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Hardwick Board of Selectmen Discusses APR and Horse Racing Proposal

Original title: Hardwick, MA Board of Selectmen Meeting 10/20/22

These meeting notes are AI-generated and unofficial. They are provided for convenience and are not official Town records or approved municipal minutes. Verify all details using the source video and official Town documents.

Meeting details

Date

October 21, 2022

Duration

1h 11m

Decisions

2 recorded

Action Items

7 assigned

Summary

The Hardwick Board of Selectmen convened to receive a presentation from the Massachusetts Department of Agricultural Resources (MDAR) on the Agricultural Preservation Restriction (APR) program, specifically regarding the Goodfield Chester APR at 288 Bar Road. MDAR clarified the program's purpose, restrictions, and approval processes for agricultural and non-agricultural uses, noting that the proposed horse racing facility is a unique and complex application. The Board then discussed the upcoming vote on the Great Meadowbrook Farm horse racing proposal, deciding to place a potential vote on their October 24th agenda, while acknowledging numerous public concerns and outlining the procedural steps for a citizen-led referendum should they approve the location.

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Discussion Highlights

MDAR presented an overview of the Agricultural Preservation Restriction (APR) program, its purpose, and the nature of APR restrictions.
The definition of "agricultural use" under the program includes raising animals like horses and ponies for sale in the regular course of business.
The Goodfield Chester APR (288 Bar Road) has enforcement rights solely with MDAR, no right of first refusal, no guaranteed public access, and requires MDAR approval for labor housing or agricultural structures.
Non-agricultural activities on APR land, such as horse events and races, can be approved via special permits, subject to specific benchmarks and MDAR policy.
MDAR's policy for special permits is currently under review, with potential changes expected within 2-6 months.
The proposed horse racing facility is a unique proposal, and MDAR has not yet received a formal application, thus cannot provide a definitive stance.
The Board acknowledged receiving over 500 emails regarding the proposal, indicating significant public interest and concern.
Key public concerns include parking, infrastructure, noise, monetary impact, crowds, crime, alcohol issues, APR compliance, animal cruelty, loss of local control, quality of life, and impacts on local services and neighboring communities.
The Board discussed the procedural options for their vote: a "No" vote would terminate the project, while a "Yes" vote would allow for a citizen petition and potential special election to decide the location's approval.
The draft Host Community Agreement (HCA) has been received but is not yet a public document and has not been reviewed by the Board or legal counsel.
The Town Clerk clarified the petition and special election process, noting that legal counsel is being consulted for specific timelines and deadlines due to statutory vagueness.
The Board expressed a desire to potentially form a committee to help draft the Host Community Agreement if the project proceeds.

Transcript (11,437 words)

Lightly cleaned for readability. Each timestamp opens the video at that point.

00:00:00
October 20th at 6 30 um to order items on the agenda for this evening are first item is a presentation by mdar to the board of selectman relative to APR second is discussion of proposed great
00:00:19
Meadowbrook farm horse racing and adjourn so we have a lot of folks on the call I am also moderating the zoom so I'm going to do my best to let people in I ask that everybody mute yourself we have
00:00:38
David viale from mdar who has kindly on very short notice agreed to present to the board the structure of the meeting is it is a presentation to the board we are not going to entertain comments
00:00:57
From the public during this meeting you have comments David has a generously agreed that you can put them in the chat and we will follow up at a future time with the answers for you all and we and again we we hope you respect that
00:01:17
And use that method of communicating I will not recognize anybody for comments I just I'm putting it out there so everyone knows and expects how this is going to run so we are very very fortunate to have David and actually some other members of
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His team that are on listening David is the agriculture muted program supervisor for the division he's got a very long title but he's a big wig with um mdar is what
00:01:55
We'll say he's a supervisor with mdar we're very very lucky that he's here with us he has put together about a 15 or 20 minute presentation that will hopefully answer some of the questions that we all might have relative to APR and how it works so without further
00:02:13

