[Music] We are calling to order the zoning board of appeals meeting for Thursday, May 15th. Uh, is anyone recording the meeting other than Lake Camp? Nope. Okay. So, we're going to take the first
agenda item out of order only because one of our board members will not be here for the duration of our meeting. And that is to approve the meeting minutes for January 18th and March 20th, which Kathy included in our packet. Um, was everyone at both of those
meetings or we'll do them separately anyways. Okay. So, I'll take a motion to approve the January 28th uh meeting minutes if anyone so inclined. I'll make a motion we approve it. There's a second. Second. All in favor? Opposed?
Motion carries. Same for the March 20th. If anyone's inclined to make a motion to approve them, I make a motion we approve it. Second. Second. All in favor? I opposed. Motion carries unanimously. Okay. On to our first hearing. Lakeville
Zoning Board appeals acting in accordance with Mass General Law Chapter 4A as amended will conduct a public hearing on Thursday May 15th 7 p.m. Lakeville Public Library for Precinct Street upon the petition of Jeremy Burke. Special permit is requested under section
270-6.3 and section 270-7.4 to locate a 20x20 carport that would be within the setbacks. The property site is 45 How Road. Application and documents are on file. planning board, excuse me, of the planning department.
Um, so is the petitioner here? Yes. Come on up. Have a seat. Good. How are you? So, why don't you state your name for the record and then give us a overview of what you're looking to do and and we'll move
forward. Hi, my name is Jeremy Burke. I'm over at 4 Road. Um, if you look at the photos that I attached on the document, we have a very short driveway. Um, we don't have a ton of place to park and we have a ton of like pine trees
above. Um, and my fiance just got a new car and the sap was kind of ruining her old car. Um, so I spoke with my neighbor and you can see in the attached photos we already kind of have an existing um, like kind of a carport uh, tent looking thing. So looking to make it double
wide. Um, and the the letter of the approval from the neighbor is is also in there as well. And your problem is you're a little too close to the property line. Yeah. So, the setback from his property line will
be around 10 ft and then it's about 20 ft off the street. Okay. Uh, doesn't look like anything complicated. Just a matter of whether we're going to let you go into the setback. Uh first
thing let me read a few of the memos or correspondence between the other boards. We have an email dated on this March 28th from the board of health Kathy Lakeville board of health has no objections to the
proposed carport 45 road from Ed Culla board of health agent. We also have a email from conservation. I reviewed the petition 45 Howland Road for any potential concom concerns. There are none. While there is a small area of wetlands on the
northwest corner of the property, the proposed carport in house as well in house as well as well beyond the 100 buffer zone, 100 foot buffer zone from uh Mark Mitten, the conservation agent. And we also have a memo from the planning board dated March 13th at a
regularly scheduled planning board meeting dated Thursday, March 9 March 13th, 2025. The board reviewed the above reference application for Jeremy Burke regarding his proposal to replace an existing carport with a new 20x 20 carport to a pre-existing non-conforming
dwelling. After deliberation, the planning board had no further comments or concerns regarding the application. Those are the other boards that have weighed in. Any comments or questions from the board?
I have no I have one. Go. You have you haven't surveyed yet? Surveyed uh the land. Yeah, the property line. Yeah. So, I had I got this from the um I think it was like the asbuilt plan here. Okay.
Um I don't know if this has the land survey in it here, but it has Bring on the Yeah, I was going to say it should be in the in the PDF. I got it. Okay. So, there's really not
too much detail there in terms of the Nope. Nope. Nope. Let's put it this way. Uh before you go building, if you we do approve it and you go building it, have that property line established. Sure.
Because if you don't and you come back in a year or two and it's too close to the line for other than what we have, I won't forgive you for it. And don't you don't hire me. You go hire somebody else. Okay. Okay. Yes. But yes, have it
surveyed. Okay. Well, the neighbor doesn't seem to have a uh concern about it. Obviously, they wrote a letter in support and he's the one that will be most affected by it. Yep. So, anyone like to make a motion one way
or the other or I make a motion we approve this petition. The special permit has applied for any conditions. Nope. May second. I'll second a motion. Okay. Any further discussion? Any
comments from the public? Probably should have done that first, but I didn't. Um, all right. All in favor? I opposed. Motion carries unanimously. Block cat. What's the next form? Uh we have two weeks to do the
paperwork and it's submitted to the town clerk and there's a 20-day appeal period and then after that contact you to pick it up and then you go record it at the registry of deeds. Wonderful. All right. Thank you guys so much. You're welcome. Good luck. Have a good day.
Okay. Next hearing. Lakeville Zoning Board of Appeals, acting in accordance with Mass General Law, Chapter 48, is as amended, will conduct a public hearing on Thursday, May 15, 7 p.m. Lakeville Public Library for Precinct Street. Upon the petition of Cody Beloozo, a special
permit is requested under section 270-6.1C and section 270-7.4 to raise an existing dwelling, construct a new dwelling with an attached garage that would be within the setbacks on a pre-existing non-conforming lot properties at 301 Fawn Lane. application and sorting
documents are on uh view at the or available at the planning department. So the two years up here so who's speaking and identify yourself for the record and we'll go. So Nick Pozo on behalf of Cody Velo the applicant. Okay.
So what are we doing guys? So uh Mr. Vo lives at 301 Pond Lane which is the last house on Pond Lane. Um, it's actually blocked off by a tree line and that goes into heck. Uh, Mr. Volzo has owned the house for 13 years. Currently, the lot
size is 15,500. However, he does own the property which is across Pond Lane, which he has his uh garage on that has been deed restriction that cannot be a dwelling. Um, so I just wanted to make that clear for the board. Um, the
existing lot coverage as the current house is is 27.6. 6 which currently with the lot size and that is a non-conforming lot the propo proposes is right around [Music] 39.1%. Uh the that would be the
north sorry the side setback right now with the current house is 11.5 ft. He is proposing to make it 11.6 with the new uh dwelling and currently the front yard is 1.1 ft uh from the property line. He's proposing
24.8. Another note I'd like to since Mr. Velo's moved into the house, he has maintained the private way um for the neighbors down wide enough for emergency vehicles. Um and again, this is already a non-conforming lot. Um I think that
the dwelling fits in with the neighborhood as we all are aware of Long Pond area. This is not uncommon for these lots, these smaller lots. Um, and I think that's that's it. Uh, we also do have a letter from Nan Butter
that was not able to get it in on time. If I can I present that to the board can read it into the record with the other missing one. Thank you. Okay. Um, speaking of reading items into the
record, we have a few memos here from some other departments. Uh, so look for other boards, I should say. Uh, May 9th from the planning board. At their Thursday, May 8th meeting, the planning board reviewed the above reference petition for a hearing from the board of
appeals. The board has no comments on this petition. Uh, we have a couple of memos here from the board of health. Um, just bear with me. The they're similar, but uh there was a looks like there was a change that was made uh to be in
compliance. So, the first memo was on May 5th. Board of Health received the petition for hearing of 301 Pawn Lane. And as reviewed, the proposed site dated 416 in Velo residents architectural plans dated 22025. Current septic is sized for two-bedroom dwelling and has two-bedroom
deed restriction has been recorded. The registry of deeds 497. So, the dwelling must remain a two-bedroom dwelling. The architectural plan show a three-bedroom dwelling if you include the office which would be defined as a bedroom under title 5 definition of four bedroom property is located in zone A which does not allow for any increase of flow from
an existing dwelling. The proposed dwelling is considered an increase in flow in an increase of flow is not allowed in zone A under title 5 regulations. So, that was an issue, but it looks like we made a change because we have a subsequent letter from the
board of health on May 7th, which for the most part reads the same until we get to the revised ech architectural plan stated 57 show a two-bedroom dwelling, which complies with title 5. If the proposed dwelling remains a two-bedroom dwelling with no increase in
flow, then the board of health has no objections to the project. So, I'm assuming you're going to keep it a two-bedroom. Yeah, I should have mentioned that. Currently, it's a deed restricted two-bedroom. It's remaining a two-bedroom. Perfect. Well, perfect. From the board of health standpoint.
