonus issu bonus [1:28:54] units issued for provision of open space or inind [1:29:01] um contribution. So those two areas are what we're talking about. There's one [1:29:10] other way to do this I could think of and that would be if uh continue the [1:29:18] public hearing for a date and give them as time to get it worked out. And um [1:29:25] you know [1:29:29] well they need to do new drawings anyways. [1:29:34] So, I I have a a request if I may. >> Go ahead, Adam. [1:29:41] » Um, obviously this project has been going on for quite some time now and uh [1:29:46] we do have a buyer that's, you know, getting a little antsy and obviously we [1:29:50] have to take the proper steps to make this correct for the town. I understand [1:29:53] that. My concern is every time we come to this meeting, there's a new aspect [1:29:59] that needs to be looked at. So, what I'm hearing right now is that yes, you want [1:30:03] to see new drawings for the the canopy. I agree and we can do that. Uh, yes, you [1:30:08] want to see a development agreement. Okay. You want to see where the walkway [1:30:12] ends into the parking lot. I I'm counting three things right now. Could [1:30:16] we hash out the other 10 items tonight and just say that the next meeting we're [1:30:22] going to look at A, B, and C so that then when next meeting comes [1:30:27] there's not D, E, and F that we have to go figure out. That would be my request. [1:30:36] » Well, I'd point out that the three items you cited were all brought up last [1:30:41] meeting, but [1:30:45] Speaking as an individual, I don't see anything else on the list. [1:30:50] » Board, do you see anything else that would that you would like to see changed [1:30:55] or updated so that you have the correct information to take a vote on this? [1:31:03] » I see nothing else. >> I think I'm good to [1:31:06] » I'm good. Hearing none. Um the the three items listed [1:31:11] uh design change canopy um showing a change in the the walkway [1:31:16] egress as discussed and the the outline proposal for the developing development [1:31:24] agreement. Those are the three items. May [1:31:26] » may I ask a question before you >> as long as you don't add an item, Bill? [1:31:31] » Well, not not in so many words. Um before it was [1:31:38] We we had um uh I know Steve and Adam are going to be [1:31:43] working on this and I think it's helpful to have a member of planning board work [1:31:46] as well as a member of the select board >> um [1:31:50] » on what >> with the development agreements. [1:31:52] » I will be I will be the member for the planning board. [1:31:55] » Okay. Is that Adam? I'm going to um I'll tell Steve about this and everything [1:32:01] » which is by the way not a change. I was the [1:32:04] » you were with Chris Silva I think was chair. is the member of the [1:32:07] » who's our leazison on >> Lindsay. [1:32:09] » Lindsay. >> So, no change in planning board [1:32:13] membership for the council. >> So, I'll ask I'll ask um I guess Lindsay [1:32:18] or >> ask Mike Stevens. [1:32:20] » Mike Mike Stevens if you want >> as chair. [1:32:27] » Um now the other question is um timing. [1:32:32] » Mhm. It's This is not a two week and we if we're going to tidy it up like that. [1:32:37] I I I don't know how I mean that's how we got [1:32:41] two weeks is tight. >> No, we're going to Bill we're going to [1:32:44] have to make this two weeks or I I fear that I fear that somebody's going to [1:32:47] walk away to be quite honest with everybody here. So I me and my team on [1:32:52] the architectural side have done what you asked us to do in two weeks. This is [1:32:57] in you have my full attention for the next two weeks to get this done. if it's [1:33:01] if you're talking about the development agreement and we really need to we [1:33:04] really need to make this this move forward. Um unless I'm going to be left [1:33:09] with without a buyer again. >> Okay. All right. And so I'll I'll make a [1:33:14] motion in a second, but first I I'm going to open it up to public comment. [1:33:18] Uh Zoe, would you stop sharing screens and and let's see if there's members of [1:33:22] the public that would like to enter a public comment tonight. Uh, if you're [1:33:27] joining us virtually, please use the raise hand feature or you can turn your [1:33:31] camera on and raise your hand and we'll call on you on each individual one at a [1:33:35] time. >> Jim, do you mind um turning off your [1:33:38] screen sharing because I'm not actually screen sharing. It's I think still [1:33:42] yours. [1:33:51] There we go. All right. [1:33:54] » All right. And Zoe, I'm not seeing any. >> Um, if there's anybody in the who would [1:33:58] uh in from the public who wishes to make a public comment, if you would please [1:34:02] use the hand raised function of Zoom >> and you will be called on. [1:34:06] » And Zoe, looking here in town hall, I don't see any members of the public able [1:34:10] to provide a public comment. That's correct. [1:34:12] » Okay. [1:34:15] » Okay. >> All right. [1:34:16] » Um, I think we have I think we have good instruction on [1:34:21] this. Um, I'll make a motion to continue this hearing until September 22nd at 7 [1:34:28] p.m. [1:34:31] » Second. >> All in favor for the continuence, please [1:34:33] raise your hand. It's 5-0. Thanks everyone. [1:34:44] » Okay. All right. Let's now turn to >> item four. Uh this will be I'll open up [1:34:53] the public hearing for 17 Nason Street. Uh this is an application to renew an [1:35:00] existing special permit to oper operate a marijuana retail establishment