[00:00:00] um October 20th at 6 30 um to order [00:00:05] um items on the agenda for this evening [00:00:08] are [00:00:10] um [00:00:11] first item is a presentation by mdar to [00:00:14] the board of selectman relative to APR [00:00:16] second is discussion of proposed great [00:00:19] Meadowbrook farm horse racing and [00:00:21] adjourn so [00:00:23] um we have a lot of folks on the call [00:00:26] um I am [00:00:28] um also moderating the zoom so I'm going [00:00:31] to do my best to let people in I ask [00:00:34] that everybody mute yourself [00:00:36] um we have [00:00:38] um David viale from mdar who has uh [00:00:43] kindly on very short notice agreed to [00:00:46] present to the board [00:00:48] um the structure of the meeting is [00:00:52] um it is a presentation to the board uh [00:00:54] we are not going to entertain comments [00:00:57] from the public during this meeting [00:00:59] you have comments [00:01:02] um David has a generously agreed that [00:01:06] you can put them in the chat and we will [00:01:08] follow up at a future time with the [00:01:11] answers for you all and we [00:01:14] um and again we we hope you respect that [00:01:17] and [00:01:18] um use that method of communicating I [00:01:21] will not recognize anybody for comments [00:01:24] I just I'm putting it out there so [00:01:26] everyone knows and expects how this is [00:01:28] going to run [00:01:30] um [00:01:31] so we are very very fortunate to have [00:01:33] David and actually some other members of [00:01:35] his team that are on listening [00:01:38] um [00:01:40] um David is [00:01:42] um the agriculture [00:01:44] muted program supervisor for [00:01:48] um the [00:01:50] division he's got a very long title but [00:01:52] he's a big wig with um mdar is what [00:01:55] we'll say he's a supervisor with mdar [00:01:57] we're very very lucky that he's here [00:01:59] with us he has put together about a 15 [00:02:01] or 20 minute presentation [00:02:04] um that will hopefully answer some of [00:02:05] the questions that we all might have [00:02:07] relative to APR [00:02:11] um and how it works so without further [00:02:13] Ado [00:02:15] um David welcome thank you for joining [00:02:17] us tonight [00:02:19] um on very such very very short notice [00:02:21] and we look forward to your presentation [00:02:24] yeah thank you very much I appreciate [00:02:25] the invite and opportunity to be here [00:02:28] um I'm just going to share my screen [00:02:30] I've got some slides uh that I can put [00:02:33] up to help people follow along the [00:02:35] presentation [00:02:36] and then this is completely [00:02:40] um available if you want to make it [00:02:41] available for folks and I can also do [00:02:44] the same [00:02:46] after the meeting so let me [00:02:55] just hopefully you all can start seeing [00:02:57] that [00:03:00] there's any technical difficult [00:03:03] and then let me know [00:03:05] So yeah thank you again and [00:03:07] thanks for joining in this meeting my [00:03:09] name is David viale I supervise the API [00:03:12] relatively new to this position about a [00:03:15] year and a half to two years but [00:03:17] um I've got a career land conservation [00:03:20] experience [00:03:22] Department [00:03:25] so my goals for tonight is really just [00:03:27] to give 15 or 20 minute overview of the [00:03:30] APR program so that the people on this [00:03:33] call can understand the basics about APR [00:03:35] and so you can afterwards help us [00:03:38] educate others because there's a lot of [00:03:40] misunderstandings about our program that [00:03:42] are out there and the more that people [00:03:44] can understand and and help us educate [00:03:47] folks we really appreciate that [00:03:50] I'll also give some detailed information [00:03:52] regarding the specific APR in your [00:03:54] community as I understand the discussion [00:03:57] revolves around and hopefully that'll be [00:03:59] helpful for you [00:04:02] so just a quick look at sort of what [00:04:04] I'll touch on tonight [00:04:05] I'm going to start by talking about the [00:04:07] purpose of the APR program and the [00:04:09] purpose of APR restrictions [00:04:11] I'll go into a little bit of a [00:04:12] description of what exactly an AP [00:04:15] e I'll touch briefly on APR sales and [00:04:18] transfers [00:04:19] as well as Department approvals of [00:04:22] different activities or uses of APR land [00:04:25] and I can stick around for a little bit [00:04:27] Depending on time if there's [00:04:29] you wanna [00:04:30] bounce off me tonight [00:04:34] so before I get into it I just want to [00:04:36] make sure that you guys are aware [00:04:38] there's a really great resource on our [00:04:39] website we have an APR program guide [00:04:41] which is very comprehensive [00:04:43] you'll see at the top of the screen the [00:04:46] the blue APR program guide text [00:04:49] so and better the links to all these [00:04:52] resources so that it followed through [00:04:54] the slides you can click on the links [00:04:57] they'll take you directly to those [00:04:58] resources and that will enable you to [00:05:01] read afterwards and [00:05:04] as well [00:05:07] so I'll just jump into it talk about [00:05:09] what the purpose of the APR program is [00:05:13] so you know we're a state agency and [00:05:16] therefore we are bound to state law in [00:05:19] the regulation [00:05:21] Ram [00:05:22] so Mass General law job chapter 20 [00:05:25] section 23 [00:05:26] is the law that established the [00:05:29] pasted [00:05:31] the language from that here in the slide [00:05:34] in a nutshell it says that the secretary [00:05:37] shall establish a program [00:05:39] um [00:05:41] uh to assist the Commonwealth in [00:05:44] acquiring aprs or agriculture [00:05:50] those aprs are defined by section 31 [00:05:54] chapter 184 and we'll talk about that in [00:05:57] a bit [00:05:58] and they're for lands that's actively [00:06:00] devoted [00:06:02] support Horticultural uses [00:06:04] is defined in [00:06:07] we'll talk about that a little bit as [00:06:08] well [00:06:11] so so what does that mean what is an APR [00:06:15] IL so here's a lot of language on the [00:06:17] slide what I've tried to do is put in [00:06:19] bolds [00:06:20] um [00:06:21] what I feel really boils it down into a [00:06:23] more [00:06:24] a more comprehensible text [00:06:27] so chapter 184 section 31 defines what [00:06:30] an APR is and basically it's a right [00:06:33] it's appropriate for retaining land or [00:06:36] water areas predominantly in [00:06:39] natural farming or Forest use [00:06:42] or limits [00:06:44] or all [00:06:46] Acts or uses [00:06:48] until to the retention of that land [00:06:52] so that's that's my way of trying to [00:06:54] boil it down into more understandable [00:06:57] terms [00:06:58] and again those Blue Links will take you [00:07:00] right to the law if you want to dig into [00:07:02] it [00:07:04] so what is agricultural use [00:07:08] defined by the program [00:07:10] so again that's defined by chapters c1a [00:07:13] tried to do the same thing here at this [00:07:15] Slide by putting in bold [00:07:17] what I think boils it down and is [00:07:19] perhaps pertinent to to your [00:07:21] understanding and conversations [00:07:24] so agricultural use [00:07:27] defined as raising animals and the law [00:07:30] gives a few examples and some of those [00:07:32] examples includes horses and ponies [00:07:36] and the raising of those animals has to [00:07:38] be for the for the purpose of selling [00:07:40] those animals or a product derived from [00:07:42] them in a regular course of business [00:07:49] Horticulture has this very similar [00:07:50] definition agriculture is for animals [00:07:53] horticultures for plants [00:07:57] that's a lot of legalese so is there a [00:07:59] simpler way to understand where [00:08:02] I'll try to give you my best shot at it [00:08:04] basically you can think of it as a as a [00:08:07] contract it's a document [00:08:08] and it's a public document that gets [00:08:10] recorded at the registry of deeds [00:08:13] and what that contract does [00:08:15] two things it extinguishes certain [00:08:17] rights [00:08:19] some of the [00:08:20] common things that distinguishes our [00:08:23] ability to develop the property for [00:08:24] residential or commercially uses that [00:08:27] are not agricultural [00:08:30] in addition many aprs limit the resale [00:08:33] value to [00:08:35] Aggregates but not not all of them do [00:08:40] many aprs also require the sale of an [00:08:42] APR go to a farmer or a beginning farmer [00:08:46] or an entity that leases the land to [00:08:48] Farmers [00:08:52] talk about that a little later [00:08:55] in addition to extinguishing rights [00:08:57] attains rights for the land [00:09:00] being able to use the land through [00:09:02] agricultural [00:09:03] Court of policies [00:09:07] commercial activities [00:09:08] they're non-agricultural [00:09:10] can be requested [00:09:12] and approved by the department [00:09:15] or if there's another coholder they can [00:09:18] approve it and we'll talk about that in [00:09:20] detail later [00:09:22] also if there's a request to build to [00:09:24] build the structures for agricultural [00:09:26] uses for improvements to the property [00:09:28] those are things that would require [00:09:30] approval [00:09:35] approval so in exchange for giving up [00:09:38] some of these rights [00:09:39] there are [00:09:41] cash payments sometimes made to the [00:09:43] landowner which is based on the [00:09:45] appraised value of the restriction [00:09:47] purchase the restricted [00:09:49] on the landowner [00:09:51] or the landowner could donate that [00:09:54] restriction or sell it for less than [00:09:56] what it's worth [00:09:57] if they do that [00:10:00] federal tax and accidents is for that [00:10:01] land of [00:10:04] land the voluntary [00:10:05] um [00:10:06] action that the landowner voluntarily [00:10:09] chooses to enroll their land and [00:10:11] permanently protect it in APR [00:10:14] they retain ownership of the lands [00:10:17] the Restriction is intended to be [00:10:19] permanent and therefore it runs at the [00:10:22] land [00:10:23] applies to all future owners [00:10:27] the enforcement responsibility of the [00:10:29] restriction [00:10:30] can go to the department and are [00:10:34] it can go to a municipality or maybe a [00:10:37] land trust or the federal government or [00:10:40] it can be some combination of all the [00:10:41] above it really depends on the APR [00:10:44] there's a lot more information about [00:10:46] these at these resources that are in [00:10:48] below in blue [00:10:49] Ash Woods is a great website gets put [00:10:52] out by the UMass Amherst [00:10:55] Massachusetts land [00:10:56] which is also a great source [00:10:59] Land Trust Alliance is the National [00:11:01] Organization for land trust's best [00:11:06] again our APR guide has a lot of [00:11:08] information in mass.gov has some good [00:11:11] information on tools for land [00:11:12] conservation [00:11:16] so while all aprs basically follow the [00:11:20] premises that I just outlined [00:11:23] take home message that I really want [00:11:25] people to walk away with is [00:11:27] your APR or the one in your community [00:11:31] isn't necessarily the same [00:11:34] neighbors were the one next door or the [00:11:37] one in the town next door [00:11:39] and the best analogy that I can come up [00:11:41] with to describe this you know maybe [00:11:43] because I've got Italian Roots is to [00:11:45] talk about wine [00:11:47] um each APR basically has a vintage [00:11:51] so this is a 40 plus year old program [00:11:54] so some aprs were done in the 80s some [00:11:56] in the 90s so on and so forth [00:11:59] there have been changes over the years [00:12:01] so depending on what year or what decade [00:12:05] the APR was completed in it may have [00:12:08] unique restrictions [00:12:10] of what is allowed or not allowed [00:12:13] so you can sort of get a sense of oh it [00:12:16] was an early APR maybe it was done in [00:12:18] the 1980s you can have it get a pretty [00:12:20] good idea of what you might expect is [00:12:22] allowed or not allowed but just like [00:12:24] wine each APR is sort of like its own [00:12:28] unique bottle of wine [00:12:29] it can have its own specific [00:12:31] characteristics just based on that [00:12:33] dot itself [00:12:35] and so it's really critical to make sure [00:12:37] that you understand and read that [00:12:39] particular contract for that particular [00:12:41] property to really understand what's [00:12:43] allowed and not [00:12:45] so some examples of how this would look [00:12:48] like in real life [00:12:49] some aprs contain what we call a right [00:12:52] of first refusal or an option to [00:12:54] purchase an AG value some don't [00:12:58] some may allow for construction of [00:13:00] residential dwellings others do not [00:13:03] some may require guaranteed Public [00:13:05] Access many do not [00:13:09] some give the means municipality [00:13:10] approval rights and or enforcement [00:13:13] rights others do not [00:13:15] and some include the right for the [00:13:17] federal government to enforce the [00:13:19] restrictions and others do not [00:13:21] so those are just some examples it's [00:13:23] really important to make sure you're [00:13:25] looking at the specific document for [00:13:27] that specific property [00:13:30] so [00:13:34] um with that in mind [00:13:36] for this particular APR which I [00:13:39] understand is 100 [00:13:41] community [00:13:42] we refer to it as the good field Chester [00:13:45] APR located at 288 Bar Road [00:13:49] again that's a public document can be [00:13:51] found in the Worcester District registry [00:13:54] of deeds [00:13:55] and looking at that I haven't [00:13:58] cleared this 100 with my legal counsel [00:14:00] but I'm confident in saying in looking [00:14:03] at that document the enforcement rights [00:14:05] are solely the Departments so in other [00:14:07] words federal government does [00:14:10] cement ability [00:14:11] there's no role for the municipality [00:14:14] or a land trust Etc it's [00:14:18] enforcement [00:14:20] there's also no right of first refusal [00:14:22] or option to purchase the AG value that [00:14:25] means the owner can sell the property to [00:14:28] anybody for any price [00:14:30] at any time [00:14:33] there's no rights for additional [00:14:34] residential dwellings Beyond any that [00:14:36] may exist I haven't dug into the file to [00:14:40] see if there's any that currently exists [00:14:41] on the property [00:14:43] there are rights to request construction [00:14:46] of Labor housing that again requires [00:14:49] Department approval [00:14:51] there are rights to requests [00:14:54] destruction of agricultural agriculture [00:14:55] structures or improvements again with [00:14:58] the department [00:15:00] I didn't see any guaranteed Public [00:15:02] Access rights in this API [00:15:05] and as with all aprs there's the right [00:15:07] to request a special permit for [00:15:09] non-niagara cultural uses again [00:15:12] that requires Department of [00:15:16] sounds pretty complicated so why do we [00:15:19] have these apis why do we do it well [00:15:22] there's a lot of public benefits [00:15:24] um the state of Massachusetts as well as [00:15:26] the federal government recognizes the [00:15:28] many public benefits [00:15:30] including agricultural conservation [00:15:33] there's a lot of social economic and [00:15:34] environment [00:15:36] and there can be benefits to the [00:15:37] landowners who enroll their land in [00:15:39] conservation [00:15:40] as I talked about earlier they can get [00:15:42] financial benefits through [00:15:44] incentives or cash payment [00:15:47] it can help them in their estate [00:15:48] planning or maybe their operational [00:15:50] succession planning [00:15:52] and some people just do it for anthropic [00:15:55] reasons [00:15:56] if you want to learn more about that [00:15:59] encourage you to do so because the [00:16:01] public and private benefit land [00:16:02] conservation of great [00:16:04] here are some more resources that go [00:16:07] into that again the UMass Amherst Mass [00:16:09] Woods website [00:16:11] the mass Land Trust Coalition has come [00:16:13] out with some really great Publications [00:16:14] on the value of land conservation [00:16:17] our APR guide discusses it as well as [00:16:19] mass.gov has a page on the benefits of [00:16:22] land conservation [00:16:26] but I just wanted to provide this map [00:16:28] really quick as a just a [00:16:31] visual to show you uh it's it's a couple [00:16:33] years old so it's a little outdated but [00:16:35] it gives you a good idea of how many [00:16:38] aprs we have and where they're located [00:16:39] throughout the state [00:16:41] so we're approaching a thousand eprs [00:16:43] hopefully we'll equip that in the next [00:16:45] year or so [00:16:46] and we're approaching about 75 [00:16:49] 000 acres and so [00:16:51] insert cultural lands total and the [00:16:53] green dots on this map represent uh each [00:16:56] individual APR and where they're located [00:16:59] in the state [00:17:02] so let's talk about [00:17:05] approvals of different activities on [00:17:07] aprs [00:17:09] so remember the APR is it's a document [00:17:11] basically basically contract [00:17:13] which extinguishes certain rights but it [00:17:15] also [00:17:16] leave certain rights [00:17:18] and leaves room for approvals of certain [00:17:20] things again non-active agricultural [00:17:23] activities can be approved [00:17:27] and [00:17:29] building or installation of structures [00:17:32] or improvements can be approved through [00:17:34] a certificate of approval [00:17:37] so let's start by talking about [00:17:39] certificate of approvals [00:17:42] I've put a link there in blue to our [00:17:44] regulations which describe the [00:17:47] requirements as well as the process and [00:17:49] we'll go through it here [00:17:51] unless the APR documents as otherwise [00:17:55] a COA certificate of approval [00:17:57] here are the minimum benchmarks that [00:17:59] would need to be mapped for the [00:18:00] Department to approve [00:18:03] approve the impervious surfaces cannot [00:18:05] be greater than five acres or five [00:18:07] percent of the APR property whichever is [00:18:10] less [00:18:11] the activity will minimize to the [00:18:14] fullest extent possible [00:18:15] the loss of quality agricultural soils [00:18:19] and it won't interfere or lead to the [00:18:21] likelihood of future interference with [00:18:23] agricultural operations [00:18:25] those are the minimum benchmarks for us [00:18:27] to say yes we can approve that [00:18:31] so here are some examples of things that [00:18:33] we commonly approve [00:18:37] D barns greenhouses Farm roads run in [00:18:41] shelters for cattle Stables trails [00:18:45] retail stands labor housing pack and [00:18:49] wash buildings for vegetables storage [00:18:51] coolers Wells irrigation and alternative [00:18:55] energy [00:18:59] so this is what the process looks like [00:19:01] if someone wants to request constructing [00:19:03] a structure or an improvement on an APR [00:19:07] IL and this again is outlined in our [00:19:08] regulations [00:19:09] the owner has to make an application to [00:19:11] the Department [00:19:13] we then have 90 days to review that [00:19:15] application [00:19:16] in either we approve it or we deny it [00:19:20] if we deny it the landowner has the [00:19:23] right to request to hear [00:19:25] ing for the alpc [00:19:27] essentially appeal that decision [00:19:30] for the good field Chester APR [00:19:34] IL specifically says in the document [00:19:35] that the owner has to obtain all of [00:19:37] their applicable permits prior to the [00:19:40] COA application to end [00:19:43] before they can even make an application [00:19:46] so who's the alpc [00:19:49] in case we deny it if appeal to the alpc [00:19:52] what does that mean [00:19:55] the alpcs the agricultural lands [00:19:57] preservation committee [00:19:58] that link goes to the the website that [00:20:01] describes it [00:20:02] it's comprised of 12 members as outlined [00:20:05] here [00:20:06] you'll see that six of those members [00:20:08] number six through eleven are appointees [00:20:11] of the governor which include at least [00:20:13] four Farmers one Farm advocacy [00:20:15] organization [00:20:16] in one land trust and their role really [00:20:19] is to evaluate potential new APR [00:20:23] enrollments and decide if we're going to [00:20:25] accept them into the program or not [00:20:27] they provide advice on our policies and [00:20:31] then they serve as an appeals body for [00:20:34] departmental decisions on aprs [00:20:38] so [00:20:41] approvals for structures and [00:20:43] improvements so let's talk about special [00:20:45] permits [00:20:46] for non-agricultural activities [00:20:49] so I put up there [00:20:51] 8 section 20 23 which gives the right [00:20:53] for every APR to request a special [00:20:56] permit and then our regulations [00:21:01] um [00:21:01] the process and the benchmarks [00:21:05] so an application for a special permit [00:21:07] shall only be granted after we apply our [00:21:11] policy that's in effect at the time the [00:21:14] applications given to MDR [00:21:16] that's [00:21:18] that's a statutory and Regulatory [00:21:20] requirement [00:21:21] I I folded that because [00:21:24] because policies are subject to change [00:21:26] so [00:21:28] it's something to be aware of [00:21:30] and currently because of a lot of public [00:21:32] feedback that we've been getting over [00:21:34] the years we have been reviewing this [00:21:36] policy prior to this topic being [00:21:40] brought to our attention [00:21:42] uh and there's a the likelihood that [00:21:45] that policy there will be a [00:21:46] recommendation to make changes to that [00:21:48] policy within the next two to six months [00:21:51] we have to go in front of the [00:21:52] Agricultural board okay [00:21:54] as well as APR landowners it will be a [00:21:57] public process [00:21:59] just wanted to make you aware that [00:22:00] that's something we've been working on [00:22:02] for a long time now and that's I mean [00:22:05] likely to to in your end in the near [00:22:07] future [00:22:10] so what are the requirements in [00:22:12] the comment [00:22:14] under the current special permit [00:22:16] system [00:22:18] the regulations set minimum benchmarks [00:22:21] but the policy can be more strict [00:22:25] except by the regulations [00:22:26] the parcel has to be an active [00:22:28] active or cultural use [00:22:30] the activity being proposed has to be [00:22:33] minor ancillary and subordinate [00:22:36] so the use of the APR [00:22:38] what does that mean you can look to our [00:22:41] special permit policy and we have [00:22:43] different benchmarks that explain what [00:22:45] that means [00:22:48] thirdly the uses and activities being [00:22:50] proposed have to be consistent with the [00:22:53] purpose of the APR and shall not defeat [00:22:56] or derogate from the purpose of it [00:22:58] again what does that mean [00:23:00] if you take a look at our special permit [00:23:02] policy on our website it goes into more [00:23:04] detail on the benchmarks that need to be [00:23:07] met for that [00:23:10] also the request has to be limited to [00:23:12] activities that don't require any new [00:23:14] construction [00:23:16] currently by regulation the maximum [00:23:19] duration of a special permit is up to [00:23:21] five years with the opportunity to renew [00:23:25] and then we can always revoke it if we [00:23:27] find that there are detrimental impacts [00:23:29] happening [00:23:32] so some examples of special permits that [00:23:34] we see [00:23:35] frequently [00:23:36] weddings [00:23:38] types of Festival [00:23:40] s types of races like cross-country [00:23:42] races or marathons or an obstacle course [00:23:44] race [00:23:46] different parking for different events [00:23:49] storage of materials temporarily for [00:23:52] equipment so like if the utility company [00:23:55] is doing a project they might store some [00:23:56] utility poles on a farm for a while [00:24:00] non-agricultural uses of existing [00:24:02] structures so if they're not using an [00:24:05] existing structure in a farm they might [00:24:08] yoga or [00:24:11] camping on the APR [00:24:13] renting out existing dwellings if [00:24:15] they're not using them [00:24:16] we've approved horse events in the past [00:24:21] their property we've given special [00:24:23] permits for the over the walls horse [00:24:25] trials [00:24:27] and lots of other various one or two day [00:24:30] events that have things like vendors [00:24:33] so those are some examples [00:24:37] this is what the process looks like it's [00:24:39] very similar to the certificate of [00:24:40] approval the owner has to make an [00:24:43] application to the department we have 90 [00:24:45] days to look at it [00:24:46] we either approve it or we deny it if we [00:24:50] deny it we have the ability to to appeal [00:24:52] to the alpc [00:24:55] so again a lot of the information I know [00:24:58] this is a ton of information [00:25:00] just all at once a lot of it can be [00:25:02] found here in this program guide as well [00:25:04] as the various links that I provided [00:25:06] through the presentation [00:25:09] I'll stop there and [00:25:11] would be available for questions if [00:25:13] there are any [00:25:18] thank you Dave [00:25:19] I I think for for my own [00:25:23] um my own questions in my mind I think [00:25:25] your presentation was on point with a [00:25:27] lot of the questions that the board [00:25:28] might have [00:25:30] um [00:25:31] uh again uh appreciate that you uh took [00:25:35] the time uh on a very very short notice [00:25:37] to to be with us and [00:25:40] um to give us such a great presentation [00:25:42] uh I know for me [00:25:45] uh I know I I thought I knew a lot about [00:25:47] APR but [00:25:49] clearly listening to you I know very [00:25:51] little so um I I think it's great that [00:25:54] you were able to provide such a detailed [00:25:57] discussion of it [00:25:59] um we will make the slides available to [00:26:01] everybody [00:26:03] um after tonight's presentation so that [00:26:05] you can refer to them I did put a [00:26:08] message out in the chat for several of [00:26:10] you joined after Dave started [00:26:13] um [00:26:14] um so just for purposes of introduction [00:26:16] for those of you who joined late uh [00:26:19] David bialy is agricultural lands [00:26:21] program supervisor with mdar [00:26:24] um and his slides will be available [00:26:27] after the presentation [00:26:30] um the board uh asked or he graciously [00:26:33] and and uh agreed to join us in our [00:26:36] meeting tonight for uh questions and a [00:26:40] presentation for the board so Kelly or [00:26:42] Rob do you have any questions for Dave [00:26:46] um no I I feel like some of the things [00:26:50] that I I wondered about [00:26:52] um you know how this could actually [00:26:54] happen on this land or actually [00:26:57] they were all covered in this [00:26:59] presentation and I actually read it [00:27:01] before the um you know so uh Dave was [00:27:04] able to just kind of add a little bit [00:27:06] more to it for me [00:27:10] now oh yeah I do appreciate his time and [00:27:13] thank him for trying to clear the air [00:27:16] with some of these questions [00:27:28] okay well [00:27:30] Dave I appreciate it and I know several [00:27:33] members of your team are on here as well [00:27:35] and appreciate that uh you all took time [00:27:38] to [00:27:39] um join us I I I think for me [00:27:42] um the question is [00:27:44] um [00:27:45] you know the question of you know what's [00:27:48] allowed in the process I think is was [00:27:51] very clear from your presentation and [00:27:53] the process you know um clear from this [00:27:56] is uh the board has no local control [00:27:59] over [00:28:00] um what happens there that it's you know [00:28:01] uh through your jurisdiction and through [00:28:03] a specific process [00:28:07] interesting to see that prior horse [00:28:09] events have which obviously is as you [00:28:13] know why what we're here to talk about [00:28:15] tonight have been approved by uh your [00:28:18] agency so that's good to know [00:28:21] um I do have questions coming in on the [00:28:23] chat [00:28:24] um we will take those questions and [00:28:27] forward them over to you [00:28:29] that is okay [00:28:33] so absolutely so um not to push you on [00:28:36] the spot but one of one of the [00:28:38] um perhaps something to think about if [00:28:39] you don't want to answer it tonight is [00:28:42] um [00:28:43] I'm sure you're aware that one of the [00:28:46] um [00:28:48] I guess the appropriate way to say it is [00:28:50] the more controversial [00:28:51] aspects of The Proposal that's before us [00:28:54] is the racing piece and [00:28:57] um certainly it'll come before you [00:28:59] depending on how this board in the [00:29:02] process