Planning Board Meeting - August 31, 2026

Okay, it is 7 o'clock. Um, and I want to call the meeting, this evening's meeting of August 31st to order. Um, the planning board voted to meet virtually in accordance with the governor's um extension of um meeting virtually to 6:30 27 and this meeting is being um taped. Roll call. Kevin Estes.

Yes.

Nicholas I Oh, Nicholas, I'm not gonna get your name right tonight.

Yes. [snorts] Helio Rosa.

Yes.

Margaret Sweet.

Yes.

Laurianne Miller. Yes. We have a full board this evening.

Okay. First thing on the agenda is a public hearing. So, I need a motion to go into a public hearing for special permit PSP-25-2, 813 State Road, assesses map 163, lot 63.

Motion moved.

Second.

Motion was made by Margaret and seconded by Kevin.

Um, I'm doing the roll call on when people take votes. I'm doing it alphabetically rather than who made what. It's going to be done alphabetically. Um Kevin Estes, yes.

Nicholas, yes.

Helioa, yes.

Margaret Sweet, yes.

Lorianne Miller, yes. Motion carries.

Um they've asked for Let me get to my computer here so I can get to it. We have a letter from Zenith Consulting Engineering LLC.

Um, we we respectfully request a continuance from our scheduled meeting with the planning board on August 31st, 2026 to the to the meeting on October 5th 2026.

And if we have any we have any questions, we can just we can contact them. So, I need a motion on the board to continue this hearing until October 5th, 2026.

Motion made.

Second.

Second.

Motion was made by Nick, seconded by Helio. Kevin Estes.

Yes.

Nick Cyclopedus.

Yes.

Helio?

Yes.

Margaret?

Yes.

Laurianne? Yes. Motion carries.

Any Oh, now we need a motion to go back into regular session because we I did that wrong. Motion to go back into regular session, please.

Motion made.

Second.

Motion made by Nick, seconded by Was that Kevin?

Helio.

Helio.

Helio. Um Kevin.

Yes.

Nicholas.

Yes.

Helio.

Yes.

Margaret.

Yes. Laurianne. Yes.

Next on the agenda is an agreement for 8 for the same project 813. It's an extension is an agreement to extend statutory head deadlines to December 30th 2026.

Madame Chair, is anybody is anybody before we vote, is anybody here from uh that represent that 813 State Road? I just have a question.

This is John Marky is here for Kevin Maderos um and for the apartment project. It has had different addresses over time. So I'm not sure if that's what you're if that's the not you John.

Okay.

No, not you.

So no one's here so I can't ask a question. Okay.

Okay. So I need a motion to um to the agreement the agreement to extend statutoary statuto deadline to November 30th 2026. Did I get that motion?

So move go ahead.

Second.

Was that Helio?

Second.

Okay. Motion was made by by Kevin Estes and seconded by Helio Helio Rosa. All in favor? Kevin?

Yes.

Nicholas?

Yes.

Helio?

Yes.

Margaret?

Yes.

Laurianne? Yes. Motion carries. So, we'll see them in October. Next on the list is a site plan review PSPR-26-4 810 State Road Assesses Map 163 lot 35.

Um we have I'm not going to read this.

It's about take me forever to read.

There's a I spoke with Dan and Dan says that um it looks like everything is in place and we don't have a problem. They've agreed to what DPW has said. The fire department is is all okay. Conservation is okay.

Um he hasn't said anything about border health, but they would have sent something.

Um so the proponent here, yes, John Marky is here on behalf of Kevin Maderos. And much like myself in high school, nobody wants to look at me cuz when I say show my video, it says you cannot start your videos because it is disabled by the host. So I think I have a face for radio. They've decided in Dartmouth.

But in any case, um Mr. Kevin, we've changed our minds. You you should have permissions to to turn on video if you would like.

No stress. No stress. I'm going to just quickly um switch to now maybe on my my end that it's not working right.

Right. Um but I uh largely you don't need to see me. I'm going to put up on the screen if if I can have permission to share screen the few changes that were made since the last uh meeting which was which was great that uh we had the time to uh to make the changes um that had been requested. Uh basically as uh as the chair mentioned uh everybody

uh in in town who had some questions we basically tried to address all of the issues that they had and I believe that uh that we have successfully addressed all of their issues. So now I'll try to share screen and see if this works. Uh and Can you all see that now?

Yes, I can.

