001[Music] Good evening. This is the playing board of Tuesday, April 15th, 2025, and the meeting is being recorded on TV. Uh, first order of business is, uh, reorganization. I have no idea. you uh you may want to skip over the chairmanship. Why? She's not here. We can we can obviously appoint her. She can't do it. Let's do it. She said she's 2 minutes away. Okay. Well, let's make the nomination. Okay. Why don't we just go uh amended site plan for 110 South Main? That is that going to be continued? Yeah, there's a letter in the packet. Okay. Well, an email in the packet. Okay, that's we're not going to do that. Uh we don't need a meeting. Uh okay. Um Mike. Uh Mr. Mini, may I interrupt? Certainly. Um I have a blank screen. I
002can I can hear all of you, but I can't see any of you. You're lucky. Uh I don't know if you can see me. Yes, we can. I I was un I was unable to figure out why the camera that we have for the Zoom is not working. As as long as I know that you're all there and I I won't interrupt again till I'm called upon. Thank you. Actually, give if you want to give me a second, I can probably Okay, Larry, you want to go over for 22 View Road or do you want to or you want to wait till reorganization? Yeah, you really What do you guys want to wait minutes? Yeah. Yeah, we could do the minutes of the meeting. No, I probably can't do that either. Yeah, she wasn't at
003the Oh, she wasn't at that meeting. No, three of them. So, you can do it. Yeah, you can do it. So, I'll make a motion to accept the minutes from the 41 2025 meeting. I'll second that. Moved and seconded to approve the minutes of the second 4125 meeting. And any further discussion? I'm amazing. Hearing none. All those in favor? I opposed. Three. Three in favor. one abstension right now. Uh I I motion Joe uh Joe Morice second and Martha's here. So I'm so sorry. I'm sure it was a down tree. One of the many all around town. I don't have that excuse. You can use it. Okay. Thank you very much, gentlemen and lady. Okay. Thank you. [Music] Okay. The nom nominated for chairman. A nomination for chairman. Um it's my understanding, if I may,
004Mr. Chair, that um I would be theoretically next in line as the one with the soonest. Yes, expiration or not end of term. Let's hope not carried away. Um, however, I actually um would choose not to to take that. Um, but I would nominate Mr. Marble Mani as chair if that's in order. Okay. Um, I would like to uh nominate Chris as well. Thank you. We have a second. Is Chris Chris up next or No, Joe, you're up next, right? Yes. And I guess Yeah, I would add that a point of just a point of order. I I believe only you if she's nominated him. You either get a second or you don't. I believe Elizabeth is right. Miss Mini is wrong. Second anymore, is it? No, that's No, it's still That's what I Well,
005yeah, it should be a second, but you can still make another nomination. Yeah, still make a second for Mark's uh nomination. Well, how do you Yeah, I actually think How do you know? How do you know if there's a sec? How do you know if the second is for you or whoever makes the second? We'll make it make it clear. Got it. I'll make it I'll make it clear. I will second the motion for uh babe as chair. Perfect. Move a second. Any other nominations? No. I would say there is another nomination on the floor. Okay. Since Chris seconded the first I seconded yours. Correct. Does anybody want to second Chris's nomination? Correct. Okay. Just a quick discussion. Yeah. I I know um kind of the rotation is a little bit different. This board and
006some other boards obviously school committee that I've served on. We don't necessarily have the rotation probably because we have seven members and it's a 223 type thing. um you know uh I was had the pleasure to serve for two years in a row and the consistency that that brings along with it. So that's why I'm in favor of Babe being the uh chair for a second year. Um I guess I just you know when you see the shortest term and the next in the rotation I just also feel like babe you Joe you know the experience that you bring when you sat in this seat is is is in a sense second to none. So breaking from the tradition is certainly okay by me and that's why I just want to make that point to
007everybody too that you know I've been on this board now a couple years so to look to to the two of you uh and certainly to the other members for their opinions also but just as longstanding members I appreciate the um kind of the leadership that you have served at in the chair role. Yeah, I mean we've it has happened before along the way. Um I it just I yeah this board usually has because just because I think it just makes it easier in terms of five year fiveyear term fivey year and we running through John Cook didn't want at the end and yeah he wouldn't do it. I I doesn't and I wouldn't want have someone be chair that's not comfortable being chair either. Yeah. And I don't want to get into a situation
008that that uh that we have the same chair for no is a fiveyear term that we're that we're thinking we're going to have five years of the same person. I wouldn't I wouldn't do that. Two years in a row is is fine with me, but going past that would be something that I wouldn't be I I think other people need to need to serve as chairman along the way. But I agree with that. Absolutely. Any further discussion? [Music] All those in favor I opposed and unless a five for vice chair make a motion for Joe Maras. I'll second it. Any other nominations? Hearing none. All those in uh any further discussion hearing hearing none. All those in favor I opposed unanimous five forulations. What? Congratulations for the clerk town the town planner. Make a motion
009for the uh town planner to be the clerk. Second. Moved and second. Any further discussion? Hearing none. All those in favor I opposed. minus of five mapc's sap rep Joe I guess so I mean I haven't I haven't been attending as much as I was before but u I'm not sure that so moved does anybody else want to for Joe Caljone moved and second for the rep to be Joe Caljone any further discussion hearing none all those in favor I I oppose unanimous or Five fair housing committee is a tough job. It certainly is. Um I'm still waiting for the first meeting. Waiting another year, Joe. And I I I've made contact and I've um you know expressed my interest to attend the meeting. So I make a motion for Joe Mariah. Second. moved and
010seconded to have Joe as the representative for the fair housing committee. Any further discussion hearing? None. All those in favor? Opposed? Unanimous five. Now, if I may. Yes. Um perhaps I missed something, but I was not aware I was the representative to the open space. That's all right. You didn't miss any meetings. No, they don't meet either. No, they did. Wow. five, six, maybe seven years ago. I I was I was the I was the member a number of years ago. A lot of this was part of again the last comprehensive plan. We've done most of the work in terms of uh trans uh of taking the parcels and putting them in uh conservation commission control. Uh there really wasn't a lot of other push on other items, so they've sort of drifted away. But
011we still procedurally still need to name somebody although the chances of there being a meeting are probably slim. I'd be happy to continue and perhaps I could try to you know bring them back to life a bit. Good. I just I didn't realize that. Is there a motion? I'll make a motion that Martha White serve on the open space advisory committee. I'll second that. Moved and second. Any further discussion? Hearing none. All those in favor? Opposed? Unanimous of five. public art policy. Do they meet? They don't like me. Oh jeez. Uh would you like to? Yeah, I'll stay there. You want to continue their irritant? I'll make a motion then that Dave Manini serves for on the public art policy task force. Second. Any further discussion? Hearing none. All those in favor? opposed unanimous five.