moves forward [00:29:04] um [00:29:06] I'm not sure you've had to deal with [00:29:08] something like that before on an APR can [00:29:10] you give us any idea of [00:29:14] um or any insight on to to how that [00:29:16] might work or [00:29:19] um what the thoughts are with regard to [00:29:21] whether that fits in with the use or not [00:29:25] sure I can touch on it as best I can at [00:29:27] this point [00:29:28] okay uh you know it's a very unique [00:29:31] proposal [00:29:32] um it's it's certainly new for me uh [00:29:35] luckily we have [00:29:37] staff have been on board for 20 years [00:29:40] plus and we do certainly look back at [00:29:44] the president has been and decisions [00:29:45] have been if there are any similar [00:29:49] something that we would [00:29:52] um beyond that what I can say is you [00:29:55] know we've had a preliminary discussion [00:29:58] with a potential buyer and we have a [00:30:03] good beginning understanding of what's [00:30:05] envisioned [00:30:06] but we don't have a formal application [00:30:09] in front of us to [00:30:11] to react to [00:30:13] um and and so we're sort of digesting [00:30:16] this unique proposal [00:30:19] um currently and and thinking about it [00:30:22] uh because it's it's not a quick and [00:30:25] easy answer so we're we're looking at it [00:30:27] and uh we'll treat it objectively and [00:30:30] fairly as we do with all APR matters [00:30:34] I appreciate that I appreciate that Dave [00:30:37] you're in the same sort of boat as we [00:30:39] are sort of um we're all sort of [00:30:42] learning as we go and [00:30:45] you know certainly a big this is a big [00:30:47] uh issue concern topic for the small [00:30:52] town of Hardwick so I I [00:30:56] sort of appreciate that and uh I think [00:30:59] we're all going to learn during this [00:31:00] process one way or the other with um how [00:31:03] things go [00:31:04] Kelly or Rob any other questions or [00:31:07] follow-up comments you want to ask of [00:31:09] Dave [00:31:12] I think I'm good right now [00:31:19] I'm all set thank you [00:31:21] okay [00:31:22] Dave thank you so much [00:31:24] um you certainly are welcome to stay on [00:31:26] and listen to the rest of our meeting um [00:31:28] don't feel like you have to because I [00:31:29] know you have other small commitments [00:31:32] that um occupy your time rightly so [00:31:36] um thank you to you and your team for [00:31:38] for being on [00:31:39] um I have to say we have 55 people on [00:31:41] the zoom which is great to see so many [00:31:43] people interested [00:31:45] if only we could have this many people [00:31:47] on our normal selectman's meeting it [00:31:49] would be great [00:31:51] um so again thank you Dave [00:31:53] um for the presentation uh if you want [00:31:56] to forward those slides over when you [00:31:57] have a chance that'd be great we'll make [00:31:59] them available publicly so everyone can [00:32:01] have them [00:32:02] I'll do that and and just a quick [00:32:04] question I assume this meeting will be I [00:32:07] can watch it later if I can't stick [00:32:08] around [00:32:09] so it is being Hardwick TV is on here so [00:32:12] it is actually being live streamed so [00:32:14] it's on our YouTube channel as are all [00:32:17] of our Board of selectment meetings and [00:32:20] our public forums and the gaming [00:32:22] commission have all all of our [00:32:24] significant meetings relative to this [00:32:25] and also normal board meetings our live [00:32:27] streams so you absolutely can see it [00:32:29] there great well thank you again for the [00:32:31] opportunity I do appreciate the invite [00:32:33] and uh you know I'm certain we'll we'll [00:32:36] probably see each other again at some [00:32:38] point and [00:32:40] best of luck [00:32:42] thank you Dave [00:32:44] thank you [00:32:47] okay [00:32:49] um so [00:32:50] um just a uh an item uh relative to the [00:32:53] second item on our agenda is [00:32:56] um the um [00:32:59] the um [00:33:00] discussion of the proposal it's been [00:33:04] brought to my attention that if we [00:33:05] intend to vote on this Rob Kelly [00:33:08] um we should uh publicly say that here [00:33:12] because it requires it should require 48 [00:33:15] hours notice on our agenda [00:33:18] um so what that means is that if we make [00:33:21] a motion to or discuss that we are going [00:33:24] to vote on this proposal on Monday night [00:33:26] if we think we're prepared we should say [00:33:28] it as soon as possible because we really [00:33:31] need to put it on our agenda ASAP [00:33:33] um so that we can so for example if we [00:33:36] decide that we're going to address this [00:33:39] and vote on it Monday night at it is now [00:33:41] 705 we would take it up on our agenda at [00:33:44] 705. so what is the feeling of the group [00:33:48] relative to whether we're ready to [00:33:50] entertain a vote on this on Monday or [00:33:51] not [00:33:59] Julie it's Nicole [00:34:01] why is she talking [00:34:02] [Music] [00:34:05] hi Nicole [00:34:06] hi I just want to let you know that I'm [00:34:09] here in case anybody wants to [00:34:12] ask me any questions or like I just let [00:34:16] you know that I'm here [00:34:17] but I will go back to yeah thanks thank [00:34:22] you [00:34:27] Rob I think I muted you on accident I [00:34:30] apologize [00:34:33] all right [00:34:35] um [00:34:36] I suppose even if we stated tonight that [00:34:39] we were going vote on it on [00:34:42] the 24th [00:34:43] and we decided not to [00:34:46] we still have that option too correct [00:34:52] yes [00:34:54] so [00:34:55] so for those residents of the town of [00:34:57] Hardwick you need to know that we have a [00:35:00] rockstar town clerk who is advising us [00:35:02] on this so um [00:35:05] just FYI he guides us and keeps us on [00:35:08] task so um yes so I would make the [00:35:11] suggestion [00:35:13] um that we get this on our agenda [00:35:16] um for uh Monday evening at say 7 15. [00:35:21] and [00:35:22] um with the intent that we can discuss I [00:35:24] believe we can discuss it before but we [00:35:26] call for a formal vote by or around that [00:35:29] time on 7 15 at 7 15. we can defer the [00:35:32] vote if we feel like we're not ready but [00:35:34] we should at least in the interest of [00:35:36] transparency as we've tried to keep this [00:35:38] whole process uh announce it tonight if [00:35:40] we believe we are [00:35:42] entered at least entertaining without a [00:35:44] voting on Monday [00:35:46] I I would be okay with at least posting [00:35:48] it and having that option and if we [00:35:51] wanted to defer it then so be it but um [00:35:54] I'm okay with that are we do we do we [00:35:57] have the school reserved though for that [00:35:59] we do okay we're on top of it um again [00:36:02] our town clerk is um perfect but I just [00:36:06] wanted to confirm and the absence of our [00:36:08] amazing administrator [00:36:11] um uh Ryan has uh reserved the school [00:36:13] for us so we are meeting Monday evening [00:36:15] at the school okay perfect [00:36:19] I would say that that we um do you want [00:36:22] a motion to do that or do you think if [00:36:24] you don't mind [00:36:27] I would make a motion to put on the [00:36:30] agenda that um we will vote Monday night [00:36:33] at 7 15. [00:36:35] for that option to decide [00:36:38] sorry [00:36:40] I'll second that moment [00:36:42] with the inclusion of the deferral [00:36:45] so it's been moved and seconded moved by [00:36:48] Kelly seconded by Rob uh any other [00:36:50] discussion you know we should be doing [00:36:52] roll call right we'll do the roll call [00:36:55] so I will call the roll uh Kelly hi [00:36:58] Rob [00:37:01] and Julie is an eye also [00:37:04] um so uh Ryan is on standby Ryan if you [00:37:07] could please make that update for us [00:37:09] that would be great [00:37:11] thank you Ryan [00:37:17] um I've been advised it's done [00:37:20] um so [00:37:21] um in sort of contemplating this meeting [00:37:24] um and again I I understand that [00:37:26] residents may want to comment and really [00:37:30] you know you might think it's [00:37:33] um [00:37:33] you might think it's uh [00:37:36] perhaps unfair of us not to entertain [00:37:39] public comments we've had two public [00:37:41] forums we've had the Forum with the [00:37:44] gaming commission that this board really [00:37:46] has not had the chance to talk among [00:37:49] ourselves to figure out where we are on [00:37:52] this and so [00:37:53] what I've done is made a list of what [00:37:55] I've heard the concerns are and so I [00:37:58] will just from my perspective mention [00:38:00] those here Kelly and Rob feel free to [00:38:03] add what you think you're what you've [00:38:05] heard that I may have missed [00:38:06] so let's be clear [00:38:09] um I've posted on the virtual comment I [00:38:12] just want the folks watching this in [00:38:14] here to understand that after the [00:38:17] hearing the other night we received more [00:38:20] than 400 emails [00:38:22] relative to uh P The Advocates it's [00:38:25] actually up to 515. okay so we are [00:38:29] receiving a lot of noise outside of our [00:38:33] community and so you sort of have to [00:38:35] understand that if we're not [00:38:36] acknowledging your emails or responding [00:38:39] we have got a lot to deal with that's [00:38:41] just on the email side we're also all [00:38:43] getting phone calls so [00:38:46] we we understand what your concerns are [00:38:48] and I've written them down but Kelly and [00:38:50] Rob if you've been able to you know pick [00:38:53] up other [00:38:54] um [00:38:55] you know uh things that I've missed [00:38:57] please let's let's just get the list [00:38:59] together