So, okay. Uh we also have a letter from the Conservation Commission dated May 9th. There are several concerns with this project on Long Pond. It would be premature to approve this petition prior to the Conservation Commission's review in permitting because most of the project is in our jurisdiction. The
petition includes a variance on percentage coverage at an unacceptable 39.1% which is 14.1% over the 25% maximum allowable. Town of Lakeville's municipal vulnerability is flooding. This has been well documented. The
2-year regional grant a 2-year regional grant was awarded to Lakeville in 2022 for a study of ways to move forward and make informed decisions that decrease our potential for flooding. One area especially important is no net increase in storm water entering the pond. This is directly related to a percentage
coverage in the amount of storm water being infiltrated into the ground versus overland flow directly into the pond. Any increase in storm water runoff into the pond can be detrimental to the health of Long Pond. The extent of property damage to the 2010 flooding event was catastrophic. We need to do
our best to avoid this from happening again. It is respectfully requested that this hearing be continued until the conservation commission has the opportunity to review and permit this project as the plans could change from what they are currently submitting. So you definitely have a little work to do
with concom where we do have to go to conservation this project. Good. So I will tell you at this point um you know we're going to I'm sure the board's going to have some questions. We're going to have some public comment, but um I would strongly suggest you don't
look for an approval at this meeting tonight or um because you need you're going to need to be in compliant with con. Oh, absolutely. Okay. And then if if we receive approval from this board but a denial from conservation, that would eliminate this approval anyway,
right? Yes, it would. But we, you know, normally if there's like a a little bit of an an issue or just some housekeeping stuff, but I'm sure Concom wrote that letter to that length and to the extent there because they need to make sure it gets signed off on. It's not that you're not going to get approved. So, I would
suggest, you know, we'll go through, you want to hear what questions and concerns we have first and then get them all squared away and then then you can come back and we I don't know what the board's going to ask you for clarification anyways. I'm just saying that, you know, concom is you're you're going to have to make sure you you
comply with that. Well, we're happy to meet the wetlands protection act and all the regulations, right? So, okay. So, having said that, I'm going to open it up to my other uh board members. Before they do that though, I just remember
that we do have some um letters from residents of Butters. So, let's make sure I'm getting them all here. I'm going to read them and if I miss one, Kathy, you can let me know. Keep going. There's three of them, right? There were four. But in any event, uh we have a
letter dated May 13th from Edward. I believe it's stats. I have resided on Hacket A Lakeville for 47 years. During those years, there have been many changes to the aesthetics of our waterfront neighborhood. I have reviewed the architectural plan stated 22525 of Cody Ho's residence at 301 Pawn
Lane Lakeville. In my opinion, this residence will be a welcome improvement to the neighborhood. We also have an email from a Don Solder. I'm writing this on behalf of Cody Velo who is appearing before the zoning board tomorrow evening regarding
his building a proposal at 301 Pawn Lane. My family and I have been his neighbors for over 10 years and own the house next door at 303 Pond Lane. We know he is hoping to build a new house using much of the existing foundation of his present house a few years ago. Cody had a garage built on the property buying the present house purchased from
our family. Garage project was completed in a thoughtful, thorough, and efficient manner since we see the garage and the rest of our property often rest of the property often. We appreciate the quality of the work that was done in the way Cody always maintains his property. He has also been a caring and considerate neighbor for the many years
we've known him, believing that Cody can again complete this house project with the quality and care for the neighbors. We have seen the building surveying documents. We're in support of the building project and hope to hope the board approves his proposal. And we also have one final letter from Kimberly
Levit. I'm writing to express my full support for Cody Belo's plan to build a home at 301 Pawn Lane as a neighbor and fellow resident. I believe the project will bring meaningful benefits to our area. Cody's design reflects real thoughtfulness. Well, I'm not an expert in construction or zoning. It's clear to me that he has taken steps to address
important concerns like improving drainage, protecting the health of the pond, and sitting the house farther back from the water. These are the kinds of decisions that Shelby cares not just about building a house but doing about doing it responsibly. Replacing the current aging structure with a modern efficient energy efficient home will
also help the neighborhood. I can boost I can boost nearby prop it can boost nearby property values bring in additional tax revenue and improve the overall appearance of the area. All positives for the town. Cody has been part of Lake Community for many years. He's involved in local conservation efforts. Hasn't always been respective
of the environment and his neighbors. I have no doubt he'll continue to be thoughtful and committed me a committed member of our community for years to come. For all these reasons, I fully support his plans and see no objection to no reason to object to this bill. If you have any questions or would like to
speak directly, please don't hesitate to contact me, Kimberly Levit. So, all right, we have the everything read into the record that I have received or we have received. So, at this point, we're going to open up to the board members who has questions or
concerns. I recuse myself. You're going to recuse yourself. Okay. We have one recusal. So, open to the rest of us. Anyone have any questions or concerns? Just a comment. So, you're improving the setback, the front setback, correct?
That's correct. Yeah. Substantially. Substantially. Yes. Yeah. Um and looking for relief on the um right side setback. Uh the side setback was currently 11.5 ft. He's proposing 11.6 which is
a.1T betterment. Yeah. Okay. What's the live coverage existing right now? 27 27 6 27 26. So already non-conforming. You're just going to make it more
non-conforming. But we're not, in our opinion, we're not making it more substantially more non-conformant or detrimental to the neighborhood. Um, did you consider um not paving the driveway to help reduce
that ratio? We have considered and after discussions with the applicant um he has discussed removing some of the impervious surface currently on site such as a stone patio um some of the retaining wall items that
may not be necessary uh anymore but as in regards to the driveway um right now we're proposing it as being paved. All right. So the the tradeoff on removing some of the it may not be an even removal for the paved driveway if that's
what you would be asking. But was that factored into uh the 39.1? [Music] No, that currently is what sits on the property right now as well. All right. So, removing that would reduce that would be the max the 39.1
if you didn't touch if we did not touch and left the stone patio and other items. That's correct. Um right now that paved driveway is there is a proposed trench strain at the bottom of it cuz it does slope down to the the garage door and then a swale on the side. I believe it's a a rip wrap
swell that that runoff would go into. Okay. On the side of the property. Have you done the math on um removing the existing and a porous driveway? Does it get you like down
close? Uh it would not be close to what's existing or even the bylaw, which I believe is 25%. No, it would not. Yeah. Um due to the slope of the driveway, it's a slight concern for snow removal.
Yeah. When it's stone or pvious surface. Sure. Um and that's why we would like to propose it as being paved. Is there any consideration for working on dropping that 39.1% down at all? I'm just that that's
a pretty significant number. I'm not so sure we've ever approved something that that much of um a difference, not even over the 25, but over what the existing was. So, um I can let Mr. will speak to
that. But I do believe that a lot of these smaller structures in Lakeville, it's fairly common for that percentage, especially on the pond. But which ones to be 40% 30.1%? I believe there are a few
currently newer construction probably Hackadab. I know a small Clark Shores down by the water. There's a new few construction. What's the one? I mean both beach each book I'm not sure if you want examples I mean we could
certainly yeah no I'm sure you could again I may my memory may be off I just been on the board for a while I just don't remember numbers to that extent but in any event uh anyone else have any additional
questions or any concern concerns other than um obviously Hong Kong needs to um it's it's he's got to work it out with the conservation. Absolutely. And it's absolutely not
we're we're basically you know we're not going to there's no point in pro approving something and then you have to go to them and then start all over again. Under understood. Um I guess just our concern would be um receiving
approval from conservation coming back and not receiving approval from No, that's my point. So my but my concern is you're going to need to go to conservation. My suggestion is I my personal suggestion you guys do what you want is you you're going to probably ask for a continuence because you want to go
squared away with concom. Um but to your point I think it's a fair question. How do we feel about everything else? Is there concern? Is is the 39% that big of a concern? Because I think your point is listen, if you're going to say no to 39, why am I going to
waste my time going to CL? That's a that's a little extreme, but if we can I'm sure when you come back in front of us that we'll be on 39%. So, um, yeah, that's my question, too.