012Okay. We authorized the clerk and the town planner to sign correspondence on behalf of the chairman and to sign the to sign the plan of board meetings postings for with the town clerk. Motion second moved and second. Any further discussion hearing? None. All those in favor? I opposed. And so five, reauthorize the town planner to sign the planning board payroll to call the public meetings and set the public hear uh planning board meetings and to set the public hearings and to set the planning board agenda. Motion second discussion. Yes. Yeah. on that the last two items B and C. Um again just looking at what uh we do school committee and school committee more the you know the chair works with the superintendent on you know calling the meetings and and setting agendas. So I
013I just want to kind of make that point. This is something that I feel like kind of still just keeps the power within the board a little bit or not power but as far as involvement I should say. So I don't want to say power but involvement and and nothing against against Larry it's just more of how to kind of procedurally, thank you, that's a good good term, uh, working with this board and just making sure that this board's working with the town planner. So, I actually, if I may, had this exact same thought that perhaps B and C should be clarified as subject to the chair's approval or some some something to that effect. I had the exact same thought, Chris. Mhm. Well, there's some things that you get that it doesn't matter what
014any of us think, they need to be on the agenda. You get an 81P at the last minute, even after we posted the minutes, your meeting agenda, the paper copy on top is going to have to show that 81P. So, that's why it's phrased the way it is. And typically, the chairman always knows what it's going to be if it's anything unusual anyway. So that's why it was phrased the way it is. So it's kind of without saying I I think we're somewhat different than the school committee in that the chair um certainly can direct what the committee is doing or not. But procedurally for us, I mean, we only act unless this board brings it up and tells Larry to put it on the agenda. We only act on stuff that's gone in submitted
015to them and we're forced to do reviews in a certain by state mandate in a certain length of time. So it has to be on the agenda or not. We don't have a choice in any of those things. So unless we've discussed it, I don't think there's anything that's going to come on, you know, and say, "Hey, we want to do this as part of a of an upcoming meeting. Let's discuss a change in zoning or something like that I don't think there's anything on our agenda that's like school committee where it's um you know can be more directed to what um they may want to hear or not. I think ours are more uh legalistic in terms of what we have to do or not do whereas those might be like just discussion topics
016kind of thing. So yeah I mean and we if we have those discussion topics it's it's normally a discussion that we have and then we tell Larry to put it on the agenda. So I don't think Larry's going to put anything on the agenda that we haven't previously discussed or not. So I I mean I don't have an issue with this because I I I don't for those that are that are procedurally required, you know, Larry needs to I don't think any of us want to get involved in any of that because is to win when it goes to the town clerk and when it gets stamped and when we have to do that. I don't think that's something that that we want to get involved into the minutiae of that kind of thing. So
017that those point to when those have to be. And the other things in all the years that I've been in and whoever has been here, if we if we have a group discussion and we want to we want to officially put it on the agenda, we we've always done that and said that to whoever is is setting up those agendas. So I I don't have a problem with the way it's worded right now. I mean I Yeah. And I follow that logic. Yeah. I just feel like, you know, again, just trying to kind of ensure that there's a pathway between the two our board and and the town planner's office, right? You know, by by understanding what's upcoming if I was chair, right, and and and to be able to approve that um you know,
018and and understand the public hearings and and I would hope that it wouldn't slow down the process. And I guess I don't know the process, you know, well enough to to say whether it would or not. Um but again it just again it just trying to extend uh uh communication level of communication between the board and the office. The public hearings all come through us anyway. Yeah. I think it's that there's other than at these meetings there is there is little to no communication between our office and this board. And I think I I think that depending on who's chair that may be fine and other chairs may not be fine. I I know when you were chair Joe, you talked to um Larry a lot more off than my father than than the current
019chair does. Um, so I I I think that um I don't think it's being prohibited. I guess it's just how each chair has um has interacted with the town planner. Understood. I get I I see both sides. I I mean Larry's correct that most things that end up on the agenda end up there because they have to be tied legally. Um yeah, we everything. Yeah. I'm sorry. I said the the state law has time frames on every everything we get. So I I I don't feel terribly strongly about this. prefer to add um subject to chair's approval, but then have the chair and the town planner work it out between them as to how much the chair would leeway the chair would give. But but I don't have a terribly strong feeling about this. You
020know, it's not going to offend me if Chris is in my suggestions or ignored, but I'm not sure if Chris agrees with me. Actually, I do. Yes. Yeah. And I think Yeah. by amending it, you know, by saying uh or by stating that you're looking for at least a line item that says with with chair approval again to bridge that communication. And let the chair and the planner work it out. Yep. I move to amend the document to add with chair approval on items B and C under authorized town planner. And I'll second that. Any further discussion? I guess I'm just not sure how that functions or works. I mean, putting words in is all well and good. I'm just not sure. Well, Larry's pretty I mean, Larry calls me if there's a question. Larry
021as being the chair last year, Larry Larry called me when there was a question or something. Well, I I just don't want to set I just don't think it's worth the aggravation to set up a thing where somebody can look at it and say, "Oh, did you call the chair on this particular one and do this? It's just not worth the aggravation for what we do." And and when you allow that outside of this, I mean, if it's something that I felt was important or critical, I I I wouldn't say this, but I don't think it's critical enough to have somebody, for lack of a better word, in the peanut gallery that may be listening or not, that wants to put a monkey wrench into something say, "Hey, I don't I don't see where it
022says that you actually called a chair to verify this. It was it wasn't a correct meeting or not." And whether that's legally binding or not, we all know that in in this society, if somebody wants to take that to court, they probably could. Whether they could win or not, I don't care. But it's just not worth the aggravation to me. So I I guess see that argument, too, right? Yeah. It's it's it's policies, right? And it's just understanding again I I go back to school committee where we have policies and that policies lays that road map out. So this would be kind of like a a very basic policy. Well, and I and I think I you know again and and I've I did the same thing you know with when I was in all
