it is 7 o' on April 22nd the meeting of the Southwick Bo of well to order we have some paperwork to review um you just noticed we got a notice from the Southwick cultural Council that uh there's a meet the artist reception on the on the 26th of April uh from 5:30 to 7:30 in the South everyone is in invited to attend in in attendance tonight we have associate member um Dan Tobias associate member Mike parent uh member and vice chairman Bill Liss member and chairman Chris mastriani and secretary rendy CER absent this meeting is uh being broadcast on Zoom it's a hybrid meeting and it's also being recorded on zoom and being audio recording um that will made available on on the website and at in the future for reference um we have Rie of meeting minutes from April 8 so let's do that now and take that lousy day huh Paul last time you came here I said hey what a nice day you no wasn't it was a lousy day so I figured I'd start out this time by saying hey what a lousy day huh Paul give you back some of your own medicine got it fill it out it it's a d to your fire D to your I'll take it whatever motion to accept the minutes right you okay right waiting for you peruse them Paul okay away all right okay go Motion to accept the minutes a motion to accept the minutes from April 8th do we have a second second you have a second uh tonight voting members tonight will be Paul greguar Bill list and Chris mastani the full full members um all in favor I the meeting minutes are accepted from April 8 we have a participant Kim can you hear us yes I can very good okay thank you uh it's 7:05 tonight we have a public hearing um I'll read the notice of the public hearing please find below the legal notice for the following hearing for the publication in the Westfield news released on April 8th and on April 15th notice is hereby given of a public hearing to be held Monday April 22nd at 7:05 p.m. to hear the petition of an o euk for property located at 55 Foster Road Southwick Mass the applicant is seeking the front setback of 30 ft in order to build a house on the property this this will be a hybrid meeting hel in person at the land use conference room at Town Hall and also via Zoom an to you want to come on up and tell us about your project please an was here a little over a year ago from 19 anding working on that project also so you might recognize yeah so uh yeah my name ANUK I am the petitioner uh asking for the variances to build the house yeah I BR some some PL some screenshot I didn't bring the full full set just the important this have yeah yeah that's fine like I don't think I can read it at least so that's good it's bigger thank you yeah so uh I've been driving by this lot like almost a year on the on the street since I work on the 19 fer roll and uh was thinking is there any possibility to build anything on it so and uh I come up with with that with that plan with uh uh that idea and with some challenges and I think it's um seems to be doable if I will get approval from couple of commissions for for this board and for Conservation Commission so so basically what what I come up with that's that's what can be done so I cannot move house further from the road or I cannot move the house closer to the road I mean maybe it's possible to move closer but this I I don't want to do that because that's not going to be uh very appealing for the future yeah so I'm looking at this with Foster Road directional all your services for your leach field are going to be in the front yes on that large hill before it goes down to the road yeah that's not the on on this area this not not not very high sot wide I took a picture of my truck below it was on top of it the truck is 7 feet 5 and a half ft tall so I'm up over it and in the back there's a clip that goes down to the river Lally like you fell down that you're you're right down to the water and that so that area pegged off is where you're you're staking this out right mhm so with the pin that we talked about yeah that I found there's an elevation from the front that you walked it I think yeah just on so there like a left and a right with some perk tubes um and like I said this Ridge right here is a cliff where on this right here map right here is that literally like right right behind the trees yeah and then your road no no the The Cliffs um The Cliff starts right should be on the front right no it's that's the r behind the that area so so it goes up a flat table and then right down to the and the river is pretty FL I mean it's active or whatever I call it stream but it's active back there um okay so so what's the 20 feet is that the barrier from the river back that you got to have for Relief yeah see that Contour contour line is limit of work so so there's 100 foot buffer I'm assuming right here right so that's uh so this is the buffer from the river yeah so so right next to the house the 100 ft buff oh so that's the other oh okay that's where the okay Riv is there so there's the buffer which is right at the corner of the house and that's 75 foots the back corner of the house would have been for a normal setback and you got 35 ft of house foundation in the slab looks like right oh yeah that's on the slab because uh because of the septic system you cannot put yeah because it's already raised okay and do you have a picture what the house is going to look no I I didn't done the plan yet but like you see on the plans of the garage on the original which I submit I show the garage on the right side but uh when I uh look closer to it so it's it better to do on the on the left side of the house the garage so you can see that driveway yeah like a raise Ranch uh no that's not going to be the raise Ranch because that's going to