If you were to meet with Concom, are you going to somehow find a way to reduce that? We don't know what they're going to say, right? Like you must have creative. So their structure I mean they're not zoning. You guys would be zoning for the house. We have to meet what the storm water and their other concerns. Um if that means reducing the
size of the house, then we would potentially consider it. But if it doesn't mean reducing the size of the house, then we probably would not. Um you know, his family's growing. He needs the space. Currently he lives in one bedroom and that's why it's a two-bedroom house. if what my just my
own personal opinion whatever you work out with kind of time is fine with me. Okay. I I tend to agree with that. I I'm not in love with the 39%. I'll be honest with you and I'm sure you're getting the feel that most of most of us aren't. But at the end of the day, the 30 the 25%
there is there more so for the reasons that Cong has concerns. So, if you can prove to them that 39% is not going to negatively impact, and I know what you're saying, no, no more detrimental to the neighborhood and and I completely respect all the the letters we've had and the support you have from your
neighbors, but at the end of the day, in addition to having them be in favor and like in a nice new house, yeah, from an environment standpoint, that's, you know, everybody may like that it's going there, but if it's going to cause havoc with some other issues, um, that's that's probably going to trump that
everybody would like the house built there. So, you need to, my opinion, work it out with Concom, come back with approval from them, and I think the project is a good project, personally. Um, and I think then you're you're probably in in pretty good shape. Okay. Um, that's fine. Do you
want Okay, then I I Before you ask for continuing, does anyone in the audience want to speak? Have any comments? Miss Yates, how did I know you were gonna speak? So, actually, you know what, Nancy? Why don't you go over there? That way, you don't have to. Okay.
Um, we don't have any problem with improving the house and making it look better. So, you know the deal. You got to say your name. Oh, Nancy Yates. 1920 Oaks Road. You already identified me just now. I said Miss Yates. I didn't say your address. Let's go. Um, yeah. We've been working for the
last four years where the town got a grant and I think Kongcom's idea going forward from all this stuff even from SERD which I included in your package um is that when we have the opportunity to make it better we need to do that the
health along pond is not good and the two big issues would be storm water and water quality and when you do that percent coverage like that that's an issue in both of those things and we're working so hard. You know, the Longtown Association's been working, the town's
been working, and we're working in that direction to try to make it better, improve the water quality. We're going to be have flooding again. If we don't improve the water quality, we won't get that covered under Tamarak Park enlarged. So, to get the water out of Long Pond, we have another catastrophic
event and it's going to happen again. So, like I say, the percent coverage is the only thing we have problem with. and all I'm asking is to come to Hong Kong first and go from there. Well, they're coming back to you or they're coming to you. Thank you. You're welcome.
Okay. Unless anyone has any other comments or questions. Oh, I'm sorry, sir. No, I said unless anyone has any other comments or questions. I was going to say I'm assuming you're going to ask. Yeah. Uh we would like to ask for continuance to I'd like to just schedule it for the next meeting or request it just so we
can keep Yep. schedule for the next meeting. If you haven't worked it out with Concom, you can you don't need necessarily even need to come to the meeting. You can send an email or a note to Kathy to let her know you want to continue to if that's okay with the board. We potentially will not be at the next meeting. So, you won't be at the next meeting. We potentially will not be
because of conservation, but I just wanted to schedule and we can let you know. The next CBA meeting is June 12th, which is the second. And I believe that you're going to be at the board meeting. Um, okay. The meeting after that would
be July July something. Thanks for being specific. July 17th. 17th. Okay. I think what if we could and your next meeting is the 12th. Is that what you said? Yes. So then I think we'd unless you want to
come 12th. I'd like to request the 12th then. Um 12th for your next meeting. Yes. Please. Okay. I'll entertain a motion to for continuence to the June 12th meeting. Make a motion. Have a second. Second.
All in favor? I opposed. Motion carries. See you on the 12th. Good luck. No. Get out of here. I'll coordinate with you. schedule tomorrow. Definitely next week. Yeah.
[Music] But you were going to eat it anyway. So it can work out. [Music] Okay, we are up to agenda item number
three, which is a continuence of the residences at Learon Hills LLC. And I know we have all sorts of engineering stuff to go over, but before we do that, um I'm guessing a few folks at least are in the audience
because rumor tells me that there's some water questions. I'll leave it at that and I will let uh council fill in the zoning board as to what's going on and update us since this is the first time we've seen you since been happening.
since Monday. Since Monday. Well, in regards to Learon Hills. So, but go ahead. Again, Mr. Chairman, for your record, my name is Robert Mather. I do represent the uh applicant residences in Baron Hills LLC.
Uh with me tonight, Mohammed, why don't you come on up? Um Muhammad Itani. I'm also from the applicant uh Ramy Itani in Salem Kadora. Um Jason Youngquist is our project
engineer from Outback. Um we also have a new face uh tonight because we've hired a special counsel uh to handle our issues with uh D Matt Watsky. Um and so we're here tonight um we're scheduled
tonight um to address our engineering review issues. Um but before we get into that um we um are well aware that we have some issues uh regarding the municipal water supply uh and with uh D.
Uh, and that's why we brought uh Matt and um before I ask Matt to um explain where we are because Matt is dealing with D, I do want to make sure that the board understands and make sure that the board knows that we are well aware um
that um we cannot and and will not proceed with any um construction of phase 6. We're looking for approval of phase 6. Um and in uh in addition to that even completion of phase 5 because
we have some uh uh actually 5B for that matter um until we resolve the issues with the EP regarding the the municipal water supply. So at this point I'm going to turn it over to uh to Matt. Um he can tell you first um who he is and why we
hired him. Uh, and Matt is dealing specifically with the D and he can tell you where we are with that. Thank you, Bob. Good evening, Mr. Chairman, members of the board. I'm Matthew Watsky. Uh, Bob said I I tell you a little about who
I am. I I'm a former deputy general counsel for D. I was there uh through 85 to 90 and then went into private practice and I just specialized in environmental regulatory law and land use law since I've been in private practice. uh at at that time um I dealt
with most of the D regulatory programs um including the the the drinking water program over those years um and um have been brought in as as specialty council on projects like this all over the state. Um I was only just
brought in last week. So, a little bit of a um sort of deep dive to go through the correspondence and and see what the issues were that the D had raised um in response to the city of Taton uh let's say resisting having having water supply
provided to this project without it being designated as a as a public water supply and going through the uh the permitting process to become registered or certified as a public water supplier. So, um, what I what I think that both
the the city of Taton and the D missed, um, in the in the positions that they've taken up to now is the the interplay, let's say, between the intermunicipal agreement between the city of Taton and uh, and the town of Lakeville. uh is
there's an intermunicipal agreement that's been in existence. I think the first one was in 1987 and it was amended in 2003 uh specifically to provide water supply or to contemplate providing water supply for the Learon Hills project. It was
amended then again in 2009. Um again incorporating all of those provisions about how water supply would be provided uh by the city of Taton to the town of Lakeville including the Leberaron Hills project. Um, I won't
go into all the details of that intermunicipal agreement, but but the the the gist of it is that um that uh the the town of Lakeville can grant permits to allow construction of of buildings of projects and authorize the
the connection to the water. and where the town of Lakeville has has given that approval. Uh the city of Taton is agreeing in that inter municipal agreement that it'll provide the water up to a set total volume of water which I understand has already been
contemplated to have the the the Learon Hills project uh included in that and with the city of Taton taking full responsibility for all of the the the operation of the public water suppliers. So the uh the generation of the water,
the treatment and and processing of the water, the distribution of the water with the pump stations and all of that. Uh so that's all built into the intermunicipal agreement. Reading that is key to understanding how how the the the D drinking water regulations would
or would not apply to this project. So the D water supply regulations or drinking water regulations are 310 CMR22 and that sets out a whole series of of both procedural requirements and substantive requirements for public
water suppliers but it also provides definitions what is a public water supplier and what's exempt. So the key provision for this particular project is 310 CMR 22.03 03 and then subp
paragraphs 3 and 4. So 310 CMR22 paragraph 3 says that that set of regulations applies to every public water supply system in the Commonwealth except a consecutive public water supply which demonstrates to the department
satisfaction that it meets the following criteria. And the key criteria the first one is that the consecutive system consists only of distribution and storage facilities and it doesn't have any collection or treatment facilities. Well, that's the town of Lakeville and
Leberon Hills, right? You're just you're receiving your water from the city of Ton. You're not you're not treating it. You're not processing it. You're you're you're getting it from the city to second key criteria is that the consecutive system obtains all of its water from but is not owned by or
operated by a public water supply system which is subject to 310 CMR22. Again, that's the Baron Hills in the town of town of Lakeville. you're not owned by the the city of Taton water district. Um and you get all of your water from there. Um at least the Baron Hills does.
