Hello and welcome to the Tuesday, October 14th meeting of the Air Planning Board. This meeting hearing the Air Planning Board will be held in person at the location provided on this notice. Members of the public are welcome to attend this inerson meeting. Please note that while an option for remote attendance andor participation via Zoom
is being provided as a courtesy to the public, the meeting hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast unless otherwise required by law. Members of the public with a particular interest in a specific item on this agenda should make plans for in-person
versus virtual attendance accordingly. This meeting will be live on Zoom. The public may access the proceedings by joining Zoom meeting ID 978-772-8220 or by calling 9292056099. For additional information about remote participation, please contact Danny
Ruiz, town planner at druisair.mma. us or 978-7728220 extension 144 prior to the meeting. First item of the business is to approve the agenda. Does anyone have any modifications they want to suggest?
We're good. Do I have a motion for the agenda? >> So moved. >> Second. >> Second. >> Ken, how do you vote? >> I. >> Nathan I. >> Julie? >> Yes. >> Chair votes I. First item of business, a public meeting for 35 to 37 Sandy Pond
Road. Do we have an applicant before us? Oh, could you come up to the table, please? >> Hi, and welcome. And if you would introduce yourselves, um name and address. >> Andrea Greco. >> Jeffrey Greco. >> 37 >> 37 Sandy Pond Road. >> Pleasure to meet you. Danny, could you uh walk us through this, please?
>> Yes. So, um 37 Sandy Pond Road is this existing house right here. Um, these two lots right here are the two lots that went before the ZDA for the um, uh, duplexes a few years back. Um, and part
of this process is to have um, this parcel that's being created, parcel A, it's going to be um, uh, added to uh, this parcel of of the existing parcel for uh, 37. Um both parcels meet the uh
requirements of all of the zoning um all the zoning requirements for this um for the zone of residence A2 um meets all the square footage all of the um uh frontage uh depth you know minimum sideyard setbacks and stuff like that.
Uh so this um this ANR is a pretty uh straightforward one. So, that's the only thing that's happening is these two pieces are being combined to make it a lot. Yeah. >> Okay. >> Does Does the board have any questions? >> No. >> Does the applicant have anything to to say? No.
>> No. >> It's pretty straightforward. >> All right. Um, I move that we uh >> what's the endorse endorse the ANR for 35 and 37 Sandy Pond Road map 28 parcel 151 and map 28-93 and
151 >> second. >> Any further discussion hearing? None. Ken, how do you vote? >> I Nathan. >> I chair votes I. Congratulations. Thank you. Have your lot. >> Thank you. >> Want to sign it? Um, so I'll be I'll have this signed and then I'll be in contact with Kevin just to let him know
that this is ready and then that way you guys can have it recorded. >> Perfect. Thank you. I was going to ask you. >> Yep. >> Thank you. >> And uh we have the continued public hearing for 12 Willow Road. Do we have representatives for 12 Willow? Yeah, I thought we did. Good.
>> Limhut and I forget your name, sir. >> Jim Bil. Jim. Okay. Good to meet you, Jim. Danny, if you would lead us on this. >> Yes. Um, so the uh applicant had uh requested a continuence at the last meeting um so
that they could get through the um conservation commission as well as address the uh open comments that they had from the departmental um review. Uh the applicant did address all of the comments um from the departmental
review. Uh the DPW did sign off that they were all set with comments. Uh conservation commission um was uh also had also felt that they was were addressed except for one item which I
will ask Heather to come up and discuss. >> And this won't be any news to Jim and Lima, right? Okay. Good. >> Yeah. just happened to be on Thursday. Um so the conservation commission and um specifically myself have um some
outstanding questions in regards to the work within the riverfront um on the project. I have a call into D. She did call you back today. Um I missed that call. Called her back. Miss So we're playing phone tag right now. Um so I should have that answer shortly. It's just to to verify that the work that
they're saying they're doing f qualifies under the act. >> Okay. >> Um the commission is fine with that. So we continued our meeting uh that hearing until our next meeting which is next Thursday. But once we have that clarification it is long as everything goes with what the applicant is saying
then we should be fine. And this works in in the way so that um once because conservation now meets before us which helps us so they'll be able to once I know that they've already addressed all the comments and they they can close their hearing then we can move on on the
28th we'll also be able to uh do the same. >> Okay. >> All right. Thank you. I'll just turn over to um uh to Jim to have him walk through the uh changes that occurred. >> Okay. Great. Certainly. So, uh, again for the record, Jim Bile, Goldmith Press, and Ringwell. Um, the three major
changes I just kind of point out is, um, on the easterly limits of the pavement, um, after conversation with, uh, Heather and the conservation commission, they suggested that we, uh, install a, uh, modular block retaining wall in that area so that, um, it would reduce the
amount of grading within the 50-foot uh, no disturb buffer zone of the bordering vegetated wetland. Um, we did look into that and it is a great idea that, you know, definitely minimizes our grading in there. So, we did go ahead and do that. Did slightly bump out the uh
pavement area just so that we could provide a shoulder for the guard rail as well as a little bit of more safety factor for trucks that are turning in that area. But ultimately, it did reduce the uh disturbance in the buffer zone like we were intending. And um our
intent of reducing uh the degraded river area was also met. So, um that's the modular block wall. Um further in the southeast corner. Um in the previous plan, we had the dumpster pad kind of um
off uh to the uh right hand side a little bit more, but we reconfigured it so that it now it falls within the limit of pavement. This allowed us to uh tighten up the grading along the limit so that we could reduce the amount of uh clearing between um the development and
the uh property line. And then the last thing is uh we had had our survey team go out and locate uh trees that are 6 in diameter and larger within the resource area that would need to be removed as part of the development. There was uh some 20 trees.
So now we had relayed that to our landscape architect so that they could uh provide trees and shrubs in uh compliance with the town policy. So, we have those laid out on the landscaping plans, but we also have the trees being removed uh shown on uh one of our
sheets. Um I think those are the um major changes in the plan. Yeah. Um like I guess very quick um limo tip GPR as well. Um just very brief because we had a conversation about it during the sidewalk itself. You know, you guys
mentioned that we like to see planting along uh where we're taking out along the back wall there. Um, you know, we did provide um with the landscape architect with directions to provide a mitigated um composatory tree planting along that area. Okay.
>> On top of the retaining wall itself because, you know, we thought uh we figured, you know, we want to try to get it as high as we can. Um, so we did that. >> Okay. >> So, that being said, we're happy to answer any additional questions. So we
anticipate that the next meeting we may have a decision before us for this and that would include the input from the results of the conservation commission meeting on Thursday. Y >> that is correct. >> Do my board colleagues have questions. >> Is there a detail on that module block wall
>> height so forth? >> It's uh to be designed by others. I think at its uh tallest it's um 11 ft but uh that's going to be u sourced out to someone else to design the structure cuz it's a a structural wall. So >> So it is going to be a structural wall. >> Yeah. >> Okay.
>> Yeah. So that and that requires a building permit, structural engineer and all that. >> Got it. Okay. Just curious how big it was going to be. So instead of going down the slope and regrading the whole slope, you're basically saying we're going to try to leave as much as possible untouched,
build up this retaining wall. And >> that's exactly it. and and ultimately it is more cost but it is a um you know if you're looking at it from an alternative analysis because we're working with within the riverfront it is an alternative analysis that makes sense to
do because it does save more trees and limit our disturbance itself so ultimately it's a good idea >> yeah okay >> it looks good >> anyone else >> y >> uh would anyone from the public like to
ask a question or make a comment regarding 12 Willow. Anyone on Zoom? No. Hearing none. >> I don't see anybody on Zoom. >> All right. Um, hearing none. I'm going to make a motion for a continuence of the public hearing for 12 Willow Road,
Map 23, parcel 26. Whoa. Yes. I'm sorry. I'm sorry. >> I'm sorry. >> Brother, >> go for it. Go for it, man. >> Just want to quickly interject. Um, >> I do want to ask is is this an appropriate time to talk about the waiver request? Um, because you know
>> if you Yeah, we can. >> Are you ready? >> We can talk about the waiver request. >> What do you got for us? >> Um, the the one the one problem is Matt's not here. Um, we would have most likely would have spoken about it during the decision. >> Okay. >> That's So I didn't account for having
him um to have him here for that discussion yet. >> I got you. Uh because that that's the biggest one is that storm water one which he's not here for. Um >> yeah, he did say that he was going to be joining but he's not on right now. >> Okay.
>> Um I think we can discuss during the decision. >> Okay. >> While it's right now, >> would it be possible to discuss all the other waivers? Um >> yeah, get out of the way. >> Yeah, that's that's fine. All right. So, the uh first uh waiver that they're
requesting is um from site plan regulation section 4E3 provide off- streetet parking accommodations within the site plan application in compliance with local requirements. uh request a waiver um request to wave the light industrial use parking requirement for the proposed
development. This site is an established facility that has 33 employees and with the proposed expansion, parking needs are not to um anticipated to exceed 50. 57 parking spaces are being provided and would seem to provide parking beyond the
business needs should it ever be needed in accordance with the waiver requirements plan meets conditions A through D of the zoning bylaw 9.1.8. So in this one um I think it's it it makes sense for this waiver request that they're asking for. Um,
>> yeah, >> it reduces, you know, I know as a collective, as a town, we are looking at ways to reduce how much the parking requirements we have. Uh, reducing impervious area. Um,
as well as, you know, for this one, they do know that they're going to be capped at 50 um, uh, 50 employees. They're not going to be going more any more than that based on this is the max buildout at this point which is the addition that
they're putting on. So, um I think this is a reasonable request. It's it's only seven spaces. >> So, the Sorry. >> No, you go ahead. >> Um it says 57 spaces are being provided. What's the requirement?
>> Oh, I mean um it's it's 60. Uh, it's right here. Let me just scroll. >> Oh, it's a table. Okay. >> Yes. >> Parking components. So, um, what that's >> what the wave >> it was originally.
>> I think this is from when we were discussing with commissioner. >> Oh, that's what it was. Uh remember when we had the discussion initially with Mike about the use that's what it was. >> Um >> so it's a light industrial use, right?
>> Yes. So this there was a >> So this was the potential that um so the applicant had approached Mike about a potential future >> building commission. >> Yes. Sorry. the building commissioner about a a potential future use within the building um which would have needed
an additional uh which which would have needed additional parking spaces. >> Yeah. But >> but uh there was a determination that that did not that that um from Mike from the building commissioner that that's not the uh use that is allow or not that
it was allowed but um I think I believe what what Mike had determined was that the existing use for the existing building encompasses all the various storage um light manufacturing that covers under the industrial zoning
district. uh due to that um the expansion or the addition would be an extension or an accessory to the existing original. >> Therefore does not have to be classified as something else rather is more of an accessory.
>> Um that's the determination to do with the count. >> Um >> because it would have had had the use not been an accessory, it would have increased how many parking spaces. >> So they don't need the waiver. >> So they don't. >> You want to drop the waiver? Yes.
>> Yeah. That's why. So, and as long as the applicant has to drop it, >> the applicant come here tonight to request that the waiver be not requested to >> be withdrawn. We withdraw. >> Withdraw without prejudice. >> So, and that's why so when I write up
the decision, it won't be included. >> So, take it off the plan. >> Yes. >> It'll be off the plan. It'll be >> that'll that'll be updated. That'll have to be updated as well. >> All right. It just had to be discussed uh and brought up because similar to what we asked of the building commissioner the the memo regarding the
property itself and the mixed use and you know the extension of the accessory use um get not um get noted somehow and tied to the property. We just want to make sure that in the future this issue doesn't come up again. >> So they're going to have to record that
decision from Mike uh building commission or whatever. >> So it'll be referenced in the in the decision. >> Okay. Um all right that's what I had on that question. >> So the table is correct. >> So the table is correct.