what we understand the concerns [00:39:00] are so I have parking I have [00:39:03] infrastructure I have noise I have the [00:39:06] monetary impact to the town positive or [00:39:08] negative crowds [00:39:11] um the location vote which is what we're [00:39:13] talking about as a group crime concerns [00:39:16] alcohol issues APR concerns animal [00:39:19] cruelty [00:39:21] uh what else am I missing that you folks [00:39:24] um [00:39:25] the board understands the issues are or [00:39:29] the concerns are that we should be [00:39:30] looking at as a group [00:39:32] uh just total con like having any [00:39:34] control over the project [00:39:37] as a whole I think people are concerned [00:39:39] that you know once we say yes [00:39:41] we lose we lose control on that [00:39:48] Rob [00:39:51] I think um [00:39:53] quality of life for some people okay [00:40:00] one of the things that has been [00:40:02] mentioned by [00:40:04] um the proponent is um [00:40:07] their willingness to fund police details [00:40:10] whatever needs to be there so I think we [00:40:13] also sort of need to look at what the [00:40:15] impacts might be to our local services [00:40:18] and wrote yeah everything [00:40:20] um road-based that's sort of in the [00:40:23] infrastructure I didn't know you know [00:40:24] but like roads impacts on Town [00:40:27] departments [00:40:29] foreign [00:40:35] I'm trying to think it just [00:40:49] I mean I think those touch on the bigger [00:40:53] um [00:40:54] I noticed someone just added in the chat [00:40:56] about you know neighboring communities [00:40:59] people are concerned just even about [00:41:01] that [00:41:03] and that's true I have heard that from [00:41:05] from several folks [00:41:23] Nicole did you want to add something [00:41:25] I would just I mean I I [00:41:28] would just like to add as a manager and [00:41:32] you know in my industry that [00:41:36] we we don't necessarily take so many [00:41:40] um [00:41:41] uh you know the the [00:41:45] outlying [00:41:47] or or the I'm sorry I'm trying to be [00:41:51] respectful but like the other [00:41:54] communities [00:41:56] into [00:41:58] into effects so our [00:42:02] you know as as our [00:42:04] um I'm sorry is I'm sorry oh my God [00:42:09] oh I'm [00:42:12] so Nicole if you want to text it to one [00:42:15] of us we will be gladly [00:42:18] um [00:42:19] I keep getting so [00:42:25] so for those of you don't who don't know [00:42:27] Nicole is on vacation so she's on London [00:42:30] time so it's very very late there [00:42:33] um so Nicole if you want to text it to [00:42:35] me or Kelly or anyone will certainly [00:42:38] bring your concerns forward [00:42:41] um [00:42:44] um and as as a kudos to Nicole she's [00:42:46] been on vacation for the last few weeks [00:42:48] and she's been on top of this issue and [00:42:52] the sewer issue that is facing the town [00:42:54] so um I think he couldn't ask for any [00:42:56] more dedication in someone so [00:42:59] um [00:43:02] I think with regard I think what she was [00:43:04] trying to say with regard to neighboring [00:43:06] communities and I don't want to speak [00:43:07] for her is that yes it's a concern and [00:43:09] we need to certainly understand that [00:43:12] um keeping in mind that you know our [00:43:14] charge is Hardwick and making sure that [00:43:16] Hardwick is absolutely [00:43:18] is our primary focus although not [00:43:21] discounting the concerns of our [00:43:22] neighbors we have no control over that [00:43:25] we have control over what happens in [00:43:26] Hardwick [00:43:28] um [00:43:32] I I'm seeing some things come up in the [00:43:34] chat uh understand you know we've sort [00:43:38] of some of these things that you're [00:43:40] coming up with are addressed in some of [00:43:42] our larger concerns I did see Public [00:43:44] Health come up that was sort of in my [00:43:46] crime concerns alcohol concerns [00:43:50] um [00:43:52] animal cruelty sort of concerns [00:43:56] um [00:44:02] seeing some discussion that you had [00:44:04] about timeline let's be clear we're [00:44:07] aware of what the timeline is for the [00:44:10] applicant [00:44:11] we are also doing our due diligence uh [00:44:14] and making sure we it's it's clear that [00:44:16] we are on our own timeline [00:44:18] um [00:44:20] I will uh uh you mentioned to Kelly and [00:44:25] Rob that I've been in contact with legal [00:44:27] counsel for gaming [00:44:28] and making sure that we understand their [00:44:31] position their timeline what our vote [00:44:34] does in terms of a timeline for them and [00:44:39] we are in close contact to understand [00:44:41] what the impact of our sort of votes and [00:44:45] roles is on the process [00:44:48] um [00:44:50] anything else Kelly or Rob that you [00:44:52] think I've missed this isn't an [00:44:54] inclusive [00:44:55] um [00:44:56] list it's a list sort of that of the [00:44:59] major concerns that we've heard I'm sure [00:45:01] there's thousands of concerns that we [00:45:03] should look at at from a board [00:45:05] perspective [00:45:07] you know from our my perspective we're [00:45:09] looking at the big picture concerns that [00:45:11] are out there [00:45:13] um can I just add that we've also heard [00:45:15] positive things about this whole project [00:45:18] as well [00:45:21] those people aren't necessarily here or [00:45:24] you know because they they don't feel [00:45:26] that they [00:45:27] can speak without you know almost being [00:45:30] heckled [00:45:31] and so I I do think that's a point to [00:45:33] bring up and we're also listening to [00:45:35] those people just as well [00:45:39] so [00:45:41] um [00:45:42] that's um that's a good point [00:45:46] um and to that I I sort of want to just [00:45:49] say something [00:45:51] um [00:45:54] I [00:45:56] um we were fortunate to have [00:46:01] um [00:46:01] the gaming commission come to our [00:46:03] community [00:46:05] and you may or may not like what I'm [00:46:07] going to say but I was [00:46:09] extremely disappointed by the behavior [00:46:12] with Boeing the applicant my personal [00:46:14] opinion we all have our opinions about [00:46:17] the process [00:46:19] uh what Hardwick is is respectful [00:46:22] and that in my opinion was not [00:46:24] respectful I understand we are crystal [00:46:27] clear the three board members here are [00:46:29] crystal clear that there are people for [00:46:31] this and there are people against this [00:46:34] our job is to sort through all of the [00:46:38] [Music] [00:46:38] um [00:46:40] comments that we get [00:46:42] um and your failings and make the best [00:46:45] decision we can for the community [00:46:47] but [00:46:48] we've all treated you folks with respect [00:46:51] you have treated us with respect people [00:46:53] that come to town deserve to be treated [00:46:55] with respect whether you like their [00:46:57] proposal or not [00:46:59] and very disappointed that we exhibited [00:47:02] that behavior in front of the gaming [00:47:04] commission it's all I'm going to say [00:47:07] um I I had everything I could do to [00:47:10] restrain myself from jumping out of my [00:47:12] seat when that behavior happened for the [00:47:15] head of the gaming the chair of the [00:47:16] gaming commission to ask our community [00:47:18] to pause [00:47:20] to me was embarrassing [00:47:23] um my opinion you have other opinions [00:47:26] certainly I just felt like I needed to [00:47:28] say that [00:47:29] um that's my own opinion Kelly and Rob [00:47:31] can comment or not comment but [00:47:34] um [00:47:35] honestly as a community we're better [00:47:37] than that and I understand that this is [00:47:41] important to a lot of You Kelly and Rob [00:47:44] and I understand that this is [00:47:46] significant not discounting anything [00:47:49] we're just asking that you know we [00:47:52] respect everybody that's in this process [00:47:54] that includes us that includes the [00:47:58] um applicant it includes everybody in [00:48:02] this process so [00:48:04] um again just my opinion take it for [00:48:07] whatever you you'd like [00:48:09] um [00:48:11] uh in the chat came up disturbance of [00:48:14] the piece I did not have that I had [00:48:16] noise so [00:48:18] um that would be [00:48:20] um I think under that particular [00:48:23] item [00:48:25] so [00:48:26] we have this list before us [00:48:29] let's just recap what's on it parking [00:48:32] infrastructure Road impacts to local [00:48:34] departments noise or public disbursement [00:48:38] um [00:48:40] you know the monetary piece crowds crowd [00:48:44] control [00:48:45] um the the boards you know vocation uh [00:48:49] vote on the location [00:48:51] crime and alcohol concerns APR concerns [00:48:55] on whether this is allowed or not [00:48:58] um [00:48:59] uh animal cruelty [00:49:02] um control over the project whether we [00:49:04] lose control local control quality of [00:49:07] life and [00:49:09] um I think that's what I saw [00:49:13] are heard anything else [00:49:21] so are there any specific [00:49:24] um [00:49:26] any specific [00:49:28] [Music] [00:49:28] um [00:49:29] items that you guys want to talk about [00:49:31] do you feel like you have all of the [00:49:33] information you need on all of these [00:49:36] topics or any other concerns that you [00:49:38] have relative to [00:49:41] so I think [00:49:43] I I think we can honestly say that we [00:49:46] probably don't have all the answers to [00:49:48] all of these questions because [00:49:51] we are navigating through very new [00:49:53] Waters [00:49:54] and the process of that would be to make [00:49:58] sure that if this were to happen [00:50:01] we made sure that all the processes and [00:50:04] all the you know the traffic