e e yeah should be okay I'd like to open the Tuesday March 11th regular planning board meeting uh it is 601 p.m. uh we are being recorded and uh
we are going out live perhaps um first up are administrative items and the first one is a 202 pin Hill Road file number 19012 Spa
- li-s request to allow a change in fence material around the installed solar array so at the um February 11th 2025 planning board meeting it was voted to
retain 75k of this development shity to address the outstanding items and to install chain link fencing which was detailed on the approved plans the vote was based on approved plans um after a brief deliberation on fence safety due to their not being a representative from the applicant available at the meeting
for discussion um so just to summarize the discussion points um that uh were had between um me and the applicant over email the approved building permits and electrical permits show um the installed aggro
fencing aggro fencing meets um all of ma 780 building and NFPA or fire 70 National Electric Code um there's a solar site in town between 355 and 43 Division Road which does have aggro
fencing um with regards to safety the applicant stated that this is going to be a mostly unmanned facility with a few maintenance visits once a couple times a year and that the fence itself is out of sight and less visible than the chain link so the the applicant excuse me is
looking for a motion to approve this aggro type fencing for the development um yes thank you so do we have a picture of what this looks
like I don't we saw one last oh yeah you weren't here I was yeah we did uh see one at the last meeting um it's my Su my memory is it's less
visible than chain link it's rectangular it oh I remember it's it's like 5 in yeah it's uh Blends into the background it doesn't look to me like it would last
as long hence the maintenance concerns um but I don't know you you guys have a recommendation they say that the the fence is designed and installed to last the full operation life of the facility um so for what it's worth what
is it made of metal or it's post and metal it's like an agricultural style fence there's a lot of different ones but okay um it didn't look like it was metal though what it didn't look like it was metal I mean I can probably pull up
a photo of it but while you all are discussing and how high is it and was why it was bigger openings I think right it's Square openings okay like a cence so it went all you know as opposed
to leaving 6 in or so from the ground so Critters can get under it I think the openings are piig up show that they can get through it so what is the board than well I was concerned that
um at our last meeting that the U plan showed chain link and that if we uh allowed it number one there's an issue of predent and number two uh you know that would be the last
chain link see uh but uh what Dia is saying is there's already an installation of this yes at a solar farm somewhere else have we does that mean we've approved it before or someone else has just gone
ahead so it was the same fencing contractor this is from the applicant but I didn't I didn't further verify how that fence came to be between 355 and 403 Division Road so you can see it's invisible compared to chain Lan
yeah it's actually better looking yeah so I mean if it's going to work and if it's approved it looks high enough and so the purpose is to keep animals and people out yeah okay well
not all animals but de yeah larger deer yeah but deer can jump over anything yeah but I I wouldn't have any problem with allowing the change anybody else Sor you want a
motion Mr chair please uh Mr chair I moov to approve the modification of the approved fence material from chain link to aggro fening Second all those in favor I
I okay that was quick uh next is the planning board recommendation for the safety regulation board for Town bylaw article uh 27 uh there shall be a safety regulation board for reviewing fencing and
landscaping near Town Road uh intersections with other roads so who's going carry the water on this one well was this something you had asked to be placed on on the agenda so with the uh
marot development it's become apparent um after some of the proceedings that an a butter had installed fencing along the road RightWay outside of the road RightWay um but the project proponent
attorney alerted the town that the fencing was installed Within the um sight line triangle of the proposed intersection and the town as far as we know does not have um a fully
staffed committee for this um for the safety regulation board and so what we're looking for or potentially looking for um is a volunteer from the planning board to be on this Comm
committee as a fence viewer which is someone who would take a look at fences and and Trey and and trees that are planted near the road right of way near an intersection to ensure that it is
outside of the sight line triangle for the intersection so this is a town bylaw not a zoning by law correct yeah it's a town B so um isn't that an old his
elected position V viewer yes it is not elected I think it's appointed appointed maybe it was elected in years past but I don't think it's ever been on the ballot I think I think it might be in highway highway used to be elected so yeah the the the board consists of the highway
surveyor the fence viewer and a select board member I think we should have the safety officer from the PD well it has to go by what's what's required in the town B so so Town byla says those those are who's on
it we don't we don't have what's the enforcement how's the enforcement go it's stipulated in the bylaw um that uh that once there's a complaint the the
board must meet and uh make a decision within so many days and then the the property owner who is in violation of the uh uh what do you call it
the the intersection triangle or whatever it is M uh have 10 days to remove the offending thing and if they don't um it stipulates is $50 a day fine not until
it's done so this is on a subdivision to get a constructive order and the and the fence is put up there and now we're going to make them take it down we're going to make them take this fence down before we have this issue it could be some of the vegetation that's there too
on either side cuz it's a town byw um and it's pretty specific that you draw a triangle from the intersection point on the M on the road 80 ft in each
Direction and 80 ft down the road do make that triangle how does that work for driveways doesn't work for driveways for roads but you know in this case there's a lot of education on both sides that would
fall within that and it gives you the the town bylaw gives you uh grandfathering if uh the trees or shrugs or 3in
caliber at the date that the bylaw was instituted which is so I was able to find that this board was referenced in 78 but still couldn't find specifically on the side distance triangle but when when that part of the bylaw was starting
to be implemented it doesn't seem to be referenced in annual reports from 7978 backwards um it's a little bit of a so it's 78 yes that safety regulation board itself is referen 78 so they would have
to prove that the tree was 3 in in diameter or greater in 1978 your issued a chainsaw a bulletproof vest right yeah no no you can't go f property so they're supposed
to remove it themselves so and we didn't come up with this B it's been there for almost 50 years so um but we need they the town needs to populate the fence
viewer uh position and then the town needs to convene when it's appropriate the Safety Committee so have we sent a memo to the
select board for that we have not sent a memo to to the select board I think we wanted to consider it before the planning board to see if there were any members on this board who wanted to um be on that safety regulation board and if so we'll recommend them in the memo
to the select board we don't have to have a member from the planning board do we do not do not no it's not a great way to make friends and influence people plus we're we're we're uh doing subdivisions so I I really think we should shouldn't be in
the I don't think it should be of us I think it should they should publicize this as an opening and um ask them to make a determination of who who the fence
viewer will be sure yeah and then and then we also need them to identify who on the select board is going to be on the Safety Committee yeah it's been well well send the memo bring it to their attention I will say it should have been brought to their attention already
because we did receive notice from an attorney that the the town needs to take this under consideration and more than likely take enforcement on this particular situation
okay do we need any any motion here no we don't uh C Conservation Commission seeks the appointment of a planning board representative to join the open space committee they're in the process of
using serp to do an open space commit uh yes they are they're working with shpid it was something that I helped them apply for last year although I'm not a part of the process I just was familiar with their Grant application and um so I did that for Chris Capone
the conservation agent so they would like someone from the planning board to participate on this committee so there was an open space committee that trip milin cheed that was recently
disbanded is that the same thing I'm not familiar with that person being on that particular committee but board to that group how long ago was that well it was disbanded about I don't know three
or four months ago I think H and uh I think it seemed to U look at 61a issues uh whether the town was going to
exercise there I think that's a different yeah that sounds different that was the uh the committee that had the ability to spend the money that was in that uh open space f space fund yeah uh it's
a residential open space or something like that is that was open space this is the an open space and Recreation plan so it's it's supposed to be a community plan for future conservation and Recreation lands
so a little bit different than than the EG stuff I am I just I just volunteered for what did I volunteer for last night barrier Beach barrier man I'll do the uh open space if you want because I did the other one and
it doesn't meet anymore okay okay so I'd like a motion to appoint John Bullard second all those in favor I I I who made the motion you did
Manny I second made I made who chairs that is that a Conservation Commission is that it's the conservation commiss Bob so uh the the request came from the chairman of the Conservation Commission and I know Chris
Capone the conservation agent will be facil or be coordinating all of the the committee's um work but I I don't know who the chairperson is I don't I doubt they've appointed someone at this point as the chairperson do I
block I don't think they've appointed anyone yet if they're asking for people to be appointed to the to the committee so we we've appointed John but does he have to be appointed by the select board for this committee he he will be so we'll refer him um to Chris and then