be slab I cannot go any lower than raise rench is when no you can put when you below the well you want a two story like Colonial then yeah there going to be U not not sure yeah something with two story maybe Colonial maybe something contemporary two story but not not all okay yeah orientation that's when you walk up to the top that's the right side that be yep that'll be the left side so your PIN that's there's a where was the other one I had a pink was laying down but there was a pin stake up there and then yeah so kind of this way would be the house would be sitting here that's kind of depicted in that area there this one Dan that's just that's the backyard that's the PIN for the house Corner this one here so this is facing the road the road will be this way okay facing back yeah okay yeah so it's to your right so that's the road to your back and this is the left side of it facing out and then this is the backyard that goes down to the river right yeah and then this is right here this this is that drop off that goes down to the river back B and that's the front front view looking up top that you can get about 40 feet back after drops right off down to the river I mean it's literally a shelf so weird it's designed lot I mean obviously it's like a mountain kind of goes up so and back down and then where the water is it's low obviously and then that's kind of looking at the top down towards the road and that's I marked off up the hill so you're about 35 feet back there close as I could get yeah so anyway so you got an idea where where he's putting this to what you have for visual back take a couple of voice scouts out there with you when you did this I was hoing by the time I got out there it's been a while since I climbed out there you really got out there yeah no it is the next next I used to play back there next to the to the left next to the pool is very very flat air is drivable I mean that's that's not not very sloppy so you can you can drive uh but with some gradient correction maybe lowering little bit on the front I think that's going to be looks look nice so you haven't bought the piece of property yet have you huh you haven't bought the property yet this a contingency to get it yes okay okay what's this proposing Reserve question what is that I think that's a backup septic system to propos reserve yeah they they they require to have the same uh area as lynfield like just in case the Le field they supposed to have the area to build the new one interesting yeah you shouldn't be listening to it time think well anyway I know where I said just a little bit a little bit more background I had a conversation with s poer from the Conservation Commission coordinator I think with her I met with her on Friday for a little while and she explained what these different buffers are there's two different things that come into play there's the normal uh buffer from Wetlands which is 100 feet which is marked on here and there's something something that's new to me is this 200 foot Riv Riverfront buffer which is a mass choose its General law thing I don't think it it's it's detailed in the Southwick bylaws but it is reference in to the Massachusetts General law and what that is is is it allows this 5,000 square foot Al it's called an alteration area is is is allowed which is what anatol has shown in the the gray area here but she explained to me that it's 5,000 ft maximum so that that is subject to being to to some more restrictions based on when the Conservation Commission reviews it formally so that's that's uh something that I that I learned in my conversation with her so um and and anything outside of that area cannot be touched at all you can't take down trees you can't grade it you can't can't do anything so if if on on this diagram it shows there's trees down well that can feel SP down I think it look pretty fresh cut and on the right side of the house it shows the the dotted line of the limit of work is like 5 feet from the house you're talking Chris so we're on the same page this is what you're talking about that is the 200 foot Riverfront buffer that's and above that is the 100 that's the 100 foot Wetlands but right the way that this the way that I understood it is out past that five feet that's on the right side of the house you can't you can't do anything to the you can't touch the property so that's that's pretty pretty close on that side yeah um so you're talking this side yeah these perks are old perks I think yeah old trees you couldn't take those trees down they must have down when you know how long ago these perks were done uh couple couple months ago I'm not sure maybe three months no just uh for the seller the for the seller seller done anyway okay so so that's very restrictive and from what she said to me the 200 foot Riverfront is the most restrictive thing of of anything that this is has got to be uh it's got to be resolved after that is the 100 foot Wetlands buffer that's the next the next most restrictive thing and then I think we follow third behind behind so that's that's just I wanted to uh share what what I learned from uh from the Conservation Commission I think that they're do you have a a date that be talking to them uh my my six May what May 6 okay I wasn't I wasn't sure that that was said said exactly no this is not exact but I just got email today and she she say most likely so this this area here is the danger Beyond this 5 foot yeah you can't do anything beyond that five no actually um today I received an email from Sabrina and she was uh make some comments what I need to show on the plan okay and she was uh asking I have to say what I going to show on the plan what trees trees on the on the perimeter which