>> Um the next one which is the uh section uh 4F3 provide uh parking bicycle parking accommodations within the site plan application. The site is an established manufacturing facility with a long operational history. The
workforce has not historically used bicycles as a mode of transportation to this location. The site is located in industrial zone with limited access uh to bicycle infrastructure and no approximate residential neighborhoods that would reasonably support bike
commuting. Given these conditions, we believe the the construction of the bike parking facilities would not serve a practical purpose and would result in the installation of underutilized infrastructure. Um one thing I Yes. So, so one thing that I would raise on this
one, um, I do understand that this would, you know, installing something that may not be used, but it is something that I know we've has been raised by the board as well that it, you
know, we keep getting waiver requests on this and it's something that the town is trying to promote. So I think in my opinion I'd say uh this waiver is not uh I would not grant this waiver. >> Can I ask a question?
>> Yes, you may. Yeah. >> Is this not a terminal? >> No, it's not. Please go ahead. Nope. Please go ahead. >> When I picture infrastructure, I'm picturing that metal. Good. >> A metal tubing thing that goes like this. >> Yes. Exactly. just cemented into the I
don't feel like it I mean I'm not an architect or an engineer but I don't feel like it's a huge lift in the scheme of most of the projects we talk about and there may not be like biking paths around here but I actually looking at my
friend in the back used to ride my bike to my place of employment that didn't have any infrastructure and I now don't right now but sometimes it's nice to have a place just to lock up your bike and I don't know that it's a huge lift. So, I get that a lot of people
aren't using it, but >> So, if I may, um, we did talk a little bit about that. >> Um, they they allow the employees to bring their bike inside a building. >> That's what I was going to ask. >> Yeah. >> So,
can do you want to read the section pedestrian, bicycle, circulation, and safety that they're asking for the I think I think I got it right here. Right. So it's four >> F3 >> F3. >> Mhm. >> So that all that says is the location
and characteristics of any bicycle facilities such as racks, storage areas, etc. >> Yeah. And it's so the the reference is he's referencing this, but it actually should be um the section from the zoning bylaw from section 9.1.9,
which is bicycle accommodations. >> Okay. So, >> so do accommodations count if they have room in their building to hold the bicycle? >> Not under the bylaw. >> It's not a storage area. >> So,
>> to clarify, we that is not it's got that's the wrong reference. >> Correct. >> Jeez, that's two for two. >> What was that? Nine. What? >> 9.1.9 bicycle accommodations. or 9.1.8
I I'll make a comment too chair that is >> go ahead. >> I think with >> Okay, the 9.9 >> distance of commuting is increasing. Um I I see I see cyclists on occasion going
down Central A all the way to Katana Oils. Um, so I I think that and there is there is a residential there there's actually a number of homes right there on Willow >> up in the back >> that are right through the trees.
>> Um, certainly would make a nice commute for somebody there. >> Let me ask the applicant something. Would you prefer to withdraw the request or for us to vote on the request? [Applause] We'll just go ahead and withdraw it.
>> Okay. Thank you. What else are we Okay. So, >> it's moot now. Now, >> it's done now. >> Like you said, two for two. >> Um, so the the So, there's two others which are the storm water ones.
>> You want to wait till next meeting for those? >> We can discuss the second one. The first one which is section 2.8 8 um uh C1G, which is talking about redevelopment versus um and TSS removal and all that.
I that one I would rather wait until we have Matt's opinion on that one um and have him here able to discuss which we'll make sure he's at the next meeting for that. Um storm water regulations 2.10b1. This is a typical one that we do receive
for private developments. Um this is the requirement that uh the um the the applicant provide the town with a easement um on their storm water so that the town would be able to take care of this. This is a requirement we have for
subdivisions so that once you know the project is built and hasn't been turned over to the town just yet the town can then take care take care of that easement um and the storm water. So for typical for private developments we don't require this
>> and with private developments of course the private part is responsible for maintaining the the storm water and I think annual reports. >> Yes. So as part of the decision, we would require uh yearly inspection reports which is part of the operation
and maintenance plan. Um those logs and the inspection from a professional um a licensed professional on the whole system would be submitted to us in October. >> Yes. Go ahead. Through >> the chair, I have a preference to wait
for Matt on this one as well and the DPW >> on this one. >> Yeah. I'd rather have them clarify that they don't need easement. Is that what we're saying? >> No, no, no. That this is private. This is not >> Yeah, but let's wait for those. >> We don't we don't do this on private properties.
>> Access to the land. >> We only do this on subdivisions and that is that is the history. >> We have the infrastructure >> because the infrastructure for us to take care of, >> right? this was written this way so that it would cover all projects in in in a case that you know for some reason
it it was better the the DBW felt that it would be better for them to request the waiver than to just have them request that they get the easement. So it's an automatic and then they request the waiver if it's not necessary. So, in this occasion, which we don't require on private properties because the town does
not want to take care of the storm water system, we uh we always provide this waiver. >> Good. Thank you, >> Julie. Nathan. >> All right. I'd like to make a motion
then. Uh I want to accept uh honor the waiver request for uh storm water regulation section 2.10. B-1. seconded. >> Any further discussion? Hearing none. Ken >> I.
>> Nathan >> I. >> Julie. >> Yes. >> Chair votes eye. >> Right. So that's the waiverss we can cover tonight and then >> another one we'll have to >> wait till next. Okay. >> Which we can, you know, I'll have it written into the decision and then we'll discuss it when um Matt's here.
>> Okay. Great. >> I think we have a motion for continuance. >> Wait. Yes. Come up. >> Pardon me. comments from the public. >> Yeah. Yeah. I Yep. >> Um I just uh had a >> Oh, sorry, Rachel. Because there are 30
grand Harvard road. Um I was just wondering is this considered an amendment to the agenda just because I don't think that you mentioned that uh you would be discussing this um on the agenda. >> So let me clarify on how the agenda
works. It's I just wanted to bring it up just in case there were like difficulties down the road. If it's good, then it's good. But I just >> Yeah. No, it's it's actually good. So, >> okay. >> With Lincoln Hill, that's the only project we were doing that for so that every time there was a meeting, people would spec specifically know what we
were discussing. With smaller projects, we don't do that. >> Okay. Thank you for the clarification. >> Just kindness to Lincoln Hills and the town interest. >> Thank you. I'm going to continue with my motion then. Yes. >> All right. I make a motion
uh to continue wait for the continuous, right? >> Y continue the public hearing for 12 Willow Road to our next meeting on October 28th. >> On October 28th. >> Second. >> Any any discussion hearing? None. Ken >> I. >> Nathan. >> I. >> Julie. >> Yes. >> Chair votes I. Okay. We'll continue at
the next meeting. >> Thank you very much for your time. >> Thank you, gentlemen. Anyone coming up to represent the >> They're on Zoom. >> Okay, they're on Zoom. We got the fields. >> So, DPW already cleared.
>> Yeah, >> I I did say that. >> Never mind. >> I'll bring it. >> So, uh, representative, the applicant for Zero High Street are with us on Zoom. Is that correct? >> Yes. >> Yep. There's Janet. >> Hi. Hi. Hello. Here.
>> Michael's here, too. >> So, >> we have a decision. We have decisions for us for the stormwater permit, inclusionary housing and stormwater permit, and the site plan review. Correct. >> Yes. >> What do do you think the wisest thing is to start with the special conditions
across all at least two of them? Maybe all. So I think we should first go with the open space residential development site plan approval and inclusionary housing decision. >> Okay.
>> Um so with this one um we will go through um the findings because this one has some different findings. Um we can talk about the waiver request which were already um voted on.
uh the the conditions within this one as we've discussed before these are general conditions they're on we have them for every project so there's they're the same nothing has changed within these within these decisions >> um so I think the first thing we can kind of discuss is this one you can
discuss the bindings and then waiverss and then kind of go to the storm water do the same thing and then we can get into the meat of the stuff which is the uh special conditions >> and the waiverss we've already done on the waiver requ voted on though. So we just Okay, we just acknowledge that. Okay. >> So what we should do is discuss the
findings and how do we proceed? Just read them one by one and explain them. >> Yes. >> So the first finding is uh number one, the open space residential development application submission under section 10.1.2.b states, quote, if subdivision approval is not required because a new roadway is not proposed, an applicant may
nevertheless nevertheless apply for OSRD approval under the section. In such case, the application shall be sent site plan review as described in subsection 320-3.5. This application does not propo propose a new ride of way and therefore does not need a subdivision approval. I think
that's pretty straightforward. The site plan contain number two, the site plan contains a design that has provided the foundations for the air planning board to determine that the requirements, standards, and guidelines of the town of air site plan regulations subsection 320-3.5.4 of the air zoning bylaws have been met
in a satisfactory manner. Everyone on board with this talk my colleague. Good. Number three. The air planning board has determined the applicant has demonstrated compliance with the standard for grading and clearing the proposed site forth site set forth within subsection 320-9.6.2D.
>> That is our land and clear. >> That's the land and clearance that we've been talking about. Okay. Number four. The planning board has determined the proposed yield plan meets the requirements under section 10.1.4.D. The planning board has determined 34 units are the maximum base allowable
units. >> Can I go correct? Yeah, go ahead. >> Excuse me. Can I go back to >> Okay. >> Yeah. >> Would it make sense for us to put the heading of that section as well as the zoning
>> add the language of the actual heading? >> Yeah, I can do that. >> Okay. So, you know, whatever that section is, we've got it the text of the section plus the n the digits that represent. >> Oh, I see. Okay, that's helpful.
>> Yeah. So that so you know exactly what the section is. >> Yeah, that's good. >> I can do that. >> Okay. So, this is we're going to get this is a draft that we're finishing up right now. >> Yep. This is a draft. And u the final just like we typically do. Um I'll I'll put in the final comments um and then
have Jonathan sign the final version. It'll get um signed by Jonathan, stamped in with the town clerk. Thanks. >> Right. Number five. The planning board has determined the proposed open space meets the required 50% of open space set forth in section 10.1.3.
C. The applicant is proposing to provide 6.7 acres of wooded open space and an additional 1.27 acres where the storm water system is situated. There will be a total of 8.05 acres of protected open space under conservation restriction.
Number six, the planning board has determined the applicant is meeting the 10% affordable housing requirement set under section SE section 10.3.3 of the inclusionary housing bylaw. The applicant is proposing three affordable units within the development. And finally, number seven, the project site
consists of parcel ID 27-28,30, 41, 65, 70, 189, 213 containing more or less 13.67 67 acres located within heir's A2 residential district. The project site is located at the end of High Street and off Grten Harvard Road.
Two parcels have existing vacant single family homes and the other parcels are vacant undeveloped land. A waiver request I think we addressed at the last meeting and as Danny mentioned the general conditions are the standard boiler plate for just about any project. So the next thing the merits deep
discussion >> just one thing right here we did add so I did amend the date of the latest revision in here. >> Yes I noticed that >> it's October 8th. I don't know why I said June 11th. I was definitely wrong but it's October 8th.
>> That's under number 16 on page uh shoot uh page six. >> Yep. Page six. Correct. >> Thank you. Ken you had a comment before we start talking about the special conditions. Yeah, there and there's some minor comments within this section that you I mean within the decision that uh town council put in.
>> Oh, where are they? >> Uh so so number 12. >> Okay. >> Instead of in they put in each >> 12. Yeah, it's very very minor comments, but town council did review all of these
and um the decision and >> um they added on number 28 it states the member or agents of the planning board shall have the right to enter the site with the permission of the applicant to gather all information. That's That's all. So
>> you took you actually took an extra step here to go to town council to take a look at these. >> Yes. Yes. I >> have used them many times before. >> Yes. Um I mean the So town council reviewed my original template of general conditions
when I first joined. >> Y >> what I did here was let's have a another set of eyes um review the decision. This was also sent to all of the department heads for review as well.
>> We got no comments back from the department heads or anybody else? No. Okay. So, the plans that are dated October 8th, 2025, the change that you made, those are the last plans from the engineer. >> Yes.