023the times that I've been chair is that uh you know I probably am more active when I'm chair just going through things and depends on how much you want to know or not know but I don't I don't think that necessarily um enhances the meetings or doesn't in all I think each chair can do what they want and and if there were an issue that I felt you know that that that it would be you know that that we need to make sure of it, then then I would I would follow that. But I I just don't see it and I just rather not put that in there so that we set set ourselves up for something that we don't see coming down the path. So I guess in that sense I'd be I'd be
024against that change. I I' rather vote in favor for the way it is right now. Any further discussion? We got a motion on the floor and the first and second. All those in favor? I'm sorry. Is it with my amendment or no? Yes. Okay. That's what that was the motion you made. Okay. Yeah. Yeah. Are you voting? All those in favor? Are you voting on the amendment? Motion amendment. Just the amendment. Okay. Yeah. I don't know. I I see both arguments very clearly. You got to choose one. I know. I guess. All those in favor? Yes. opposed. I can't see Joe and Joe. Yeah, Babe hasn't voted yet. Yeah, I'll vote in favor. And I do want to reiterate this is no reflection on the on the town planner whatsoever. It's just a matter of
025policy. Okay, that's reorganization. That's No, we get no more. We still have to take another vote. Correct. No, that's No, that's it. Um, we didn't authorize. We didn't do the second set of authorize as a whole now as amended. Right. Right. Yeah. Right. Oh, okay. We do A is of its A stands. Yeah. Well, I think that's isn't that what you had indicated? You're only changing B and C. Correct. So, that's what we voted on. So, that's vote on the whole on the whole Yes. the this voted to Yeah, we did voted to amend it. Yeah, that was voted it with the amendment, right? Oh, okay. Okay. [Music] Back to the business. Okay. Now, we're going to no 81ps. Uh 110 is continued the site plan for 22 Fairview Road. You want to do the
026public hearing? Yes. Oh. Oh, yeah. That's right, too. I look at that agenda. I'm sorry, Larry. Attorney Gant Ellis is waiting patiently. Okay. Uh, first public hearing is uh for the zoning change on the uh flood plane regulations. Yes, please. My mic on. Milford Planning Board notice of public hearing on Tuesday, April 15, 2025, room 3 of Milford Town Hall, 52 Main Street. The Milford Planning Board will at the times designated conduct public hearings regarding the following. 7:02 p.m. Application of planning board to amend article 5 floodplane district of the zoning bylaw to comply with updated FEMA studies and mapping. 7:05 p.m. Application of Route 85 Realy Corp to amend section 2.3 use regulation schedule of the zoning bylaw relating to retail sales or service uses and self-service gasoline stations in the BP business park
027zoning district. The full application andor maps of the above items are available for public inspection at the office of planning and engineering town hall 52 Main Street Milford for Mass 01757 at the at normal business hours. Uh interested parties may express their views at the above scheduled hearings. Uh this was published in the daily news on the 1st and the 8th of this [Music] month. So public hearing number one, the application of planning board to amend article 5 uh floodplane district and zoning bylaw to comply with the updated FEMA studies and mapping. The uh article text is in your packet and I think it's going to be article 15 on the warrant. Uh again uh this is requirement to maintain the town's eligibility to uh uh permit its citizens that need to buy flood flood
028insurance to be able to do so. Uh the text this time through uh as compared to a few years ago uh includes virtually all of the language from the model flood plane regs that FEMA had uh generated. Uh we got off light the last time. Uh but this time they uh they wanted more of the definitions. Uh so they've been added. There's hardly any difference in terms of the practical effect on anybody that would be within a flood plane uh between the old regs and the new. The primary uh effect of this is that we adopt uh the updated firm the flood insurance rate map panels as listed in the second paragraph. It' be in section 5.2 district delineation. So there are several new panels that are there. There are a few of the old
029ones that are still uh on the books, so they've stayed the same. So, as I say, it's uh it's more of a housekeeping matter from the zoning standpoint, but it still requires town meeting vote. So, I'd recommend you forward a favorable report to town meeting to adopt it as printed in the warrant. [Music] Yes. Well, effectively this this change is nothing other than it updates the new mapping, right, for what's what the current maps are and makes reference to those maps. Yeah. But yeah, I have familiarity with this also and agree completely. It's just um rather routine. Yeah. Make a motion we send a favorable recommendation to town meeting. Second moved and second. We save a favorable recommendation. Any further discussion? Hearing none. All those in favor? I opposed. Unanimous of five. Public hearing number
030two. Moving right along. Public hearing number two is the application of Route 85, Realy Corp, to amend section 2.3 use regulation schedule of the zoning bylaw relating to retail sales of service uses and self-service gasoline stations in the BP business park zoning district. uh in your packet uh I had included article uh the article text which should be article 24 of the warrant that u effectuates the proposed change if it were to be adopted. Um and I put it in the form of the uh the mechanics of what it would take to amend section 2.3 use regulation schedule. So, there's a new chart that lists the two uses and indicates in the business park zoning district uh the changes that appear in the outlined uh um letters in the box uh allowing by special permit
031gasoline stations self-service uh in the BP zone and also also retail sales or service uh as as permitted uses. Uh the um footnote number 35 is added. Uh it's a new footnote uh which shows up for the self-service gas stations uh that reads only when ancillary to a retail business having a minimum of 150,000 square ft of inside retail space. So we'll turn it over to uh councelor and Ellis. Yes. Good evening. I hope everyone is well. Um, well, first of all, Joseph Anthony on behalf of Route 85 Realy Corporation, uh, Tariq Fiad, who is a representative of Route 85, is with you tonight. He has some handouts regarding some financial implications or financial status of the B of the um, improvements that have been made to the business park zone. I submitted a short
032uh, letter in support of the petition. We are obviously here tonight as part of the public hearing process which is required for any amendment of the zoning bylaw and we're hoping that we could uh provide enough information that the board will feel comfortable with this proposal and offer a a positive recommendation at the town meeting in May. Um the article is developed as a result of multiple years of studying the um development possibilities of the business park zone in the town of Milford. My client owns a significant portion of the land that is zoned for business park uses. And um as this board knows from our past presentation um to the board regarding a development in the business park zone, there are very limited uses that people have approached our client to uh consider building.