in the [1:35:04] central business zoning district at 17 Mason Street. Paula, thanks for coming [1:35:09] in. >> Thanks for having me. [1:35:11] » Um just for the record, could you please introduce yourself? [1:35:14] » Sure. >> Uh my name is Milwauke. I'm with the [1:35:17] Mass Wall Street and like you said, I'm here to uh renew our existing special [1:35:22] permit uh to operate adult use dispensary at 17 Mason Street and also a [1:35:29] new special permit application for a medical license to operate at the same [1:35:34] address. >> Thanks, Olaf. Um, Bill or Zoe, do you [1:35:39] have uh any comments on this renewal? Particularly, has has there been good [1:35:47] compliance from the applicant over the past couple years? Are there any fines [1:35:51] or anything else that are pending? Any non-compliance that the board should be [1:35:55] aware of? >> Nothing that's been reported to us. [1:35:58] » It's been fine. Everything's been fine. Renewals been fine. this particular [1:36:02] renewal. Um we asked them to run them both together because there's a [1:36:07] marijuana um [1:36:10] um application that has yet to be approved by the attorney general. We've [1:36:15] been waiting for it to uh go forward. uh since it's he um [1:36:22] we contact the attorney general's office and we don't expect [1:36:28] uh approve their behind and they don't expect approval till October. So what I [1:36:33] would recommend the board did at this point because we're running behind [1:36:37] already and we're trying to do it together to make it simple for the [1:36:40] board. >> Sorry, I'm I'm not following. What I [1:36:43] have here on the agenda is just a renewal of the existing special permit [1:36:47] on the agenda. >> Uh marijuana should be on there. Is it [1:36:50] » medical is not on the this attachment is not on the agenda. [1:36:54] » Um the agenda I have just says existing special permit for a retail [1:37:00] establishment. >> Ah okay. That's a that's a blunder on my [1:37:03] part. >> So So that's what I opened I opened the [1:37:05] public hearing for that. >> I see. I see. [1:37:09] » Well, I think we're going to have to >> let's see here. So, okay, we will have [1:37:12] to Well, okay, we'll take care of that offline. Um, what I would what what that [1:37:18] will involve is um it was already advertised. It wasn't Yeah, it wasn't [1:37:24] advertised. Here's what we'll do. If you continue the medical marijuana, [1:37:29] » it hasn't been open. >> There's no medical mar There's no [1:37:34] medical marijuana, but it was advertised on a legal notice. [1:37:36] » It was It was advertised, but the public hearing wasn't open. [1:37:39] » That's correct. So, the public hearing will be postponed or what we would call [1:37:43] Yeah. postponed till the next hearing for the medical marijuana. [1:37:48] » Okay. >> Okay. At that point, we're going to have [1:37:50] to continue it because unless the attorney general comes [1:37:54] through with another uh with a finding in between now and two weeks. That is on [1:38:00] my that's my fault. It was just not proper. Um the uh renewal should be uh [1:38:07] acted on tonight. There's been no problems. has been also been fine with [1:38:10] it. And so what I would say is uh formally just to uh postpone [1:38:16] um so we so it can be properly advertised. Anybody who came for the [1:38:20] meeting tonight for the um legal notice is um [1:38:25] aware uh and we'll put we'll put that to the you say the 22nd was the next one. [1:38:30] » Yes. >> And understanding that we're going to [1:38:33] have to continue it again till the end of October probably. Apologies Olaf off. [1:38:38] That's my fault. But um should be relatively painless. [1:38:42] » Okay. >> Uh so far as compliance has been [1:38:46] excellent. No, no, no issues whatsoever. And in the end, it's going to be a [1:38:50] separate special permit anyway because of the dates. [1:38:54] So, >> um can you bring up the the notice? [1:38:59] » Yes. >> Just so I can see it before I take any [1:39:02] more action. I just want to make sure. >> Um I'm looking for it, too. [1:39:09] This is a a copy of what was published in the Metro West Daily News. [1:39:19] Yeah. So, what was advertised is petitioners requesting a new special [1:39:22] permit authorizing medical marijuana use and the renewal of the existing [1:39:27] special permit to operate a marijuana retail establishment in the central [1:39:29] business owning district 17 days. And let's pull the agenda to make sure I [1:39:33] didn't that this one wasn't printed wrong. They mention it. [1:39:37] » No, this one just says um public hearing 17 Mason Street. It has the original [1:39:41] special permit last renewal which was approved in 2024 and then 2605 [1:39:47] 260 is the new one. >> So that just got [1:39:51] » Okay. So we advertised and we have an agenda with the renewal. [1:39:57] » Correct. >> Which is the hearing I just opened. [1:40:00] » Yes. >> So we can take action on that. [1:40:02] » Yes. And it seems like we don't need to take action on anything else because it [1:40:06] was not on the agenda. >> You're going to postpone it. [1:40:08] » You can postpone it because it was advertised. [1:40:10] » Okay. So, we'll take care of that after. >> Correct. [1:40:12] » Right. As a separate item. >> I wanted to split them anyway. [1:40:15] » Understood. Well, you did that. So, um Okay. Back to the renewal [1:40:20] um special permit. Um any comments or questions from the board? [1:40:26] And to to be clear, this is about a special permit renewal for a retail [1:40:30] establishment in the central business district. [1:40:35] » They're two they're limited to two years from the effective date of the new [1:40:38] special permit. So whatever um you know after the appeal period same as the [1:40:44] others two years is >> everybody has to come two years. [1:40:48] » Understood. >> Are the conditions still valid or some [1:40:52] no longer needed or anything? >> I don't know. Um I would in general [1:40:56] define defer to all conditions remaining valid unless there's a good reason. Um [1:41:02] are there any reasons to drop some of the conditions? [1:41:06] » Is there any requests to change anyone was maintaining the clock? [1:41:11] » And have you have you maintained the clock? [1:41:13] » I believe so. Yes. >> We love that clock. [1:41:16] » Do you have any requests of the board? >> Maybe after this because I have a [1:41:21] question and followup questioning regarding the opening hours. So I'm not [1:41:24] sure if that is part of this >> because it's more general question I [1:41:28] guess because the board of health they think that they are the authority to [1:41:34] regulate opening hours and the select board they also say that they are the [1:41:38] authority and I heard that the planning board also early on so I don't know [1:41:43] which one is >> ultimately theost host community [1:41:46] agreement um host community agreement by the select board controls [1:41:51] » the select board okay >> right this is a zoning We're we're what [1:41:54] we're doing is saying okay the zoning is good here here's the conditions we are [1:41:58] approving under but the select board without a host well it's actually both [1:42:03] ways the planning board I suppose uh could trump [1:42:09] » something the HCA did I suppose but uh >> I think it would be the more restrictive [1:42:13] of the two >> uh the public health officer I don't [1:42:16] think has a role >> I don't think [1:42:20] » and and hours of oper >> did you have to go see them for [1:42:23] Well, initially, yes, I had to um because the board of health bylaws, they [1:42:28] added that they are regulating the opening hours [1:42:31] » and then the select >> I don't think they have any chang [1:42:36] » that was that was years ago. >> Yes, it was months ago. [1:42:39] » That might have been when the when the state was more heavy-handed with the [1:42:43] regulations of this and it was some of it was through the public health [1:42:46] departments. But >> you check in tomorrow, we can clear that [1:42:48] up. >> Okay. It it my understanding it would be [1:42:52] planning board has some authority to to limit and restrict [1:42:57] » but select board with host agreement is the primary vehicle for hours and [1:43:02] operations. We don't have we would appear in every hourgl [1:43:14] right now but we are discussing I was talked to Greg um last week and uh [1:43:19] regarding this and he said let's talk about it at the select board meeting but [1:43:24] » what hours would you like to propose? >> Uh we have not decided yet but uh I [1:43:28] think that we will expand the hours. What hours would you not with your [1:43:32] conversations, what hours would you like? [1:43:35] » Well, we still we're looking at the the logistics of the staffing and stuff like [1:43:39] that, but it definitely um add hours to end of the week, maybe reduce hours on [1:43:46] Sundays >> and maybe Mondays and Tuesday early in [1:43:49] the week, but also we discussed uh opening way later and even earlier, but [1:43:56] yeah, we haven't really decided yet. I just want to check to see who I should [1:44:00] talk to. >> Seems like we don't really know, but [1:44:03] Bill will figure it out for you. >> So, I thought we put it in yours. Maybe [1:44:07] we didn't put the >> I mean, you remember we amended them [1:44:11] when >> I remember, too, cuz it it's 8 to 10 now [1:44:13] or something. >> 10 to 8. [1:44:16] » Oh, okay. Okay. [1:44:19] » I got >> Well, apparently I'm okay with with the [1:44:23] other way around. [1:44:27] That's what I thought it was. >> It doesn't look like there's anything in [1:44:32] this this record of decisions from this location. [1:44:36] » Probably carried over, >> but no, I think this this goes back to [1:44:40] the first um special permit that was approved for [1:44:44] this location. >> We ch I remember distinctly we changed [1:44:48] it at one point. >> Me, too. [1:44:49] » But I I'll look it up all but if there's something you want, [1:44:53] » Bill, let's do this. Bill, do you should we continue? [1:44:57] » Operation >> 10 to 10. [1:44:59] » Oh, 10 to 10. >> The first one. [1:45:02] » The first one. >> That sound all right? [1:45:04] » Yes. Well, most likely. Yes. But we never stayed open to 10. [1:45:08] » Well, >> well, you have permission to. So, from [1:45:11] » as far as these guys are concerned, >> no breakfast. [1:45:15] » Maybe you're missing a market. Didn't we update it to 8:00 a.m. to 10 p.m.? [1:45:20] » I could have sworn we did at some point >> if we asked for it. [1:45:25] » The guys in Boulder are open till se at 7 a.m. [1:45:28] » 7 a.m. >> Yeah. Right next to the coffee. [1:45:32] It's weird. [1:45:36] » Do we want to like just change that to defer to select board or do we want to [1:45:41] set a you know nothing between 1000 p.m. and 6:00 a.m.? [1:45:45] » No. No. No. No. I don't want to make >> Let's do this. Do [1:45:49] does is your advice to continue this until [1:45:53] this item should get figured out or should we just vote on the on renewal? [1:45:56] » I I I are you happy with the way it is 10 