>> Yep. >> Good. Okay. special conditions. >> Um, storm water just so we >> Oh, you want to do the storm water? >> Yeah, the storm water and then we'll vote in special conditions because special conditions will be included in both. >> Okay. And then we'll have to go back and
vote on the open, right? >> Yeah, we could. Yeah, we'll vote on both um decisions after. >> Right. With individual votes. >> Yep. >> Okay, good. But then we'll So, let's go over the major storm water then. Okay, gotcha. I understand. >> Special conditions. Then we'll make a formal vote at the end. So, major storm
water manager permit. >> Mr. Chair. >> Yes, sir. >> Can I just make one comment on the open space? Um, and I think this is this is in the general uh in the boiler plate. >> Yes. >> The the modification plans um >> modification
>> just just to point out there's >> what page is that on? uh is page n. >> This is this is just uh clarity for myself and hopefully the uh public that even after a plan is approved there
there can be um items found uh that lead to either a minor modification or major modification. My understanding uh is that a major modification require the applicant to come back to the planning board. The determination
of a this this is I'll make a statement but it's a question that the determination of a major modification is done by the building commissioner. Correct. Yes. So with the basically what happens is when that gets submitted to myself I send that over to the building
commissioner. We meet about it and discuss it on whether or not it's determined to be major or minor. Um if it's minor at that point I at that point will um issue an administrative change letter and uh I will update the board on
that as well. A major modification the applicant has to resubmit for a major modification which then there is a legal notification. Uh same process as we did with this. >> Right. Right. Thank you.
So major storm water management permit uh again the waiverss we addressed at the last meeting and the conditions general conditions are the boiler plate standard and the special conditions are shared with the uh previous uh document and then we can go after. So let me let
me do the findings then. So the findings include number one, construction site site, storm water runoff and post construction storm water run storm water discharges may permanently alter the hydraulic response of local waterersheds and increase storm water runoff rates and volumes which in turn may increase
flooding, stream channel erosion, non-point source pollution, sediment transport and deposition and decrease groundwater recharge. >> Number two, >> yeah, I would think so. >> May not per say. Okay. Sounds kind of >> I was going to say that doesn't sound
right. >> Let's correct that. >> I risk finding. >> I was saying either the second finding is going to say all of the above has been addressed or there's a mistake in the wording. >> Yep. >> So, let me reread. construction site. Storm water runoff and post construction
storm water discharges may not permanently alter the hydraulic response of local wersheds and increase storm water runoff rates and volumes which in turn may increase flooding, stream channel erosion, non-point source pollution and sediment transport and deposition and decrease groundwater recharge. Well, that was a significant
find. Number two, >> what was the what happened there? >> I I missed a word. >> It was okay. It was a blip. No word. >> Yeah. >> Yep. That's on me. >> Okay. Okay. Number two, construction site stormwater runoff and pro
construction stormwater discharges. Uh now this is another one says can adversely affect. So what's what's the story here? cannot >> cannot construction site stormwater runoff and post construction stormwater discharges cannot adversely affect public safety,
public and private property, surface water, groundwater resources, drinking water supplies, recreation, aquatic habitats, fish and other aquatic life, property values, and other uses of land and water. Number three, it is in the public interest to regulate construction site stormwater runoff and post
construction stormwater discharges in order to minimize the impacts identified above. Number four, the applicant should also be shall also be subject to the town of air water town of air storm water regulations. And finally, the site consists of parcel ID 27 through 28 30
41 65 701 189 213 containing more or less 13.67 acres located within the heirs A2 residential district. The project site is located at the end of High Street, North Graten Harvard Road, two parcels of existing single family homes and the other parcels of vacant
underdeveloped land. Yes sir. >> Should we say instead of may and can not should not >> or will not >> will not is a little I think what we're saying is to
>> sh will not >> like shall >> shall not >> no >> no >> I mean this wording is what I got straight from our regulations. So how we want to >> oh if you want to keep it >> but the regulation is one thing this is our finding >> our finding.
>> Yeah. So the finding is straight from the regulation. It's from our from our um actual uh the wording within it. >> Yeah. that we've gone through analysis and to the best of our ability
we these findings I would say you know should not occur you know what I'm trying right like we aren't we leaned on experts >> we should the word should be should >> but I think that the where it's cannot
is acknowledging uh our the legal status status of things that you cannot build. >> The second one is cannot the first one is I I would say um I mean this wording is from our regulations. It says may may
not permanently alter but if you want to say something differently >> I don't think we can go to court and say we said we may not you may not do it. it. We don't know what all the Mays are. >> I mean that I'm just telling you this is straight from our regulations. >> I agree. I'm not
>> I mean the AG the AG approved the a the regulations. So, >> right. >> It's their it's their burden to to follow that and if there's an impact they have to address it. That's basically what it's saying, >> right?
>> Okay. So, uh, >> even though it was in the regulations, you you typed this out yourself is what I'm getting at. You didn't cut and paste the regulation and drop it in there. >> That's why I lost it on >> You had to put the regulation up there to just double check that it's exactly
what we're doing. I actually lost a whole decision on last week when I was writing it. I came back and it was gone. Yeah, I was happy. They might be in the dialogue.
I think it's in the dialogue. [Music] The overall insist. by the application. [Applause] I can go back through the um through the regulations. Um it's in the regulations. >> Yeah, I think it's in the regulation. Um
>> we can I can go back through that before um Jonathan signs it and make sure that it it matches correctly. >> I just I don't want to spend too much time. >> Yeah. It might be good. >> No, it's there's several p there's several pages.
>> Is is there a sunset on that language? Is as long as the how long does that language persist? >> Oh, it's with the decision once it's recorded, it goes with the >> once the but once the property once it's permitted, I mean, how long into the
future? >> Even even post construction. That's how all some are. >> Yeah. I'm just, you know, we're all taking a closer look. >> So, like if if if there's an issue years down the road, that's why we also um one
of the uh conditions is the security. >> Mhm. >> So that if anything does happen, it can be addressed. But the requirement would be under the whoever at that time is the owner, whether it's the trustees or if it's still the or if it's the applicant at that point still, um it needs to be
it would need to be addressed. That's just under the state law for the MS4 permit. >> Can Can I say one thing? I don't know if this is appropriate. >> Oh, yeah. Would Janet, go ahead. Um, I just wanted to say that the way I
read it was that those two statements say what can happen and that number three is just a qualifier for it saying since those two things are possibilities, it's in the public's interest to regulate this and to require this permanent.
>> Yes, that's the way I read it. Y >> so I thought it it read correctly like all of those terrible things can happen and that's why it's in the public interest to regulate this and that's what you've done but that's just
>> oh and keep it as a pos one and two would be positive statements >> right they would >> yes they would say that all those bad things can happen which you know then and that's why you've regulated and required all of these um design
>> criteria >> criteria in order to minimize or prevent those. >> Number four takes care of the whole thing too, doesn't it? The applicant shall be subject to the Yes. >> The whole thing. >> For what it's worth, that's how it's
written in the the other decisions you've done that it's made. >> Yeah. >> Without the negative. Is that what you're saying? >> Okay. So, it is written. >> So, it is right. So it is right. >> Okay. >> We may have just >> give me that again. >> So the way we had it written in all the
other decisions it was correct >> had the cannon. >> Uh no without the with the edit without the edits. >> So that these are risks. >> These are correct. So and town council did review this as well. >> Okay. >> So the first two statements are basically saying these are possibilities. >> Exactly. >> That can happen.
>> Mhm. >> That's that's kind of the way I've thought about it. It's a possibility. >> Yes. I think that what would be helpful if the words >> we regulate it by what we did. >> Yes. >> It says you have to apply with all the som regulations in their response to it. >> Yeah.
>> I think that would be helpful and I I don't want to do this if it contradicts the language in the regulations. But if you could do this be just leading the both of those statements with given that given that construction blah blah blah blah given that and then three >> blah blah then it all of a sudden it all makes sense right?
>> You know what I'm saying? Right. >> Before we go this get this language right >> that with number three being therefore it is >> yeah you could there >> because I I had town council review this based on our regulations. >> Yeah.
>> I know this was >> so you didn't have a typo. >> So I guess I didn't have a typo. I when when you had well when you initially read it I thought I wrote something wrong. >> Right. Okay. I get it. >> Okay. So, >> so I thought I was cor incorrect.
>> All right. So, the knots are coming up. >> Yeah, I would say yes based on how we cuz this is how we've all we've had it written in all the other decisions as well. >> Yeah. Okay. That must be the way it's in the regulations. >> Yeah. And I will confirm that.
>> Okay. Makes sense now. [Applause] >> Um and so the waiver requests we already had addressed the same. They're the same waiver requests. >> Same waiverss. >> Um the general conditions on this one
are not exactly the same as the other one, but these general conditions are general conditions that we always have with every storm water management permit. >> And did you get any changes from the attorney? >> Yes. So, this one also had the same ones, which is >> the same exact date >> 12 each, the date of the decision,
>> number 16, the date, >> and uh number 26 >> with the permission of the applicant. >> Correct. >> Okay, great. >> So, that brings us to special conditions. Yeah, that's the important one that we should pull up. And >> so the way this is going to work is that
we as the board will go through all the special conditions and we'll take public input after we've gone through all 30. We'll take input, but we're going to march through this together. Okay. First special condition open space. Uh just stop me when you guys
have a point of contention you want to discuss. This development result in the con uh creation of two open space parcels OS1 comprised of approximately 3.90 acres and OS2 comprised of approximately 2.88 acres. Number two, the proposed easement area of
approximately 55,325 square ft shall be included as part of the conservation restriction. So, >> okay. What's up? >> Utility. You'd have to add the word utility easement. >> The proposed utility easement area.
>> Yep. Otherwise doesn't say which easement it is. >> Okay, >> Nathan Julie. >> Mhm. >> Yep. >> I actually might I might even say more than that. >> Storm water.
>> No, it's it might be utility and storm water, but is it both? But it's basically utility easement. >> Yeah. >> Does it does it have to say does it have to demonstrate the utility easement shown on such and such a plan or anything like that? Is it just a >> No, because the plans are referenced in the decision.
>> So the 55 325 ties right into that. >> Yep. >> Okay. But I need that word utility in there, I guess. >> Yep. >> We good. >> Number three, the existing driveway easement of approximately 7,022 ft serving the properties of 30 Grten
Harvard Road, map 27, parcel 66, and 28 Grten Harvard Road, map 27, parcel 64, shall not be included as part of the conservation restriction. Number four, holder of the conservation restriction will be conservation commission and the holder of the land
will be condominium association. So we need the articles 'the' there in each instant. Yes. And Nathan, you have comments as well. >> Um, should we say air conservation commission? >> Yeah, Danny. >> Yep.
>> Julie can Yep. I think so. >> And what about the condominium association? Does this condominium have a name yet or? >> They don't have a name just yet. that that'll be done later at a later date when I um >> and so that's why I didn't put in a name.
>> Okay. The properties >> these these are highlighted in yellow. >> Yes, I had them highlighted in yellow because um I still had didn't um was waiting on comments from um the conservation commission. So, but so the highlight does not need to be there
anymore. >> All right. Number five. Oh, >> I got a question. >> Okay. Yep. Does something like this fall need to be in the special conditions of the property? The fact that it's who's got the condominium, who's got the conservation restriction, stuff like
that? >> Yeah. >> Because it's special to this project. >> Okay. >> So, a special condition is typically something that is only specific to the project that you're dealing with. I just remember it being in other uh decisions like this, but other conservation
restrictions >> and there are there's reasons why it's there now. >> Okay, thank you. >> Fair enough. >> All right, number five. The conservation commission will hold the conservation restriction money is put aside in an escro account each year to reimburse the commission for costs associated with
monitoring and if public access to the open space is granted within the CR with the possibility of trails on the property. Uh, yeah. >> Yeah, I was going to say, >> would you mind coming up?
>> All right. Wait a minute. So, the >> Let's have that. So, Nathan, you want to go first? >> Yes. Uh, money is being put aside for two reasons. Reason A, there's costs associated with with monitoring. Uh, reason B
is what? So the the money is just for the cost associated with the monitoring correct. >> So what okay so what is the end? >> So then maybe this is just a sep this is uh what the um the uh requirements that
the conservation commission asked for for them to take the conservation restriction. That's why the comma is there. >> Nathan, >> if Okay, so the conservation >> separate item >> restriction. I see. The conservation restriction is accepted on two
conditions, >> correct? >> If there's money and if there's public access. >> Mhm. >> Okay. Would be nice if that was maybe >> you'd rather have it spelled out like number one and number A and B. A and B.