033Um over the last 3 years and primarily over the last 18 months, most of the interest in this property has come from major retailers. And um I think it's obvious why a major retailer would be interested in the land that's in the business park zone. And again, this is for the entire zone. It is not just for the uh land that is owned by my client. There are multiple uh land owners that would be involved in this. We are seeking not to take anything away from the from the other land owners, but rather to add a use, which would be large-scale retail. And that use would be subject to site plan review as are most of the uses that are allowed not only in the business park zone but in the industrial B zone as
034well which happens to have a significant amount of commercial development in it. Uh, I think that all of you who are familiar with the town of Milford and the evolution of its zoning know that the business park zone was a um planned uh zoning change that would have allowed for multiple development in the Route 16 109 495 area. And at the time, one of those potential uses may have been the casino. We know that the town did not uh meet the cut on that or make the cut on that relative to the number of casinos that were allowed in the Commonwealth of Massachusetts. And over the last 15 years, uh my client and others have seen a dramatic change in the uh request for office space, research and development space, and for other types of
035uses that would more associated with business parks in general. Um, I think it's pretty obvious to everyone at this point that no one's rushing out building new five or sixstory office buildings and the research and development facilities have not been uh no one's rushing to do those right now either. I think that there's a lot of reasons for that. Some of which are pandemic related, others of which simply a change in the economy. So again, for the purpose of helping to utilize the open the land that's zoned for business park in Milford. Again, significant amounts of this land around the 495 uh exits. There is a parcel of land that is at the uh bottom of Central Street. Uh that was the former Archer rubber complex that was also reszoned as business park. And again,
036what this would do would be allow for a combination of business uses or office uses, research and development facilities, but also to add a retail component. The gasoline station that we've added in was done primarily because most of the major retailers that are building large box stores and I think this board is familiar with them. All you have to do is drive to Franklin and you see that the BJ's warehouse facility has a gas station attendant there too. Most Costco stores have a gas station attendant there too. Walmarts are looking into building gas stations along with their uh giant superstores. And so we did, what we didn't want to do was get in a position where we might be able to attract a major retailer and then not be able to move forward because gasoline
037was now a part of their um their operations. So we set it up this way because again I didn't think that the board or the town wanted into, you know, just to have gas stations built uh in this area. I think again the land is better used for uh reasons that will produce rather uh significant tax revenue. Um Tariq has a handout um that will show you that throughout the business park zone, 75% of the tax revenue that is generated in the business park zone comes not from business park uses, but rather from residential valuations that were created primarily through the 40Bs that were approved by the town under the state regulations for affordable housing. So you have this significant area of land that was earmarked and designed for industrial and well commercial purposes let's
038say and in fact the primary uses that now take place in those areas are residential. Uh we thought that the addition of the retail to the uh uses that allowed would help to this this board give this board additional opportunities to approve developments in the area that might be more compatible with some of the other uses that are otherwise allowed in the area. Again went through a very significant hearing with my client relative to a use that perhaps was not all well received by the residents in the 495 area. What we again believe is that the best way to develop the remaining land in business park is to at least afford the land owners there the opportunity of attracting retail that possible. So um again I'm here to answer any questions. I've just tried to
039give you an idea of the thought process as I said in my letter. Um I was in you know I was as you all know I've been involved in permitting in Milford for my entire career and um so I have been involved with permitting developments in the business park zone. I think that one of the major developments that took place there, I think in fact, was Restaurant Depot, which required a a short amendment to the zoning bylaw because um again, it allows for uh consumers to to come to the facility, not necessarily just wholesalers, not just restaurants, but consumers can go in there and purchase. So, the board made that amendment appropriately so. Um, but I think what what we needed to do was to be able to have a situation where a land owner
040could rely on the zoning bylaw, advertise this property for development and include within those possible uses, especially today when there is not a demand for office space and not a demand for research and development facilities. an opportunity to allow a retailer to come in and to enjoy the benefit of having two exits on 495, which as we all know as Milford Milford people who have been involved in Milford um and former Milford residents have helped to spur the economy in this town and to provide a tax base that allows the town to service its citizens in an appropriate manner. I think again what we're trying to do is to find a way to increase the tax base and also to facilitate development for the land owners in that area. With that, I'll stop talking and
041answer any questions the board may have. And again, I want to also thank Larry for helping with the format u because it's tough to to to format the way your zoning bylaw is is is uh set up. And I also want to thank Liz for um creating the Zoom link for tonight tonight's meeting. So, with that, I'll stop talking again. Tariq has a handout that will show you um how we've broken down the research we've done relative to the properties and what they're devel what they're generating in tax and and now I need it. I really will stop talking. So, okay. Any comments from the board? Yes. Um I had been had had some concerns about the proposal for um more retail because noticing how much retail is going out of business these days and
042I actually did a fair amount of research on it um you know a little bit of research on it and um we have lost several um somewhat major retailers here in town. So, I looked at um and I I want to thank the assessor and the building commissioner for their help on that and identifying all of them, the list of which I neglected to bring with me, but there are probably six or more here in Milford that are that are either lost or about to close. Um I did some research on nationwide trends and apparently um I was glad to hear Mr. and say that it was um a major entity looking at the site that had approached his um client because it did the um research that I conducted did say that there are
043a number of major retailers I hope this is one of them that are actually strengthening in in this um online shopping world that are you know still surviving and thriving. So, um, and there were other things within the research I conducted that, um, caused me to not have the concerns that I started with. So, I just wanted to explain that because I thought that I'm I'm sure I'm sure I cannot be the only one who's noticing how many retailers are closing here in Milford and in the region. Um and I was I feel that I again I probably was not the only one who had that concern but um based upon my research I'm um the concern is much relieved alieved alleviated. Thank you. Anything else? Yeah, I guess you know I'm not really comfortable
044for retail in that location. I don't know that that's a proper location. It's a way from $4.95, especially as we're talking about big box stores and that type of draw and stuff. I'm not sure that that's where I would want to put it. That was never the intent of those business park zones. And I think to add that in now, it's not where I I mean, I understand that that they were not uh right now that people aren't building research and development and aren't building offices. that doesn't mean that that isn't going to happen tomorrow. And I don't know that this I mean this is a this is a decision you get to make once and and I guess I'm not willing to give up on on that because right now that isn't the thing
045to do. That was never the intent of what we wanted along that carter and I'm not willing at this point to to pull away from that it you know that this this quickly let's say Joe to that you know obviously amending it from kind of what is currently allowed at the business park to to allow for in a sense a box store. Are you more concerned with traffic implications or just in the general scope of projects? Well, I mean certainly an office park can be as big as what the big box store can be. However, I think the traffic patterns would be very difficult at that point. if you go to a retail type thing that may exacerbate the the conditions that are down there. It's not, you know, it's a ways to get the
046495 through intersections that that are already crowded and and I'm not sure that having 7 days a week type usages is the the best outcome for the town of Milford, let's say. and and and to make that judgment on, you know, one hour tonight. I mean, I think this is something that this town needs, if we're going to do this, I don't think this needs this this is something that we need to do. I need to do a lot more thinking. I think other people should be doing some thinking, too, as opposed to just making this decision, let's put it that way. So, that that's sort of sort of how I feel about it at this point. Um, but yeah, traffic is certainly one of the one of the major ones. I mean, if there
047was an immediate, you know, there was an immediate entrance to 495 there as opposed to going through multiple intersections, my feeling might be somewhat different. Although I still truly believe that this is something that uh we need to make sure is right because once we change it as we as we found out at you know as we found out at Restaurant Depot that actually is probably not something that I'm totally pleased about as it turned out and how that whole business pack turned out down there is not something that that I'm totally pleased about. Um so to make this change and to make it in a 1-hour meeting is not something that I'm not comfortable doing. Yeah. Yeah, I think to that point, I'm more in favor of the of the two locations off of
048the 495. I'm a little bit concerned with the one more in the than the general downtown area uh the the in the sense the Archer Rubber site, the former Archer Rubber site where not that I would expect a larger box store to to go there, but if you open up that Pandora's box and allow it in that spot might be red herring. Anyways, I the amount of developable land in that BP zone is is significantly constrained by the Charles River as is. So, I'm not sure what Yeah, that again that one I'm I'm far less concerned. Um I do look at those other two, you know, you know, they are areas that yeah, they're they're away from the general population and from in in downtown Milford where they're not going to affect traffic as much.