to 10? [1:45:59] » Yes. Yeah. We're going with that, right? >> Yeah. Yeah. [1:46:03] » And if there's a subsequent modification, I turn up cuz I could have [1:46:06] sworn we did eight to 10. >> All right. So, there's no proposed [1:46:08] changes. >> Whatever the most current is, it it [1:46:12] would have been more. >> That's fine. So [1:46:15] » because his first his first one was he was the first one we did and he had like [1:46:20] » huge number of conditions. >> I'm just trying to get through this [1:46:23] hearing right now. So that so no proposed changes to the to the [1:46:28] conditions. Okay. I'll open up for public comment. [1:46:33] » Um if there's members on on the um virtually online if you'd like to um [1:46:40] provide a public comment, please use the raise hand feature. Um, Zoe, I'm noting [1:46:45] that there is no one here at town hall to provide a public comment. Is that [1:46:48] correct? >> That's correct. [1:46:50] » Thank you. Um, any other questions or comments from the board? [1:46:56] Bill or Zoe, what is the motion here to renew the special permit for a period [1:47:02] of two years? >> Yes. [1:47:03] » Two. >> Two. [1:47:04] » Okay. >> Three years. We do from effective date. [1:47:09] So we did we give them every as soon as you know we [1:47:15] effective date of the permit. >> Okay. So the MO Okay, we'll get that in [1:47:21] a second. Um >> but that doesn't need to be does that [1:47:23] need to be specified or does it does it attach automatically as the term? [1:47:29] » Well, that's a question. And also there's one other thing I want to add [1:47:33] here which is um uh relevant to it's not in the the public hearing for the for [1:47:40] medical use but there will be a 2-year there will be a 2-year renewal period on [1:47:47] the medical use as well. >> I think that's what it is. [1:47:50] » Okay. So is there any mode by which the board can synchronize the renewal [1:47:54] period? That's what we were trying to do originally, but because the AG approval [1:47:58] and then pull off expired. It's already expired. So, you filed it here. [1:48:03] » So, that's why I don't want to do it. >> But in a perfect world, yeah, we would [1:48:07] put them together and we we there's probably a way we can do it at our next [1:48:12] two years. Yeah. >> For now. [1:48:15] » Cuz the attorney general could say, "No, you know, something's wrong. You know, [1:48:18] we don't want this." >> I Yeah. That's a request. Just [1:48:22] » Okay. review him as a existent. >> All right. I will um seeing no no [1:48:30] comments from the board, I'll um make a motion to close the hearing. [1:48:34] » Second. >> All in favor to close the hearing, [1:48:36] please raise your hand. That's 50 to close the hearing. So um what is what's [1:48:43] the what's the date I'm referencing in this motion? [1:48:47] » The uh you have the Yeah. ex uh the um [1:48:57] uh >> there is the number [1:48:58] » this >> 2410. [1:49:01] » Yeah. So say renewing >> petition number 2410 for a period of 2 [1:49:06] years. >> Um [1:49:12] » what's petition 2410? >> No, I I'm sorry. I just I I think this [1:49:17] that it should be a motion to renew the existing special permit because this was [1:49:22] a renewal of of its own special permit and if we have a a reference number here [1:49:27] then we'll get that >> yeah [1:49:30] for a period of two years. That's it. Right. [1:49:33] » Renewing the existing special permit for adult use marijuana retail for a period [1:49:39] of two years. Um, I'll make a motion to renew the [1:49:43] special permit for Masswell Springspring LLC at 17 Street. Uh, to renew the [1:49:48] existing special permit for marijuana retail establishment for 2 years. [1:49:57] » I'll second that. All in favor, please raise your hand. [1:50:02] It's 50 to issue the renewal. And now if we could postpone um the uh because of [1:50:11] the failure to include it on the agenda the the it was advertised I just [1:50:15] postpone it till the 22nd and that will be the medical marijuana and we're going [1:50:20] to have just as I said unless something comes in we'll continue it. [1:50:23] » Sure. So, as a note to the public and for the meeting minutes, um there was a [1:50:28] public hearing that was scheduled for tonight for 17 Nation Street regarding [1:50:34] um medical marijuana establishment for the central business district. That [1:50:39] public hearing is being postponed until >> 22 [1:50:45] » or for sure or until further notice? >> Until until September 27th. [1:50:49] » Okay. That public hearing is being postponed until [1:50:53] September 22nd at 7:00 p.m. End of notice. [1:51:01] » Okay, that's it. Olaf, thank you for your time. Thanks for coming in. [1:51:04] » Have a good evening. >> Thank you. [1:51:06] » Thanks a lot. See you in two weeks, right? See you before. [1:51:11] » All right. >> All right. We have zoning amendments. Uh [1:51:15] I'll open up the public hearing for zoning bylaw amendments. There are three [1:51:19] amendments listed in the uh agenda and these are um bylaws that will be [1:51:26] recommended for approval for town meeting on October 13th, 2026. [1:51:31] The three amendments are listed A, B, and C. A is an to amend section 7.5 of [1:51:37] the wireless telecommunications tower and facility requirements as noted. uh [1:51:43] or B is amend section 312 of the use regulations for table A use regulations [1:51:49] as noted and C amends section 7 um 710 inclusionary housing as noted. [1:51:59] I presume Zoe or Bill may lead us in this discussion. [1:52:06] » Sure. >> Where would you like to