>> I can >> Yeah. Something just >> Yeah. Okay. Um Oh, if So my first is and I I'll I'm not interrupting but just go ahead clarify. I want to clarify the applicant is in
agreement with this condition. >> Janet. Sorry. Yes. >> All right. And then Nathan, will you finish your comment before? >> Thank you. >> Ken, do you read a comment? >> I'm gonna wait. Are you all done? Nathan, >> five. >> Excuse me. >> Yes.
>> Um, yeah. So, I asked this question. I think I went to the conservation commission meeting. I might have asked the same question. What if we do not agree to these conditions? Who takes it then? >> Well, so it's not for the planning board to decide if you agree to the um access
of the open space. It's it's not it's for the applicant to decide whether or not they're because it's their property. They choose whether there's access or not. The only time you guys have the ability to choose if there's access is if they're asking for a density bonus. >> Oh.
Okay. >> So, the applicant has basically said they have no problem with the conservation restriction allowing the possibility of trails. >> Mhm. Would you like me to state why the commission has that request? >> I get it. Yeah. Um
>> I understand you get it. I just know if anybody else had the same question, >> please. >> Okay. So, um conservation restrictions are basically done in perpetuity. Um it is more or less impossible to update and change a conservation restriction. So to
put in the language in the conservation conservation restriction that public access is not granted would basically take that parcel of land and say for the eternity that the town of air exists and that conservation restrict restriction exists. No public access can can be on there. That's saying now that's saying
30 years from now 5 years from now 100 years from now. We don't know what the landscape of the town will look like at this point. So to have that language not in there and not allow public access in my opinion and the conservation commission agreed with me it'd be a disservice to the town with the
possibility that we could at some point that's way down the line in a crazy pipe dream we all have I might have to connect this property all the way up to the high school. >> Okay, further questions on that one.
>> So when we when we grind through the actual ation restriction in the future. Do we does that come before our board? >> No, it does not. >> Just go to myself. >> It'll go to um Heather. I'll review it as well. Um it'll then go to um the applicant will write it. It'll then go
to um EO E for any draft comments. They'll do the address those comments. >> It'll then go to conservation commission for approval and then to the select board for approval. Then back to EOEA for final approval. and then it gets recorded.
>> Okay. So, how much money? >> Very long process. >> How much money do we put aside? >> It's not stated. It just says if money >> $5. >> It's not stated. Um I I did reach out to one of the agencies that we use now for monitoring. I did not hear back. Um in
the curly circle um conservation restriction, uh it lists in that one and I believe there's another one. So, it's actually in conservation restrictions now that the town has passed. Um 2,00 up to $2,000. Um, I think my I think when we get to the actual language of the conservation restriction, we would
hammer that that amount out because that could be later from now and I don't know what inflations we'll be doing at that point, but I would assume it'd be around that if not a little bit more. >> Yeah. >> And it would say strictly up to so it wouldn't be a blanket amount. It would be whatever it cost the commission to do that monitoring.
>> Nice. >> Okay. Good. Number six, just want to note lowercase M for motorized. No. >> Yes. >> Number six, no motorized vehicle shall be allowed on the open space unless used for maintenance of the proposed utility.
>> Number seven, there shall be a split rail fence, boulders, and or signage to demarcate the open space line along the back of the homes approved by the conservation agent and town planner. There shall also be signage stating open space beyond this point, no mowing or dumping, or similar wording approved by
the conservation agent and town planner. this condition shall be included in the condominium documents. >> So, one comment um I received from the applicant was to remove the split rail fence section. >> Um >> uh they're most likely going to lean
towards the boulders and the signage. >> And the reason for not using the split rail fence is uh you know the update maintenance. >> Yeah, the maintenance. >> Every few years you got to replace them. >> This Oh, did you change that? >> Yep. As you're going, I'm also going.
>> Number eight. >> Oop, sorry. >> It says it says there'll be boulders and or signage. Then it goes on to say there will be signage. There shall also be signage. >> Yeah. So, the signage is going to be required, right? >> Um boulders are an added if if they
would put those and and the applicant did say that they were most likely going to put boulders as well. And the good thing with this one is because it's a con a condominium um as the next um condition shows like they
have to show the neighbors or the people that are living there aren't taking care of their yards. It's going to be handled by a landscaper that the condominium association hires that will be required to maintain uh the open have the open space plan in hand so that everyone knows where it is
and that they wouldn't be allowed to dump or any of that stuff and that's would be reviewed by me when I the condominium documents come. >> So I agree with all that stuff because we've done it before. This particular open space has an unusual shape to it
and an unusual line to it. Mhm. >> So somewhere right on that line, we're going to have a row of boulders is basically what we're talking about. >> Mhm. Along the areas most likely where there's not a retaining wall >> or something like that. >> Yeah. Okay. >> Backup homes. >> Yep.
>> A copy of the open space plan and information regarding the open space shall be given to the home home buyers prior to closing to ensure they know the open space is protected. The applicant condominium association shall be responsible for making sure homeowners do not encroach or cause adverse impacts
to the open space. This condition shall be included in the condominium documents. >> And the reason that's this got put in as well was because we have a um there's a current project on Shaker Mill Bond um
that this uh exact thing occurred. None of the residents knew that it was a protected open space. They were mowing it and they were they had put sheds on it and stuff like that. So, this is to make sure that that none of that happens.
>> Okay, good. >> All of this language involves the new homes that are being built and the open space between those homes and the open space on the the land. >> Mhm. the open space also whats a joining property.
>> Yeah, we can't we can't govern what other properties do. Obviously during um you know when >> So you guys must have talked about this in the past that if a homeowner that's living next to the open space would go over the open space line that's not regulated. Is that what you're saying? >> No. Okay.
>> It's regulated not by >> signage there too. >> So it's not regulated by the um condominium association. It's regulated by who holds the conservation restriction. So, if Heather goes out there and sees that this property has a
shed that's into the open space, she will send them a formal letter to get it removed. And then there's a process for that. >> And that's written out in the conservation restriction. Same with Yeah. cutting trees and stuff like that.
>> But we can't govern what other people do. We can only govern what's on what's being done through this property and this applicant. >> Okay. So, we can't put the same signage against those lots. >> Oh. Oh, yeah. No, we can we can >> not saying put boulders there. I'm
saying would would the open space be marked? >> That's what I thought. Yeah. >> Yeah. And all and all boundaries that should be marked. >> Oh, okay. That's what that's why I'm saying it refers only to you know the news part but it doesn't refer to the entire perimeter that could be affected
by anybody around the >> perimeter. That is correct. So would you >> I think there's actually a situation potentially there now where someone may actually be putting things across. So anyway, okay. So, >> so I can add another condition that says um the uh open space
signage um shall be installed >> along the along >> you guys. I mean, do you have any thoughts on that? Anybody else? >> Property boundaries or conservation restriction
boundaries, >> right? Can I ask a question about that when when there's an opportunity? >> Yes. >> Sorry. Go ahead. >> Um are you thinking like um one sign per property or I mean
>> Yeah, it wouldn't be a lot. We wouldn't want that. >> There's 7,000 I think there's 7,000 ft. >> Yeah. No, it would be most likely one sign, one sign, you know, between one property line. If it's a really long
one, then most likely it'd be two. Um, but that would be worked out with Heather and me when we're out when we're actually dealing with the conservation restriction. >> Okay. And I did hire um well, we have engaged uh Ross and Associates to >> um put pins in in all of those areas
where there aren't any so that it's like much clearer. So, That'll um I think that'll help. >> Okay. Number nine, granite bounds shall be installed at every lock corner of budding open space parcels along with appropriate open space signage
referenced in special condition. Number seven, >> it's already in there. >> So, um one thing on this one, the applicant has requested not to have granite bounds. They've requested to do rebar with a cap on it. Um there is no requirement within our um
our bylaws or regulations that it be granite bounds. You know, typically my preference is granite bounds because I know they won't move, but um I've seen rebar with caps where they show exactly, you know, they're these big caps that show
>> Yeah, I know what they look like. and you know, so it's kind uh the the applicant did request to remove the granite bounds and just use iron uh rebar with caps. >> So typically the this kind of language
put into subdivisions where lots of have corners >> not in a site plan. >> No. >> So it's kind of a different >> It's kind exactly >> the fact that it said lot corners. This is one lot. >> Yeah. That's why it says it only has one lot, >> right?
>> But I think you know >> bar with the with the cap works as well. >> Mhm. >> All right. >> Okay. >> I'm good with that. >> Number 10. The conservation restriction shall be completed and recorded prior to the issuance of the final certificate of occupancy.
Number 11. Prior to site work commencing, the applicant shall stake the limit of work in the proposed utility easement. The applicant will notify, excuse me, the town planner and conservation agent when this has been completed and have a site visit to review which trees wooded areas can be saved during construction.
Number 12. Any trees are determined to be kept. The applicant shall put ribbon and/or put orange construction fencing around them. Number 13. So number 13 was removed because in speaking with I know >> with the with the applicant the reasoning behind it was they're going to
use waddles and sil fence along all of the limit of work so that they there's not going to be areas that won't have it >> and that was what were requested be put on the plan when the last change was made. So >> yes. Yeah. So we don't we're they're not going to have orange construction
fencing. They're gonna have it all along the um storm wa the the edge of the limit of work as well as the um easement. >> Okay. >> So, it'll be very you you'll be able to see exactly where it is. >> So, going forward, the numbers I'm
referencing are the new numbers, the corrected numbers. Okay. >> Oh, boy. >> Well, I have it on mine. It's not on yours. >> Yeah, you do, too. >> That's fine. Don't worry. I I >> number 13. Three dwelling units are to be restricted to allow for occupancy by
individuals meeting the requirements for affordable housing. The applicant shall work with community development to develop the appropriate restriction which shall be recorded. Number 14. The first affordable unit shall be created with or before the fifth the seventh I'm sorry single family home and the second affordable
unit shall be second affordable unit shall be created with or before the first duplex and the third shall be created with or before the 20th single or second duplex. >> Yeah. And so this is this is um with
discussions with Alicia who handles the affordable housing information. Um she suggested the seventh um single family, the first duplex, and then either the the 20th single or the second duplex because the the decision hadn't been
made on whether it's a single or duplex. That's the third unit. >> Okay, fair enough. Number 15. The three affordable units shall qualify the Massachusetts LIIPLAU designation through the Executive Office of Housing and Livable Communities. An application
for three LA units shall be submitted to EA EOLC, the Economic Office of Housing and Liable Communities. >> What is it? >> The Executive Office of Housing Livable Communities >> and Livable Communities Prior to building permits being granted.
>> Okay. So, can you just give the LIP? I think I know. But does Lau >> um limited action unit >> limited action unit >> number 16 >> a new term that's >> No, it's something that >> added. No, >> it's always been lip sl
>> Yeah, lip lau. It's it's something that's been around for quite a while, but typically what we hear, we never reference them as lip or luau. We usually just say shi units. That's just an overall, you know, term. >> Okay. The three affordable units, this
is number 16, shall be and remain affordable in perpetuity and shall be marketed to eligible in households whose annual income may not exceed 80% of area media income adjusted for household size as determined by the United States Department of Housing and Urban
Development. The affordable units and subject to approval by EOHLC, the affordable unit shall be eligible to be included in the town subsidized housing inventory as maintained by EOHLC. Good. Okay. Blasting
17 and then there's sub sections AB CDE E and F. The applicant shall submit for a blasting permit through the fire department and as part of that permit the following will apply. A. The applicant shall submit the pre-blast surveys to the fire department prior to the commitment commencement of blasting.
B. The applicant shall hold a meeting with the abutters to discuss blasting prior to the commencement of blasting. C. Prior to the commencement of site work, the applicant shall review the blasting plan with the fire department and provide insurance certifications for both the applicant and the blasting
firm. D. The applicant shall have the proper signage and notifications that all the neighbors are properly informed when blasting will occur. E. The applicant shall adhere to the approved blasting hours 8:00 a.m. to 3 p.m. from Monday through Friday. No blasting is
allowed on weekends, lowercase B. F. The applicant shall submit blasting reports at the end of the week to the fire department. Colleagues, we all good here. >> Sometimes he uses the word abutis and sometimes you've used the word neighbors. Should we just >> Oh, let me let me be consistent.
>> What do we want to do? >> A Butters do I think? >> Well, there's a Where did you see >> I see it in >> So neighbors that one's different. Yeah, that is different cuz the butters are the ones who are going to get the pre-blast survey.