049Certainly it will have an effect on traffic in and around the uh the interchange those two of those interchanges um which you know time to time are have heavier traffic and other times they're they're not bad right so um you know I also look at it you know they we're we're more and more landlocked in this town um our our expenses continue to go up but and and how are we able to generate more revenue Um, and I look at some of these locations as, you know, as revenue generators, right? So, I would be in favor from that standpoint of just saying, hey, you know, looking at the school budget and how much that needs to go up and then the town budget in general, too. Um, how how what other avenues, sources of revenue
050generating do we have? And if this land is available for development, is that something that we as a board look at from a from a tax revenue standpoint? I I um you know, I had some some concerns about the uh the wholesaling down on 16, but actually when I look at this proposal, I I'm actually uh I actually like it. I think I think as Martha said with all the uh you know the the businesses leaving uh all these stores this kind of stuff is what's going to be around and the the revenue that's going to generate. I mean I was down in Franklin and I I went to get some gas at uh BJ's and I say 50% you know 50 cents a gallon. I think that's fantastic. I think that's phenomenal. And uh
051I you know right now I I'm in favor of this. I was concerned again with the traffic the traffic problem again and I thought about it and if we go to a business uh an office or something there won't be a a tremendous amount of traffic through the day but it's starting in uh starting point in the finishing leaving is going to be tremendous then I thought about Franklin, a big box store like that. And no matter when you go there, the traffic is there's not that much traffic cuz you got two traffic lights you have to go to to get out. And I thought about it. I says, I'm never there more than 30 35 seconds either light. So the there's a lot of people, but the the time wise is separated so much
052by uh all that. I uh I think I got I don't have a problem with the traffic. I I think it'd be better there than and less traffic problem than having a research or development or a uh office space. Um, so if if I may, in which case the traffic is very concentrated at particular hours in those examples. And again, this the businesses that are going out are in small spaces. Uh, Joan Fabrics. Mhm. It's not a huge uh thing. Big box store is not going to go in, right, to something like that. I mean, even if they took over the whole Petco, right? So, uh I think again with the the 150,000 square foot that's kind of the sets sets it so you're going to have something that's decent money saving tax tax paying.
053I think it's going to be the least of uh the least of all of it. Uh I guess yeah, one other thing to add to is just uh I don't want to lose sight of the request for uh sorry for the gas stations. Can you speak a little bit more to to that subject matter of why the gas stations? These are Fortune 20 companies and they operate with fuel. Um they're ancillary to to those things. Um, I don't know if Joe has a better comment to that. It's just I do again th this is an ancillary use and it would be in essence an ancillary use to a large clock store. And again, I I use the um the BJ's model as as the uh as the best example of it. I you know I
054I frequent a Costco here where I live and they have the same setup. I don't I I've not been to the Costos in Massachusetts, but I'm I'm told they do. And I I know that I think that there are even a couple of BJs that have offsite gasoline uh because they couldn't fit them where they were in other other places. But again, it's designed to to attract that type of user so that someone who's looking at potential development knows what they can do. Again, our research, our um multiple years in attempting to attract tenants to this property have led led the applicant, the petitioner to file this request. I think that um Mr. Caljone, as always, makes excellent comments. He's a very astute when it comes to um his his knowledge of planning and traffic,
055etc., and I respect him on that. The only thing I'd like to say specifically to to Joe's remarks are is that we're not excluding any of the existing uses. And in fact, if we could go find some of those those users, we'd be building their buildings for them now. And and we will continue to look for those types of users. But frankly, there's no one knocking the doors down for that type of use right now. And um based on the market analysis and the experts that we consulted with, we don't foresee that coming within the next 5 to seven years. Um it we believe it's going to take that long before there's a a revival of that type of need in the general area here. Um, I don't know that any land owner in Milford
056can wait and I'm not sure that the town wants to continue to try and meet its budgetary requirements without the development of some additional tax base in the town. And again, bringing out the 40bs, I'm not picking on them. I I recognize the statute and and the limitations that the boards have in re in approving those. But the reality is, as you know, not only do they take up commercial land, they reduce the tax revenue because they're applied by residential rates, not commercial. And so you get a double bang because you have the dual tax rate in Milford. Um so it's I don't know eight or $9 a,000 uh difference I think. Um or whatever it is. I have it written down. Um the the uh that's 23 yes almost doubles 1280 for residential 2325
057per thousand for commercial. So you in essence the 40bs are stealing not only the land that otherwise could be developed for these purposes but they're they're they're they're diminishing your taxes. I'm not even going to talk about whether they're adding children to the schools because I I don't like to talk about negative things regretting children. Um they cost money. That's that's part of us. That's that that's that's how we continue to exist. Um but but again, I think that from the standpoint of your concerns, and I will also point out that the bylaw requires site plan review. So the board will not be left on the sidelines. The board will be actively involved in imposing the appropriate conditions to deal with traffic and safety just as you would if it was a different type of
058use. you'll have the opportunity to have traffic studies to impose uh certain uh requirements within reason. I think you'll find that any residential, excuse me, you'll find that any um big retail developer knows they have to pay to make their project work. And so again, I don't think it's um a situation where the board would be left, so to speak, on the wayside. Uh I I I think you will be actively involved. Um you know perhaps you know again perhaps we should have started talking about this a year ago. Um but um we had other plans. We've again had significant investment with outside brokers national and international looking for people to come in and build some type of uh com, you know, very sophisticated office park, biotech research, that type of thing. No users. The
059only other user that's out there right now is data storage, and I don't think that's allowed in the zone either. And it requires incredible amounts of electricity. uh a benign user in the sense that there's not a lot of traffic in data storage but a significant user as it relates to power audit power that it needs um and the security around it. So again, I think that from a standpoint of today's world as we're trying to uh increase the tax base in Milford and yes, develop my client's property. That's obviously part of the of the situation. But I I think that, you know, again, this is this is an opportunity to at least expand development possibilities to expand the the the tax base. Thank you. Uh this is being a public hearing. Uh, anyone have
060any? Yes, the town engineer would like to speak. He's he if there is a member of the public that would speak, I certainly would. Thank you. I wasn't trying to um I just wanted to say that I the BP zone is in and really uh is very limited in what it allows. um not so much for um the Route 16 property, but um the Archer Rubber portion, not just Archer Rubber, but down into I I only know it as Hillview, but whatever. Um off of Depot Street. Um, we've had multiple people come to the office looking to find out what they could put there and more or less my answer is not much. You can put an office like it's really an office building or research and development but those are it's it's very limited.