And then the other key provision is that the consecutive system, the supplying system have to have entered into a written agreement that addresses the status and the responsibilities of the parties for the ownership, the operation, the maintenance of the combined system including uh but not
limited to managing the drinking water sources. So that be the whether it's a a reservoir or or a well system. Um the suppliers responsible for that. Um the treatment facilities, the distribution system and the storage and water quality
sampling. The intermunicipal agreement does all of that. It's all in writing. So that's the key provision is that you have those three criteria and and it's in writing about who controls it. So I've reached out to and have had initial concert uh communications with Jim
Mclofflin. That's the the section chief for uh for the uh division of uh of drinking water water supply at the region. and uh and Jim has then forwarded my communication on to the senior regional council who I then sent
a more detailed email to just yesterday to to lay out here's the analysis and welcoming the opportunity to to talk with him and discuss it and get it figured out. Uh so in in my view the right decision for the department is to
evaluate all of these different criteria and conclude that Leberon Hills is not uh a public water system that is subject to regulation under 310 CMR22 because all it does is distribute the water in
its pipes to the users and receives all of the water from the city of Taton and the city of Taton has all the responsibility for the processing and treatment. water quality, etc. for for that system. Just exactly consistent with the way the regulations are set up. Um, exactly how
long it'll take before we get the EP to, you know, sort process that use that word sort of, let's call it pun. Um, um, and and reach its conclusion, I can't tell you. But, uh, but I I don't think it ought to take that long. This seems really pretty black and white to me.
Okay. I appreciate the update. Um, I'm going to confirm with council that um, and I I I wanted to because I know it's been a conversation going on for at least the past month or two with some of the residences and other folks around town.
So, I wanted to get an update cuz I again, this is the first time um, Baron has been before this board um, since the water issue has come up. Um, so I wanted us to be up to date on it. But um I'm happy to hear that council has, and
correct me if I'm wrong here, Bob, has confirmed that till the water issues resolved, you have no intention on starting phase six or completing phase 5. Is that what you had had stated for the record? That that is correct.
That is correct. And and again, since we're looking for approval engineering for Yeah. That that has nothing to do with us talking. That is correct. and and we would accept that as a condition of approval. Right. Absolutely. We can still no further construction, no
building permits um for phase six or any further construction on phase 5 until um we receive a confirmation from mass DP that we're in compliance with or exempt from the D regulations. Okay.
Absolutely. Now, back to confirm with uh council. Amy, if you wouldn't mind. Um, I guess maybe they want to keep us board happy, but I'm not so sure how much purview we have over the water issue. Could you clarify that just so I
know, you know, how if if we how big our hammer is, if we even have one. Sure. Um, the um, essentially D is going to make the decision. So, we need to hear back from D as to whether they're subject to 310 CMR22. And even if they
are, if they're subject to that under the purview of D, not us. So that's realistically not supposed to be incorporated into the process we go through here other than to say you need to make sure you're in compliance with D. Correct. Correct. And I think that we
could go as far as saying that they need to supply water to their residents. So we can do that. Um I um I'm happy to hear that they are agreeing to a condition that no building permits will be issued until um D confirms the water
situation. I guess my question is um I'm not sure how we apply that to 5B when phase 5B has already been approved. Um have building permits been pulled for 5B yet? I agree foundation permits have been. Okay. But we haven't started
construction. Mhm. So, um we'd have to have a conversation with Nate, right, about that. But, um do we have the leverage even to say no at this point? Having said that, again, I appreciate the fact they've already opted to say, "Listen, we're kind of we
won't our leverage is within the conditions." So, um our leverage is that you cannot pull a building permit until your water issues are resolved. Um saying no because of this is not under the purview of the zoning board, unfortunately. Okay. Well, the good news
is you're on the record. You said you're not doing anything to get this resolved anyway. So, that is correct. So, um we can put that uh on the side at this point and let's hope for everyone's sake we get it resolved sooner rather than later. So, I appreciate the update. Um does anyone on the board have any
questions in regards? What is the opposing argument to this? Is and is it primarily from the city of Taton? Uh well the the the city of Taton didn't in its communications with DP focus at
all on the fact that they have a written intermunicipal agreement that already provides that that uh that all of the terms for its provision of water are in writing and um and have this covered. They just took the position that in their view this should be a public water
supply system that has to be regulated. put the issue in D's lap and um um then and D hasn't resolved the question yet. So uh it it is very clear under the the statute and and the D regulations that's
310 CMR22 that the decision of whether um an entity is is subject to regulation is entirely the D's ruling. So, the city of Taton's water district can't insist
that Learon Hills become registered and certified as a public water supply um because they want it. It's entirely the D decision. So, we've presented the issues to the department to have it resolved.