The neighbors are anyone within the vicinity that's that could hear or could that would be in the vicinity that driving by so that they know that blasting could occur. >> I wasn't in a butter to Stratton Hill but I technically got the blasting notice. >> Yeah, I get it. All right. So, works the
way it is what you're saying. >> Okay. >> Um for E where it says no blasting is allowed on the weekends is that we had also somewhere in there we had also said they're not working on holidays. holiday. >> Oh, no weekends or holidays.
>> Regular hours, right? >> Yeah, it's it's in the regular hours, but it's good to just >> Saturday. So, I just didn't know. >> Yeah, it's good. >> No blasting on holidays. >> Yep. >> Is that just a quick question on this? Um,
>> did we put in the um documents uh section, the material section? >> Yep. >> The um you did. Okay, got it. Just checking. >> Item five, safety plan for blasting ledge submitted 716 2025. I just want to make sure that coordination.
>> I've referenced every material that was submitted. >> Okay. Well, it's worth >> Yeah. No, no, good question. I just just >> All right. Traffic mitigation 18. The applicant shall be responsible for implementing the traffic mitigation recommendations stated in the
transportation impact assessment dated November 20th, 2024 created by Vaness Associates Incorporated. 19. The applicant shall submit a construction traffic management plan for approval from the DPW and police chief prior to starting work. This shall include temporary truck traffic route
signage. 20. The applicant shall require all construction traffic to enter the site via Washington Street to Highland Avenue to Winthre Avenue and then into the site. Site work done at third at the 38 Grten Harvard road site shall use Graten Harvard Road for access. 21.
Construction vehicles shall not be allowed to use engine brakes on the designated construction vehicle traffic route stated above. 22. The applicant shall work with the DPW to take photographs and document the existing conditions of the roads roads used for truck traffic referenced in special
condition number 20. 23. The applicant shall reconstruct the portion of High Street between Winthrop Avenue and the entrance to Lincoln Hills development. Work shall meet all air department of public work standards and include a full depth reconstruction of the roadway. B. Construction of a 5 foot
wide by two-minute sidewalk in Cape Cod Burm on the southern side of the roadway. C. Painted crosswalk, stop bar, and stop sign for the High Street westbound approach to the Winthrop Avenue intersection. D. Stop sign and painted stop bar for the Winthre Avenue southbound approach at the High Street
intersection. Number 24. The applicant shall paint a crosswalk and provide crosswalk signage of the existing painted midblock crosswalk on High Street. >> 25. It's >> in the middle of it. It's >> one. >> Yeah.
>> Uh the applicant shall reconstruct the existing sidewalk along the frontage of 15 Winthrop Avenue, Noa Park Assisted Living. The replacement sidewalk and curving shall meet all Department of Public Works standards. A concrete a concrete ADA compliant handicap ramp will be constructed at the high street
intersection number 26. Then there's a comment here. >> Mhm. >> So after I read it, if you will comment on Yeah. Applicant shall provide a monetary contribution for construction of a new sidewalk on Home Street and a portion of William Street as described in the memo from the Department of
Public Works dated July 3rd uh 2025. What's the comments? >> Yes. So, on this one, town council uh asked that we memorialize an amount um if it's been decided. And for this one, it was uh $10,000. >> So, would you would just put provide a
monetary contribution of $10,000? >> Yes. >> Okay. All right. Miscellaneous. The applicant shall submit a construction schedule on the preliminary inspection schedule to the planning department and DBW for review and
approval prior to construction. 28. The applicant shall submit DPW related permits and provide DPW inspection as described in the Department of Public Works memo dated September 3rd, 2025. The uh 29. The applicant shall provide internal water booster pumps for certain
units as required by the Department of Public Works. Imagine that's internally worked out. Okay. Number go ahead. >> I was going to change it to if required, but as required is the same. It's the same thing. Yes. >> Number 30. The applicant shall submit uh
schedule of costs for the construction of ways and required improvements therein. Infrastructure to provide services and utilities to the propo proposed development, storm water management facilities and similar elements here and after referred to collectively as the improvements be assured by means of providing
appropriate security. 31. This schedule of cost shall be reviewed by the DPW to ensure that the bond financial shity shall sufficiently cover the cost of the improvements associated with the proposed development. And there are comments for 31. I'll turn to Danny after I read it.
The applicant shall enter tripartate uh uh a tripartate agreement with the bank and the town of this agreement shall be reviewed approved by the town of Council. Okay. So this >> the shall enter a tripod. >> Oh yeah. No,
the so on this one, town council stated questions if the board has the authority since this is not a subdivision. This was uh a discussion we had with the applicant and they agreed to do this. So yes, it's not a subdivision, but the applicant did agree to do this.
>> Okay. 33. Any bond or financial security acting as a performance guarantee for required improvements that is held by the town due to the applicant's failure to fully and properly complete set improvements may be applied by the board for the benefit of the town as provided in mass
Massachusetts general laws uh chapter 41 subsection 81Y. The town may apply such funds to offset the cost of completing the incomplete work. If such proceeds do not exceed $100,000 or whatever sum is applicable by statute at the time, the expenditure may be made without specific
appropriation under Mass General Law Chapter 44 subsection 53 provided that such expenditure is approved by the select board. >> Mr. Chair. >> Yes, sir. >> Um what board? The board. >> The planning board.
>> Yeah. Well, >> so it's this I took straight out of our bylaw. That's um so uh >> I can add planning board if you for so it's >> Yeah, that'd be great. >> Number 34. The applicant shall ensure that snow storage locations shown in the
approved site plan are followed and that snow is not piled along the back of the visitor parking as shown on the site plan. Prop proper signage showing no snow storage along this visitor parking area shall be installed. Number 35. The applicant shall be required to give the site plan showing the allowed snow
storage locations to the company of the handle snow plowing. This condition shall be required to be included in condominium documents. 36. Prior to the condominium documents being recorded, these documents shall be submitted to the town planner for review. >> The chair. >> Yes, sir.
>> So, do we need to add the word for an approval or just review? >> No, just review. I I don't I don't >> there's no authorization beyond >> No, it's just to make sure that whatever conditions we talk about within here are referenced in there. >> Okay.
>> Number 37. Uh eco-friendly fertilizers shall be allowed and no herbicide shall be allowed for maintenance post construction. This condition shall be included in the condominium documents. Storm water number 38. The certificate of completion shall be recorded at the Middle Sex South Registry of Deeds by
the owner and a copy of the recorded decision be submitted electronically to the planning department number 39. >> Yep. >> So the certificate of completion we're talking about here is in reference to the stormwater regulations. >> Yep. >> Rather than anything else rather than
the houses or the roads or >> correct. So does it need to say certificate of completion in accordance with our storm water regulations or something like that? Right. I'm confused. It could be more than one type of certificate. >> Yeah. So the reason that's why it's under storm water because we usually add
this as a condition under our storm water under our special conditions. But if you want to specify um for completion as required by um >> just should it just I guess maybe it just could but does it make any
difference maybe to say storm water regulations or just storm water if it says regul I don't know >> well that's the pro it's some of this storm water regulations >> it's just storm water >> yeah just storm water in general >> so I guess I would add the if you if you
guys think it makes sense I would had something that says as required by the so regulations. So there's no question as to what certificate of completion it is. Okay. Okay. Number 39. >> Okay with that, Danny? >> Yep. >> Okay.
>> A stormwater maintenance fee or bond shall be required to ensure the operation and maintenance of the stormwater system. The fee or bond would be based on a cost estimate providing the value of 5 years of the operation and maintenance of the stormwater system. And just so on this one, it's not held for five years. It's the cost
of five years that gets put away in case something needs to be done. >> And number 40, the applicant shall be responsible for reconstructing the existing catch basin and covert in front of 38 Grten Harvard Road. The DPW is responsible for designing plans for this
reconstruction of the cas basin and culvert. >> We're just going to go back Kent to 39 Danny. So the they're going to put five years worth of money in there. Could be 2,000 a year. It could be 10,000. 10,000 just stays in the fund >> and moves ahead. If it never gets used
until year seven, >> then it gets used then. >> Exactly. >> Okay. >> So, first uh open to board colleagues for any comment or discussion. >> I just wanted to if I could go back to
um the bond on on the work and and the town council's comment. So I guess we know 32. >> Yeah. 32 and 33. So >> Mhm. >> This is an exception because the applicant has agreed to it. >> Uh typically we can require it as you
mentioned in a subdivision. >> This not being a subdivision. Site plan doesn't require it typically in our language. >> Um >> so do we have any apprehension about his comment? I just it's covered now that >> so if the applicant was opposed to doing
this I mean the applicant is the one who approached me about this um saying that they would they would um would be would be be interested in doing this. If the applicant was saying no and we were to enforce that that was definitely that'd be grounds for an appeal that would
definitely be overturned. >> Okay. Just double checking it. And the rest of the language in in 33 is the typical language that would be >> straight out of our performance guarantee >> of the subdivision section basically.
>> Yeah. >> Yeah. >> Right. Okay. Thank you. Okay. Any further comment or discussion from my colleagues? I'd like to open this up for public comment and the public comment will be restricted to the special conditions that we're discussing here. Sir,
>> what about the two previous documents? >> Yeah. >> And the other and the open space residential uh site plan approval inclusionary housing and the storm. Yes. >> Okay. >> Jake Gazera 30 Graten Harvard Road. >> Welcome Jaden. >> How um >> Jacob Jacob
>> Jacob Jake it all works. >> Um so uh both in both of the previous two documents it has like the oversight which is members of the agents of the planning board have the right to enter the site. It used to say any time. It's now changed with the permission of the
applicant. It's worrying to me that uh oversight would require permission. >> That came from town council. Um it said he's >> But all of your previous documents with this board language has said any time and now we're changing it specifically for this pro project.
>> No, I'm going to be going forward. I'm going to make that amendment. >> What are you going to amend past? No. But typically we do request um we don't just walk on their site. We typically always ask them for permission. >> Yeah, but you're in oversight. It feels
weird to say, do we have permission to do oversight as the oversight committee? >> Well, it's it's it's the fourth amendment thing. It's it's we're not that we are asking for permission for oversight. We're asking for permission on when we can come to see. >> Yeah, that just that doesn't feel like
oversight anymore. That feels to me like complete compliance with the developers. Um >> this is the law. I I mean if it was the law then all your past documents were wrong. So like and I agree and they difference and it doesn't feel like you have oversight anymore um
with that at all. Um and the other document I had >> Wait a minute. Can I comment on this for just a second? Jacob, are you anticipating that we would not get permission to go on the site? >> I mean maybe it will be delayed because we give you a call because something's wrong and then they have time to clean
it up while they wait on the permission call instead of you being able to show up. the the the weight of the asking for permission >> reduces the chance of proper oversight. >> I think it's pretty clear. >> I think the other thing maybe you're misunderstanding is that this is a
planning board request any permit that they pull needs to be inspected. So if they pull a when they put in the sewer line, it has to be inspected, the water line inspected, underground utilities. So there's so many people >> they move the borders, we call this is not for you. >> No, no, no. This is not for me. This is
for them. But it says them and and and agents. You would be an agent of the planning board. >> So typically it's I walk on the site all the time. I do it in every project. I have never been turned away. It's typically for the planning board because
one we need to if the if the whole board's going to be there, we need to set up a site visit. We need to close a public agenda because all we have a quorum there. So there's multiple steps. It's this is more for when the board as a whole wants to go to a site. I usually
have every right to go on the site. Most I've never had anyone turn me. >> Yeah, the language is really confusing then. >> Typically, I understand why you're saying it sounds shady, but actually it's also just for our protection. It's so that they can say the site is safe and clear for us to be walking around. Like we can't just show up as a giant
group of people and walk on a site that might not be ready for us, right? I mean, it's a safety concern. Yeah. >> Okay. >> We could um Okay. So, you've got that in writing. This fee the the uh town council changed that they changed that language. She changed it.
>> Yep. >> Okay. I had one more but I lost my phone. So, I might come back later, but I'll leave it for other people. >> Is there anyone else in the room who'd like to has a question or comment? >> Does anyone have a hand up on Zoom?