Chris will have to set that up for him to be appointed at the next or however he wants to coordinate it but you have to be appointed at the select board meeting and then go to the town clerk's office to be sworn in okay uh next is Westport Lakes
Road um says here roadway construction schedule and outstanding drainage M this is a followup to a letter that the um the planning board had sent to a company
called bluecat LLC um who is a current the current owner of a covenant uh a restrictive covenant that uh is involved in the Pine Ridge Estates 40b development um and so the in
that letter that the board had sent to that company they had the board had requested updated Covenant forms a Consulting engineer review from SW Cole and a construction schedule and so after we have uh after that letter went out
some things have come to pass um so I wanted to give an update on the situation ation so we've met with Town Council who have confirmed that despite the original Covenant language stating that they had an expiration date they're
still in place and legally enforceable um so we don't have to get updated forms because uh for for that reason um and that the current owner of those covenants bluecat is still obligated to meet their planning board
um approval conditions of approval as as well as develop the Westport Lake subdivision um to the approved plans before their Lots involved in the Pine Ridge Estates 40b development can be released s SW Cole has gone out and
performed the site inspection um and we have sent that over that inspection report over to the Westport Lakes developers contractor who is going to be finishing the roadway and the storm
water infrastructure they have outlined the work um and you have a copy of this um from AJ Potter Junior and Suns um outlining the work that they're going to per that they intend to perform this
spring and they're going to their their targeted completion date is June or July of this year um with some of the the issues that we've had had in this area we would want SW coal to go out onto the site
periodically as they're making repairs um doing maintenance on the storm water basins um just to make sure that everything's being done correctly I'm also going to ask the contractor to give us at least a week's notice before they start doing any work on that
site and then lastly um we I wanted to note that we still hold $123,000 inance over the roadway and I think an an important point of Leverage for the board right now is that because Town Council has said that those covenants
are still legally enforcable um the board essentially holds leverage over the pin Ridge 40b Development there was some discussion that we had received from the Pine Ridge
Pine ridge's Council saying that the zba could choose to wave those covenants but our Council dis with that they don't find that to be true and the zba was also on our meetings with Council I don't think the zba has any interest in
allowing that to happen um so I I think at at this time the board has enough leverage to ensure that the road is installed and that the drainage infrastructure is completed and and fixed I think it well right now with it
we're just transitioning into spring the contractor is going to get out there there and start beginning the work um and so they they've actually asked me to arrange for someone from s SW Cole to get out on site again to discuss some of
the items in the SW Cole's engineering report um before they even begin any construction so as I mentioned earlier I'd like for them to notify me at least a week prior to them starting construction again so I think they'll be amendable to that because we'll have someone out on
site helping them um with some of the items that were outlined in the report so for now my my recommendation to the board is to to hold on to that Covenant because that's your like I said Your key point of Leverage here until there's a clear
inspection report engineering inspection report on the outstanding infrastructure okay uh I'm thinking about reading this letter from from the uh Construction company you can sure
sure so it's from AJ Potter which is a fairly large local Westport contractor uh the Westport planning board it's undated but I don't it's between February 13th and now re letter
regarding scheduling of events to upgrade existing conditions at Westport Lakes Road in response to the SW Co letter of inspection dated February 13th 2025 dear board members the following
order of events to bring Westport Lakes Road to completion one address remaining brush clearing and removal at all Culver inlets and Outlets including on banks of the two drainage basins two repair all
areas of erosion in those basins in Bank areas including end of Road erosion at the North End of of the CAC with L and Seed three rebuild all entrances and exits of existing culverts with new rip
wrap including large culbert used as a turtle Crossing please note that double catch Basin grates at that location were constructed to allow light into the crossing at at the suggestion from Mass
wildlife four clear and receive all shoulders from entrance to end roadway goes no further than existing culdesac also Golf View Lane is not part of this proposal to complete five testing of asphalt gravel
base and areas mentioned will be completed and evaluated by S SW Cole in repairs or replacement initiated once all mentioned tasks are completed then the final top coat will be applied
bound stones have been installed but may but many are buried in debris and will be reset by survey where necessary and a proper as built will be completed and just a note I received this this morning um since the date
wasn't on the letter and also just through my discussion with um Mr Potter that is when he committed to having the um um the the the repairs and also the modifications completed by June or July
of the summer what's the shity we have remaining it's 123,000 and the estimated cost of work is 266 that's correct so the two other things to mention here is that they're not proposing to finish the roadway beyond
the current cul um and I'm not sure I talked to Michael about this whether or not if they're not going to finish it maybe they should come back for a major modification to the
subdivision to remove that extra roadway area um I think it would make sense uh indications are that the area Beyond there is is
perhaps not buildable because of wetlands and stuff so I I think personally I'd rather have it instead of just hanging around in the Netherland to get it squared away and
have the have the subdivision as it is um and then on Gulf uh View Lane I don't think we need to address because that's going to be part of the for that's
correct so your recommendation is just sit plate do nothing for now nothing for now I mean they've they're the the current owner of the 40b subdivision who's responsible for the roadway and the drainage
infrastructure has to be pretty motivated in order to sell their um properties involved in the 40b to get you know whatever proceeds they would from a 30 9 unit subdivision that would then proceed um so that's you know a
significant point of Leverage for the board um so I think yeah hold tight for now let's see if they follow through this spring and get things moving and if they do great then we can have our Consulting engineer go out on site um if
not then we can have you know so we revisit this in June or July cuz that's when he said it would be completed I think we would want to revisit it well yeah I mean we would get an inspection done at that time if nothing's happening we would revisit
it you want a motion to do [Laughter] nothing no I would uh I think that we're okay uh I just wanted to also uh mention that from my perspective AJ Potter is a
very reputable contractor and I'm glad that they're using them to do that yeah I agree with that um I just noticed though that in the SW Cole report there's a mention of installing guard rails at the cul Crossings do that's not
in Otter's letter and that's probably part of why they want to meet again okay and uh and so s SW Cole's fees will be covered by our retention or no we hold
consultant review fees for this right now we what we hold consultant review fees um and actually the uh individual who owns those fees is Andrew dgo who is going who has contracted with Mr Potter
to make the roadway improvements so if we need additional consultant review fees we'll be able to request it from him it's not and he's been involved with this for some time so it's not like there's some party who initially took out the consultant review fees and is now long gone he's still involved with
the devel velopment so um we should be able to get those fees as should we need to um have extra consulant review fees available yeah anything more okay next would be to speak on that this is not a hearing it's just
information do you have something to add to the information there some significant um issues with letting them just go through can I go up and I'll give you five
minutes Brent perrera 26 Westport lak Drive uh I I get this just letting them go allegedly they're going to start this and and finish by June but it's been 18 plus years thew coal uh review indicated that there
should be more of a bond being taken I'm I'm curious if that is is going to be um taken from the town on top of what they've already have we have shity for the completion of the road but we also have covenants on the land that they
would like to use for the 40 days and I think that's our Leverage I don't see myself anything to be gained by having this fight with them about giving more shy I think that's a better idea to hold the Covenant because you hold the
Covenant is more important than if you if they put the money especially the amount that that want to add land has more value C than that land so we're more protective to have him finish it I understand that except that if this
doesn't occur and then then the cost of the completion is going to go up and then if the 40b gets allowed and and they start doing that and then it's going to force the completion of the road to be pushed out even further for for who knows how many more years three
or four years for that completion well I I think to be able to uh do the 40b which it looks like it's on track to be approved uh with the uh zoning board I don't want to speak for them but it it
to me looks that way uh they can't transfer the ownership of that land to pine pine pine Pine Ridge uh because there's a covenant on it
okay they can't go forward until they do this until we release it to what point of completion is the town holding them at this point to to to top Co because I I know there's going to be argument that that if they put in top Co then the 40b construction is going to
destroy it but I I I think that's not that's not our problem at this point we need toad finish the top coat right you need you need the road finish the the zoning board I think can can ask for shity on repairing the road