Chris, if you look on um page two of the D, the 2023 D letter, they list all of the reasons why the city went to D. Um so, and it has to do with the operation of the water system or lack thereof as as
what they're saying. So, I think that was probably why they went to this to the to D um because they're it's their public water supply, but they're not able to operate it. Learon is actually operating it. I think that that would help. Thanks
your question. [Music] Okay. So, um, at this point, what I'm going to do is let's go into engineering. And Matt, why don't you come up and, uh,
with Bills and Thomas, if you could kind of review, obviously you've got the plans and Thomas, who was our peer review engineer, has reviewed them, made comments. So, if you can bring us up to date and where we are with the uh, with phase six. Sure. So for the record, Matt
Cody and Thomas um we had issued a letter to the board back in February and most recently uh a supplemental review on May 7th. Um uh so the applicant is so in our in our February letter, we noted
um several like deficiencies. Um the applicant has come back now requesting waiverss for most of those issues. Um including uh front yard setbacks, um the number of stories, impervious coverage, um front yard circle calculations,
um the width, you know, the widths of the road, the widths of the road, driveways of signage, just to mention a few. So I guess none of those are necessarily dealreakers in our eyes from an engineering standpoint. However, it's up to the you know the board's obvious discretion if you're going to grant
those waiverss or not. Okay. So, they've compi well obviously you had the letter in February. They've responded to that and any of the major concerns other than the waiver requests have been clarified. Correct. So, I guess some of the other So, beyond the waiverss, some of the
other outstanding items are we requested for a metric plan. Um that has not yet been provided. they indicated it would be. Um we questioned um you know minor things you know some of the how trash is being handled and some dumpster pads that were added but no details for those pads or you know the fence the enclosure
were provided. So we want to see that. Um previously we had questioned um there's an existing wastewater treatment plant that serves the whole property and just how like the development or the addition of the new units would affect that. You know what what's their capacity where they running at now? How
much more capacity do they have? Um they indicated they would uh provide an update on that. We have not seen that yet. So Matt on that are you looking for an update from D on that or from them? From them. Okay. Or we had just questioned you know you
have this treatment plant you're adding all these new units how you know where do you stand in your current you know allocation how much flow and things like that. Do they operate the wastewater treatment plant themselves now? That's that I do not know. you operate
association does okay what what we're requesting from D which will already started the process the plant already reached design capacity okay because D used to require 110 gallons per day per
bedroom however the actual use the plant is uh designed to handle 66,000 gallons per day on average with full occup with full occupancy Today it's using around 18 to 20,000 gallons per day. So the
plant is only using one/ird of its capacity. Now D would like to get a history of 2 years to see to see what the use for the plant was. And in the past they've approved additional units because the
110 gallons per day was done when things were not efficient. Faucets and shower heads and toilets flushes and all those good things. uh used to use a lot more water. Today the acceptable engineering
practices is around 60 gallons per day per bedroom. So even though the plant was designed for 110 gallons per day per bedroom, we really have capacity to add few hundred units if we choose to if D allows it. So and in the past D allowed
uh similar situations. So this is a D thing. So we have to go in front of the EP ask their permission and if they say no we have adequate land around the site to put regular septic system. So we have to wait to see what D says and if it works
out that you can expand you can. If not you're going to have to put another one in. We we have enough room to do septic systems to do a a shared septic system. Yes. Okay. And you'll have to get those plans back to to you. Oh yeah, but that is certainly consistent with you know
the 110 gallons per day is conservative and often it often ends up being much less. So yeah, the new number is 60. Yeah, I would say it's it's it's well my guess is it would be outdated. That plan originally was put in place quite a while ago and I think we the new building codes and I think we've become
a little more efficient in 20 years. Right. Right. So, so that wouldn't I I assume there's capacity in their existing system based on that, but yeah, we we're looking for that to be confirmed. You got to get D to sign off on it. And if you do, we're good. If you don't, you got to give them a plan for
septic. So, you guys know what you need to do. Um um so next, we we requested a sweep path analysis, you know, for a fire truck, kind of how we would navigate the parking areas. Um, we did note that it seemed like some of the turning movements were clipping like
parking spaces, meaning like if a car was there, it wouldn't need, you know, kind of was kind of intercepting some of the lines. So, we want to see that cleaned up andor deferred the fire department if they're comfortable. Again, I was just going to say that's the simplest thing to do. Yeah. Again, it's those those kind of turning
movement um analyses again are conservative. Um, typically a you know, a seasoned driver is able to, you know, make those turns. But again, bas based on what was provided, it seems like they're cutting it close to a couple spots. Okay. Um, we had noted um some
inconsistencies in the parking counts. I believe they had indicated they were providing 154. We were only coming up with like 150, 151. So again, not a huge issue, but something look clarified, clarified just to make sure we're all on the same page. And then um we had noted
several storm water concerns. Many of those were addressed. I guess the one thing we would note is that they're um they haven't provided their SWIP yet um which is common until it was a free out but would as a potential condition of approval. Okay. We'd want to get that SWIP submitted prior to them doing any
construction. Um we had also so back dating back to February. We weren't aware of the water issue in in our mail letter. We did bring that up as a concern. Um but it sounds like that is already well underway. So other discussions about that are well underway. Okay.
Um Amy, do you have any comments additional or most of the waiverss are seem to be standard? Correct. As to what we knew we were going to ask for for 40B anyway. Okay. Y uh before I open it again up to the
board, uh any additional comments from Bob or Jason or Mohammed? Mr. Chairman from the resist. Uh just to confirm what Matt is saying. what Matt is saying that we we
believe we are exempt from those regulations and he's supporting that with documentation and and agreements that were signed with the town of Lakeville mentioning Lebaron as part of that. So uh subsequent to that letter of
2023 uh Thompson made a lot of claims that we actually met with D and proved them all wrong. So Ton came up with things that are not true. We had witnesses, GC's and
and that invited Thton to come to the site to inspect things. Pton did not. They said, "No, this is private property. We do not want to be there." We hired an engineer on our because we thought this might come up as an issue. We hired a third party engineer to come
in and witness the construction and certify that everything was done based on ton specifications to make sure that this issue is not going to come back and haunt us. But somehow it came back. So luckily we we we had that third party engineer that that did meet with the EP
and he and the GC that was work that installed the water lines that everything was done based on the approved plans that the town flame will approve and and Tom should just accept responsibility and and
and you know uh and just don't don't push don't push uh for for making us a consecutive water system that Matt strongly believes that we're exempt anyways. Okay, board members, do we have any
questions in regards to the engineering um report analysis? I just may add to to what uh go for it. Mr. Cody had mentioned. So, the photoometric plan is coming from the uh lighting providers to to ensure that the
light pollution doesn't go over the lot lines. Um dumpster pad, it's a fenced enclosure, 6' high fence as noted on the plan. Uh we didn't do an actual detail for it cuz it's just a concrete pad with fence around it, but um if the board wants that, we can certainly provide that as a separate attachment. If he
wants it, we're going to want it. So, and then the wastewater treatment plan. You talked about the sweep path analysis for the fire trucks. We revised um I did notice the spots did notice where it was getting too close. Um so we've revised that um turning radi so it's not as close anymore. So we can provide that to
the fire department. Okay. Um the parking count was a typo. We had it at 154. You had it at 151. You were correct. Thank you. Um um but again we're over the required parking. So it's just a typo on the plane. It's just in one table. Um but
that's a a typo on our part. the SWIP. Um, that's something that we usually do after prior to construction once a contractor has been chosen because we have to have all their contact information in there. Um, so again, that would be a a condition as well. Okay.
Sounds like you're working towards getting them what they need. Um, some of it you're maybe already on its way over. So, um, board members, follow-up questions, clarifications, anyone? Amy, anything we didn't ask that we
should be asking? Not right now. Not right now. So, Mr. Chairman, yes, sir. Just the the one thing that's still missing other than the water and the sewer tank is the photometric plan with a plan which basically a lighting engineer is designing it to to choose
which lights to use. And indeed, they're going to provide us with a plan that once we have this plan, we can just include it in our plans. and and I believe we're we're done with anything that we have to do. Uh and and uh uh you
know we should I believe we should move forward with approving the plans as sub as submitted. We need waste water, right? Yeah. Yeah. We have that contingency that of course we have to get D's approval to tie into the
wastewater treatment plan and Mr. Chairman and Muhammad that D approval will take quite a while almost a year. It's going to take that's correct. So we already have 2 years of data where as we get the data month by
month those those um so the treatment plan there's a person from NSU they goes there every day they measure every day how much was pumped into the leeching field they keep a record of the data they take water samples make sure that there's no contamination from the
observation wells around the treatment plant and then the one that certify how much is being being used uh into the system. Like I said, the system is is is has so much 60% more capacity than what
it's using today. And D in the past have approved similar request. So we don't see any reason for them to say no. Uh but we have to go through the process that can take a year or so. So we're still a long way. So even even even if
we have all the other issues resolved, the sewer is going to control the construction, right? You can't do anything till you get that taken care of. That's correct. Um why don't I do this at this point? If no one else on the board has any additional questions,
um I am going to You can grab a seat, Matt. Thank you. Uh I will open it up to the audience or those in attendance. If anyone has any comments or questions, please come up. State your name directly to the board and hi. You don't need you
just it'll pick you up. It'll pick you up. No, Lakeville. Um I'm learning so much about water. This is the most complicated thing I've ever heard. But whatever the understanding is between Taton and D and Learon. I really hope
it's in writing because it would it makes me very nervous to hear that this is all verbal and I'm sure that council would agree with that. I missed your meeting two days ago because I attended the water committee meeting which was held at the same time
on the same night and boy did I learn a lot about water. Um I looked at the 80 pages of attachments to your agenda and read Thomas and Beiel's um that went on and on and on and I read all of that.