Okay. So, uh the the apartment building is all in the same location, but there are basically five updates that we did that were based upon comments that either this board made or professionals from the town gave us input for. Uh and I again I want to thank Dan for running lead to make sure that we did get all the all the comments uh that we needed. Uh what you see here

is just the cover sheet but this is in your packets. I believe the original plan from May 18th that had been updated in July that you saw has now been updated uh as of last week August 25th to address some issues. Again, the aerial view of this undeveloped area with the unique uh challenge of the ledge up front is is here. You saw that image the last time. Here are the five

up, pardon me, the four updated issues uh that were addressed. Uh one is the issue of potential school bus. A second issue came from Chief Aruda. It was a new fire hydrant for additional fire suppression. The third related to the DPW and the drainage calculations. Uh and the fourth with uh Dan giving us input on light pole relocation.

Um so the first issue and the one we spent the most time on last time was uh what would happen if in these apartments we had you know four or five uh families that had children who might be looking to try to get the bus on State Road. Um, one of the suggestions that you all had made which we thought was good and we were going to explore and we did explore

was to take the final say 50 ft of the driveway out and um open up the gutter and have a gravel area for parents to park. Um, we explored it with Dan and with DPW, but unfortunately that was not feasible because the way the drainage system is designed, it's designed to get the catch basins and if we took if we opened up that that curb cut, it would have not functioned as well. So the suggestion

they had was instead of having cutout spots for the cars would be to have a covered bench uh like a bus stop bench for kids. And so that has been added. Uh and the reason we did it was because after looking at the two options that you this board had suggested u the professionals on drainage said this would be the better option. Um the second uh change which is highlighted here in the gradient utility gradient

site utility page was an additional new fire hydrant in the front uh of the building which uh chief Aruda mentioned would have additional capacity uh in case of an emergency and he had made that recommendation and the uh that change had been made uh even though we didn't talk about it heavily that was some input we had received from the chief when the next iteration went around Um the third is beyond my uh area

of expertise to be honest with you, but it's it is uh some of the drainage calculations there were questions that Dan raised and DPW raised and and uh they all were corrected, addressed and presented. So deep in the detail of this uh some of the math drainage calculations were updated to satisfy the town staff and the professionals who were looking at it. Uh and finally, the exterior light poles in the rear of the

building. Some of them were located close to where there were trees or tree plantings. And there was a suggestion to make some slight relocations that would ensure there wasn't either trees disturbing the light view or light growing into a tree that would disturb the natural uh beauty of the area. So those were the primary areas that the various people in in town had suggested that we address. Um Kevin has worked

diligently uh to make sure that his engineer and his consultants updated all of those things and uh again thanks to Dan Giosa for for providing us the guidance through this process. But I think um you guys were pretty pleased with the project conceptually. you were aware of the success that uh that Kevin has had with the other project that was uh near was off of Crossroad and uh

we're hoping that that that we we would be able to get a positive vote tonight, but I'm happy to answer any questions and Kevin is here as well to answer any questions you might have.

Okay, I'll go to the board first. Does the board have any questions?

Madam Chair, the only question I have is about um where the kids are going to I guess sit to wait for the school bus. Is is there any parking there at all?

Attorney Marky, there there is no extra parking that is there because um as I said that the drainage if if you drove off if you cut out the curb, it would it would disturb the flow as designed. Um, obviously I think you know if a parent was to park not right on State Road in the driveway but further up cars could go around them but it it's not a double wide area uh as

designed and that and that was there was some back and forth and this was what we were advised was the better way to to go. Uh, the only reason I'm concerned, Attorney Maki, is because if you have a small child that's in first grade or second grade, you're probably not going to want to leave them there until the bus comes, right?

You know, no, I So, I mean, I I wouldn't leave my kid off a state road until the bus came. So, I'm just wondering the parents, how long is it from, you know, what's the length of the driveway?

I I believe it's about 300 just over 300 feet back. So, it's about a a little over a football field, maybe three between 300 and 350 ft back. So, I mean, for a kindergartener, it's still a walk that they could make, I I would think.

And even though 50 apartments or 56 apartments is a decent number, it's not going to be a highly trafficked area.

So, you know, you have you you don't need to walk in the middle of the street to get down to that area. So, a parent that wanted to sit with their child would have the space uh if they had a kindergartener um or first grader.

Okay. And how far back is that bench, Johnny Maki?

Uh Kevin, do you I it was hard for me to read on the plan exactly how far back it was.

Yeah. Let me let me see if I can pull it up on the other screen that I have here just to to uh see if there's if there's a a lay if there's a clarity on that. Um Kevin, do you have that information?

just so that I I don't misspeak.

Oh, pardon. This is DCTV.

Kevin, I've just given you uh permissions.

Hello.

We can hear you now.