061So, I think to Joe's point, um I don't know that it I don't know that you should or need to act on this particular proposal, but I think the board should definitely consider amending it to amending the um you allowed uses in the BP zone to include something that you do feel is um appropriate and and goes a little bit beyond what it currently has. [Music] Yeah. Yeah. That I'm not saying yes or no. Again, my my whole point was not saying yes or no to this definitively. Unfortunately, you have to. And at this point to me it's very difficult to say yes because I you know as as attorney Antel has pointed out while we don't allow data storage. Well I want to do this I want to do this white maybe we should
062and and to make all of these it is yeah it's permitted. It is again that was that was an example not an endall. It's it's a is is this the right thing to do and to make that decision at a 1-hour meeting as opposed to going through some level of study on this thing to me is very difficult to do. And I I'm not willing to make that jump based on that. I'm not saying it's the wrong thing. I'm just saying that that it came to us and and the proponent has every right to do that. But as a member of this board, I also have every right to say that, you know, I don't think that we as a town have done enough study to say that this is the right thing for the
063town. It may be the right thing for the proponent, but I'm not and I'm not saying it's the wrong thing for the town either. I'm just saying I can't I can't I can't convince myself that I know for sure it is. And and for me to vote that I'm going to send a favor recommendation is is a leap that I just, you know, I can't make that [Music] quickly. Any other discussions? Anyone else? It's the pleasure of the board. Could I just Certainly. Um Joe has made me think of a couple things. I want wonder if um because what you've said has merit because the areas are so different. You know, you've got the site that Mr. Anton um is speaking of, but again, the area on um Depot Street and Central in that area
064is so vastly different. no highway access, small sites. Um, I don't know how to follow that up, but I just believe that what Mr. Caljon has just said has a lot of merit. Would it be something that um a couple of us could study before the next meeting and come back with suggestions, do you think, Joe? I think I think that in getting into the changes that would be required especially as they relate to the actual actual rubber site for any for no better purpose um would take much more than that to do it and to do it correctly that you know that could change to BP that may not have been totally the right thing to do on that you know there's a whole bunch of stuff that now lumps in when we want
065to make a global change to to business pack zoning and what's allowed in that and to me that you know that's something that maybe this board should be looking at but to but to put a a date on it for this board to say we have to make a recommendation before town meeting I think is putting way too much pressure on staff and this board to get the correct answer that's my feeling and it's not on this upcoming town meeting yes it is that's where the article 15 oh never mind so that's so I think the to and and again just you know for for clarification standpoint it it is a recommendation by the board that they're required under the statute to submit. Okay. And it is simply a uh a statement read into the
066record at the planning board. Other boards may or may not comment on the application. Um we intend to um present something to the finance committee at some point. um they usually review every article. I know that from my past experience the finance committee in Milford does not necessarily opine on zoning articles but again as uh we believe this is a revenue driven pro provision uh they may have interest in it. Um, I would only offer the following comment and I I don't mean to digress, but I spent a lot of time studying the Archer Rubber property on behalf of uh different clients and one of the one of the suggestions that I had at the time and Larry will remember speaking with me about it was that it be a mixeduse zone and that perhaps
067what you would have it would be a small office building and a small retail shop next to it that that that these things would be compatible at the bottom of Central Street because you look at Central Street and see what exists on Central Street and bring it down to a new spot there. It's a very difficult site. So again, I you know, and I I would not envision this does not say large retail development. It says retail. So you're not limiting it to large ones. Obviously, you're not I wouldn't think you get 150,000t building there. I don't think there's that much developable land. So again, I I think I understand the board's concerns about that, but again again, we're not we're not eviscerating the existing bylaw. We're simply adding a provision that like the other
068uses is still subject to site plan review by this board. So um again, I I'm very I feel very strongly about this particular situation. Uh, I've I you know, again, I'm I've spent my life as a land use lawyer and I've wondered for a long time why there hasn't been more development in that zone in the town of Milford as I look at the other towns that have access to 495. And um my conclusion is based on my conversations with my client is no one's beating the doors down to do anything else other than to build retail right now. I I just think that there's it's certainly advantageous for um the proponent to get this done now and instead of in October and I don't see that same advantage for the town. Um the six
069the six months isn't going to make or break our tax revenue. Um, and it'll give us 6 months to um to look at whether or not this is the right um the right thing to add to the uh add to the um BP zone or to possibly look at changing something from P BP zone to something else. So that that would be my two cents. thing is we're not changing it. I know you're just making a recommendation, but we're not we're we're not the authority to change the zoning law, but we carry a lot of weight. Yes, we do. I'm just I'm not saying we don't. I'm just saying I just didn't want anybody to think that we're But we It's our final, right? Is there anybody else logging on? No, because it would have
070popped up and said that's what I can't see. Okay. Any other discussion? Pleasure of the board. Then I'll make a favorable recommendation. Close the public hearing. Yeah. And close a public hearing. I'll make a motion to close a public hearing and uh make a favorable recommendation uh to amend the zoning bylaw related to um se or section 2.3. Sorry, I'm going to start this again. So make a motion for fable recommendation for amending section 2.3 use regulation schedule of the zoning bylaw related to retail sales or service uses and self-service gas gasoline stations in the BP business park zoning district. I'll second that. Been moved and seconded. Any further discussion? Hearing none. All those in favor? I I opposed. I was going to go with the eyes. With the eyes. Joe Kelloney is the only
071nay. Four in favor, one opposed. Thank the board. Appreciate the board's uh time and and giving us the opportunity to make this presentation. Um we really do appreciate it. And if anybody has any specific questions, we're more than happy to answer them. Thank you. Thank you. Thank you very much. Uh if I may, I just in in on that topic, I do think we should look at the zoning at the Archer Rubber area that BP really doesn't seem to make sense there. It in I've understood the district requirements better. Uh do we do we close with public hearing on the zoning on the flood plan and we just approved it? Huh? I think the motion was not. Okay. Yeah, I think I just I don't remember. Good question. I just saw I just sort of
072assumed we did, but I did recall. If not, okay. Well, if not if if not, we can certainly do it now. Just do it again just in case. Make a motion to uh close public hearing one on the uh flood plane article 5 uh flood flood plane district zoning bylaw. Second. Move second to close the public hearing. Any further discussion? Hearing none. All those in favor? I oppose. Unanimous of five. Good catch, babe. Just when I just in case I said to close this one, I said. Okay. Next is uh Mike. Now, I'm going to call you for the the right time. Now like [Music] yes please five site plan review road to request site plan approval to establish an accessory dwelling unit on the subject property copy of the recently adopted ADU requirements for
073inter packet. Uh specifically the proposal is to construct a 25 by 36 uh desttory structure on the property to the rear west of the existing single family dwelling. Both structures to contain a 900 ft second floor AB living area above a first floor twocar garage. Four plans are included in the packet as well as a site plan. Proposed structure complies with all existing setback requirements. The athlete proposes the use of the original private way they have as a means of access although I believe that they have evolved since the original proposal. Uh so I recommend approval of the site plan subject to relevancy comments and Mike will clarify the access situation [Music] before he clarifies the access um part. I believe the discussion was about the use of the um about needing a 80 not