if it's damaged uh in the construction process just two other quick things I hope that the town is going to hold them to task because and and not issue any more building building permits I understand they have some sep in and they're going to put some two more foundations in where I would say that
some previous emails and letters would would would indicate that no other building permits would be allowed until the SMS would be completely finished and certified and and and put in place I don't know about the legality of that have you spoken with the attorney
about that the lots that have been released from covenant would be buildable right um so but I we don't I'm not aware of any directive not to issue any more building permits on the Lots on the lots that have already been released
okay but in in the in the westw subdivision uh rules and regulations it does pretty pretty much specify that those the building cannot take place until the SMS is finished and certified and I would argue that that has not been done yet and anything that has been
built between now and now it's just we'll chalk it up as a mistake but now on it just seems like it can't occur in the normal course of events and not thinking about this one in specific uh the the applicant or the developer or
the subdivider has the option of choosing how it's going to be bonded so it can be bonded with cash it can be bonded with an insurance policy or it can be in the under Covenant and if it
is under uh a bond a cash Bond or a a insurance bond uh the lots are released and they have the obligation still to finish it just like they do now
uh and I know this is taken 18 years it's a crazy situation but I think with uh Potter doing the work and and giving us a letter that is going to do this and also
that we need to meet with them prior to their starting to know if we're going to put in guard rails or whatever I think um this is our best chance of getting it done properly
as well as what Michael is saying that we have very large leverage because they can't sell that property up up there uh because we have a covenant on it until we're satisfied that they're done well currently the the owners of
that parcel are the applicants for the 40p so the the the assumption that they're going to sell that to somebody else I mean I I know that's probably going to happen but they're the same people the the only the last thing that I would just I would just suggest that the to requires that um that no work to
be started until they reacquire all the proper permits to include that whole area was uh under the control of the D under a superseding order of part of conditions where there are a number of things that that U that upon the
approval from the original project that they have not done as well including Wetland replications and other things and I I need the town to I need assurity that the town is going to make sure they do all of those other things that they were required to do beyond what SW Co is
saying in the roadway and the SMS and and all of that but so I know I know that the board is aware that there was a mass dooke access permit that was that is no longer valid and I would say that all of those permits would have to be in
hand prior to do any work on the roadway the connection with 177 and then with d as far as doing any fixing of or repair or maintenance of the SMS and and and and I I would also argue that I I I
heard that the Covenant or the the original subdivision plan is still intact I mean I guess I I don't really have a fight of that but over the years they expired and then were given and then expired again I would say that they they should
be required to get all the proper permits prior to doing any start of work period I I I don't you know I don't I I don't want to get into a
legal fight with them that's going to delay this work being done this summer cuz if we if we go back and forth enough that it gets delayed and put into court it's not going to get finished but you
the board the town cannot allow them to do work without the proper permits they have the approval of our subdivision plan under which these items that Mr Potter has listing are required
so so the mass Highway access permit is is is that's a different thing but I'm not sure that that that you know about Mass Highway permits but I I quite frankly I don't know enough about them I know that they have to get it because it's on
177 I don't know if they need it to do the work or they need it to be able to use it and that's that's that's the question so he needs he needs to uh for the subdivision now that everything's all set again and then moving forward with construction they need to apply for
that per once again that will be for that subdivision when when the 40b gets gets their approval they're going to need to apply too additionally can can can they do the work on the subdivision pending getting
the approval well no they have to they have to apply for it they can work while they're waiting for the permit to be finalized because you can't get the approv so like your subdivision now he can't he couldn't get an approval until it was completed and he
never completed it so now he has to reapply and he'll have the approval once it's completed my understanding of the mass I is is they they some documentation that I have they should not start construction until the ACT until the actual permit is in hand
because all of that work has to be witnessed by engineering company you so you so say you're starting a new subdivision you and you it comes to the plan board you it's approved now you have to now you take that plan and you submit it to
mass highway so it gets into the system shops the final approval is when it's finally completed when the tops on it so they can approve the permit but it's not finalized which I'm sure the permit might have been approved back in the day and then it's lapsed and it's no longer
there so as soon as you you can't apply for that per until you have an approved design so Michael can we uh require them to apply for the mass highway permit and
show us that application what where they get back from Mass Highway before they start it's a really a separate track for there's the planning boards permitting processes and mass do Mass do is aware
of this situation I mean it's been going through the 40b process I've also discussed with them all of the outstanding issues um of the the Westport Lake subdivision Road um I don't think we could require I I guess I
don't know we we can't we can't condition or approval on another board right right and we would whatever it's a conservation or Board of Health or or anything right but we can request to see
the application or that that they can verify that they have re applied for the mass Highway perit we can ask ask that from them um I I wouldn't like to create a situation where we are asking for that
application and then thereby holding up the work that is going to go on the spring and then this summer I think they need it up okay once once that plan that plan's all finalized that's all they have to submit to that's
fine we can we can ask for it I mean we should get clarification from Mass Highway because we've been going back and forth like the five years I've been on this board on who's supposed to do it like if it was a new subdivision in the in the houses are going up it's even if you look at the building inspect pres it
says all state local Federal permits so I really think it's in the building commission's PR for that and maybe on the online pit maybe we should talk and a new commissioner we we can certain certainly ask them for it I don't we couldn't hold up the actual if
they decided to not provide anything to us I don't think the planning board could hold it up at least at least we should ask for it and make sure that they're aware that I'm sure they're aware they I think the only obligation is full to I think I know they they once the you
can't do it before the Design's complete this Design's been complete for probably 20 years now but you apply for it and I think it was applied before in it's laps they just got to apply again I think it's just a matter of procedure so what about the the
requirements from the Deb super superseding order of conditions to include those Wetlands I meom right beom right that's that's kind but that's all part of the the overall approval and then the release so that
too once so they shouldn't be going for that now because the design has already been approved at PL point we're just saying it's okay to move forward covered certain correct so compound would be the one that needs to do that now and they they need to do that before they stop construction those permits need to be
inh before they start con Construction Construction on the created wet not on the road if it's in the buffer zone you can't do anything in the buffer zone I'll the SMS falls into that per as well okay thank you thank
you okay next is Maya away and granite Post Road remaining Landscaping Mr chairman can we could we move to the 6:15 public hearing because we're uh 30 minutes past already okay we have a 615 public hearing for
Francis Estates file number 24-37 C-A-L this is continued from January 28th 2025 the applicant is proposing to construct a nine lot attentative residential subdivision requiring site
plan and low impact development approval on the parcel described as map 68 lot 7 between 50 and 58 charlot White Road right good evening uh Tom Morris with Zena Consulting Engineers um so since
the last meeting we have made revisions uh per uh mbl's comment letter um we had one additional comment letter which we have just submitted the
response for this morning uh because we got the comments back on Friday of last week um and obviously I understand there's probably not going to be approval tonight because you need a clean letter
um but I believe we have resolved all the technical issues in the report um there's a few things in the letter that we and MBL are leaving up to your
discretion um and we can we can cover those [Applause] things okay Michael you want to go through uh Dia is going to handle this time sorry all righty so some context this hearing is continued from the
January 28th 2025 um public meeting um a continuance of the hearing to April to the planning board meeting on April 22nd 2025 is recommended due to planning staff receiving um updated information from the applicant in response to the
latest peer review from our consultant MBL um staff was unable to incorporate the feedback at this time but here are the findings to date um and just keeping mind that some of these findings are addressed in the latest response from the applicant um so Consulting Consulting
engineer findings while the previous order of resource area delineation oad and Order of conditions ooc have both expired the conservation agent is comfortable using the lines as is for the site a notice of intent must be filed with the