Um, I believe there's Oh, yep. There's people coming. >> Hi. >> Hi, >> Julianne. Goang 34 Grten Harvard Road. I've missed you all so much. >> Good to see you. >> Thank you. >> Um, quick question. I believe it's going back to section three findings. I
apologize. I thought I printed everything, but I don't have that. about the storm water and the existing language that you just debated can also be interpreted to say even you know even with the addition of given
that something could happen. The way it reads is that given that something could happen the applicant is not responsible for any damage done. That's how I'm that's how I'm reading it. >> Yeah. So I understand that and um why it
can come off that way. So that's why number four, the applicant is also subject to the town of air stormwater regulations. That's what ties it all together is they have to comply with this. And within that the storm water regulations, it talks about what they can and cannot do, what what is um a
violation, what is not a violation. Okay. >> So it's kind of one of those over like a putting a bow on it. >> Awesome. without going to town council. Can additional language be incorporated saying that that ties into the stormwater regulations?
>> Number four does the applicant shall also be subject to the town of air stormwater regulations. >> Okay, but in that first paragraph again it's a kind of the way again legal ease it's a loophole and I have a >> it's not a loophole. It's a loophole cuz it says can. >> Um,
so >> I mean, I'm sure they wouldn't do anything with intent. That's not what I'm implying. But if this is what the language has been straight along, this might be one of those languages that the town needs to address because it's not clear.
>> You know what I'm saying? >> Understandable. Um it's so could you do a therefore start start for with tie it back to the >> first two paragraphs one and two are simply statements. >> Mhm.
>> Statements say all they are statements that say you know when then the third one says >> it is in the public interest to regulate the construction of sight storm water post construction which we did. Mhm. >> So it's really in the public interest of the regulation is in the third one and
then the fourth one is >> saying it has to comply with the storm water regulations. So >> it's kind of a you know >> it's like two statements and then follow along type thing. But >> you could take out the also just say the applicant shall be subject to the town
of air stormwater regulations >> means the same thing. I think does but >> even if you add in lie of numbers one and two >> in light of >> in light of Thank you. >> That way it ties the whole concept
together all three I think. >> Thank you. Another quick question on special conditions number I think it's number eight. >> Number eight. Yes. >> And that is saying that um people should
not infringe or encroach >> Mhm. >> or cause adverse impacts to the open space. Is there anything in the language anywhere that says if they do there will be penalties? >> Yes. In the conservation restriction. >> Perfect. Thank you. and
question hypothetical question. In the case of neighboring properties, if there's a tree over on one side of a property and it's leaning over onto another property, you can you tell that other property, please remove the tree or deal with the tree so it doesn't fall. Right? In the case of an open
space, it's owned by the applicant, >> but it's handled and overseen by the conservation. So if there's an overhanging tree threatening a property, who would the public notify? >> Condor association. >> Condo associ.
>> Okay. >> Yeah. Just some >> I apologize. So in regards to the conservation restriction, all that means is to the conservation commission, we just oversee that that open space is protected. any sort of maintenance that
needs to be done on that is handled by the land owner. >> Okay. HOA. >> So, I would say also contact the town as well. >> Oh, yes. Obviously, >> I would always contact both >> because they're going to have to notify us that whatever gets done in that conservation restriction because that would be a change to the existing
conditions. >> So, but yeah, it it that will be handled by the by the land owner, by the the property owner of the open space. Um, it it gets a little confusing. So the conservation commission isn't the land owner. We only own the document that oversees the land. Okay?
>> And the condo association once all those documents are handled, which usually takes 2 to 3 years for a switch over will then be the condo association is the land owner and we just oversee the land. >> Okay. >> Okay. So thank you.
>> Anyone Julian? >> Yeah. Just a second. >> Was your one of your questions was about enforcement? Was that one of your questions about the the enforcement? >> Was it enforcement on the storm water or the site plan or >> open space? >> Open space. >> Yeah. >> Okay. Well,
>> and that was just encroachment if somebody like starts dumping stuff they shouldn't or whatever. >> Yeah. So, within the conservation restriction, there is a section that talks about enforcement. >> Yeah. And we do have language in the um general conditions of the u both
approvals as well about number six on the unauorized deviations so forth. >> Correct. >> The unauthorized deviations from the approved site plan and storm water management permit may result in the planning board seeking to issue a cease and assist order until the deviation is
addressed. violation of any condition contained therein or failure to comply with site plan or storm water management permit shall be subject to section 214 enforcement of the town of air storm water regulations. >> The only problem with that one is that's only regarding >> the applicant. Okay. So if I think if if
if it's another property that is encroaching within the open space that is where the conservation restriction then kicks in >> because then >> yeah well I thought they might be concerned with in general some kind of enforcement I mentioned that
>> and also one more point to that the conservation restrictions in the open space do not get t done until the project is more or less completed. So >> yeah. >> So until and that'll be a while. Like I
said, blink uh Shaker Pond that just we just signed that one off and did the uh I think this last spring. So >> the only thing with that one just before >> Yeah. But I'm just But with with this one just so just going forward so
it's all approved open space, but that conservation restriction isn't in place for some time. >> Yes. And the enforcement on that is when the deadline is is the final certificate of occupancy. So the last home before they can get final move in for that last
home, the CR needs to be in place. >> Yeah. So anything prior to that any sort of violation would then come to the town. >> Yeah. And that way it just ensures that we get the conservation restriction done on time where we've had pro problems
with other projects that the CRS come years and years after the project >> but the baseline comes after the CR years later. >> Yeah. Okay. >> So just so everyone understands the process. It's it's a long lengthy process. So we talking about all this now but the CR won't be in place right
away. The open space won't be deed right away. It it takes some time. So all that will be done later but so until that time the obviously the town needs to be notified of any sort of violation that may occur. >> Yep. >> Okay. Thanks. >> Okay.
>> Okay. >> Yes sir. >> Hi. Good evening. Uh Anthony PL 35 Grten Harvard Road. Um, I know we discussed this last time and all that stuff. Um, I know that like the drainage report, there's a lot of, um, verbiage about
that um, that little channel that goes on the side of our road um, which they say um, you know, additional runoff from the street um, which is not included in all those calculations.
So, and um so I'm just um my concern is because we've already have like water issues and here in the next few months, our uh sub pumps that we have in our basement are on constantly, you know, during the late spring, early, you know,
early spring and all that stuff. So, my biggest concern and my wife did receive an email a few weeks ago saying that they were going to be looking into, but we haven't heard anything back since. So, >> um, yeah. So, um, Matt did reach out. There was an email that was sent, I
believe, last week or maybe a week and a half ago. I I saw the email because he CCed me on it that did say that spelled out the exact steps on how that was going to work, >> right? And they were looking for uh people, but I mean I I just saw it
because it my name wasn't on there. My wife got it. So, I know she forwarded to me. I think it was last week or so. and then or and I'm not sure when it happened or or how long this is going to but my biggest concern is if we start doing anything up there and and right
now like here in the next few months we're we're going to be we're going to see that increase of water like we always do. Two years ago, like I said, our backyard was Flanigan Pond. And my biggest concern is if we don't address this prior to anything, then my house
and you know, we have a generator now just because of that and that's on a low. So, it it's out of the water zone, but if we add more water to that, it it could, you know, be catastrophic and all that stuff. And my and my biggest
concern is, you know, if we're underwater and all that stuff, where are we going to go? I mean, >> so I um I know Matt did say that they did hire a survey crew that they're going to be going out there to survey the easement and get that information. So I know they're moving this along as
quickly as they can. >> Um but >> any idea of how long or >> I don't have a time frame on that, but I know it's he's getting the survey crew out there to get that done. I got it. >> I'm sorry. What?
>> Um Oh, yeah. The survey crew is is going to be has been already hired to go out there and get that done. So, okay. The plan should be coming shortly after after that and then it's the process of going through conservation commission. >> Right. Can you recommend that he'd be talking directly to the DBW, not to the
planning board? >> Yes. Yeah. I mean that there was an email that was sent. I maybe you weren't >> I was not I was not on that. sure that Matt is >> my wife was, but she barely uh and then finally she got around to sending it to me. So, I only saw it like last week.
>> I'll make sure that you get CCed on that >> because um yeah, it's it's a big concern and if they start doing that and especially with spring right around the corner now, you know, time flies. Um and that's when my >> that's when you're it's cuz that's when the highest ground is
>> and that's when the sub pumps are on 24/7. >> Yeah. And it's it's really concerning because we've we did have issues in the past and that's my biggest thing is if we have a clear path to the then that may you know that will decrease the
chance of us uh being partner playing again. >> I'll make sure that so what I'll do is tomorrow I'll um have Matt give you an um CC you or send you an update and CC your wife on it just so that you know exactly where we are >> and perfect. Thank you.
>> Of course. Um, let's recognize Catherine. >> Wait, she's already gone. So, let's uh >> No, Rachel did not go. Not yet. >> Yeah, Rachel's been up here. You haven't been up here? >> No, that was a previous project. >> Sorry. Come on. >> Special donations. >> Hello. Uh, Rachel Kazera, 30 Graten
Harvard Road. Um, I just wanted to point out on page one of both of the documents, uh, the last name of James is missing. Um, I'm assuming it's Hudlin, but I just figured I'd point it out just for the record. >> Um, yes, thank you.
>> Uh, I just didn't know um because I I don't understand um to circle back to what Mr. Deskin was mentioning uh with regard to the language um I believe uh excuse me the language regarding the
storm water uh management findings. >> Mhm. >> Um if the applicant is required to follow the storm water bylaw and in the bylaw it states that no water
like the water has to stay where the water stays. So I don't understand why >> existing conditions. >> Pardon me. >> No. >> So I think where I think your question is >> so I'm just I'm I'm it just uh to get back to Julie's point. It just seems like it is a big loophole and Mr. Disc
did point it out um that the language is uh you know it doesn't seem like it's appropriate for you say that please. >> Well I mean I think you indicate it's inappropriate by modifying the language that's there. I not
>> so let me Yeah. So um the language as it states basically what happens is so the storm water regulations make it so everything that they submit to us and pro you know based on the numbers and everything that the design won't do that
>> but as everyone knows the you know science is not 100%. So if there is an occasion that it does happen that's there is an overflow that this some something happens it it it it's not um they are still responsible for
addressing that. It's just saying that if it happens that they still have to meet the storm water regulations. Um >> that's where I mean and and Julianne that's why we did add that additional language um as Julianne um had request
had asked about >> um in light of the above the applicant shall be subject to the storm water um regulations. Um, okay. Um, I just tell you there's a crossed
out T in the the I don't know. Sorry, I just see that. >> Yeah, because it was a capital. >> Oh, okay. Roger that. Um, and um I just wanted to uh talk about the special conditions with regard to the conservation
>> um land. Yep. Um, a gentleman, I do apologize, I've forgotten his name, um, at a previous, uh, conservation commission meeting mentioned that, um, the funds for the upkeep of the property. I'm not sure if there was a
specific amount that was mentioned with regard to that, but I didn't know if it was possible to put wording in um to indicate that the funds would be I don't know how congruent with um
the appropriate amount of money necessary in order to maintain the conservation land. Um, so I don't know if it's possible to put that in there because I know there's set amounts of money that typically are put in different uh uh parts of the special
conditions, but I didn't know if you had honed in on a number or if it's just an open end or how uh that determination is figured out. >> Are you talking about the money is put aside in an escrow account each year to reimburse the commission to cost associated with monitoring? Is that your section you're talking about? Yes. So um
as Heather stated earlier um that would be written into the conservation restriction. >> So that will be visited by them at a different point in time and then they'll visit it. Okay. Gotcha. I just wanted to >> because we don't have like an estimate of what the c what it would be to um do the monitoring on that size of the
parcel. >> Okay. I just >> thought I'd mention it just in case. Um, and then, uh, I just had, uh, goodness, I just had a question. When it comes to just the the times that this is open and all of that, the details will be ironed
out at a later date. That's not you wouldn't put that specific thing in the special conditions for the conservation land. >> You mean the times as to the what the when the open space would be open? Like uh, timing as in like hours?