control [00:50:06] study and how we're going to navigate [00:50:09] traffic and [00:50:10] and you know the list goes on and on and [00:50:12] on those things all have to be addressed [00:50:15] whether it's a host Community agreement [00:50:17] or you know I think those things get [00:50:21] addressed as we navigate I don't think [00:50:23] that we can sit here and you know I I'm [00:50:26] speaking for myself I guess but I don't [00:50:28] know how we can sit here and say we have [00:50:31] all the answers or know all this we [00:50:32] don't this is this is very new to all of [00:50:35] us and we would be you know relying on [00:50:39] outside sources and professionals and [00:50:42] and things of that nature to be able to [00:50:44] get through this [00:50:46] if it were to happen [00:50:48] my opinion [00:50:53] I I wouldn't agree with you Kelly [00:50:55] um there's some stuff that when I [00:50:59] understand we really can't [00:51:01] deal with until we get [00:51:04] to get our [00:51:06] group that's [00:51:08] you know that [00:51:10] to us I guess [00:51:11] um [00:51:13] a few things on this list that are [00:51:15] obviously outside of our control [00:51:17] the way people treat their animals I [00:51:19] mean [00:51:20] let's face it we can't we can't change [00:51:24] that [00:51:25] in the world [00:51:27] um [00:51:29] the the impact is real though I believe [00:51:32] on some is going to be real and some of [00:51:34] the people in town and and [00:51:37] I guess [00:51:38] the host Community agreement [00:51:41] if if we go that far [00:51:43] that's when we're really going to have [00:51:45] to get people involved in what they're [00:51:47] willing to accept [00:51:49] they're not I mean some people I know [00:51:52] are an absolute no no matter what no [00:51:55] matter how [00:51:57] um [00:51:58] the problem is I'm with you guys I hear [00:52:01] a lot of we want this in town [00:52:04] so [00:52:06] I don't truly know what the split is in [00:52:09] town [00:52:10] um and from what I understand [00:52:12] try I asked if we could just do a vote [00:52:15] of the public and it was pretty much [00:52:17] said that the best way was for us to [00:52:19] move it forward and if the town decide [00:52:22] they wanted to have to vote themselves [00:52:25] was to do a petition and [00:52:28] try to change our vote [00:52:30] so [00:52:32] um [00:52:33] it kind of takes that up it seemed to [00:52:35] have taken that away from us to even go [00:52:37] that route [00:52:38] so [00:52:41] I feel like I have quite a bit of [00:52:43] information there are a couple small [00:52:45] pieces I'm trying to read up on to get [00:52:48] some clarification but [00:52:51] I mean [00:52:52] I'm still listening to people's input [00:52:54] every day as probably [00:52:57] you two are also [00:52:59] so so I guess I'll say just to put it [00:53:02] out there [00:53:04] um [00:53:07] we have we have a few options [00:53:10] we have three options well two options [00:53:12] we can vote Yes or we can vote no [00:53:15] voting no [00:53:17] um kills the project the gaming project [00:53:19] the gaming commission goes no further we [00:53:22] need our they need our votes to move [00:53:24] this forward [00:53:26] uh voting yes [00:53:29] um moves us forward and [00:53:31] um [00:53:32] allows [00:53:34] um the uh [00:53:36] pound residents to put their petition [00:53:38] forward [00:53:39] and allows requiring us to reconsider [00:53:42] our decision okay if we still uphold our [00:53:45] yes decision [00:53:47] allows for a special election [00:53:51] um to allow the town residents to say [00:53:55] how they feel as mentioned uh by Kelly [00:53:59] there are many many many residents who [00:54:03] are [00:54:04] um afraid to come forward [00:54:08] um and afraid to voice their opinion [00:54:10] because of [00:54:12] um [00:54:13] whatever Their Fear may be [00:54:16] um the special election will allow [00:54:18] people to [00:54:20] um voice their opinion and really let [00:54:22] the Democratic process [00:54:26] um rule on this and so I think that's [00:54:27] something we need to consider as a group [00:54:30] that if we vote Yes that could be the [00:54:32] way the process goes [00:54:35] um [00:54:35] and so a lot for us to consider between [00:54:38] now and [00:54:40] um Tuesday [00:54:42] um [00:54:45] and [00:54:46] um again [00:54:48] um you know there's a comment in the [00:54:49] chat that uh voting [00:54:53] yes allows the racetrack to be located [00:54:55] here again [00:54:57] if we vote Yes and the petition which [00:55:01] we're hearing is [00:55:02] um perhaps ready to go is out there it [00:55:05] allows us to reconsider our vote if we [00:55:08] still vote Yes the special election [00:55:10] dictates whether [00:55:13] um that location is approved or not [00:55:16] so [00:55:18] um [00:55:19] again that those are the decisions that [00:55:21] we individually have to make before [00:55:23] Monday [00:55:25] we don't have to vote on Monday we can [00:55:27] delay the vote on Monday if we don't [00:55:29] feel we're ready [00:55:30] and again I'm seeing [00:55:32] um comments on the in the chat relative [00:55:35] to [00:55:37] um [00:55:38] you know uh it's on their timeline not [00:55:40] our timeline we set our own timeline and [00:55:43] if we're not ready by Monday we're not [00:55:46] ready by Monday we're ready to vote when [00:55:48] we're ready [00:55:49] um but we're trying to at least put some [00:55:53] um [00:55:54] some things in place so that we can move [00:55:56] forward with this process honestly the [00:55:59] board has a lot of projects going on at [00:56:02] the same time the sewer is a significant [00:56:04] project for the board that is [00:56:06] continuously ongoing we we need to come [00:56:09] to some [00:56:11] um opinion decision if the decision is [00:56:13] that we need to we're not ready to vote [00:56:15] on that fine that's something we'll [00:56:17] discuss on Monday but that's something [00:56:19] that we need to determine as a board we [00:56:21] need to put timelines on things for our [00:56:23] own selves to move things forward so [00:56:27] um let's just be clear on that [00:56:30] um [00:56:32] anything else that you want to discuss [00:56:35] Kelly or Rob [00:56:40] don't think so I I want to um take some [00:56:44] time and process this APR and maybe do a [00:56:47] little bit more my own research on that [00:56:49] and I have a couple of other things that [00:56:51] I am also trying to [00:56:55] um you know read up on [00:56:58] I don't [00:57:00] you know I assume legal counsel is [00:57:02] available if we need to reach out and [00:57:04] you know grab an ear in the meantime [00:57:08] absolutely always [00:57:10] thank you thank you Alex [00:57:13] so um Alex from a a legal perspective I [00:57:16] think I know the answer to this but um [00:57:18] the question's been asked is it a [00:57:19] majority or um is it all three or is it [00:57:22] just a majority and I believe the answer [00:57:24] is it's a majority [00:57:30] um [00:57:32] is there anything Kelly or Rob that you [00:57:34] feel you [00:57:36] um want more information before Monday [00:57:37] that I can facilitate getting [00:57:43] not that I can think of right now Julie [00:57:50] so um oh I'm sorry [00:57:53] um was [00:57:57] just trying to think we do have all the [00:57:59] answers to all the questions Alex sent [00:58:02] those already correct [00:58:03] to like the questions that came up in [00:58:06] the hearing you did some of the FAQs um [00:58:08] one of the things we did not I don't [00:58:10] believe we that's a good point thank you [00:58:12] for reminding me I don't think we've [00:58:13] acknowledged receipt of those [00:58:16] um in a meeting so that we can publicly [00:58:18] post them I don't think that we've done [00:58:20] that [00:58:22] um [00:58:23] Kelly and Rob did you have a chance to [00:58:25] review those so that we can get those [00:58:27] posted I don't believe they've been [00:58:28] posted yet I thought they had been Julie [00:58:32] I don't know Kelly there's a lot I mean [00:58:34] no I I could be thinking of other [00:58:36] letters or other [00:58:38] is this a two-page document it was a [00:58:42] that basically we had was there more to [00:58:44] this one [00:58:45] it was it was basically [00:58:47] it was basically the chat and Alex went [00:58:50] through the chat from our last meeting [00:58:52] Alex went through and put the comments [00:58:53] I'm not sure that we've accepted that [00:58:56] and put that out for the public [00:58:59] I definitely bought it so I have no [00:59:01] problem you know acknowledging it so [00:59:03] that we can post it in case we haven't [00:59:07] yes I I haven't all right that's the one [00:59:10] I ever read completely [00:59:23] I'm okay with putting it up there [00:59:26] I would make a motion to acknowledge the [00:59:29] answer you know the FAQ that uh Alex [00:59:32] helped answer the [00:59:34] from the other night in the chat and um [00:59:37] you know make that public to people we [00:59:39] can get that out there on our page and [00:59:42] um wherever else [00:59:44] Angie maybe can oh no it won't be [00:59:46] tomorrow no [00:59:48] unless um we can maybe get into Julie [00:59:50] Marquette or something to post I can [00:59:53] make sure it gets out there tomorrow [00:59:54] okay [00:59:59] any other discussion on that [01:00:01] hearing that I'll call the roll Kelly [01:00:05] aye Rob [01:00:07] hi and Julius and I [01:00:10] um so [01:00:12] um [01:00:12] I'm I'm seeing a lot of conversation in [01:00:14] the chat about the draft host Community [01:00:16] agreement so [01:00:18] um the draft host Community agreement [01:00:20] was received prior to right