which kind of strees or bushes or brush and uh what and what I plan to do with it if that's that for example tree very big tree NE next to it and with some branches I have to say what I going to do with it cut cut the branches or uh maybe even leave the tree behind behind behind this this area but cleaning to the property so I I have to show if there three I have to cut so I have to just say it and show it and uh looks like they may they may allow to cut some trees so you can get approval to do things outside of the limit of work yes you have seems like yeah but just just just once before before put in the house like that's that's what what I understood um okay we've got two participants online Kim and Mike any comments questions from from you folks um no I don't have I'm curious I'm GNA butter um one thing I just want for note and I don't know if I need to show my face um is that your address uh 63 Foster Road 63 Foster Road and Kim what's your last name Kimberly bets Betts okay thank you you're welcome um I just wanted to note that um I did some research this afternoon um I did not get I was not home on Saturday but I just got the certified letter of this meeting and I got somebody else's in my mailbox so um I just want to make sure one has the opportunity it's that's it but um yeah I don't have any I have questions on what the documents you're seeing but um I don't have anything else all right thank you Mike Mike you're on Zoom here do you have any questions or comments you could unmute yourself yeah you're muted wave your piercer over the bottom of the screen and you'll see a microphone hit that microphone and it will unmute you okay let's try iPad five that's on here questions or comments watching okay just try to get our attention while we proceed along here without getting B down in that right side of the house 5T that doted line yeah that's it right so G after that can't get cut or anything nothing the fire truck can't get up there correct on the left side is only 10 feet no that one's correct but no no no I'm saying but that can't it's not enough either for yeah I thought it was 15 now change something but that would probably be the minimum in any case anyway but yeah certainly on the right you're right yeah but yeah I just to mention 35 by by 46 it's it's like maximum what they proposing but for example if there going to be any issues mhm it's still way way yeah room to make the house small so the only discrepancy I see is between the write up and the drawing it say proposed house will be 45 ft here showing 40 on the drawing set back you're saying yeah that's setback you mean so the set yeah the proposed setback of the house will be 45 ft on the right up and on the drawing is showing 40 okay this one yeah so they're asking asking 35 front set back VAR on the right up okay yeah so 35 75 minus 35 is 40 right right but on your on your application you have it 45 and 30 not 40 and 35 yeah it's it's kind kind of confusing to me this maybe I made a mistake but on the plan I show exactly the plan is what we're going by that that's SP um so and that's for it's like closest but like I saying house it's 35 over here but still for example this house which I build in on 19 f Road is 20 28 wide I mean deep so so just so you're sure and you're going to tell her that this is not correct what you're really asking for is the other so it's not correct on the application that's I don't think that's going to be crial no um yeah so so like like I say we can go by by this five fet that's doesn't make difference all on the same page so if I can get 40 40 I mean 40 F sit back that's that's better but if you can go by that so they going to be 40 45 does it does anyone remotely have any any questions anybody else have any questions up here I do sorry um I don't know are they gonna be able to get the construction equipment up there is that not something that we worry about um because there's such in my I mean I was up there I saw where he wanted to put the house I don't understand where all the lines are and stuff but but that seems pretty tight if you're not allowed to disturb stuff but I don't well there be there'll be a barrier on one side that's kind of off limits you'd have to put um but to the left yeah it's kind of good point anyway yes it is point taken so it 10 ft is too small for I I think it's minimum Paul but I thought they wanted more by more sure 12 or 15 but if 10 is yeah not enough and five is certainly not enough right did you also not speak to the building inspect I did have a email conversation with them and he he said that uh I have not a read part of the uh reply I got from the building inspector not not complete the the necessary Parts here I have not discussed it with the app just from a quick view of the mapping it looks like there' be a lot of challenge I will copy Sabrina in on this from conservation I think Tom from the Board of Health has been contacted as well um the building inspector says seeking variances may be premature at this point um that that's that's what he had to say um I I guess I'll throw my my opinion out there is that because of the higher priority of the of the riverfront setback and the Wetland setback I would like to propose that we continue this until after the commission has weighed in on it formally uh to see what what what they have to say because U they're their UH responsibilities are seem more critical to uh to what can get done than than ours at the moment and if if they if they come up with a a spot then that that the house can actually be built on then then I think we'll have a hard number to uh it may change the variances too based on that yeah oh definitely I I definitely think it it will