07481x uh 81. Thank you. 81 in the report. So he's going to he's going to amend what the application is right now. Okay. But I had a discussion with him prior to this meeting and I believe that the 81L is not necessary and if it's not necessary then he doesn't need to amend his Again that's in direct contradiction to what I discussed with town council which is why I recommended that he do it. I understand that and this board gets to make the decision as to whether or not they approve it as is under what you and town council agreed upon or whether they believe that I am correct. Well, I'm a very good town. So, so they could rely on the 81L provision that was a little inappropriate is to improve frontage. Improve existing
075frontage. I just met with the selectman yesterday about the same basically a similar provision. So in order to if you have a paper road which is he's So if you look at the plan there's this lot fronts on two roads. Um he has legal frontage on which road? Well 22 Fair View Road where the current house sits now. So he has legal frontage on 22 Fair View Road and then the back of the lot backs up to Highland A which is not improved. It's a paper road. What's a paper road? A paper road is a is a right of way. Okay. So it's land that's set aside as a as a rightway. It's a Yeah, it's it's Lance. That's not um Is it Is it maintained or not maintained by the highway department? It is
076not. Okay. So, that clarifies that's perfect. Okay. Okay. So, um when you So, one the one of the ones that the this board has that I presented to this board was Paty's Lane, which um we did through an 81L. And that was because Paty's Lane uh was they were looking to um actually want to close get a building permit on two lots that didn't have improved frontage. Improved means safe and adequate access basically. And a statute 81L says that the planning board is the body that determines whether safe and adequate access is available to a lot. And then if they once you agree that it is, the building commissioner can issue a building permit for that lot. until you say that it's until you do that under the 81L, he can't um they cannot issue
077a building permit. Obviously, there's already a house on here and this frontage that is on Fair View makes this a buildable lot. So regardless of where he's accessing this lot or in this case what the address is of the proposed ADU, it's a buildable lot and he can be issued a and the the building commissioner can issue a building permit without any improvement to Highland A. Yeah. Yeah. Okay. So I don't believe that any um modification is necessary to his current plan. And just to clear the 81L would that require modifications or improvements to Highland F? Yes. Okay. Thank you. Okay. I'm done. Go ahead, Mike. So, basically that I mean I think Liz pointed it out pretty well. So, I actually talked to I did speak with Larry about this. Um I've been gone
078for about a I've been gone for a couple weeks. So, I did come back. I did talk to the building commissioner um the other day when I got Larry's um packet and everything. And when John looked at it, he said, "I don't understand why you're doing an 81L. You're not building off of another street. you're building off the back side of 22 Fair View Road. He goes, "All the ADU law requires in Massachusetts, the new ADU law, is you need one parking space, which you have at 22 Fair View Road, and you can access that property through 22 Fair View Road. How you access that off the paper road," he said, really has nothing to do with us. I mean, that's a paper road. It's a private road, and we currently access the property off
079that road now. So, um, that's why I wanted access, but I mean, obviously, I don't want to go through all the stuff of doing an 81L on that thing when I don't really need to when it's not a I'm not separating the lot to build a a single individual home. I'm just basically putting an ADU in there on the back side of the lot. It just so happens that that that paper road is on the back side of my lot, which I access through right currently. Yeah. [Music] Uh just one other thing. Um I did talk to both the sewer and water departments. They both felt um and it's already shown as such on this. They both felt that in the cases where it's a uh where the ADU is a separate structure. They felt
080very strongly that it should be separate utilities. Um the water department is in the process of uh amending their regulations to clarify um the ADUs. Um and then sewer when it's not in when it's not a separate structure, they were a little um a little more willing to look at it from a case-byase basis. So, I just wanted to let I said I would follow up on that with the for the board and I did. I guess I just This is more of a question in terms of the ADU uh requirement. Um you know, I understand it's a garage underneath, but in in terms of effectively the ADU was 900 and whatever square feet, this is 1,800 square feet that we're putting in depending on what usage is. Is that I mean effectively if you
081put in 900 f feet you can build whatever you want as long as you got 900 square f feet and and call that an ADU. Well the ADU can't exceed 900. It it exempts the garage and the garage doesn't count toward ADU. So so if it's if it's a garage structure it does not count the way the use of that part of the structure. So if this were a twotory complete ADU, it would be half the criteria. But that would make sense. So yeah, they clarified that when they did the um the regulations, the I get the first the law that they passed didn't clarify it, but it was clarified in the regulations. Yes. The immediate aspect of this was compliant from the get-go. I wouldn't think it would need an 81L because he has
082he has by right the ability to build this how he how he accesses it. Dutch I mean I don't think it really matters which is another probably thing that's wrong with with this with the regulation but I mean he has by right he could build the thing showing access wherever or not so we just need the site plan updated to clarify so it's not showing stuff but he can do that y Any discussion just quick? Um, yes. A little out of the purview of this, but have you worked with a neighbor on uh on Highland AV? Yeah, I've already They're aware of utilizing this this property or that that paper road, I should say. Sorry. I've already talked to the gentleman over there. Okay. And then there there is showing um a small shed and
083I don't know if that small shed is where it needs to be or it's so it's in the middle. It's not going to affect Yeah. No, it's not going to affect me. It is in the middle of the rightway, but it's been there for, you know, before he bought the house. Okay. You know, I just noticed it here and I wasn't Yeah. It's not It's not in my way of accessing my piece of propert. And then obviously, yeah, you had uh water and sewer uh power coming in. Yes. Water sore and power coming in power underground. Underground. It's going to Yeah, there was going to be a pole. The We're going to come off the pole that's on Carol Street right now. Go underground to the property. Okay. It's a pleasure to move. [Music] Make
084a motion we approve the amendments to approve the site plan subject to uh the updates as discussed. I'll second moved and seconded. Any further discussion? If not, all those in favor of approving this site plan. I I opposed and miss five. Thank you very much. Good luck. Thank you. 181 Congress Street. You've been waiting patiently. Thank you for your patience. Item [Music] six approval here on subject property. Again, copy of the standards are attached in the packet. to construct a 25 to 36 detached twotory structure on the property to the southeast of the existing single family dwelling. Proposed structures to contain a 900 ft second floor living area first floor two garage sound similar to last floor plan structure compliance with all existing setbacks. Uh it should be noted that the applicant had uh has
085provided a swarm release for the Missurian and special permit that was recently granted by the ZBA. Um he went through that process because the conditions of the prior decision would actually prohibit this proposal. Uh so town council felt that if he relinquished his rights uh that would free him up to make this application without those limitations. uh especially because recent legislative enactments uh in relation to ADUs have also expected uh issues of various nonconformities uh that had name special permit in the first place no longer necessary swore release is on file legal department so [Music] hello this is good evening Roman carries without Omega Engineering. U as the town planner said is very similar to the previous plan. U 25 by 36 building garage under 900 unit above. We're also adding some drainage around the
