June 28, 2023 Regular Meeting Minutes

. Mr. McPherson addressed Mr. Hess’s letter dated June 26, 2023, specifically page three, where Mr. Hess is requesting a copy and/or delineation of existing or proposed deed restrictions or covenants. An e-mail was sent to Mr. Hess's office this evening with a copy to the planning board attorney providing a copy of the deed restrictions and easements for the property. There are none that affect this development. There are some utility easements and there is a private driveway easement that is very historic and is no longer in use that goes to the back of the Eagle Ridge Condo Association. There is a gate with no access to the road within Eagle Ridge but the applicant will submit that as a condition of approval. . Another requirement from Mr. Hess is a list of required regulatory approvals or permits. This property is located on a County Road and the applicant applied for and was granted an exemption from site plan approval from the Essex County Planning Board on June 20, 2023. The applicant provided a copy of that to Mr. Hess this evening as well as to the board attorney and they will provide that as a condition of approval. . Applicant is submitting that a local license itself is not a prerequisite to the development and signing off of the plans for this particular development, so just for the record they wanted to note that as well for the board’s consideration. . The applicants is also seeking a number of waivers, which are listed on page 3 under comments. Most of these waivers are related to a larger development or site plan, but in this case, this is mainly a material renovation of a relatively small amount of retail space for a micro dispensary, so we are seeking waivers for the record as reflected in Mr. Hess's report. ° The engineer, Mr. Chirag Thakkar, entered on the record and was sworn under oath; his credentials were accepted by the board. . Mr. Thakkar started his testimony by giving a brief description of the site. The building is three stories and the footprints is about 8000 square feet. The access is off of a driveway that leads up to the rear of the site, which is where most of the parking spaces are located. The applicant is not proposing to expand the building; neither is any modification being done, no increase of utilities and no extra impervious being created. However, we are modifying the striping of the handicap spaces. The

osing to expand the building; neither is any modification being done, no increase of utilities and no extra impervious being created. However, we are modifying the striping of the handicap spaces. The handicap spaces, as they exist, do not comply with the current code so as part of this application they are proposing to restripe them. Some of the handicap signage is also not compliant, but as part of this application the applicant will bring the plan to compliance. . The engineer wanted to bring to the board's attention that in the CME letter there is a discrepancy between the application in the site plan, in terms of number of parking spaces. The site plan notes 38 parking spaces, the application notes 42 and the reason for the discrepancy is that the survey we had did not show the striping. As part of the condition of this approval they will make sure that the actual striping that exists is reflected on the plan. Forty-two parking spaces exist at the site and so, as a condition of approval, the striping would be added to the plan. . Mr. Thakkar referred to the review memo from Mr. Hess and he started at item 4, which relates to the existing parking lot lighting. The comment stated that the applicant should address to the board that the parking lot lighting complies with the ordinance. There isn't any site plan modification being suggested or proposed. . No parking changes and no expansion of the building. The only reason that we get triggered into the site plan is because we are making modifications to the striping for the handicap, which is non-compliant. e The applicant is not the owner of the facility; they are only occupying a 2000 square feet suite within the building, so the applicant is requesting a waiver as to the compliance of the lighting in terms of the ordinance requirement. BOARD QUESTIONS