>> I I guess so. Or like appropriate time. Um, >> yeah. I believe we typically do dust to dawn is what most conservation restrictions are >> or dawn to dusk. D, sorry. Yep. Dawn to dusk. >> Headed backwards.
>> Yes. >> Thank you. >> I just was curious. Sorry. Thanks. >> Now, can I It's uh Yes. >> Yes. Um I believe it's Catherine. >> Hi, thank you. Catherine Yates.
Um I am trying to follow some of this. It's a little bit scattered, but because the point of um that storm water responsibility has been brought up a few times. Um would it just be instead of
saying in on that paragraph four or five in lie of can the plain language that you just stated like if one through three happens like if that happens then the applicant is responsible for the adverse effect and as further required
by the storm water um uh shall also be subject to the town of air storm water regulations. just kind of like state the plain language that you're saying here. >> I think it would be stronger just to say in general no matter what happens good or bad they are subject to the town of
air storm water and regulations regardless of what happens. >> Yeah. >> So I think it's saying in addition I guess I'm just trying to address what a number of people are concerned about is that they're reading this language differently than what it is. Like I
understand that it I I personally read it the way you do, but I think that a number of people are concerned that it does leave a leap loophole. So by just eating the plain language >> that is plain language. >> So I understand where you're coming
from, but the people who are going to be enforcing it and the applicant know that they are responsible for it. So I will be the one who enforces it. I'm not going to be reading it any other way. Um, so it's not going to be uh a gray
area. >> Okay. Yep, that's fine. Um, there was another point where it was talking about uh responsibility for roads. >> Um, special conditions, >> I think. So, maybe even in the
miscellaneous. Um, if we could just include sidewalks and driveways if they're affected also. >> Uh, yes. Let's see. Um, are you talking about >> um,
>> which condition are you talking about? Because there's several conditions about >> it was one of the first one that was one of the first ones that was mentioned about the roads and it was a very basic one. It just said >> if the applicant shall submit a constru uh the applicant shall work with the DPW
to take uh photographs and document the existing conditions of the roads used by the traffic uh truck traffic reference and special >> condition. So I just want to make sure that sidewalks and driveways are I know I mentioned this at the last meeting. I just have experience with situation
where sidewalks and driveways were affected by uh construction traffic and not fixed because it was not specifically set out. >> Okay. Um so >> existing roads um
>> I mean >> which number >> 22 just says they're going to take pictures. >> Yeah, but she's she's talking about driveway. >> You could wreck a sidewalk. It could wreck a driveway, something like that. >> Exactly. So, we need to do the photographs
>> and document that and then if there's a um corresponding condition that addresses actually >> I got it's like this. So, the applicant shall work with the DPW to take photographs and document the existing conditions of the road, sidewalks, and driveway connections.
>> Um >> trucks not going to use sidewalks. >> They're not going to use sidewalks. are not going to use driveways >> of the route of the route is what I say. So connection of >> truck route
>> or whatever. Yeah. >> Used for truck traffic reference in special condition 21. And then was there um a condition that account that a corresponding condition about what would happen if there was damage to the roads sidewalk roads
because that would then also just need to be amended to include sidewalks and driveway connections. >> Um no. So that is a good point. Um so any
Um, how do we want to word this? So, it's if like there's any impacts to any of the existing roadways, sidewalks, or driveways >> as determined by whom? >> As determined by the DPW, >> conclude that it's important. >> Any
um >> as determined by the TPW >> any impact, it's I I want to make sure we get the rewarding right on this one. >> Adverse impact >> would be the same. It's all in 22, right? The whole thing's in 22. just makes sense. >> Um, >> you want to you want to take document
the existing conditions. You want to repair any >> damage as determined by the DP any damage determined >> by the >> by truck traffic or construction traffic. I would say >> okay
>> I'd say any traffic but >> in the referenced construction traffic I think we pretty much we're going to get that but it put it in there >> in the reference
truck number >> 21. >> Shall be what? >> Shall be um fixed. >> Shall be shall >> be addressed.
>> Replaced or repaired. >> Shall be repaired according to what DPW is or something like that. They can make their own standard up. >> Yes. So it would read any damage determined by the DPW caused by construction traffic in the reference truck route.
[Applause] Special condition 21 shall be repaired by the applicant in accordance with DPW standards. >> That's 22, right? Special condition 22. 20. No Never mind. Do what you
>> No. Yeah, it's 21 in mine >> cuz 21 >> 21 is is identifying the truck is is the track. 22 is >> or 23 is the >> Yeah. 23 is the the discussion of what
is being documented. 24 uh 21 is the actual truck lab. >> All right. >> Construction. >> As long as you got the numbers correct. >> Yep. >> So that's what we have. 41 special conditions now. Is that the right number? >> Uh I have 42. >> 42. Okay. >> Good.
>> Um and then my last question is with the um the blasting section. >> Yes. How will notice be provided to a butters and can the meeting be um
I'm trying to look to see which number? >> So it's number 18 under blasting. >> Yeah. So where's it with Oh, the butters. Yeah. So I just I'm I'm not I'm obviously always on Zoom. So I'm wondering how it'll be noticed and
whether there can be a requirement that there's remote access to the uh however this discussion is going to be held. >> So the problem with that is I we can't like require remote access. Um
that's above and past uh beyond the planning board's ability. um we can we can require them to hold the meeting because they've already agreed to do that. Um but whether or not it's in person or on Zoom, I I we cannot be the
ones to make that as a condition. >> Okay. >> Um but in terms of the notification, there is a a legal notice that a a letter that gets sent out via mail to all of the abutters >> and then there's signage as well. Do you
know what address that goes to? I'm just still in the situation where I I think I've updated my address with all departments, but I'm still not getting anything. So, I'm just wondering where >> uh So, it would be sent to whatever is on the assessor's um information. So,
you haven't received anything because we haven't sent anything >> at least from us. >> Okay. We don't we don't send out notifications for meetings only for the public when the public hearing is being opened. >> Right. Right. You had mentioned that last time on that particular Yeah.
>> Yeah. So what we do is we just put it on the website or on the um town board. Can >> you recommend that you just send it to you and you have it available when you need it for the correct address? >> Yeah, I believe she stated that she did correct it with the assessor's office. >> I I did. I don't need you don't need to
be further involved beyond you feel sound very busy so >> I can I'll continue to to talk and and and confirm um the address and and whatnot. So that's fine. Let me just quick take a look at my note if that was
it. Yep. Those were my points. Thank you. >> Thank you. >> Anyone else on Zoom? Um, >> Michael Goang, 34 Graten Harvard Road. >> Not too close. No, no, no. >> There's a there's a fine line between
Barry's hearing and our ability to broadcast. So, thank you. >> Quick question. Um, sidewalks. Is there a continuous sidewalk all the way to downtown from here from the development? I know we talked they talked about it. >> So there is a So there's a sidewalk that
goes along um the southern side of High Street, then crosses over and goes to the north side of High Street, and then that's where um so then it comes down um let me pull up the plan. Let me pull up the the the uh GIS.
There is a section that's missing which is the home street section which would be added in. That was one of the conditions that $10,000 for that. Um and then down here down that's coming down I believe is Colombia um doesn't have it
but that's part of Yeah, Columbia Street doesn't have it but that's part of the town's um we have a plan already in place to put a sidewalk and re redo that area. >> Okay. So that there will be a continuous way for people to >> Yes. >> not walk on the road. >> Yes. Yes.
>> Okay, cool. That's all I need to know. Thank you, >> Rachel. Pauline's hand is raised. Do you want her to go first? >> Oh, Pauline Pauline raises her hand. >> Between when and when we'll just give
her a chance and then we can come back. Um Pauline, >> thank you. Rachel, I was going to let you go first, but I only have a few questions. Um, Mr. CR, the and they pertain to special conditions. >> Okay.
>> Um, I understand the granite bounds were removed because this is not a subdivision. I think granite bounds would be better, but that's just my opinion. I'm curious why special condition number
13 um was removed and if I missed it I apologize but I just don't remember hearing your discussion on that. >> Yeah. So I did I did briefly go over it. Um that section is being removed because
the applicant is actually going to use waddles and silk fence to do the entire limit of work. So that addresses that concern. >> Okay. um special condition originally 16.15
mentions lip and LAU um designation this is not a 40B so LIP doesn't apply am I correct on that >> no that's not correct lip is okay >> local uh it's a local initiative um so
these are just designations because these are inclusionary housing >> so it's it's the local ones 40B is a is a different animal. >> Absolutely. And I understand that. Not to interrupt, I just want to move on. If it doesn't apply here, that's good. I
know what they both mean having worked with um Habitat for so long. I just wanted to understand why it was in here. So, I pro I appreciate that. Thank you, Danny. And then um
two things that concern me as just a resident. I'm less than a quarter mile from this development, but that is not my concern. More concerned for what is going on. Construction period is 7:00 a.m. to 7:00 p.m. Monday through Friday,
and I forget what it is on Saturdays. It's a little bit less. Does the planning board not have ability to modify that construction period? >> Um, so that is what is allowed within
our bylaw. I know that this was a question that was brought up uh for Stratton Hill as well. Um, Pauline, um, the applicant on that one agreed to uh different hours. Um, but on this one the applicant has not. So, if I'm hearing
you correctly, and I just want to clarify this for the record, the applicant refuses to stop work before 700 p.m. >> That's not what I stated. >> The All right, say it again, please.
>> So, the allowed hours in our bylaw are 7:00 a.m. to 700 p.m. Monday through Friday. On Saturday, it's 8 am to 3 pm. That's what's allowed under the town's regulations. >> And the applicant is working within that.
>> Correct. >> You're just stating that a different project had something different, which is >> I'm sorry. Who is speaking? >> Julie, your favorite planning board member, Julie Murray. >> Oh, no. Thank you, Julie. >> Jeez. >> I'll wave, but >> I wave back. I so I'm just saying that
there he was actually I'm sorry Danny to speak for you but I got I felt I'm okay I'll let Danny never mind. Okay. >> They the applicant is just adhering to the laws as written. >> Yeah. >> Full stop. We were just referencing a different project that had you had been
at Pauline. So you had heard the applicant had on that project had done something different but this one is adhering to the laws. >> I understand that Julie. I understand that planning board, but has the applicant been asked to limit their work
to maybe 5:00 p.m.? >> So, the the board does not have the ability to ask for that. Um, that is above what we can do. >> All right. Then may I ask Miss Field who
is on Zoom if she would >> uh comment. >> Mr. Chair, I feel it's an unfair question and I would like us to stick to the laws as written. >> I agree. >> We can go to town meeting if we'd like to change our laws. >> All right. Fine. So I'll move on to blasting.
Same question. 8:00 a.m. to 3:00 p.m. Monday through Friday. Is there no consideration given to when the school buses go up and down Graten Harvard Road? >> Um, we're I'm actually going to have uh
the chief come up and discuss this cuz uh I actually had a conversation with him about this. >> Yeah. So, >> perfect. Thank you. Because I have another question on that point. >> Okay. Thank you, Mr. Chairman. uh as Danny spoke to uh we had a conversation about this where 8 to2 was talked about
and in discussion with both myself and the fire prevention office if you limit that time to 8 to2 it's going to drag blasting out for a longer period of time and we felt generally speaking as and I can't speak for the blasting industry but having done that as a fire detail
they generally finish blasting by 200 p.m. anyways because at the tail end of the day if something doesn't go off they own it. They have to sit on it. So generally by early afternoon the blasting part of it done. So we felt comfortable in our discussions if you
give them till 3 then if something ran a little late that particular day that gives them the window to finish up. Otherwise you shorten the day up from three blast to two it just prolongs that period of time they would be blasting. So that was the reason we did that. >> And what about a question about the
timing regarding uh school buses? any I >> I felt comfortable like we figured in our discussions high schoolers get out earlier. I'm not sure of the time and of children that age appropriate, but uh say the elementary school kids and younger get out later in the day. So we figured by 3:00 p.m. they would be for
sure, you know, wrapped up by the end of the day, you know, you know, 3:00. We felt comfortable with that from the the the fire department and and and it gives them enough time to do their job without prolonging the blasting part of it more. I think if I remember correctly, you
said maybe a monthish. I can see that dragging out to maybe a month and a half if you shorten that day up for them. >> Was there any other questions from me Paulie? >> Oh, thank you Tim. I appreciate your input. I am just commenting based on one
of my neighbors uh comments maybe two meetings ago where his daughter travels on the school bus at 2:00 p.m. down Bratton Harvard Road and I know she does because I see her get off most afternoons and maybe we should just look
at that time frame again. Um, I just don't want children to be impacted. Adults are bad enough. All right. And that's my >> point. >> What's my point? I just
>> We got your point. I said that's >> Oh, well, thank you, Mr. CR. I appreciate that. So, may I ask Tim another question? >> Ask it to you. I have done some research on other
projects. Uh, Chief, are you okay with the Culdeac turnaround for your vehicles in the event of an emergency? I have not seen a report from you since the final project has been submitted,
>> Mr. Chair. Um we did uh submit that when the plan was originally submitted to the planning board which um we give them a longest wheel basease which is our ladder truck and they indicated that um we would either be able to turn around or back up uh without making an extreme
effort to do that. We haven't heard any difference. So we're going on the fact that they got that and uh we feel comfortable with that moving forward. >> All right. Thank you so much. >> Okay. You done Paulie?