Conservation Commission and MBL recommends a condition of approval that if there are any changes to the wetlands lines or proposed work that results from the conservation commission's permitting the revised information shall be provided to the planning board for approval number two the connection of a
of sorry the connection of the existing path to the cemetery and a new proposed roadway was designed on the revised plan but shows a 5ft wide ramp MBL defers to the planning board to confirm if the ramp for pedestrian access is acceptable or if a curb cut for vehicular access is
preferred number three manhole dmh2 currently shows a 12 in pipe from D dmh 3 into the structure however the pipe sizing calculations and revised plans call for a 15-in pipe the applicant should provide updated information to demonstrate that the structure can be
built as shown or if it needs to be resized Number Four The Basin elevation table for the infiltration basins on the Basin crosssection detail still lists incorrect values for Basin 2's Spillway and burm elevation per the plans the
spillway elevation is 153.7 and the burm elevation is 155.5 these should be updated number five subdivision Section 5 c1f fenes should be proposed around the proposed infiltration basins and detention Basin Gates should be included
for access to the basins for maintenance based on the drainage calculations provided both infiltration basins will not fully infiltrate storm water and will have standing water for the two-ear storm Basin one will have approximately 3et 3 feet and Basin 2 will have
approximately 9 in of standing water for the 100-year storm Basin one will have approximately 4.6 feet and Basin 2 approximately 2 feet of standing water so mdl will defer to the defer to the planning board on whether they shall require fencing around the two infiltration basins it is noted that a
4ft chain link fencing is proposed around the pocket won system um and then going off that number six the detention Basin has been converted to a pocket Wetland system for storm water treatment a process that does not typically include um conducting test pits and the storm water handbook
does identify that the infiltration rates may be rapid if the soil is more impermeable so MBL does recommend a condition of approval that the engineer performed an inspection of the Basin excavation during construction to determine if a basin liner should be in
installed as well number seven regarding the test pits performed in the infiltration basins there are still locations such as near Basin one where the Basin was designed with less restrictive older test pit data more recent test pits are not consistent with the older ones NBL defers to the planning board on the requirement for
additional test fits um they could be required now or as a condition of approval that witness test fits are to be done prior to construction and number eight storm water will surge back into catch Basin cv3 and C before before spilling into the four-way bur into infiltration Basin one MBL recommends
that at a minimum the water quality volume is contained in the basins before backing up into the 4 Bay as surcharging pipes can cause contaminants to be resuspended in water now we'll move on to staff findings regarding rules and reg regulations governing the subdivision of land for
a1i the western side of the road inter of the Road intersection with charlot white Road must include a 25 foot turn turn radius um 4 d because the site features a significant area of vegetation the applicant must include a building
envelope for each lot 4E the proposal requires approval from the Conservation Commission modifications resulting from their review such as the relocation of drainage areas will require modification before the planning board um 5 B3 and 5 B7 the applicant must indicate the
materials of the binder and top courses of the roadway and sidewalks um 5v5 the applicant must add a cross-section to the curb for the curb cut seen in both the cemetery easan and on the crosswalk through the culdesac 5 B7 the grass buffer area between the sidewalk
and Road must be at least 4T in width um and then for site plan rules and regulations 261c Street fontage and Landscape to buffer plants should be chosen planted and maintained so as not to block the line of sight drivers line of sight of drivers entering and exiting the site or
at Road intersections and the species of these proposed planting must be included on the plan set um 261e a note shall be added to the plan stating that deciduous trees shall be at least 3 in in caliber or caliber as
measured and 6 in above the root ball at the time of planting and 2011 the applicant must apply for a ni a ni's permit any plans modific any plan modifications resulting from the nip permit process must be provided to the planning board and may require
subdivision modification approval so there are a couple sample of conditions of approval that could be discussed on the continued hearing with um updated information Incorporated but I do want to say that um tonight the planning staff is looking
for a motion to endorse the requested waiver for subdivision bylaw section 4 a1i design standards that street lines at all intersections shall be rounded with a curve at Each corner having a radius of not less than 25 ft um um and
staff is also looking for a motion to continue this public hearing till to April 22nd so to speak on that waiver um the variable width layout that we're proposing um at the front it does
provide um room for the 25t radius uh similar to how the old layout was um the reason we did not provide that we did the variable width is because it kind of conflicts in this
situation with another bylaw that says you can't have a reserve strip between the butter and your subdivision road so it's kind of one of the other would need to be waved in the situation so could you explain this this
uh waiver that you're asking about yeah so the the road like on this side it has the the radius here on the RightWay um typically you would have that on the other side as well uh the width of the right away is
wide enough that we could have almost right on this dash line which is the old subdivision Road um you could provide the 40ft width and then the 25 ft radius here within this variable width that we're
providing um and the reason we're not doing that is because the subdivision bylaw also says to not have a reserve strip here um also referred to as a spike strip in many other towns um so that they don't have Frontage on the
road basically is why some people would do that um and the intent of the the regulation and the subdivision RS is to not allow that strip to go in so we also have a regulation that says you can
have a Perimeter Road are you aware of that right so we do have the space like I said um we're providing the setback from our actual pavement is such that we could have the right of way off of this property line
we are expanding that right of way to not conflict with the reserve strip regulation and the only way you could have the road not be a Perimeter Road in the sense of along the property
line is to not have those two lots up in the front right uh correct or some or some reconfiguration of some you have to reconfigure it so that maybe there's
only one lot up there well we we have yeah we' have to look into that I don't know exactly how that would be resolved is we've had another subdivision that that was a real big
issue uh this abing proper is that the uh metal recycling junkyard y I would think you'd want to get your road away from that well if the road was on the Lower
Side um well I guess you don't want it right up against that either but this is the high side of the lot charot white drains down this way so so to be able to capture all the runoff you
really need the road to be on the high side um and if you had it somewhere in the middle here there's some likelihood that it would kind of dam up water on the high side chairman I the subdivision bylaw
does allow for an exception if physical conditions require um the road road to be on the perimeter um just you have to reduce the extent to which uh it is located on that perimeter to the
greatest extent possible so I think what the applicant is saying is that the way the Topography of the EG or Ingress from charlot White Road works is that it's most advantageous to have it adjacent to that
lot is that correct correct that and that was my understanding as well from looking through the applicant's plans so does the the buding property um does the water run off the budding
property onto this property yes yeah so we're actually going to be intercepting some run off from these abutters and from our site of gradient is going to be coming into the road here and picked up into the drainage system and that water
would normally have gone out to charot White Road which discussed last time there are some flooding issues there sometimes so this could help alleviate that yeah there certainly are flooding issues on shot White Road as it
intersects with main road so um is there any visual obstruction at the corner um um I'd have to verify that on the abing lot uh one of the staff findings was
that we do have some proposed plantings up front here in the vegetative buffer buffer area um I'll have to verify that too that it's not within that Citron talking about but to the to the as I understand
it you've got a 25 ft radius on the east side but you're looking for for a waiver on the west side for the 25 ft is that correct correct so the question is is there visual obstruction to the West on that lot to the West because that's
where you're looking for the waiver on the 25 ft right so is there obstruction to the West I'd have to verify that I don't know off hand so and why is it that you can't I I'm not understanding why you can't do
25 ft to the West uh because if we if we did that we'd end up with a parcel here along the property line that would conflict with your reserve strip regulation with with the what Reserve strip one of the regulations in the subdivision reg says that you cannot
have a reserve strip between you right away and A buing Properties so John I think uh the way that it's constructed the intersection with charlot white road is quite wide so the the I don't think it it doesn't
matter as much it doesn't matter as much like 90 ft wide one sheet down from this so it's a little hard to see just on the scanned in sheet but this is the right away 25 ft that we're providing and then we have the variable
width that goes out on this side we've got a considerable shoulder on this side street is offset to the east um so there's plenty of room over here so that okay so even though it's
not technically 25 ft because it's such a wide shoulder we're getting the equivalent of that yeah the area is there yeah you can physically draw that 25 ft radius in there we just don't want to conflict
with that Reserve strip regulation understand but but this this plan has that on the west side of your access road I I you're showing a 25 ft radius
are you not here we are yes but here we are not well this on the road there's a 25 ft radius whatever it is yeah the P the pavement we have radius on both sides we don't have the right of way radius on this side oh um but it does