begin? [1:52:09] » I would start with a >> A [1:52:13] um with telecom telecommunications tower [1:52:18] safety. >> Yes. [1:52:20] » Okay. Um the gist of it is that telecommunications tower cell towers [1:52:27] have to come before the board every two years for renewal of special permit. The [1:52:31] standard uh in the industry for um attestations of the structural integrity [1:52:38] of the towers is 5 years. And we wanted to prevent a circumstance whereby a cell [1:52:46] tower would come in for a two-year special permit with one year left on [1:52:50] their um on their structural certification and then that that [1:52:55] certification would require updating in between the term of special permit. So [1:53:01] the idea here is that if the certification [1:53:05] is dated within three years of the application date, it will have two years [1:53:09] left at least so that it won't expire before their special permit expires. [1:53:19] » How do all the structural engineers feel about feel about this? Speaking as a [1:53:23] nonstructural engineer farm. >> No, not me. I think I think we have one [1:53:31] maybe. [1:53:35] » Yeah, man. >> I don't have an SE, but Oh, I mean [1:53:38] that's what I that's what I do. >> You don't count. [1:53:40] » He does count. [1:53:44] » Sounds good to me. >> Fine. [1:53:46] » Any any questions, comments about the way this is phrased? [1:53:49] » Yeah. So, my >> my only question is the It says three [1:53:53] years of the application date. [1:53:57] I mean it really wants to be is that enough? I mean the daily put the [1:54:03] application not the day the renewal starts. You're okay with that? [1:54:09] » I think that's a valid observation. Um [1:54:13] » well we went by the um remember the spec man recommended 5 years. No, but he's [1:54:18] saying within 3 years of the application date for the special permit renewal or [1:54:22] the >> issuance [1:54:24] » issuance of the renewal. >> Can you change the word? [1:54:30] We can do that. >> I mean, you're not Are you going to put [1:54:32] the application in a more than a year before the renewal? [1:54:35] » No, because it has to um has to go before within what 20 days? 20 uh within [1:54:41] 14 days. Not >> Oh, really? Yeah. [1:54:43] » Oh, and I don't think it matters much. I mean, I guess it could be continued, [1:54:49] but um [1:54:53] » I guess my my decision factor on this would be [1:54:58] where are we in the town meeting timeline? Is this already been printed? [1:55:03] » Yes. No, yes and no. Yeah, if you would like to join us for glue stick time for [1:55:09] the revised text that we will glue in each copy of the warrant. I I think that [1:55:14] they haven't been printed yet, but if we need to make changes, we'd have to make [1:55:18] them like like >> Okay. I was just trying to so our chair [1:55:20] doesn't have to present a amended motion. [1:55:24] » I Yeah, I see. Chris loves the limelight. [1:55:28] » I love presenting amended motions. It is so much fun. [1:55:33] I think it's fine as it is. [1:55:41] » I also don't really understand what he said. So, [1:55:44] » no, I I get what he means cuz what if somebody applied for a renewal of a [1:55:47] special permit and then it was it was caught up in in in hearings continuing [1:55:51] for years and years. >> Oh, yeah. [1:55:54] » Woof. >> Yeah. [1:55:56] » Then they can just pay for another structural engineer. [1:55:58] » Yeah. I think this would all probably be be dealt with in the proceedings of the [1:56:02] of the permit. >> Then then they wouldn't but they they [1:56:06] wouldn't have a tower anymore to be it wouldn't be active. [1:56:12] » Yeah. >> Um [1:56:13] » I think the whole point is that they they need these things renewed [1:56:17] » I think so that they can continue to operate their the cellular devices. [1:56:24] Any other questions, comments? [1:56:29] Um, Peter, I see you're still joining this hearing. Um, if I'm just going to [1:56:33] open up for public comment. If you want to comment on any of these three, just [1:56:36] please raise your hand, but no pressure if you don't. [1:56:40] » Yeah, I'm mostly just listening, but I will ask questions if I have them, but [1:56:44] not on this one. Thank you. >> Okay, just raise your hand if you feel [1:56:48] like commenting. Um, okay, Zoe. >> Okay, next. [1:56:54] Um, now does does the board have to vote on vote uh to recommend approval to plan [1:57:01] meeting? >> But they don't have to vote on each [1:57:04] particular >> Well, this is one public hearing. So, [1:57:08] the way I see it, we should take one vote on the public hearing, but [1:57:13] » all you do together if you want, right? >> Okay. All right. So, next we're looking [1:57:20] at the use table. Is that correct? [1:57:25] » We're fetching your file. >> Yes. [1:57:28] » This is the addition of a footnote to our use table which restates [1:57:34] that in the section zoning bylaw section 9.6.3 which regulates the uh healthcare [1:57:43] industrial zone i.e. the mill that multif family [1:57:49] use is only allowed by right for existing structures. That if you if you [1:57:55] want to put multif family housing into the mill already that that can be by [1:57:59] right, but if you wanted to build a new building or demolish [1:58:03] an old building and rebuild it, you will have to come before the planning board [1:58:07] for a special permit. This isn't adding any any new policy. is [1:58:12] just adding an an additional note of the policy into disabled. [1:58:18] » I like it. [1:58:22] » Clarification. >> Clarification. [1:58:27] And a a