Oh, great. Sorry, I couldn't unmute there. Um, yeah, the the bench we we had to set it back. I I I don't know the exact uh set back of the bench, but if I had to guess it, it's about 20 ft. We had to keep it out of the line of sight.

As you're exiting um the the driveway area and turning to the left, we we had to ensure that, you know, it was safe to um you know, to have that clear line of sight. So Dan suggested pushing it back to ensure that.

Okay. Thank you.

Yep.

Any other board members have any questions?

Yeah, just uh this is Helio. Just one quick followup. From what I can from what I can tell from the plans, it's roughly 25 ft approximately from the curb on State Road. It's 10 ft from the property line laterally 10 ft from the property line along State Road and it's set back approximately 15 ft from the driveway curb.

Um I guess you know taking the opportunity I I appreciate attorney Marky and Kevin I appreciate the modifications that were proposed.

having the shelter for the kids will mitigate substantially any um any queuing it, you know, we can't guarantee that any of that will be eliminated.

That's no different than any of the streets along um the rest of the town.

But I think providing a shelter in that space, you know, I think the majority or most of the time, if not close to all the time, it's a simple walk to that shelter with a parent and a kid. Um, this just is is a better plan.

I think when you when I looked at all the revisions and you look at all the considerations of the comments that were made, they're very useful changes. I think the the project wins by it.

Ultimately, the town wins by it. Um, so I I I'm good with the changes. The one thing that I will um throw out there for the board's consideration, uh Tim Barber does have uh a couple of conditions um in his letter regarding the uh the water and sewer connections being approved by DPW as a condition and that the final set of asbuilts also be submitted. Um so when when we get to a motion, we can we

can clarify that, but I just want to call that to everybody's attention.

Along those lines, isn't there an additional uh uh note from uh the board of health regarding the the timeline and the Yes, there is the the construction commence date.

Yes, I think they have until is it March of next year? My recollection my recollection mad chair was that it was March of 2027 was the condition that was uh raised at the last meeting and I don't think that that's uh changed from our perspective.

March 22nd to be exact.

Yes.

So we just want to incorporate that into any motion as well.

Um, Madame Chair, may I ask one more question?

Yeah.

Um, obviously, um, attorney Maki, you must you must have, uh, got received some kind of notice that this is fine to hook up to sewer.

That's that's correct. And that's part of the whole discussions with DPW of what you know, the dialogue, the ongoing dialogue

Okay, thank you.

Any other questions?

Uh, I'm not sure who that was, though.

Any other questions from board members?

Okay. Any other questions from board members?

None.

What is the uh decision from the board?

The board of health pertaining to the commencement date uh through March 22nd and the DPW concerning the uh proposed water and sewer connection approval by DPW and final as plans being submitted as well.

I would second that.

I have a motion on the floor that's been approved made by Helio and seconded by Kevin. The motion to appro is to approve the subdivision to include the DPW's letter and the board of health um letter.

Uh Kevin, yes.

Nicholas, yes.

Yes.

Margaret, yes.

Laurianne, yes.

The motion has been approved.

Well done, guys.

Thank you very, very much. And I know my client thanks you very much as well.

Thank you very much.

You're welcome.

And good luck.

Thank you.

Next thing on the agenda is going to be the minutes of July 13, 2026.

Any comments, any questions, any errors?

Hearing none. Do I have a motion on the floor to approve the minutes?

Motion made.

Do I have a second?

Second.

Okay. There's a motion on the floor to approve the minutes of July 13, 2026.

Kevin, yes.

Nicholas, yes.

I was not present, so I'll abstain.

Oh, you know what? Let's back up. Sorry to interrupt you.

You weren't either, Nick.

I wasn't here.

Okay. So, Kevin, so moved. [clears throat] Well, actually, Haley, you were here.

No, we had Kevin Melo, too, once, didn't we? No, no. So, I'll just make Well, the top of the the the minute should say who was there. I'm sorry.

Yeah, let me let me look at it.

Yeah, it's it's my I'm I'm correctly not listed, but Nick is listed. So, that should be struck struck and it should probably be edited with um with Kevin.

Okay. So, we're going to take away the motion and we're going to redo it. Let me get to that page.

I don't have it, Nick.

Yes.

I can't find it.

Uh just for for uh detail sake, you may you might want to withdraw your motion.

Yeah, I'm withdrawing the motion to approve the minutes as previously stated due to the fact that I wasn't present at the meeting.

Okay, wait a minute. I can't find the minutes all of a sudden.

Don't tell me I read these in the town hall.

Um, well, it's page 123 of the packet.