What grabbed my attention because I was married to a firefighter for many years and one of his jobs was to go in and inspect fire systems and they were complicated. Some of them were very simple restaurants,
developments like yours and it came down to one thing. They either passed or they failed. And the the letter that Fire Chief O'Brien wrote in May, it concerned me. And I understand that the water issue is
huge, but these fire safety problems are are very important. They're very important. Not just the turning of the trucks. You know, I'm not going to go into detail about them, but I had a conversation with him.
um a very nice conversation and his words of wisdom to me were this. He said, "These developments when they're in the planning phases, if you don't go through the things like what Thomas and Beals went through and Fire Chief
O'Brien's issues, if you don't address them in the planning phase and you go ahead with building, and I understand it's going to be at least a year till it happens, but I just want to impress on you that it's during the planning phases
that you've got to address what this fire chief is thing to address. Um, so I know the water issues are big, but these are very important and and I just want you to bookmark that. Um, so please
please do that. Please do that. Anyone else have any comments or questions? Looks like you want to say something. Come on up. Anyone be shy? No. My name is Ann Rossky
and I'm actually representing a resident that lives at uh 8 Country Club Lane. Um a lot of issues. I went to the meeting Monday night. Um Noel was there as well. Um and it was it was a little concerning
that this meeting was actually going on at the same time. So we couldn't be in two places at once. Um however the current situation that um no one has talked about is the meter, the water
meter. There's only one that contains the entire complex and I know you inherited that when you took this on. There is only one master bill from
Taton one. And what is happening is is because I just paid the water bill for eight country club lane who but has been empty for other than 3 weeks in that three um 3month
period was $151. Now you say, "Oh, $151, not bad." No shower was taken, no dishwasher was run, no laundry was done. It was still up there. Um, so what is what I'm I'm
assuming is happening is that the one bill is coming in. It is being charged at the rate of tier three, not tier one if we had our own meters. It's charged at tier three. And
the difference is about $30,000 a year approximately um that we are paying the city of Taton additional in water because normally the rate right now is
$612. That's what the normal one you know two three bedroomedroom house they would fall in that category. Learon is paying or the the residents of Lebaron is paying $10.83 because it's being charged at I
don't want to say a commercial rate, but it is at tier three. So, they're paying much more for the same water than everybody else. So my my thought would be why are we not having individual meters at this
point and being able to pay $612 instead of $1083 that hasn't been brought up at all. So I'm going to right here as I'm looking over at Amy. Uh, but my understanding or I guess my assumption
is that the the homeowners association is is dealing with time at this point. Correct. Is that what's going on? So, I'm not sure if it's between the homeowners association and taunt and if
that even a does it fall into our purview to even get involved in it. Secondly, is there anything we could do about it anyway? It it's it's not in your purview for as looking at a 40B. It it's not they have to supply water. How they
supply the water, you know, is is technically up to the developer and the water supplier. I I don't know what these interconnection inter I mean intermunicipal agreements. I don't know what they say. Um we don't have those either. So it would be at this point I
think between the the HOA and T and Ton. Is there anybody in Lakeville who can I think do anything? Select board are the water commissioners. Okay. In in Lakeville, the select board of the water. I just want to give her some
guidance here. So, um I know you'd like to wave a magic wand to take care of but I don't think I can. I just I want to bring it to the attention because what we're doing is we're now going to add more to this and more to this and now
like you know what we need to solve it now before it becomes a huge issue. I mean this should have been addressed way before the cottages were even built. Like it should have been addressed could
um and there are multiple letters. I mean, I do I do have the letters. I have the one from the fire chief. Um, I have Gails and Thomas. Um, I also have the D. And on page two, I mean, there's some
heavy stuff on this that I think needs to be addressed before we even think about pouring a single foundation. Well, the good news is they just told us they're not anything. We just need to make sure that that happens. Um Jerry,
thank you. I actually clarify the question. So uh you mentioned the rate that you pay uh for your water drink. Who sets that rate? Who negotiates on your behalf? Fine. Fine. Because the bill we want to negotiate on your behalf is part of the So what happens is is
because we have only one meter. Mhm. And it's a complete of of what everybody's using for water. So it isn't the individual meters where normally if you have a home in Lakeville you would have a meter on
the side of your house. Yeah I got and it would be red and so forth and you would probably fall somewhere between 1 and 30 which is $612. Here we're looking at massive more. So more than 251. So that puts us
at tier three, which is $10 in change. What's that? Yeah. 61 cents. Yeah. So it's based on your tier. Based on your tier of water consumption, right? It's how many
connections? Yeah. Yeah. It's the whole It's the whole complex and it's being divided by I'm assuming Yeah. Go ahead. Yeah, one one at a time. Are you going to stay up until it I want to just explain first of
all, thank you, Muhammad, for we appreciate everything. Um, with regard to being a PWS, cannot thank you enough. I'm Kelly Newman. I'm I live at 101 Learon Boulevard um in the estates and I'm now the
chairman of our water committee. What is trying to be explained is right now the way it's been this is not on Muhammad when the original builder in 2002 was submitting paperwork it was if you go back and look at all the meeting
minutes right there are meeting minutes that say this master meter that's at the entrance of our neighborhood is a temporary is to get us started it's temporary I have copies if you would like to see it. Uh so it was a temporary
measure that was back in 2001 2002 and it looks like Judith Nish engineering company drew up the plans for that master meter and submitted it to Taton. If you look at all subsequent meeting minutes in Lakeville, whether
it's planning board, zoning board, um or whatever, it talks about water capacity. It doesn't talk about ever again this master meter. So the way Tatton builds us is it comes out of there from their
plant. It goes up Route 79 right where we're across the street from Learon. Everyone knows that from the golf club. There's a master meter. We have volunteers in all six phase. Well, now what are we four phases that every quarter they get on the phone and say,
"Hey Joe, hey Kevin, hey Mike. We're going to read the meters. Let's make sure we coordinate it so we're accurate. They go and individually and they volunteer to do this and they read each and every meter to calculate the massive
amounts of water that came up to that master meter. So, not only are we getting char that that puts us by talking at that third tier and that's why we're paying $10 and something per HCF. Correct. Whereas a
resident, a normal resident, they pay 6.82 per HCF. To me, at the end of the day, is that fair? How is it that Taunted has submitted has
alleged that we have to be a PWS and they sent false information. They sent false information to the Massachusetts D as Muhammad has said. They said things like we were kicked off the site when we came to inspect. They said things like
they said they were kicked off but yet they said in that letter suboptimal pipes. How can you be kicked off and then yet in the same breath say suboptimal pipes? I'm sorry. Something's not right here. So, at the end of the
day, we as residents are simply asking for fairness and that our water is assuredly clean. We don't know that because of the way the configuration is. It's a closed loop. So, the water circulates, but it
doesn't go back anywhere. And that's when I said the other day, my father died from Camp Lleune water contamination. I bought in this neighborhood a year and a half ago assuming my water was safe because I
was told that it was public water. Come to find out, it's not completely true. So, we're getting ripped off and we as residents cannot say we we know 100% that our water is safe. So, does that clarify it? The only only
other thing I want to say is what's frustrating when you look at a macro level doing all this research, what I'm finding is that because Lakeville doesn't have a water department perhaps and because this has taken 20 years to
develop, the left hand does not talk to the right hand. And so, when we go to get help, we're told, "We can't help you. It's not our department." Just like we're sitting here, right? Zoning board, you guys can't do anything. I've called the board of health. I've called other
departments. Hopefully, this will get resolved. But we just want you to understand it's not just about being a PWS. It's also to ensure that our water is safe. But also, let's be fair. Why are we being charged $108
something per HCF when other residents are paying 6.32? Yes. Before you go, um, is there another tier? Is tier three the highest tier? Like at this phase 5B and Okay. Is it the highest? It is the highest tier.