dagger. >> A dagger. [1:58:31] » A dagger. It's a dagger. [1:58:37] That's right. >> All right. The upper parking lot's GR, [1:58:40] correct? What? [1:58:43] » Sorry. What? >> The upper parking lot is GR. [1:58:46] » Yes. >> Yes. [1:58:47] » Okay. [1:58:53] » Any questions? [1:58:57] » What did Yeah. What is 166? What is >> that? Is the refer is a footnote that [1:59:03] shows where which meeting the policy was adopted. See where the models were. [1:59:10] » Oh my god. We got to squeeze another footnote in there. Another 182 or [1:59:14] something. >> They're handy though sometimes when you [1:59:16] need it. We're always glad information request when you see those. [1:59:25] » And by the way, the footnote is already there. It's just a dagger that isn't [1:59:28] there. >> Right. [1:59:32] » Then why is the footnote underlined? >> It's not. [1:59:35] » It is. >> Only the dagger's underline. 166 not [1:59:41] » so close. >> See, it doesn't [1:59:46] » That's good. Okay, >> good job. [1:59:48] » All right. >> Okay. [1:59:50] » How come it looks to me like the footnotes? I don't like [1:59:55] » dot game >> for existing structures only. [1:59:58] » He's talking about the text on the bottom. [2:00:00] » Yeah. >> Oh. Um cuz this isn't a footnote. This [2:00:04] is this is a the foot. Okay. So I guess okay this is an end note [2:00:11] » and this is a I guess this is a footnote. [2:00:14] » I I think that's all new text. >> Yes. Correct. Correct. [2:00:18] » So yeah, >> exactly. [2:00:20] » I think the the cross is a footnote. >> Yes. [2:00:24] » And the number 166 is an endnote is at the end of the document. [2:00:27] » Correct. Yes. Right. >> Nice job. Noted [2:00:31] at the end. >> All right. That'll be a test at the end [2:00:33] of town meeting. Yeah. >> Next one. All right, [2:00:38] » that's going to be my whole presentation. [2:00:39] » Moving on. >> A dagger. [2:00:41] » Dagger. >> Well, I'm going to include dagger, but [2:00:43] I'm not the the difference between end note and footnote. [2:00:46] » Yes, >> that's the whole presentation. [2:00:48] » This one has some has some substance to it. So, um and it's it there is an [2:00:54] ellipsus here, but what this amends is item B under the density bonus section [2:01:00] of the 7.10.4 for mandatory provision of affordable units section of inclusionary [2:01:07] housing. And what this does is >> Can you zoom in? [2:01:12] » Yes. Um can't do it anymore. This is [2:01:20] why I want that. >> Sorry, you can keep talking. I'm just [2:01:26] » blind. >> Okay. All right. [2:01:29] In our in our bylaws right now, it says new develop new residential development [2:01:34] allowed by right that is not subject to this bylaw may pro uh can provide [2:01:38] affordable units should the applicant volunteer and therefore be eligible for [2:01:43] the same benefits specified above. And what that means is that if you have a a [2:01:49] project with under six units and you aren't required to um provide affordable [2:01:55] units under our inclusionary zoning bylaw and your project is by right, you [2:02:01] can have an affordable unit voluntarily and get a reduction in in the square [2:02:07] footage minimum. So you can reduce the size of the units to to a smaller square [2:02:12] footage if you voluntarily agree to have an affordable unit even if you're not [2:02:17] required to. Right now this only is offered to projects that are allowed by [2:02:22] right. But as we saw, for example, a project like 16 Waltham Street, [2:02:29] sometimes a small project comes along that is still subject to planning [2:02:36] special permit review that might want to do that. And so this would amend the [2:02:42] bylaws to say that any new residential development [2:02:48] not subject to inclusionary zoning may provide affordable units should the [2:02:52] applicant volunteer and therefore be eligible by by the benefit specified [2:02:55] above by special permit of the planning board. So it's up to the board to uh [2:02:59] consider that arrangement and it's not limited to only byite [2:03:06] projects. It's remains open to buy projects, but [2:03:11] it also allows small residential projects that would say be a five units [2:03:17] to have one affordable unit for example and negotiate smaller square footage [2:03:23] with the planning board as part of their special permit. [2:03:27] I don't remember where this is in the zoning, but [2:03:32] if they do that, do they also get involved in all the rigma roll of a [2:03:38] development agreement and open space commitment? [2:03:40] » No. >> No, that's only the DoD, [2:03:47] » but that would apply to 17 WAM Street because it is in the DoD, right? Um it [2:03:52] this this is um this inclusionary zoning would apply throughout the town and so [2:03:59] it would provide an option even within the DoD for smaller projects that would [2:04:04] not necessarily want to go through the DoD's own version of this. So it could [2:04:09] potentially cause a duplication or even a conflict with the density flexibility [2:04:16] of the DoD. Um that's something to to contemplate. [2:04:22] But it would grant that um it it it allows this now for biomite [2:04:30] projects. So, it's a little it's a little unclear to [2:04:36] me. Like, for example, a a six a sixunit mixeduse project in the DoD is a byite [2:04:44] project and they could [2:04:48] they could benefit from this and not go through the DoD's own density bonus [2:04:53] section. Isn't that right? >> That's correct. So, they're they're [2:04:57] basically they're not able to participate in the density bonus