I am. Thank you. Thank you, Rachel. >> Thank you, Mr. Chair. Um, Rachel 31 Road. Um, I just uh with regard to um the uh within the special conditions
regarding uh the holder of the conservation restriction and the holder of the land. Mhm. >> I was just wondering um if um the condominium association I know that
that will be addressed further down the road >> um but I know that there's been difficulty with regard to I'm not sure how condominium associations and HOAs um >> mute >> I I muted her.
>> Okay. um how uh condominium associations and HOAs differ, but there had been some difficulty and some sticky legislation with regard to the different covens expiring
um at certain points in time or um uh I guess my question is who takes on the responsibility I guess of maybe you know the land that's there but then also um all of the requirements that So within the documents
um you know the responsibility of the condominium association with regard to upkeep and maintenance and all of that um is is there restrictions on um condominium associations. Is there uh long-term
solutions if per se that the condominium association goes out of goes bankrupt or there's not enough people that live there or I don't know if something happens to the conservation commission. Um >> so I mean you're asking a lot of
question. Let's just let me just address these in in a couple of uh steps first. So in terms of condominiums associations the way they work those are deeds that are recorded. So those are in perpetuity. Those those don't change. Those don't run out. None of that does.
Condominium documents. There's a master deed and then there's condominium documents that are recorded with the master deed, which are just a set of rules of what the master deed condominium must follow. The condominium association is what um either the
applicant if he had they have not turned it over to the trustees yet. >> Mhm. if they have the trustees are the ones who enforce the condominium documents and so the trustees are who govern the um maintenance and all of the
um restrictions of it. >> Okay, thank you. Um, and then to actually touch upon um Pauline's point of the construction times, I understand that they're written in the um bylaws, but um
I just I don't understand how Straten Hill was able to modify their times. Was that something that was worked into the agreement? Um >> they suggested it. >> They just said that's what their work hours are and they just want to let us know if they have an amended workout. >> Okay. I was just um you know this is
going to be three years or so of construction so I was just curious as to how that worked out. >> Yeah, it was it was them that suggested it. >> All right, that's very good. All right. Well, thank you so much. >> Thank you. >> Um any other comments on the Zoom?
>> Nope. >> I don't see any other >> So, we can go to motions, right? >> Yes. >> I'd like to make a motion. Um, let me just make sure I pull mine up properly. Um, so >> how many special conditions do we have? >> I think there's 42.
>> 42. I just want to make sure I have this written correctly. Uh, which one are you on right now? >> You want to do the major storm water first? >> Okay. So, for the major storm water management approval, I make a motion for approval of the site plan pursuant to subsection 245-5 and 6. Storm water
management of air general bylaws subject to the standard conditions 1 through35 and special conditions numbered 1 through 42 in this decision >> seconded. >> Any discussion hearing? None. >> Yeah. So just for clarification the
motion includes the amendments made today in the draft. >> Yep. In this decision and the following conditions presented at this meeting. Okay. So all the amendments. Yeah. Okay. Good. Okay, Ken, how do you vote? >> I. >> Nathan, >> I. >> Julie,
>> yes. >> Chair votes I open space residential development site plan approval inclusionary housing. I make a motion for approval of the site plan pursuant to subsection 320-10.1.2b
2B open space residential development and subsection 320-35 site plan review of the Arizona bylaw subject to the standard conditions 1 through 36 and special conditions numbered 1-42 in this decision and whatever amendments made at
this meeting >> seconded >> any further discussion hearing none Ken how do you vote >> I Nathan >> I Julie >> yes >> chair votes I >> okay and motion to close the public hearing. >> I make a motion to close the public
hearing for uh Zero High Street and 38 Grten Harvard Road, Lincoln Hills. >> Second. >> Any further discussion? Hearing none. Ken. >> Hi. >> Nathan. >> I. >> Julie? >> Yes. >> Chair votes. I
>> think you're done. >> We are done. you wish the >> So, I will um I'll get these um edits done um and then I will reach out to Jonathan uh tomorrow at some point or the next day and then um have him sign
it. It'll get stamped in with the town clerk and then I will send uh you a copy, Janet, and then the stamped copy will be posted on the website as well. >> I have a procedural question. >> Yes, sir. >> That's okay. >> Yeah. um just because I've tried to read through
all the bylaws and we're now in that 20-day ticking clock. Um I can't find how appeals in the bylaws are processed at all and I'm wondering if the board or could uh could go over that process for us. >> Yeah. So there's uh basically the way it
works is um there is a um uh there's a form that gets filled out um uh issuing basically saying that you're going to appeal this. You have to have an attorney um do all that work. Um you uh submit it to the town clerk in a copy to
me. It then goes through the court system at that point. >> Okay. All right. Thanks. And and one one clarification as well when that appeal process if you appeal the project you also will need to the
initial step is to show standing and then from there it's hiring your own engineers and um uh professionals to pro disprove >> depends on what I'm appealing right like I want to appeal the waiver request and I'm willing to do it legal to the
streets. So that's that's my plan. Okay. >> Um, project status updates. >> Yes. >> All right. >> One one question. >> Sure.
>> Yep. >> Hi, Anthony Hard Road. Um, so basically now that this is no public hearings, when will this start? Cuz we just went >> Yes. So, the project once I finalize the
document, I'll have Jonathan sign it. >> Yeah. >> And then it gets um I'll have it stamped in with the town clerk. There's a 20-day appeal period. So, and based what I'm hearing that there is going to be an appeal, right? >> Um basically what happens is once that gets appealed, there's a stay on the
project until that appealed is dealt with. >> Okay. cuz like you like you know we still haven't and I don't want anything happening up there with the especially with the uh the spring right around the corner. >> Well, they would still be able to start
projects. >> So if we're underwater then who do we go to to >> to me? >> Okay. Well, we we will the the whole thing was the planning board correctly stated that they cannot enforce um the DPW to do something that is offsite.
That's why the DPW is working to expedite that as quickly as we can. >> Okay. So, so if I if you know, God forbid, we're uh we're underwater, we come to you and you >> and I will me and the DPW will do what
we can to address that concern. So is there so all right so so you guys will handle anything if anything goes wrong >> I'm not saying that >> I'm just saying that you know it's
a question you came into the last meeting >> yes cuz I I wasn't >> suggestion to the DPW that they help you out >> yes >> they took that suggestion they're hiring an engineer to survey your land >> they're putting in they're doing a lot of steps >> yes >> you don't feel that that's moving it is
moving. Just I don't want I but nobody has come on to our site to look at it or survey it and and then if they're going to be starting to do this and there's a and we've already had issues with water in the past and now we're you know
removing trees and and the and it's and uh we don't have that thing in 38th and Harvard road now. So all that water that they're going to be doing is coming right to our property and that's that that's where >> during construction there's a temporary settling basin that will hold back
water. That's what >> that's my biggest concern is >> yeah we did we so during the um >> if this starts and all of a sudden we're going to get an influx of water and we don't have that channel it's all going to be blocked. >> Yeah. No, that's not going to happen. So during construction
>> that's my biggest concern. >> Understandable. During construction, there's a temporary settling basin which will handle storm water that comes off from the site that's being constructed. That water is going to be held back um and it's going to go over time. So, the settling basin and the storm water stuff
are going to be the first thing that gets pulled put in before um you know any building or any of that occurs. >> Perfect. Okay. So, that was my biggest thing cuz um >> we've already had a lot of water. I mean that's why we put in the generator.
>> Yep. Understandable. >> Thank you. >> Yep. >> Thank you. >> Um so Stratton Hill um the applicant uh did reach out to me uh regarding um the project. They have been
in discussions with um uh National Grid. Uh they want to put a gravel access extending to the parking area. Um there's currently already a gravel way, but they're going to just extend that to the parking area that's just ab budding
the open space area >> at the top >> and Yep. at the top and put a um gate there so that um they can still go in and out of the site for National Grid. >> Okay. >> Um that's something that they're they've reached out to us to see if the board um
felt like that was going to be an issue. >> It doesn't it's not a site plan modification. No, it's it's more to address uh National Grid's concern. I don't think it's a major modification or even a minor. It's something that's just >> it's there's already an existing gravel
way. They're just going to extend move it towards the um new proposed uh parking area. >> So, originally when we talked about that that was only a trail. >> Yeah. It was basically a walking trail, >> but now talking you guys have been up there, right? Mhm. You know,
>> you you've seen that National Grid is being the >> They've given them access to the whole project in the back. >> Yep. >> Substantially different up in the National Grid. >> Sure. >> Right away. >> Construction is >> they've done a lot >> a lot of construction by National. >> Mhm.
>> Um and then um I know the board also discussed that they want to do a um uh a followup like a sitewalk with the with them. Um so I will um reach out to the applicant um and then at that point we
can set up doing if the board wants to do a full board or if you guys want to do it in kind of um uh groups of two >> Go ahead. >> Yeah. I'd rather the full board. I don't want to burden >> Okay. the owner. >> So then we can and then I'll just have
to set up a a site a an agenda >> preferably before it gets bone cold. >> Yeah. Okay. We'll do. be good. >> Good. I mean, typically we've been doing Thursdays at 8 is seem to be the most >> I can ask for that and see what they can possible. >> Um, I just want to make sure I have
clearance from the board as to work on that because we typically ask for site visits in a public hearing, but this doesn't have a public hearing. It's a project that's already ongoing. So, um, I want to discuss it in the public. Um, so 42 Park Street, we did receive
their finalized builds. Um, we are I have we haven't had a chance to go out there and do the final inspections on that. I know they're still also working on stuff for final cos as well. So, um, Matt, myself and Heather will go out
there do a sitewalk on that and then have the board as well go out there and do that. >> So, currently they have a temporary co for the a business portion of the building. >> Mhm. >> And no cos for the residential portion of the Is that right? >> Oh, this whole thing. The whole building is temporary seal.
>> Yeah, there's there's >> there's activity in the second floor. >> Wow. >> Cuz all right, >> street lock, >> right? >> There's no such thing as a temporary co, is there in the real world? >> I mean, I guess you can give one out,
but there's no code. >> I mean, temporary, you see temporary cos everywhere. Oh, >> right. But they're okay. >> I agree. I But it was already issued the >> All right. Got it. >> But yeah. Yeah. Um, Pine Street. So, we had their
pre-construction meeting. They're actually going to be um starting to uh they submitted for their Nifty's permit. They're hoping to get that back and then start the Nifty's permit is the >> No, no, no. I can't remember where Pine Street. Which one is that? >> Um, Third Street. >> Oh, Third Street. Gotcha. Yep. Got it.
>> They uh submitted for their Nifties permit. They are waiting. They're in the They're in the middle of the 14-day review period. Once they get that um approval, they're going to start cutting down trees. Um but they have everything all set up and they're just waiting. >> Beautiful.
>> Right. I'd like to make a motion uh for approval of the September 9th, 2025 meeting minutes as uh with the ads I submitted this week. >> Seconded. >> Any discussion? Hearing none. Ken >> I. >> Nathan. >> I. >> Julie? >> Yes. >> Chair votes I.
>> Motion for adjournment. >> So move. some up. Good night everyone. Thank you.