fit within the variable width that we're providing yeah and then you're providing it says a 4T sidewalk along that western edge of your Access Road correct because we spent uh a whole lot
of energy on a driveway going on to drift road with the same situation on the left where they wanted uh a waiver on 25 ft but situation there was there was a stone wall and a tree and
everything else blocking the view what you've got is a clean shoulder I think right the road the road is being constructed as if it fit the all the regulations yeah so it's just the right a very different situation
just on paper the RightWay is wider yes so I mean so it isn't an issue not the same situation it could be on that corner because if there's a fence that supposed to block all the junkyard uh it could be an issue of
trying to see TR uh traffic coming east on Char White Road sight triangle right yeah but if it is a if it's not a tree if it's a fence um I don't know if the town has much
appetite for doing this but they could enfor Force the site triangle so so I I don't have a problem with making a having a vote on that waiver so that they know that is okay
but I don't know what everybody else thinks but we're not approving this well just staff wanted uh a motion on the waiver and a continu you in public hearing I don't know if you want you want a motion I wanted to talk
about that this first and then I just wanted to talk about it in general and then open it up to the to the Neighborhood Mr chairman there's also one more issue we'd like to have addressed about the the drainage basins as well with fencing around the drainage basins so um but yeah go ahead let's
have the the motion on this one so uh Mr chair I I would move to endorse a waiver of subdivision viol section uh ib. a.1. design standards that uh Street
lines at all intersection shall be rounded uh with a curve at Each corner having a radius of not less than 25 ft that's the first part of the motion and uh the second part is to continue the public hearing to April 22nd uh
2025 we can only do the first one so okay roll me out of Bo see if I care second okay all those in favor on the waiver I I I okay so let's let's talk
about the the drainage one de I can go over if you want um so MBL brought up that the test pits in the infiltration basins um the one up front here and the one in the rear of the
property um sit on top of old test bits that were done for the old subdivision um and they're just saying that you might want to require that we do um new test bits to make sure that the soil is
as it was then um I mean so AR they're not going to change um and they were so our our stances that they they were witnessed by the Board of Health at the time that they were done um so there's a CR credibility Factor
there so they were actually for the per test for the common septic yes from the previous subdivision y um so that was for the common leechfield for the septic no so they had perked all over for separate um or maybe they were looking
around for the best spot to put the common I think where they ended up putting the common was back here right um yeah they did perks all over the lot prev previously those expired and that's why we had to do perks for the Board of Health um for the new
subdivision but because we weren't doing a new septic up here we didn't do new holes up there because we figured those were okay for drainage purposes um specifically for this Basin um I believe MBL doesn't have a
problem with anym using the old test bits uh the soils and the groundwater abs oberved here in those test bits were the most restrictive that were found on the site um so you really can't expect anything to get worse from looking at
new test bits um and I think their concern here is that this was some of the better soil that was found on site and they just wanted to confirm that um but our our is
in the in the interim has any dirt soil land ground been moved been did they start anything did they put stuff there that wasn't there before no construction um the only thing that's happened is the
test fits that we did for the new if I so some of this information was new that wasn't able to be incorporated for this review um regarding like the test F data but we planning staff did speak to to Board of Health representative um
Matt arendo and he said or he shared that yes if it's shared septic that's one thing but with individual septic on each law through Board of Health that will be um a requirement through Board of Health with Title Five and I also he
also shared that he didn't feel like he had enough information on you know how many bedrooms are going to be on each lot like how many um how many bedrooms essentially are is each Lot C so so I think this is why planning staff is maybe want to recommend a continuance so
we could take some time to review that but Matt armeno did say that whether or not that's approved or endorsed through planning it'll be a requirement when they get to Board of Health yeah we'll have to do separate site plans for each lot that go in front of Board of Health
go but did they aine or conservation on the U the drainage ODS the there was one outstanding comment from MBL which one of one of the detention basins uh will have a slow
infiltration rate in the two-year I think it was the two-year storm um and the consultant had recommended fencing around that Basin um yeah they actually recommended around both infiltration basins I believe right and and the the
subdivision by law doesn't recom commend under what sort of scenarios uh fencing is required so if it's you know it drains very slowly versus a detention Basin that um you know is full most of
the time uh it doesn't really make a difference as to when a fence may be required and so that's something that was brought up in the Consulting right that's correct right and the the bylaw says um any Basin which has a permanent pool of water
uh which the the pocket Wetland Basin does and we provided the fence around that and we're not going to stick our feet in the mud if you guys want a fence around these basins then we can add it um we just don't think it's necessary
and it doesn't it's not required by the regulation okay I think that we need to review it with the consultant's help but wasn't the issue that you raised with the you have to dig new test fits right that's not what you guys are
talking about about there two different issues yeah separate issues but those were the two issues that we wanted to discuss relating to the detention basins chair so you've you've already perked the Lots yes how
how's the soils in in in lots are they consistent um so one thing that MBL specifically brought up was that we have so this is lomy Sands what we have in the uh infiltration Basin and then we have Sandy lomes here on the
lot um we did our Park rates here were 10 minutes and I think it was seven so it's at worst right on that border between those two soil textures um but like I said before these
were witnessed by Board of Health at the time um I mean I'm I'm comfortable with that we've we've had some people coming in on test bits and they just went out and dug the test pit themselves and right like like I guess you're you can do it that
way for drainage but yeah so I don't have a problem using that data for us okay I prefer not to continually disturb it so you know I mean it's right is this a waiver or just a dire just a direction
yeah so I don't have any problem with using the old data it's not that long ago um yeah I think that is when it was done could you hold could you hold a second so um
I don't think anybody has a problem with that but so if you have nothing else I'm going to open it up to the to the uh there was so it would just be your opinion on the fences and then there was one other
issue with the access to the cemetery we had provided um essentially a a a pedestrian curve cut for a ramp um and MBL said you might want uh vehicular access so wider curve cut um either way
you guys want it is fine with us it doesn't really make much of a difference um we just figured there's going to be well is access is there a place for people to park to
access the Su it would just be along the road it's right on the curve yeah what is meant by a just a question here what's meant by a ramp are you talking about a a wooden ramp or earn ramp no no just like a sidewalk okay just like a
very subtle slope going up yeah um but that's I'm just speaking in the size of it it's just going to be uh 4T wide well I think wide I think it would be wide enough to have provide access for maintenance of the cemetery you know
mowing and maybe some small equipment but uh yeah and if um like I said we'll we'll widen it out if that's what you guys want um but I also say that we're using Cape Cod BM here so essentially anything uh that would be
providing maintenance would be able to drive right over the c c firm as well how does the sary get maintained does does it get mowed by people I'm not sure that it is maintained
I think if the town has access to it I think that they could maintain it if they have time provid around it they do that for minute and it's still it's pretty clear that the cemetery is there and everything right yes yeah there's a
stone wall that runs around three sides of it are there any headstones left I haven't been been out and seen the actual Cemetery so this is the one I believe you're referring to that headstones were removed yeah elj took
them and crushed them so I just wonder if it looks like a cemetery or is it just a spot um yeah I haven't seen it I think they bring them back I hav there were some still there they found some there
yeah um myself I think you need to provide access for for somebody to maintain it sure um maybe do you want similar to a driveway do you want it to be no for for a you know sit down mower kind of
thing not a not a truck and I and I think if there's three walls there like they should probably put the other wall up with the history so it's designated that it's a cemetery so it's very easy can't be
thought that it was something else this should be a sign sure so I don't think we need a motion on those things but um with the fence I would like to continue that discussion till the next
meeting when we have time to have Cole give us their opinion about standing water and those things sure um so this is a public hearing if anybody would like to ask a question or make a
comment please come up to the podium real life 51 Holly Westport uh I'm going to go back quite a ways so my grandfather and I reached to hunt behind wolf from Wolf all the way
to um s road there weren there weren't nowhere near the houses that are there now anything that's been built there has put water towards main road right from the beginning metal Brook Juniper all those coming this
way my concern is the stor water and the Retention Ponds are they going to be able to handle the water that's already there now and more water coming that actually goes across the road behind bitter