It's based on volume. So they get to read it. Oh, it came in this meter. Bam. It's nice for 30,000. We predicted that with all buildouts, they would get an excess of 30,000 from us. We're 5% of
the tax base in Lakeville. We're just asking for fairness, that's all. So, thank you for your time. You're welcome. Um, I'd like to answer your question. Um, usually when you have a a central
meter, if you have a full family reaches that highest tier right away. So really the the the I agree that it's not fair for the residents that they get to to to pay the highest tier based on the use of
that of that elastic meter. Uh what we installed you asked the question is that how do you read and how do you charge people? the previous developer as well as ourselves, we installed individual meters in every single house and the community goes out and they read all
those meters and they build the residents for their use for their water and their sewer. So, so, so basically um you know to because we're we're a good chunk of our community is 55 and older.
uh some people go go out in the winter you know they go to to to Florida or whatever uh so that's why the meters are there so but at one time it was divided equally among everybody and then they decided to start reading the meters and
and building the people based on their use uh and that's how it's been running that's how we get to build people so we build people for not us the homeowners association by the way it's totally outside the developers control So they read the meters and they build the
homeowners for their use for their water and so forth. Uh so that's how they get built uh individually. My only caveat with that is that clearly is not true. If she's telling us she was built $100 for her bill when no one was there
because because the the community has that like take the treatment plant. The treatment plant is going to take $10,000 a month to run. Whether there are residents or none, you still have a meter charge or a sewer charge. The same
goes for for water basically. Uh I have Exactly. So there's a basic charge that has nothing to do with your actual use. It has something to do with keeping money in ascrow uh you know for future repairs for rental.
Excuse me. our charge. Is that right? It it so so let me tell you this example. I have a house in Ava public water. Uh the house is is empty. It's abandoned actually waiting to be knocked down. So I asked the water department to remove
the water meter because they were bidding us $100 every quarter. And we asked them to remove that meter because no the house is abandoned and it's all boarded up. They were still bidding us $100 every quarter. They removed the meter. They
still built us the $100. So why did you remove why why why am I still telling the same? They said because of the water line in the street, somebody has to maintain it and the fire hydrant and so on and so forth. So there is always this minimal charge no matter what. And then
on top of that, you start getting your use. Noel Noel really again. just want to say that that this development, this project of yours, and it is your project. Um, you
know, you have to take responsibility for what you took on and I'm sorry that Ton is not being accommodating and but you're certainly not a victim of all of this and and these people some of these people are, you know, Noel, Noel, do you
have a question or a point? They're on they're on Yes. They're on fixed incomes. So, please don't pretend that you're a victim of this. I'm sorry, but it's your project. And this argument, this really builds a very strong argument to not allow you to do the same
thing over on the other end of T town in Rocky Woods. That's my feeling. So I would like to add actually I forgot to to mention something as we heard from the neighbors early on in the process when we started building in the community and that that why how come the
community is paying the higher rate. We actually started including in every purchase and sales agreement a disclosure that details how much people are getting charged for water and how much they're being charged for sewer including 8 country club lane. if they
look at their purchase and sales agreement, there's a disclosure there that specifically says what is the water rate that the community is paying. So I do again this is outside of our purview so I want I want to wrap this up but I that my only question is and I'm not
sure if this is for the D expert or for council a the I know as far as the D the water quality that issue you you have to handle that but as far as the concern about what the residents are having to
pay a is that a resolvable problem again I know it's not our preview I'm just asking so they may know or or if they we could give them some direction. Is that a resolvable issue? And if so, who is it with? Is it something they unfortunately someone's going to have to deal with
taunting on or has that ship sailed and it's tier three and that's it and there's nothing that can be done. I don't know if you if you don't have the answer, you don't. But if you do, I'm just curious. I can address it very briefly. All right. I I don't have I don't have the answer of of how it ought to work out, but um uh it it's something
I can certainly investigate further. The intermunicipal agreement has very specific criteria in it for how the water rates are to be buil residents and so it's in it's in our MIA with with Tom. It it's in the
IMA. Yes. And and so the question really would be how are how are similarly situated homes and developments in Taton build and are they built the same way as these projects these homes in Lakeville?
So under the IMA they're supposed to be built the same way. Okay. Yes, sir. Hi. Uh my name is David Martin. Uh live at Four Putter Way in the Bear Hills. been there five years and I've been working on this water issue pretty much since we've been
there. So, um, Monday I think you're getting the sense that as a committee we kind of informed the whole subdivision of what we've been working on and I think some of the comments may come from that maybe not complete understanding of some of the issues that we've been dealing with. Um, been working very
closely with Muhammad and uh, Ramy Atani through this whole process. So they've been very helpful. When we get to this billing question, you know, obviously we're very excited to hear about hopefully D saying cotton, you're responsible for the infrastructure for
everything. Then we address the billing, but we would ask the committee for phase six. We are right across from the source of the water there at Elders Pond. So we would like to have the waters being
supplied into phase 6 connecting into our system so we have the flow through of water. Uh the fire chief has asked for that as well. So being able to have that flow of water from both things means you would have to have individual
meters by taunting to bill. So long they could no longer rely on a master meter. So that's the the uh solution to the problem. We get connection through Fern Avenue from Elders Pond. We have water from both
sides be able to have uh improved water, improve capacity if there's a fire issue. Um as as a committee basically we knew we needed to adjust our readers to be compliant with Taton. um Stonebridge through Muhammad was very helpful for
helping us financially to do that what we'd have to do so we would get out of the billing business and reading the meter business um because we have the individual pads they just have to be changed to be able to be read by the truck as it passes by. So if the ZBA has
any capability to say where is that source of water coming for phase 6 that would be fantastic to say okay it needs to come in through Fern Avenue and have an open loop system. So that way we have water and then they'd have to build individually. So thank you that'd be
great. Thank you. Hey one second Amy can I ask that question? I mean I can ask the question. Can we can we can we have any ability to condition it or as long as they have water that's all we need to be worried about? It's really as long as
they have water. Uh we could but I think you can ask that question. I'm going to ask the question. I didn't know how much teeth I have. I mean I'm curious for the answer. I'm going to ask the question and Muhammad may have been ready to tell me the answer anyway. So go for it. So when when when this thing with the water
started up and we actually informed Town Water that we're planning on phase six, Ton Water requested that we tie the water supply from Precinct Street and tie precinct street to Lear. However,
they wanted us to put a gate where they control it and they keep it shut off and they will only turn it on in case of an emergency. So the water connection will be there. Precinct and lean will be connected but there's a there's a gate
or a valve in the street. Water ton water will control and they will turn on and off. Usually it will stay off unless ton accepts to start reading the meters within the community. So at least the infrastructure will be in place and
that's on in our engineered plans. So that's how we're proposing the water line. So in case Taton decided to read the meters, all they have to do is open the gate and then that's it. But right now Taon says they want to they're saying but at least the infrastructure
will be in place. So So later on nobody has to dig up the roadways. Do you want Do you care if it's open or not? Is it is it Taton's request to keep the I can't but somebody at midnight can come and and turn it on. Anyway, no. Do do you do you do you do you care
if it's open? Uh, no. Actually, what what Amy, do we can can we this board's the permitting authority for this this this phase six, right? Y can we interject ourselves and and tell
Taton, you know, or or put the burden on them to any degree to say we want that connection from there and we want it open. Where is the connection on property owned by who? It actually it's it's on on Fern app ties to Leon
Boulevard and it ties precinct street to Leon Boulevard. So the water connection is going to be there but Ton wanted a gate to to keep it closed because Ton wants to keep it closed cuz they don't want to have to put the meters in. That's correct. Yeah, they want the
higher bill. Now the meters the meters that we have are are are uh compatible with the ton meters. what David alluded to, there's a reader so that Pontton can read it electronically which which I believe
um uh we we accepted to to um we signed an agreement with the community that we will help them financially to get those up to date in in case we're supporting the community with this. We want the community to have individual measures
and to be read. And I believe the concessions that we did to Thompton Water and to the community exceed $200,000 of fees and and and changes to the system that we're willing to bear to try to help the community. So, we we've
been trying to be very helpful. Uh Taton doesn't want to do it. They're saying the subdivision was approved in a single master meter. That's all they want to do. That's it. They don't they don't want to hear from anybody and and that's
what it is. Hopefully, Matt will be able to convince them otherwise. Um but you know there there's there's if they can keep insisting on it, I don't think we we can do any we can take we can't force them to do anything. Again,
we we we we're happy to help the community uh and and try to make sure it happens, but it's not our decision. I don't think there is much we can do. We we can put in our decision what our preference is. We can put a finding. Okay.