program [2:05:02] with the inclusionary zoning if you're under [2:05:05] » six. >> Yeah. So, [2:05:08] but all of this would still be within the planning board's special permit [2:05:12] authority. So I don't see a I can't personally see a scenario in which a [2:05:19] person would be gaming the system because the board would still be able to [2:05:25] see and apply the criteria as appropriate to the application and its [2:05:33] specifics. [2:05:42] Sure, sounds good. [2:05:46] I might perish at this meeting. So, I say let's do it. [2:05:51] Are there are there I I I love the positivity. [2:05:56] Um but are there any other questions about [2:05:59] this or concerns about it? And you know, we do have this inclusionary zoning. we [2:06:04] do have this reduction of of floor size minimums in the DoD and it's creeping [2:06:11] into other and it's also available in through our inclusionary zoning [2:06:16] throughout the rest of town. So there are some places where the DoD and our [2:06:21] inclusionary zoning bylaws overlap or or are duplicative and a person in the DoD [2:06:28] might pursue one or other approach based on whether or not they want to go [2:06:33] through the rigor of development agreement. [2:06:35] » It sounds like the change is going to just allow us to have more oversight. [2:06:40] » Yes. >> For these eventualities. [2:06:43] » Yes. But this this density bonus is you build [2:06:48] an affordable and you can build an extra market, right? [2:06:51] » No, that's not a bonus unit. >> It's only a reduction in the size [2:06:59] » if I'm not. >> And 710 has a reduction in size. [2:07:04] » Isn't that what that is? >> Well, what section 10 does, it allows [2:07:08] for a uh reduced pull from here. Um it allows for a [2:07:14] reduced lot area as necessary [2:07:18] to achieve a um extra market for [2:07:24] » requested number of units. >> Yeah. [2:07:26] » So the way it reads is um [2:07:31] let's see 710. [2:07:39] » Are you sharing that screen? >> Am I? No. [2:07:45] » So this this is in discussion. It's it's a sub paragraph of density bonus, but [2:07:52] the planning board may allow an increase in the total number of market rate units [2:07:57] by a number equal to the required affordable units not to exceed [2:08:04] 10 bonus units. >> Okay. [2:08:07] » So this is bonus units, >> right? [2:08:09] » Okay. And the minimum lot area per dwelling [2:08:14] unit normally required in the applicable zoning district may be reduced by that [2:08:22] amount area necessary to permit the additional market rate and bonus unit. [2:08:30] For example, in a development that must provide two affordable units, an [2:08:36] additional two market rate units may be allowed through the reduction in minimum [2:08:42] lot area per dwelling unit. All other standard standard dimensional [2:08:46] requirements shall be met. The the density bonus may only be granted for [2:08:53] developments providing the units on site blah blah blah. And then what Zoe is [2:08:58] amending there is the second part to that underneath which is B. New [2:09:03] residential allowed by right that is not subject to this bylaw. So in other [2:09:07] words, this is we're talking about a five unit development can provide [2:09:12] affordable units should the applicant volunteer and therefore be eligible for [2:09:17] the same benefits specified again above. So we when we put by right [2:09:25] that's that was the poison pill there. >> Yeah. But you guys not you guys but the [2:09:31] the bylaw here was trying to capture the other option which is the by right [2:09:35] option instead of the special permit path option. [2:09:38] » So I get why >> we require special permit for multif [2:09:42] family. So we kind of tripped oursel up with what happened. [2:09:45] » I got it. Okay. >> Yeah. [2:09:47] » So this doesn't prevent anyone who could build it by right from doing that. still [2:09:51] everyone else it's it's it still allows >> by right. So if it's by right this is [2:09:56] still applicable. >> Correct. Yeah. The developer comes in [2:09:59] tomorrow and and they need a special permit to do it. You just that is say [2:10:02] hey look >> we're not required to participate in [2:10:05] your inclusionary zoning to achieve our density bonus and get the extra unit. So [2:10:11] we want to do it. >> Mhm. [2:10:13] » And you guys just do it. There's no development agreement. No. And it just [2:10:16] has to go to and it so the special permit criteria would be the 10.4 [2:10:22] special permit >> if it's Yes. [2:10:25] » Right. >> Well, if it was in the uh um [2:10:27] » if it's in the DoD, then then the DoD would apply, but the question I think is [2:10:32] about whether the DoD's own internal uh density bonuses [2:10:39] because the DoD has its own language about [2:10:41] » it does. It does, but this is a that's a different process that requires open [2:10:45] space agreements and designed for larger scale. Yeah. It's not designed for two [2:10:49] or three years discretion about whether they apply this or the DoD or DoD [2:10:53] projects that meet this very restricted set of criteria because it would be five [2:10:58] units or fewer. This would just this would be a this would be a very strict [2:11:02] special permit just for the density bonus units [2:11:06] » just for us to get the >> that's it for [2:11:09] » if it were a multif family use outside of the DoD that required a special [2:11:14] permit >> then they could apply for this. So let's [2:11:17] say that it was in GR and they wanted to put in um you know and they wanted to [2:11:21] put