Farms across teos across Smith's nooke across my farm at the at the very end and all the way to the river that's my biggest concern when
they did the intersection at Charlotte White Road that water put more water on my property it's draining that way it comes all the way down which one pardon me which which
development no when they when they did the the uh drainage at Charlotte white and Maine okay where it's it's still it still gathers now okay that water's coming down from Sodom Road just all the way it's you're
walking uphill if you're go to Sodom Road and everything else is downhill towards the river I know from walking cat feeding cattle twice a day for the past 50 something years what water looks like on my place
when it's happening meal Brook put more water the construction and Main Road when they put drainage put more water and know all of that water went behind Bitter Sweet Farms or through
Bitter Sweet Farms cuz Richard owns almost all the way to the end of Holly Lane up in the back side there and it's across t-o making it wet there it's across nooke uh that that piece that's between 88 and nooke and at the tail end of my place
but it drainage wise it comes through my place the entire place so I just want to make sure that Bob dor 's all the drainage here well be one that's my only comment I'm disappointed that he's not here today the the road the road work yeah I
think they've done all the calculations but like they were saying for for the Board of Health the Board of Health's got the jurisdiction of each individual Lots that's just a history that's just a history lesson I I've only been around a short time you know so I don't I don't know about the the grading on that so
thank you anybody else Cameron Su 11 strong B Lane um I just have a concern with catch basing 2 I have a house just south of it and if it's going to be holding standing water I know there's a spill location on it as well too in the event that it does
overflow it should be appears to be it would be coming down my property line is right here on the stone wall that it could be coming right into my property as well and or standing water holding mosquito pond so I know that test fits were done in 2007 sounded like it was a slow
process so is it going to be holding water there am I going to have uh a new ecosystem right next to my new house so it's a concern of M we'll have Cole take a look at that it does look like the GRE is going to keep it into that Wetland where you're not
going to hopefully it goes into the Wetland but I'm not sure that the Wetland it it is a complete Wetland but it I think it reaches down to Main Road and probably
goes across Main Road correct Mr elas was saying so so this is um a combination of infiltration and detention so it's designed to outlet some water and infiltrate the rest um as far as the time that it's going to be
holding water um it's been designed to uh drain within 72 hours it's more like 50 something is what the calculation said um and that's within the the time to drain that mass
D um has dict at in storm water regulations um but that also in our experience is overselling how long the water is going to stay there uh the infiltration
rate that's used in design is called the raws rate and it has quite a bit of a factor of safety in it so that 50 something hours in the real world is typically probably half of that um so even after a 100e storm where this is
completely full of water it's going to be gone within 2 days and then any water that does exit this um whether it's designed or in some case it failed um if you have a two
large backto back storms um the water would come through this Spillway here come into the Wetland and the the Topography of the land GE slopes pretty significantly down away from your property line and it does end
up going toward a culvert on Main Road um and it crosses there um but then just about the the flooding in general um this has been designed with the the state regulation
of reducing runoff rate um but then also with the town's regulation to reduce volume in the 10year storm uh which also reduces it in every storm below that uh so having the reduction in volume and
rate really it's like belt and suspenders making sure you're not going to have a flooding issue because of the development um and like I've said before we're going to be picking up some water that would normally go directly to the road and
it's going to be coming back into the drainage system and then end up in the Wetland so how much of the uh drainage is not being captured from from your side not being captured by one of these basins and still going into the wet ones
so it's just the the back yards of some of these Lots up here and then just like the the outside BM of the Basin here it's very small areas and that's been taken into account in the calculations for water going offsite
correct but uh and you say it goes into the Wetland which when gets full drained through the Culver underneath main road yeah has anybody make sure that that is has
capacity so how a culvert C would work is regardless of um its capacity when you look at your predevelopment flow to that Culvert and
you're reducing that you're assuring that you're not overwhelming it um so so we are red we're reducing the runoff rate now and the rate is the biggest thing for a Culver um it's the rate of the water physically getting to
and through that pipe so by reducing that rate it's able to pass water more easily Okay so anybody else I would entertain a motion to continue this hearing so uh Mr chair I move to uh continue the public hearing
to April 22nd 2025 do do we have a time for that say again 6 6 615 second all those in favor I I thank you thank you
[Applause] uh so we're going to go back now to Maya way and grite Post Road remaining landscaping and drainage work so Maya away and granite Post Road have both been submitted to the town for
acceptance as public ways um so there's some documentation here from the highway department saying that uh my well first of all the select board has asked the planning board for comment
on these two Redway so what we've given to you all is a memo from the highway department saying that in the case of mayway the retention areas and the Water Management areas need to be cut cleaned and have
trees removed so operations can correctly move forward um this is a a showed that the select board had assumed responsibility for the um charity and took that over and Manny did
that go out to a bit and everything and and work was complet what we did was Highway worked with um um the the chapter 90 contract because we had a real good number and okay we just barely squeaked getting it completed so okay there's there's no I
don't believe there's any money left to I think would that be our responsibility to go in and mow that okay so that there's that it it's not one that's g a lot of years without being mode it was M around that time too so I don't think it could be that bad
right it was just a year and a half ago yeah that that town did that yeah um and then for granite Post Road this still has an an outstanding shity that the the planning board holds and um
we are still waiting on the as built drawing for this roadway um the highway department has stated that the Landscaping is incomplete uh needs to be looned and seated this spring and the catch basins
need to be examined and and likely be cleaned um s SW Cole has noted similar concerns with with the roadway um so we'll provide the select
board this report from SW Cole um but otherwise both of these are have mostly for acceptance right yeah for accept so we got to get on this town meeting I don't see see a problem with any of them yeah if the sh is there for maintenance
you know it's kind of important to get it on so they get the school buses mhm especially my away that's that's going on that's another one that's probably 20 years old no school buses or maale not our fault no so if there are
any other comments I can include that otherwise we can yeah I think so okay I mean it's important that it gets the ad built on the other one because they need that for right yeah which they we were told they it was going to be
provided so we'll just have to follow up with uh the developer Bob car yeah it's Carri so are you looking for a motion I don't think we need a motion but if there are any outstanding concerns from the board we'll incorporate that into
need he's going to me need the Y Bill plan otherwise it won't be able to be accepted so as long as he knows that right yeah it's part of the acceptance process I've lost my okay uh I think we have one more thing
discussion of town engineer okay Town engineer uh they they have a job description of the engineer uh which they were going to vote on last night at the selectman's meeting but
um I and Michael had some some issues with the job description um and I spoke last night at the selectman's meeting and I think they didn't vote on oh I'm glad you I'm glad GL glad to
brought that up and I and I went and talked to the Town Administrator today about so some of the you know some of the things that you brought up and some of the things that are going on I told Jimmy today that we should use the town
engineer as for sewer water and ms4 and that's it and write it up that way and he reports directly to the selectman so he reports to the selectman but if if if any Board needs any help they can consult with them we can't be
using them to sit in meetings with us there's going to be a conflict of interest we have peer review that's what we have that for so I think that's going to keep them out of the weeds and we can fix a lot of the issues we have in town and Jimmy was receptive to that he he actually said we'll have it written up
so I think if we could be tasked with that and submit it to them for the next selectman's meeting we might be able to get that through so I I think that I could see that we might reach out for something one of these old subdivisions right and make sure that
you know it's okay the way it is or we can see it if we don't have the ability to use um the consultant review fee for I I think the biggest problem was the Board of Health too the Board of Health was same thing they were they
were so it it's I think we need a consultant review we need a town engineer the way that his job description was was written up that they were just about to approve last night gave him some responsibility over our
our stuff here and I said that's and it's not like you can't reach out to us for help right the other issue is that you know if we have older subdivisions and Cole
is saying this uh if we have not that our our applicants would do this but they might go to the town engineer and said well the town engineer says it's okay so I
just don't want that kind of right yeah and I think we can get in trouble I think it would it probably would happen so the the job description when I talked to Jim about it I just or to Jim White and not the Town Administrator but I