change it that's why I'm reluctant to to even uh negotiate a a variance now because the chance that it's it's it's not going to be accurate and we're going to have to go back and and change it so that that's that's my opinion is we uh if May 6 is not that far away um if if they they talk about that we could have a meeting on May we a week after May 13th May 13 okay so we would we would be able to talk about it on May 13 if if they've come up with a a decision what on what what they would like to see so I'm going to U that's I'm going to make that make that proposal I know you don't want to hear but U I think best way to do it one thing we haven't talked about here is is the big thing is a hardship thing so I think that uh I I can't see a hardship I think maybe you need to think about what you know how you want to present that part because that's that's the most probably the most important thing that we need to talk about it's it's a piece of unused land it's not like you know at at 19 Foster you were taking a a bar it properly property and making it better this this would is taking a you know basic open space and and wanting to put a house on it so uh I I think justifying a hardship is going to be a little more a little bit more difficult but but I don't want to get into the details of that just just so that you know that's if it comes back to us that that's that's going to be an important thing to talk about but uh I'm going to I'm going to make the proposal that we that we continue this see if everyone ages yeah just make the comments you're saying if you need to change if after uh Conservation Commission I will need to ask more variances to to get closer to the street no we will you don't need to reapply anything we will we will just that's why we continue it no no yes they may have proposals with the house location and everything to get away from this but I'm saying there is the No No way and no room to go to the closer to the street because of the septic system right so this for example if you're not allow I mean uh I cannot move because septic designed for three bedroom and like like you see it's 10 ft from the property line and 10 ft from the house so that that is the minimum mhm so for example if I decide to move house 5T closer to the street I cannot do anything with it I cannot put the septic wait but what what we're getting at is a conservation say it's all you can do that may get your answer before you come back to may be a move point if they allow that to be in place then we can back and based on what they say we make a decision they they may not allow it anyway I guess is my point got it right so maybe CU they're concerned they're pretty good concern about it yeah um so they want to hear and look at what you're doing I think probably a little closer yeah which I think is very prudent to your point at this juncture I think it's the best way because ites saves you from high priority the high priority of those those things I guess this this Riverfront thing is is River I don't think it's a river I they call Riv it's not named most rivers I know are named so anyway so I propose that that we want to make a motion so I will make a motion to continue uh this meeting until uh conservation has voiced in on May 6 and we reconvene on the 13th okay um is that too much well I'm just short no I'm just wondering if if we can commit to the 13th or not let's let's do that and then and then change it if we have to okay motion's out motion have a second and we have a motion to continue the public hearing until May 13th and we have second um all in favor I I okay we'll stay hopefully conservation goes well and we'll take it from there we'll try I will try to attend that um oh no I won't be here I won't be here for What on May 6 if somebody could if somebody could go to the I got okay that I think thank you very much thank you for coming in okay we'll see you next time all right so much just sign this I'll yeah it's just proving the continuation okay [Music] agree yeah [Music] he's I wasn't sure if the was the only person who requested continu but concerned okay okay thank you good night yes we'll see you again yep okay was my understanding that the property owner had had to actually come in I just mentioned that to bris earlier yeah like he's he doesn't own property owner he doesn't own it yet and it's my understanding that the property owner must come in say I'm trying to sell my property I want prop owner come here with him and say he's speaking for me got you or sign up not he's speaking for me but we have a contract of purchase but that's doesn't mean he owns it there's still an owner that is trying to sell it for him to do this plan and it's contingent on him getting this for them to to do the deal but the owner ought to be saying he on my behalf this is why I'm doing this and he can speak in my half technically we shouldn't even be listening to him not the first side I know but I'm just so when he goes to conservation it could be the same issue yeah we told him before bring us a letter that says okay well he's thinking this is his letter of intent you know he's got a contract on it but that does that means nothing if he says no he gets his deposit back and the way he goes you know but okay any other business no I will I will contact me we should have asked him about this this topic about or get a letter the owner saying he negotiation he can speak on the owner's behalf make the deal conservation might want it too so they should motion to that any other yeah okay other business motion to adjourn then to adjourn no second we think about it I think we're okay okay okay all right second so all all in favor of journey by thanks everybody that