in five units that they could um make they wanted to put in four units [2:11:26] that they could make one affordable and then get five. Mhm. [2:11:31] But they let's say there's by right and the special permit would only be for [2:11:37] wouldn't be for for the whole project. It would just be for the bonus units [2:11:42] » then >> in that case. Right. [2:11:43] » Yes. >> Right. [2:11:45] » Correct. >> So someone came in for buy use. They [2:11:48] wanted to apply this and it says they have to go to special [2:11:53] permit for with the planning board. Our special permit review would just be [2:11:56] about the density bonus units. >> No, because we we require special permit [2:12:00] for multif family uses. So three >> I was trying to think of anything else [2:12:04] that would get tri triggered >> this disc this by right the the notion [2:12:08] of residential multif family development that would that would would even do this [2:12:13] by right. I don't even know if that has ever existed. [2:12:15] » So yeah so I'll say it differently. Here's my question. Right. Um this this [2:12:21] now would this now means that any byite use would have to come to special permit [2:12:26] if they wanted to use this part of the zoning bylaw. Right. [2:12:31] » Um >> yes but there is no by use that would um [2:12:38] there is no byite use that allows multif family development. [2:12:44] » Okay. What's multif family? >> Three and over. [2:12:46] » Three and over. >> Three and over. Okay. So a duplex [2:12:49] wouldn't trigger. >> No. [2:12:50] » But at the same time, [2:12:54] » I don't know whether that we're closing ourselves off. [2:12:57] » That's I'm just thinking that. >> So if I had a duplex and I added made [2:13:01] one affordable then made it into a three. [2:13:06] Am I just getting a special permit to go to three and no other special permits [2:13:10] because it was as of right. >> Yeah. [2:13:13] » Well, I think so. that that's a good not that that's really going to happen. [2:13:17] » Well, the the easy insertion would just be a new res new multif family [2:13:21] residential development. >> I'm fine with the [2:13:24] » Now, we can use our crayons on town hall meeting. [2:13:27] » Huh. >> Now, we have to break out the crayons [2:13:29] for the for the town more. >> I'm sorry. [2:13:32] » To to No, I think you if you do that, you can get you just get to them first [2:13:36] thing in the morning. >> Yeah, we can get this we can get this [2:13:38] changed up >> if you won that. I think that would do [2:13:40] it. >> Yeah. new multif family because now the [2:13:43] truth is what Bill just said could happen anyway because of ADU if it's [2:13:47] under >> but that's not that's not regulated as a [2:13:50] multif family. >> No [2:13:53] one want third unit. >> We do we do want to consider the idea of [2:13:55] affordable ADUs coming into existence. So it's certainly good to leave that [2:13:59] open. So yeah I'll put in multif family. >> I thought the concept of ADU was that it [2:14:06] was affordable. Yeah, that's not officially. [2:14:10] » We're not allowed to make an affordable, >> right? [2:14:13] » No, we can't. We tried, remember? >> Oh, right. [2:14:15] » Yeah, we know. They threw it back at us. >> Yeah, the Commonwealth said no. [2:14:18] » Well, we beat them. We beat them. We tried that in our original one for [2:14:21] » Yeah. No, Bill. We had it. [2:14:26] » Grandma's paying five grand a month. >> Yeah. Mhm. [2:14:31] » So, >> which grandma? [2:14:33] » I don't know. That would be actually a good way to sneak some money to your [2:14:37] family actually amendments. [2:14:40] » Um, no, I don't have any questions. Any questions? [2:14:45] » Okay. >> Is there is there um motion? [2:14:48] » Well, first I opened up public comments. Um, did [2:14:52] note there's Zoe, there's no one in the room to provide public comment here, [2:14:56] right? >> Correct. [2:14:58] » Well, I just need someone to confirm. >> I know. For the record, [2:15:03] » I do. >> The camera doesn't do 360. [2:15:05] » I didn't say anything. >> You did. [2:15:09] » We're all in there like the Brady Bunch. >> Um, okay. [2:15:11] » The only change is the um adding multi family. [2:15:15] » I'll I'll make a motion to close the hearing. [2:15:18] » Second. All in favor to close the hearing, please raise your hand. [2:15:21] I'll make a motion to uh recommend approval of the three [2:15:26] zoning bylaw amendments to town meeting for October 13th, 2026, [2:15:32] including amendment C amended as discussed just recently. [2:15:39] » Second. All in favor of the motion, please raise your hand. It's 50 to [2:15:45] approve two of the amendments as noted and one [2:15:49] as amended. So amend the amendment [2:15:55] um >> for approve recommending. [2:15:57] » We're recommending [2:16:01] » approve and recommend. >> We recommended and then my motion was to [2:16:05] recommend um [2:16:10] » meeting minutes. [2:16:14] Can we skip town uh town planner update? >> Yeah. [2:16:18] » Okay. >> It's also not on the agenda, so can't do [2:16:22] it. [2:16:25] » Just just noting. >> I don't do that. [2:16:27] » It's true. [2:16:31] » I like them. >> I'll make a motion to approve the [2:16:33] meeting minutes from July 28th, 2026. >> Second. [2:16:38] » All in favor, please raise your hand. 5 Z to approve the meeting minutes. [2:16:43] Thank you. [2:16:46] » Uh I'll make a motion to close the meeting. Second. [2:16:51] » All in favor to close, please raise your hand. It's by observe to close. Thanks [2:16:55] everyone. >> Thanks everybody. [2:16:57] Um