also said the same thing to the Town Administrator as well that that the uh designation of responsibilities and the job description just need to be a little bit more clear about what the town engineer would be responsible for so as to not um you know kind of get around
the authority of the planning board who is an independently elected board in town and I think you all understand that so um but I just really want to Second something that you said having the town engineer do the ms4 permit that's something that is really outside of my purview and it would be great to have
some should be a town engineer's job been been saying a long time with that that that's the the job of public works department and not a planning office so um I think I think this is great idea and concept address the issues from he
could look at the Board of Health stuff with the septics that are directing flow into the road because you can't put flow into the road so that you know they can still deal with the with the title five and then you know it's like you can't pump water out of your basement into the road they shouldn't be able to
do designing of their Dr their Contours to dump water into the road either which these big humps on the septics that's our biggest problem in the North End on these small lots and it's disastrous yeah we have there are all these grants that come available for different storm water projects
and the money's out there we just need someone to get that initial seed idea to just say hey you know go and apply for this here's the initial concept and be great to have someone to do that put that in there cuz because that's one of the things so it was the same thing with
with yesterday on the fire hydrants and when w they increase the the rate on the on the water because we're in a deficit and that was that was kind of scary because um had 2017 we negotiated the water bill it would have been you know I don't know it was $3 difference or
something and it was led to believe yesterday that the existing customers weren't going to get the benefit of the increased flow that will drop the rate which is untrue so we should not be try trying to raise the water bill while we're trying to connect people into new service well I I get up
and I guess I'm a pain the ass we need that's what we appre we it's just like this we appreciate so I wanted to know how much people in Fall River pay for water and it's $4 and something and we're going to
increase our water cost to $9 or $8 and something $9 this increased flow increased usage is reducing us closer to to for of as water R and I think in fact we're going to be even we're going to be probably low paying lower than what fora
pays because for has a storm water tax on it that we won't be we won't be putting on it but it it's crazy to and if you're wanting people to tie in and most of the people who are up in the
North End have less income than the rest of us it we're going to want them to pay something monthly or quarterly or however it comes to the tune of5 to $800 a year where's that going to come from I
mean it's it's crazy like the monit of the septics that could been putting in it's going you know anyway that's not our deal but I mean that that was part of the selectman's meeting last night we we also had some things with the bridge the bridges yeah well that's next
um is the they have a proposal or they've been working on for years now uh are placing the Kirby Brook bridge on drift
Road and um they have to do it to mass Highway standards and we have applied for a design uh Grant which were 25% uh we're at the
25% stage not to interrupt but so do do we know how much of that Grant has been used for that up to that 25% stage so the the cver projects I've been a part of are for Angeline Brook and
Snow Creek and lions Brook so I'm not familiar with the Kirby one but this is a bridge no well it's Culver's in Bridge it was a so right now I'm looking at um this has only been recently categorized as a
bridge and I think for some reason it was to chase the chapter 90 money to do it initially so I kind of investigated that bridge a little bit today and I I asked for the reports from from the um that the one on Old County Road at
the head mhm because originally when I got on the on the planning board I had gotten a report that was a few years back that said that bridge was deficient so the newest report two years ago says that bridge is is more deficient no it says it's okay oh really so but then I'm
looking at the report what it is and it's a pre pre-stress concrete deck and I've been under the bridge and and we have rebar rusted popping through so my concern today is with the two ft across we had this winter and traffic on the
bridge and these bridges are supposed to be inspected every two years so I asked Michael through your direction if we could reach out the mass Highway and have both of these reinspected M cuz now looking at the construction of of the Kirby Culvert that was built by mass
Highway in the 60s or 70s so the inspection of it said it was a metal CT so it is a metal cover but the covert was the Met there's a couple of them there the metal covers were used as a form and when they built it back in the day concrete was cheap and this whole
thing is just a big solid block of concrete would no rebar well it might have rebar but it's it's it looks like it's in really good shape and it could actually like the Heron are getting up it right now it could actually probably the one with the three yep it could
actually probably have the bottoms cut out of it but the reason I'm bringing this up is in the future the neighbors their problem was the god Rail and it looks like like a batted concrete wall could be incorporated into this Culvert and put veneer Stone on it to make make
it look like it does versus building this Mass highway bridge so my only yesterday I was all in favor of well if we already got the design the design was a grant let's get the design even if we're not going to build it but if there's any chance that we could push our efforts towards the
head and address this other situation that the neighbors seem to be more concerned about the God rails that when the god rails were put in they met they M chapter 90 standards that we use chapter 90 money to do it so we had to do that so I think if we just reach out
to mass Highway let's let's after the severe winter have a reinspection of the two Bridges and maybe have Bob dor and myself there at the at the inspection and go over all our options before we spend that that grant money and what we can do and let Mass Highway tell us what we should do okay I really think we have
to look at the head Bridge because when I when I did look at that and I had a concern it's almost like like like the two inspections got flopped it's also you know when it happens all the time that you get two problems one those
chapter 90 you'll do it my way and I'll make drift Road look like a a chapter 90 Highway yeah uh which is totally an appropriate and it's also actually unsafe because uh those guard rails narrow the
road and people on bicycles are walk or walking on drift road which happens a lot have less room to escape a car the old rundown rickety wooden fence was
further away from the center line of the road you had more room to be on a bicycle or walking and the old rickety wooden non chapter 90 conforming fence was safer
than the ugly uh steel shiny in congruous fence which forced uh a person on a bike or walking more into
the uh line of traffic and the you know the highway people and the town say I don't want to listen to The Neighbors about either their opinion on what is appropriate looking or what is safe and
they say you know what a what a public hearing is a public hearing is after we've designed it we'll ask you your opinion so so a good point is where you guys are moving forward with these which I applaud the efforts on the bottomless
covs going in from you guys I mean this is long overdue so I think the Kirby Brook Culvert should gotrail situation let's see how we progress with that and and direct our efforts at the head where
we got school buses and everything else going over the head and look at that so the the other issue on the head is uh what's been brought up at the climate resilience committee and the hazard mitigation committee is that it's too
low because it's going to be inundated by storms uh and it may the current M could be washed out by a big by a hurricane because all the water coming down uh well we we already have some issues with with the storm water coming out of the
new high school which I'm not sure that they permitted that storm water correctly and we got that stuff blowing out and all that so I think on your climate resilience stuff this is why we need that inspection and that should be all Incorporated before we have a disaster it's going to be worse than let
blowing out well you know with the uh and Reay Elias was on our one of our committees and climate resilience but in agriculture uh one of the things you
know is warmer air uh retains more moisture and therefore what you get is both uh more drought and more uh flooding uh and so you
get you're going to get more of what Ry was talking about which is water flooding and uh so as bad as he described the situation it'll be worse and uh I listened to on Sunday you were
there Jim uh the Watershed Alliance said uh they have a program encouraging Farmers uh not to leave their fields um without cover crops
because when you get the heavy rains you get tremendous erosion uh and so if you can plant a cover crop and you get that Heavy Rain you you prevent it's like let's build some more Wetlands so we can
we got to get the infiltration instead of run off soil from you know getting washed into the river I'm not not even sure what was at the high school for infiltration on on that design there's there's underground um tanks uh in front
so that went through I don't know how many iterations um and Bob daylor was going over it with his very fine pen and I think did as good as he could
but one M thing is as I'm not sure that they filed the correct federal and state permits for that and so what happens if you know Bob dor made corrections to to the engineers but our only check is when you file the federal and state permits so I I don't know that they had a
discharge permit or you know nepes or or any of that stuff it seemed like a lot of stuff slipped through the cracks the school building committee was always after us not to make them do all these things because they're at the Town well the town has to do what
everybody well they didn't want to even have site plan review yeah and then they didn't want to combine the the area of the elementary school in the design because it wasn't part of the project we said well it's the site and they had a
lot of problem with storm wanted going down to the neighbors on gier road from the elementary school just comment I mean um John that's why they use they used to use winter