about when [01:00:23] Nicole went on vacation it's not a [01:00:24] public document [01:00:26] um it is not available for public [01:00:28] consumption the board has not had a [01:00:31] chance to digest it it has not gone to [01:00:33] legal counsel we are in receipt of it [01:00:35] but we have not addressed it yet [01:00:38] um so [01:00:40] um [01:00:41] that's where the host Community [01:00:42] agreement stands [01:00:44] so we have not acknowledged it because [01:00:46] it's not ready for uh it is in draft [01:00:49] format we um have to [01:00:52] um go through and [01:00:55] um review it and that will be done in a [01:00:57] public session [01:01:00] um it will be reviewed by Nicole when [01:01:01] she returns with Council as well so [01:01:05] um you'll need to stay tuned for for [01:01:07] that [01:01:11] Robert Kelly anything else [01:01:15] so [01:01:17] um just the chat we see all the comments [01:01:20] in the chat [01:01:21] um [01:01:24] we will address any comments I will cut [01:01:27] a chat and make sure that we address any [01:01:30] comments that are there [01:01:32] um if there are [01:01:34] um [01:01:36] you know we certainly will address [01:01:38] what's there and try to answer the best [01:01:39] we can [01:01:45] anything else [01:01:46] Kelly or Rob [01:01:48] I don't have anything Julie [01:01:52] it's not like I mean [01:01:55] I think the the [01:01:59] quite a lot and um [01:02:02] I think when we go to do that [01:02:05] I don't know if it's how you guys feel [01:02:07] but I would [01:02:09] say that we would probably put a group [01:02:10] together if you guys I don't know how [01:02:13] you feel about that but my thought would [01:02:15] be [01:02:16] put a group together to help form that [01:02:19] agreement [01:02:20] so it's more than just the three of us [01:02:22] and maybe we get some volunteers to [01:02:25] help us with some of the issues that [01:02:28] people want to address in the host [01:02:29] Community agreement and how to get it [01:02:31] worded and [01:02:37] I think that would be down the road I [01:02:39] don't I don't disagree with that if it [01:02:41] does come down to that um and we we make [01:02:43] it to that point I I think it would be [01:02:46] great to um [01:02:49] to have to have input you know maybe [01:02:51] form a committee or something [01:02:54] yeah [01:02:55] four meetings [01:03:08] so do you wanna [01:03:10] move to adjourn the meeting or was there [01:03:13] another issue that we need to bring up I [01:03:15] don't think so I'm just sort of watching [01:03:17] all the um honestly watching all the [01:03:18] questions come up in the chat to make [01:03:20] sure that we cover them all [01:03:22] um and [01:03:24] um so from a timeline perspective I [01:03:28] believe the town clerk is on [01:03:30] um [01:03:31] and please correct me [01:03:34] um I am Julie [01:03:36] so so [01:03:38] um just for purposes of the board um I [01:03:40] have had discussions with the clerk [01:03:43] um there is a lot of there is some um [01:03:45] commentary in the chat about the [01:03:47] petition [01:03:49] um [01:03:51] so [01:03:52] um [01:03:53] from a procedural standpoint [01:03:55] uh Ryan can you speak to the procedure [01:03:58] just so we're the board is clear on if [01:04:02] we choose to vote on Monday and our vote [01:04:05] is a yes and the petition comes forward [01:04:08] from the citizens uh what we're looking [01:04:10] at timelines and such like that [01:04:15] um thank you madam [01:04:16] so I just forwarded [01:04:19] three of you [01:04:21] Alex a reply that I had received from [01:04:24] the uh general counsel for the Secretary [01:04:27] of State's office [01:04:29] and I had asked her for some guidance [01:04:32] and [01:04:34] shell [01:04:35] shell it is the statue is so randomly [01:04:38] vague [01:04:39] things like they missed including a [01:04:40] deadline by which a petition needs to be [01:04:43] filed in a town [01:04:45] please that at least [01:04:46] at least chapter 43 [01:04:49] Squires a referendum petition to be [01:04:51] filed within 20 days [01:04:55] uh [01:04:56] Alex after the meeting the other [01:04:59] Lauren Goldberg [01:05:00] is obviously in you know KP Watt and [01:05:04] she's also worked with the secretary of [01:05:05] state so so [01:05:07] um before I answer the question uh that [01:05:10] message I'm kind of seeking permission [01:05:12] for for Alex and Lauren to get together [01:05:14] to discuss this because this is this is [01:05:17] the first [01:05:20] and you know my again my interpretation [01:05:23] of the statute is that [01:05:25] if the board votes in the affirmative to [01:05:27] approve the location [01:05:30] 12 of the voters file a petition with my [01:05:34] office protesting the action [01:05:36] than you are to immediately reek now [01:05:39] immediately obviously I think within the [01:05:42] guise of open meeting log guidelines [01:05:45] you're to immediately Recon reconsider [01:05:47] your approval and if such approval is [01:05:50] not rescinded [01:05:51] the question shall be submitted to the [01:05:53] voters of the town and a special [01:05:55] election which shall be called by the [01:05:57] Selectmen and shall be held within 45 [01:06:00] days of the submission said petition [01:06:03] approval shall become null and void [01:06:05] unless the majority of the voters voting [01:06:07] on the same it said election vote in the [01:06:09] affirmative [01:06:10] so my questions really are going to [01:06:13] revolve around [01:06:14] certification process timeline deadlines [01:06:20] and also the star of the 45 days window [01:06:24] will it be when it comes to my office [01:06:27] will it be uh when I submit it to you so [01:06:31] those are the things [01:06:33] that [01:06:34] um that I need to get clarified [01:06:36] um with legal counsel [01:06:43] thank you Ryan hello [01:06:45] oh you're welcome [01:06:46] thank you [01:06:54] so we understand the timeline [01:06:57] um of and and hopefully those folks on [01:06:59] the [01:07:00] from the zoom understand the timeline [01:07:02] who might be [01:07:03] um uh considering this course of action [01:07:07] depending on the way that we vote [01:07:09] um [01:07:10] again the [01:07:13] the board is trying to be very [01:07:14] transparent in what we do and how we're [01:07:18] moving through this process [01:07:21] um and [01:07:22] um just being sure that we're [01:07:24] communicating all the information that [01:07:25] we up [01:07:29] Kelly or Rob anything else [01:07:32] Alex is there anything else we should be [01:07:34] considering while we're [01:07:36] um here contemplating Monday [01:07:41] [Music] [01:07:44] thank you [01:07:46] have all the issues before you and um [01:07:48] certainly gone above and beyond in my [01:07:51] opinion in terms of you know [01:07:56] thank you Alex [01:08:00] okay Callie and Rob if we are set I will [01:08:03] make sure that before we [01:08:05] um if your pleasure is to [01:08:08] um [01:08:12] adjourn I'm just gonna make sure that I [01:08:14] copy the chat so that we have all of the [01:08:17] questions that are out here [01:08:20] um before us and try to address them the [01:08:24] best we can [01:08:26] um [01:08:29] hopefully by Monday but we will do the [01:08:32] best we can [01:08:33] there's a lot of commentary here about [01:08:36] the host Community agreement should come [01:08:37] before [01:08:40] and um [01:08:56] um in the in the chat that [01:09:05] Julie you're freezing up [01:09:14] um [01:09:24] sorry about that [01:09:26] um I'm [01:09:27] coming [01:09:29] um we spent a lot of time uh going [01:09:32] through a host Community agreement [01:09:34] um to uh you know that's assuming so the [01:09:38] folks who are mentioning that [01:09:40] um [01:09:41] you know you want to do the host [01:09:43] Community agreement before we do the [01:09:44] vote the host Community uh [01:09:48] agreement is a moot point if we vote no [01:09:50] so I think that's sort of clear uh we're [01:09:54] spending a lot of time and money [01:09:56] reviewing an agreement that we vote no [01:09:58] is is not applicable so [01:10:01] um I do like Rob's idea about [01:10:05] uh a committee and that's something we [01:10:07] can certainly talk about [01:10:09] um and uh as in uh prior [01:10:13] uh major issues that have come before [01:10:16] the town we've had committees to to talk [01:10:18] about that kind of stuff so I absolutely [01:10:21] um agree that that might be a good [01:10:24] solution [01:10:30] if there's nothing else [01:10:32] um Robin Kelly I will entertain a motion [01:10:36] to adjourn [01:10:37] I would motion to adjourn [01:10:40] second that [01:10:42] so it's been moved and seconded [01:10:45] um [01:10:45] I uh will call her vote but please don't [01:10:48] leave after we vote so [01:10:51] um Kelly [01:10:52] hi Rob [01:10:55] hi [01:10:56] uh Julie is an eye we are joining at 7 [01:10:59] 41 but also want to thank all of the [01:11:02] people uh we've had over 50 people [01:11:05] um 52 people 53 people on the zoom [01:11:09] um certainly want to say to say a thank [01:11:11] you to [01:11:12] um Dave and his team for uh putting the [01:11:15] APR presentation together fairly quickly [01:11:19] um and uh again thank you for all of [01:11:21] your input I have copied the chat so [01:11:24] hopefully we will respond to everything [01:11:27] we can before Monday uh the FAQs that we [01:11:30] talked about tonight we will try to get [01:11:32] them up available uh tomorrow so that [01:11:35] you can see [01:11:37] um Alex's response to the prior chat [01:11:41] thank you everybody [01:11:43] um have a good night and I'm sure we'll [01:11:45] see most of you on Monday [01:11:48] Julie [01:11:49] thank you