Okay, I'm getting to it. 123.

Basically, it was you, Madam Chair. It was Kevin Estes and Margaret and Daniosa.

I need to be struck off of that list.

And I don't know if Kevin Melo was present then.

No, he was not.

He wasn't. Okay.

No. Now the problem here is actually actually I hate to interrupt you. This is July 13th. I was present.

Sorry about that. I was present.

your motion to make.

Yeah. Thanks for catching me, Kevin, though.

So, Nick is not withdrawing his motion.

No, Nick, you weren't here, I don't think.

No, I was. I wasn't.

That was the last meeting.

You were You were not at the last meeting.

Uh, last meeting would have been August.

This is July.

Yeah, I left town on July 29th. I'm almost Okay.

I was here on that meeting and I confirmed on that meeting. I believe that's when I confirmed that Kevin would would step in as needed.

Kevin Melo, right? Sorry about that. Kevin Melo. So, with that said, based on the fact that I'm on that list, I make a motion to approve the minutes as presented of the July 13th, 2026 meeting.

Okay. Who's going to second?

Second.

Okay. So, Nick made the motion. Margaret seconded the motion.

So Kevin yes. Hey, Nick.

Yes. Ma Margaret, yes.

And Laurianne, yes. Motion carries.

Okay, next on the list, I need a motion to acknowledge and file correspondence from the town of Freetown and the town of Westport. Any questions of Motion made?

Second.

Motion made by um Nick, seconded by Kev Kevin. Kevin, yes.

Nicholas, yes.

Keio, yes. Margaret, yes. And Laurianne, yes.

Um, anybody want to talk about any subcommittees or any reports of any type?

None.

None.

Madame Chair, I don't even know if I'm on a committee because no one's let me know. So, I have no idea.

I'm not on one. Okay.

I um have a chair's report. Since we have nothing else on here, members, I'm going to pick on you. We need to know as soon as possible that you are not going to be able to attend a meeting because if there's any public hearings, we have to try and get Kevin Melo to join us. So, as soon as you know you're not able to attend a meeting, um

I know most of you do, but please let us know because we had one meeting where we were going to have to we thought we were going to have to uh notify the applicant that we were only going to have uh three members or four members at the most. And we needed a super majority. Um these public hearings need a super majority for a vote. And if we have four members

and one member says, "I'm sorry, I can't vote for this." So, they had to abstain, we have a problem because it's it it can be rejected. So, if you know you're not going to be able to attend the meeting, please please please um let let Dan know, let uh Ross know, let me know someone so that we can make sure that we have um what we need.

Anything else to come before us tonight?

Madam Chair, while you're on that subject, depending on how the holiday affects our meeting schedule, I will not be available on October 5th and October 12th.

I'm not sure if if we're going to have a meeting on on on the 12th, but I might as well let you know now.

Let's see what we can next next week if everybody knows they can't be at a meeting. um at least the next meeting. Let Dan know um sometime next week probably to because Ross will also Roths will be in next week.

Um so just let him know. I don't like I don't like announcing it over the over TV, but I don't want people to know that you are or not going to be.

Understood. Understood.

Madam Chair, the 14th of is that when we go before the select board?

Yeah. Our next meeting is going to be September 14th. The meeting will be at 6:00 in the town hall with the selectmen. So, we will meet with them.

Then we will adjourn to our meeting room which is and I don't remember the number. It's the meeting room um next to the planning office. We will adjourn and have the rest of our meeting there. So, the meeting will be September 14th at 6 o'clock in the town hall in the selectman's meeting room because we are meeting with the board of selectmen.

Thank you.

That was going to be my very last comment.

Anything else to come before us tonight?

Um, like I said, uh, Ross will be in the office next week. And, um, any questions or anything? He can answer whatever we need.

There's nothing else to come before us.

No one else has anything. I don't have to vote. We don't have to vote on anything else.

No, just everybody has to vote tomorrow.

Yes. Please go out and vote tomorrow.

Tomorrow's election day. So at least we can tell the four of us to go out, five of us to go out and vote.

Right.

So if that's the end of our meeting, I need a motion to adjourn.

Moved.

Second.

Motion was made by um Kevin and seconded by Nick. And thank you guys for hanging in with me tonight because I was trying to make sure I had everything right.

So Kevin, you've done good.

I tried. Kevin. Yes, Nick.

Yes, Kelly.

Yes, Margaret.

Yes, Laurianne. Yes. Thank you very much, guys. If I don't hear from anybody for anything, I'll see you on this 14th.

Good night.

Thank you all.

Have a good one. Good night.