If we may if we make a condition that it has to remain ungated um and Tottenham says it has to be gated, they have to come back for a modification. So it would put the burden further on the developer. No, she's saying if I if we condition it
to say listen, you need to make sure that it's not gated and Taton says we're not doing it. They will not allow you to come back. So you we don't want to you can send them that you would like them to do that and then see what
they respond. Oh, we we will send them something. Yeah. And it won't be a gift. Um talk to them. Yeah. Well, let's Yeah. I don't know. That's we'll we will we will I will assure the residents this. We will do what we can. Again, I don't want you guys to use any false hope. I don't
think we have much. And he's nodding his head back there cuz he's not this issue, but you've been through these issues before. There's only so much we can do, but we will do whatever we can, whether it's sending letters or coordinating with other boards or, you know, working with the developer. We would be very
happy to help. in any way we can, we will be happy to help. Again, this is a situation that preceded us by 10 years and there were 100 units already built before we came in and they were all on a single meter and everything. So, right. No, I get it and I but I appreciate the
residences and how they feel at this point. So, we'll all do what we can. We will we will we will although it's not in our purview, like most of the stuff that's not in our preview, we put it off to the side. We will not put this off to the side. We will see what we can do to help help the cause. Thank you. Thank
you. Yes, sir. My name is Steve James. I live at 70 Learon unit 12 in the in the project. Um the thing that I haven't heard brought up here and I don't know what the DP's position will be, but this water system as it's currently designed
is a closed system. The water comes in, doesn't circulate around, it just goes in, goes down as a dead end. That's not how you design water systems. Whether the DP will even allow that to continue, I don't know, but they
shouldn't. It should have that opened gate at the at the uh precinct end. And as soon as you do that, then the meter at the upper end is meaningless because you've got water
coming in and out of both ends and both both sides of the system, which would force doing the meters. Ton using the meters that already are there in the in the in the area, but
um I don't know, Kelly brought this up. The concern is the is the safety of the water. Is it, you know, when you have a dead-end system, you get bacteria build up and that's the system we have. Heard and
understood. Again, was there's not much we can do about it. But we will bring we will bring the all your concerns to whatever parties you think they should. I was just hoping that this gentleman when he's talking to the DP can say, "Hey, is this really how you want this designed?"
He's here. He can hear what you're saying. So, um, all right. We're done with water for the time being cuz we really can't do anything about it tonight. Doesn't factor into this process. So, um, any additional questions, follow up
for So, we do have a few outstanding items. Um had referenced that you know some of them are have been taken care of and some of them are on the way so to speak. Um I do want to ask it was brought up
and it's we'll say it's a fair point. So in regards to the and the letter from the uh the fire chief. Did you guys get a copy of that? Have you seen it? Is that a new letter? We got one the very beginning on the
project by May 6th of this year. I not see that. Well, I was going to read I'm going to read it for the record, but Noel just gave it to you. So, uh, this document has been submitted as comment on the modified basic site plan of Learon Hills development stamped
by engineers 42125. The updated layout of buildings fails to provide fire department connection locations for the sprinkler systems. These connection locations have information on parking plans, landscaping plans, hydrant location approval, and fire apparatus access. department asked the board to
compel the applicant to provide the requested information. Additionally, the applicant should be aware that no occupancy permit shall be approved by this department should there be conditions non-compliance with the relevant fire codes to include these mentioned in this memorandum.
Yeah. So we have two hydrants proposed um one next to each building um and then the fire department connections would come from the architectural plans the actual connections on the building um on where those would be exactly. So and it gets designed and approved by
the by the fire by the fire department. Right. So, so the sprinkler system and and if they want us to move the the uh fire hydrants around will be or add another fire hydrant again just never again that's that's why I I wasn't sure
if you'd see in the operated sign only sprinkled and and the buildings themselves will have hydrate connections that tie into the the fire department. Matt, I'm going to put you on the spot. Um, you knew that was coming, right? So,
can you comment to any degree on any of the information that the fire chief has sent over to us or Sorry. Unfortunately, no. That level of detail seems like it's typically something that would be during the building permit. You said that that's something, you know, architectural plumbing plans like where's the water
coming in, where's the water going out. I mean, they're not at that level yet, unfortunately. So if that's something he's looking for, that's I don't know how they provide that. It's kind of not not not to put the fire. It seems like they're that's asking for something that I don't know that they have at this point. Something that that that'll come
out in the future. Something come out in the future. It sounds like fire is trying to get ahead of it, but I don't know something necessarily they can provide. You know, that's like the internal plumbing of the building, which I don't think they have at this point. What about um hydrant location approval? Well, hydro Yeah, hydrants. I mean, the
hydrants are showing. So if the fire chief has an issue with where the fire I mean he should say you know where does he want them I guess instead I think as indicated if they want them moved if they want relocated they want additional that's probably a small I guess I when I heard this was looking for the actual
fire connection to the building that's like the internal plumbing of the building yeah I'm just I'm reading this the hydrant yeah okay so he does have hydrant location on fire apparatus access which is which is this path kind of issue we noted yeah he already noted that. Yeah.
Right. So perhaps the applicant can reach out to the fire chief about the hydrant location. Yeah. My suggestion is we will coordinate between Yeah. fire chief and and ask him exactly what he's looking for at this stage cuz obviously you can't
uh we can't really comment on items that haven't that are in the future as we just said which that's fair. Correct. Yeah. So Mr. Chairman, I think we have like three or four small items like that remain there. Perhaps we can get them
all resolved and on the plans and approved and well, here's what my suggestion is going to be. I think hopefully you can clean this up for next meeting. Again, although it's not in our purview, um we can have a little more information on the water knowing that
you're not going to build anything until that gets completely resolved anyway. Um, and then we may be at the point where, you know, we can we can move forward and get Amy's okay on. So, my only question was it there
was an updated waiver list that was dated I think 426. Is that the most recent? Is does that take into consideration the waiverss that Matt had noted in his peer review letter? Yes. Okay. So, the waiver list that we have is complete, ready to go. That 426
waiver list keeps takes into consideration anything that Matt put in his May 7th response to us. Okay. Okay. Okay. So, you can start taking a look at that stuff. Definitely. Great. Anyone else have any other questions?
Anyone in the audience, don't take this the wrong way, folks. Other than water, have any other comments? Okay. So, anything else additionally to add? All right. So, what we're going to do is we're going to coordinate clarifying the few outstanding items,
connect with the fire chief to make sure we keep him happy, and we will continue till June. Is that what you want? We start working on the decision. I'm at the planning board on June 12th.
Who would you rather be at? Listen, I'm always joking. I'm They ask me first. So, I got to I already committed. I made a commitment. Um, care if it's July or do you want to come back in June? I think we're okay in
July. Yeah. Yeah. We're already You got to wait a long time to hear anyways on the other stuff. So, okay. Okay. For July. You good for July? That's fine. Amy, I'm checking with Amy first cuz I rescheduled to July and then she's not here. Sure. Um, I All my Thursdays in
July are free. Okay. All right. Thursday. 17. Okay. Based on that, I will entertain a motion to continue this until July 17th. I'll make that motion to do July 17th. We have a second. Second. Any further discussion? All in
favor? Opposed? Motion carries. Uh so just for an update to remind everybody, our next meeting is Thursday, June 12th. Uh that is here. And then we also have a meeting on June 16th regarding specifically the Simmons Hill uh project
that's at Lon Pond Lodge. I'll entertain a motion to adjurnn. I'll second that motion. I'll entertain one. That motion. I'll take a second now. All in favor? I post motion carries unanimously. Meeting adjourned. Thank you.