086building to improve the side drainage and the total in previous coverage is actually is going to be less than the existing because we building on top of existing paved area and we're removing some of the pavement and converting that to grass. So it should be a straightforward the building meet all the setbacks requirement. Thank you. So I um I did go through a um relatively back and forth couple of site visits when for the previous um proposal when he was trying to get the special permit and that's the the drainage was of particular concern. Um, and so I just wanted he's maintaining the same drainage that um I approved when it was uh in front of the ZBA. So um that I wanted to say and um did what are you showing for utilities for
087water and sewer? I just applied for the utilities the I went to the water department and I applied for a permit. I submitted an application basically. Yes. So a separate separate water and separate from the street. Uh that they weren't sure it's going to be from the street or from the property itself, but it's going to be on a separate meters. So my the direction I got from Oh yeah. So uh proposed structure will require a dedicated water service line which is not shown on the plot plan. Thank you. I'm sure this sewer letters there too, right? No. So the sewer department also wants it to go to the street. Yeah. That would make sense. No, I'm that's that was the point of my conversation and I they actually had that we drafted that letter
088after I met with them. That only makes sense. No, it just it makes it very clear that dedicated water line. So, yeah, we appreciate the clarity. Yes. Um I try I I did some like five minutes worth of research on the Worester Registry of Deeds website. I was trying to find information about the easement, the access easement, and I I wasn't able to find it. Um I found a national grid ement. Um, but I just wanted to make sure that that accessment doesn't have any restrictions on it like we'll only be allowed to serve one dwelling unit or anything any kind of restrictions just access and utilities just right away. Okay, Liz, can you just briefly because Yeah, go ahead. I was going to say can you briefly speak to I know when it went
089to the ZBA there was some concerns with drainage and runoff I think maybe going to backyards. what what was the issue and what was approved? Um so the the the issue here is that um the the impervious coverage on this lot is probably the highest in almost anywhere I could find in town. Um Um and we got it the way it is. And I think Right. Which Right. And I think that's in part because it doesn't have any frontage. Um so it the configuration it it's um you don't have the same setbacks. You don't have um whatever. So, and plus there's a lot built here between, you know, the driveway is large, the house is large, the pool. Um, so it and patio and so that was so the concern was I I don't know
090how much of a issue there is at this point in time with runoff going over to the um southerntherly neighbor I guess but the entire property does pitch that way. Um so I was concerned with further increasing um impervious area heading in that direction. Um and they, you know, I guess a standard um standard that currently the standard that currently exists that will be changing soon. um is that if you're adding impervious to additional impervious to an existing um piece of land that you need to at least mitigate the added um impervious it doesn't really say currently that you have to do anything about all the rest of it drywall or something for for coming down that's basically what they've proposed for the garage. Mhm. Um I certainly would like to have seen that on
091the house itself, the existing house. Um but Okay. So we're proposing that and we're also reducing the amount of impreous service by like about 43 square ft. So we are cutting some pavement also. Okay. Yeah. As far as moving it forward. Yeah. Yeah. Yes. I that uh Larry this restriction for residential vehicle parking only inside the garage and that's I don't think that's something we can do. Well, the only reason I mentioned that is because you have a garage door that's a large uh truck 10T 12T garage door that's supposed to be a residential garage. So, the the the reason for that, we mentioned at the ZB that we're planning to put a boat in there. So, we needed the high ceiling and we mentioned that in our last meeting with the ZB. Um it
092may be worthwhile um checking with town council I guess on that right of way because actually typically a right of way does not mean that you can put utilities in it. So um national grid I believe is excuse me as a right of way also or or is it part of that right of way? No, I actually I recently I recently brought in a gas line into the property. So, I was able to get the the property had no natural gas and then I get that done last year by Eversource. Yeah. Just because you got it done doesn't mean that you should have been able to check on things like utilities. I understand. I understand. Yeah. But it's where the new utilities come in based on the right of way. My point is that I
093I guess to Martha's point, we should really have some [Music] um some certainty that there's not other restrictions that we're not aware of cuz it's it's not clear from what I'm looking at on the plan that you're even allowed to have the utilities. Yes, I get they're there, but that doesn't mean that you can just add new ones. And just because you did doesn't mean you can. You can. So, I think it makes sense to to get some verification on that. Also, I'd like to mention something that the electric pole itself, it's on my property, so it's not on the easement. the water um service line. When I spoke to the water department, they weren't sure if they're going to extend it from my property since I have a long driveway. So, they can bring
094it uh extended from the property itself and put the meter um right in the ADU. So, it wouldn't it's not necessarily to come from the street to the house. Well, that's not what their letter says. The letter sounds like Well, I went I went after. So, once I saw that letter, I went there and then uh I spoke to them and then I fill out an application for it. Makes no sense. It makes no sense not to go to the street to be totally honest if that's what they want. I mean coming off of the off of the existing one gets them nowhere. I mean the whole issue was it's not just the meter. It's also the total flow and stuff. So you're limited by what you're coming off of the main with you now
095have two you now effectively have two units coming off of the same whatever they used inch and a half copper or whatever the hell's out there now. So I you know I think that there's there's two issues besides the fact that there's a separate meter which can easily be done off of off of the existing line. There's also a flow that they may want to make sure is carried. So I would think that they want two separate lines but that's not our decision per se but the site I mean again we don't have we need to know what the site plan looks like. Yeah we need to have a correct site plan to do this. Yeah. Well, I guess to your point, you know, back to the letter, it says that it requires a dedicated
096water service line. So, you're just saying dedicated off of Congress Street or off of under I would assume that's off of Congress Street, not off of the one that's there, but I mean, you could read it both ways. You know, I guess we need to make sure what their letter says. Again, I don't I don't know that this needs to stop the process. You know, we can approve the the uh site plan subject to the uh submitt of uh the water and sewer lines being shown as directed by those two utilities and also the submitt of the right of way uh to staff so that they can read it and make sure that the uh the placement of those utilities is uh is as per the what's allowed in the in the right of way.
097Sure. Sure. We're okay with that. I guess I'll make that a motion so you know we just went through the whole thing be able to say it again. But I'll second that. [Music] You going to make it with that restriction of the residential vehicle parking uh the size of the garage door? Yeah. No. Yeah, I'm with No, I'm I'm doing it based on what I had. I don't I don't know that that's I believe Yeah. I don't know I don't know that we have the the right to do that or not. So in you know if they're running a business out of it then we need to we need to send somebody after them to to stop it but not our problem is with any of these and people tend not to recognize this is
098you could sell this next year too and the next guy sees a 10ft door and puts a and thinks oh I can put a business in there. So that's that's the that's the problem with any of that. So I'm not necessarily referring to you. We're saying you would do it, but we need to worry about what happens downstream. After all, apparently I made I made the the motion. Joe made second. Joe and Joe, you got all the uh the approvals. Okay. Uh moved and second. Any further discussion? All those in favor of making the motion with Joe's amendments. I I unanimous or five. Thank you. Thank you very much. I appreciate everybody for waiting. So good luck. Thank you. Anything else, Larry? Make a motion. Move to adjourn. Moved it. Moved and seconded. We any
099discussion hearing? None. All those in favor? unanimous of five. Thank you and good night.