rise winter R now to get back to this old County Bridge situation Manny you're saying suggesting we need to get do out to reinspect they do it every two years anyway it's like two years older where so I did see a
report where it was deficient I've been under the bridge and I seen it's pre-stressed concrete and the rebot popping throw so that means it's you know we know all the dump trucks that ran over there but I'm reading this email from Mr rottener yeah from February 28th of this year and he says
this bridge is municipally owned bridge on a non system non on an on system non NHS route I don't know what that is but it is not structurally deficient and currently ranks 2,525 in the state well kind kind of
kind of like they don't seem to be kind of like what what happened with the Washington Bridge till kid out of right out of college came in and inspected it I'm telling you I would been inspecting Bridges when I got out of college and I happened to crawl under that bridge a few years back and I'm telling you I'm
not in favor of riding over that bridge with my dump truck the one that they head I I'll go over I'll go over that Kirby Bri Bridge with overloaded I would never worry about falling through that thing but uh it just it just looks like it's going to be a bit of a push to get them to come
out no it says every two years and and if you look at their inspection reports the inspection yeah so we can get them out there look at so so there's that Mark and we're also working on applying to the MVP action Grant um the the to
support doing an analysis of the area to improve its capacity to absorb flood waters and storm water and the original impetus for it ironically was the bridge but when we reached out to the bridge program they were like no you need to pump the brakes on that a little bit you're a long ways off from um being
being a priority we I definitely will follow up because if we're going to do any sort of make any sort of plans about storm water and flood waters in that area and the bridge needs to be incorporated it just makes sense to look at all of it holistically so I again I
do not I when I'm looking at this stuff and I've done it my whole career it almost looks to me like somehow it got flopped the other one isn't a bridge it's co this one's a bridge and the other one's not
deficient so I I don't know maybe the maybe the mass Highway for the since we the grant was for a bridge but it's not a bridge we can incorporate that Grant to design proper c c or or I don't think the COV needs to be replaced I mean it's not bottomless
but it's in the water and the fish are getting up in I mean we could monitor it this year too who's who who are our fish wardens this year is Sean still on that I I think Everett Mills yeah I mean something that they should look at that just like the Heron run we the Heron
wasn't run wasn't Incorporated in this other stuff that we're doing right no and that's no but we need to get that on the list now yep because the water system is this far from and and and the um the hemlock gutter that was washed out in 2012 that we could have got a new
a new a new uh Co through FEMA cuz the dam broke through they that pipe's above the water so no fish can get up in that pipe and that's already after the rivers and streams act so that should have been a bottomless Co so I do know that the
land trust has control um um that farm that farm got is an APR in fact I think they bought him a big bag of Ry grass this year they T grab the r grass and um the so the farmer still has the farm but
the wetlands adjacent to it are in Land Trust so it's definitely one it needs to be looked at all right um I mean you're talking on Ross on this stuff right um You should get with Chris I
know Chris talks with Ross a lot because of the they collaborate on a lot of things um I I talk to him from time to time but not as often as Chris yeah planers reports uh last week the barrier Beach
management planning committee met and Jim was at that meeting and he's going to be appointed to that committee um it's a very General conversation to start developing the base level plan uh
for for the beach management plans at East Beach Atlantic Avenue and Beach Avenue so we just talked about some how the beaches have been managed in the past got some feedback from um the different committee members and a couple
members from the public who were there um and then talked a little bit about some of the current challenges and and managing those areas and then Set uh well I don't think we got to the the timeline because we ran out of time there's a lot of discussion
throughout but we're going to um have a virtual meeting for that next week on do you you remember the date by any chance let me check my calendar the 20th maybe I'm dislexic so never trust me on
numbers it is I think it's the 20th too but yes it's next week on the 20th we'll put a well right now we're working on the public postings so that
should go out this week um we're going to do a press release with the shorelines too it'll kind of be the announcement well it's already been picked up in the shorelines but I think this will be like the project team's first announcement um and yeah it'll be six o'clock um
so uh we'll maybe see some folks there who who were at the the first meeting um our housing production plan is I just worked on that with sured this morning and I we're getting the final touches on that so that should get published this
week um I have to look at the final draft and just do a proofing really quick just to make sure eyes are dotted te's are crossed and uh we'll get that published and yeah it's been a long time coming on that there are some delays um
over the past couple years but it'll be good to to see that in place again and last is our an update on our online permitting so that got off the ground uh two and a half weeks ago um and it's been the the transition has not
been bad at all um everyone's been pretty receptive towards it we had been talking about it for a while and had done a number of trainings so I think um folks have seen that it's it's not quite as challenging to use the
interface as they initially thought it was um I think it's one of those things where you just have to get in there and start messing around with stuff and you start to learn it so I guess since it's gone online they've the building department has has taken in like 150
permits um so it's and they love it because it's really making their workflow a lot more efficient so um next things like excuse me like beach permits or is that a separate that's yeah they have they have their own system for that
so that that one is little yeah there are some kinks in that right so so so what about the these um the permitting for um the the um what are we calling that stuff for the the
apartments um short-term rental yeah the short-term rentals uh that's going to be handled by Paula yeah if it passes to yeah if it passes to you don't think that can be incorporated in that system we could see
I'm I'm sure they would be interested in have adding another product to their system that people can pay for so but I don't know offand if short-term rentals could be incorporated it would have to be I'm not quite sure how they would do it for the most part I mean the money
that we get we collect from the state so it goes to the state so it would be it would be just for stuff that you know we get notified that somebody's not registered right so I think it would through the building department I think it would probably be easy yeah so we
we're working on getting Board of Health up next um then fire departments after that and I think planning will be up after that um I'll follow up and see if there's anything with the the short-term rental I know they have like small modules for like
animal licensing and stuff so maybe they already have something like that carved out that I don't know about how about conservation conservation will be on it eventually according to the um project manager that I've been working with it's
a more comp complicated workflow within their um within the platform to develop with different applications and stuff so I I think they'll probably be less but they will be incorporated into it that's it okay so next would be
minutes of December 3rd uh Mr chair I've looked at the minutes are executive session minutes yeah I've looked at the executive session uh it says I was absent but then it says I arrived late 11 minutes late so with
with the I don't think I was absent um so the when I wasn't here was I here uh you weren't man uh so with that one change I would move approval of the executive session minut a
second all those in favor I I one absten all and I've looked at at the minutes of February 11th uh which I I think are really good
uh and i' move approval although I have one uh comment um which I'll make after we approve them so I I move approval of of on the 11th but I do want to make after we
approve after after we approve so someone can second them we well I have a comment on on I noticed something on these minutes that uh you John are very prolific and uh voted so
this was on the discussion of with Jeffrey Blake and there was a motion by daylor seconded by you and the vote was by
Bullard dlor white and Buller well I come from you know a political community in bford where we try and vote uh at least once sometimes more than once I was going to say this is your secret how you got elected B you you should always
you know voting is very important so you should try and do I'm surprised you're in a political family too that we try our best to vote twice that's the way vote off vote early
off good catch there so yeah strike strike one of the bullers out of there are we approving him with that all those favor the the comment I have is I did
but I shouldn't have but we is it all we approve them the comment I have is that if you take uh uh that motion as an example uh you know that was kind of a
contentious issue uh we uh lay out the comments of people in the audience uh very well and I think that's really good uh we don't
necessarily lay out the comments from the members of the planning board in terms of why we decide to to vote yay or nay and uh we just say in this case you know we voted yes or
Manny in your case you you obain uh and I don't know you know we so we captured the opinions of the public that we don't cap the opinions of the members of the planning board other than what our vs
and I don't know whether uh we should try and capture our opinions or reasons for why we vote or not what what people think about that I think we do that sometimes so quite often when we explain to them that we have rules and
regulations that we follow but yeah we say what our opinions are but it's not captured in the minutes it's just our vot captur do you want more of the discussion to be captured in the minutes I don't know I just raised it as an issue I mean I don't want to get into
the point where we're doing minutes like the zoning board which to be 20 P yeah that's that's the point I don't either um and I think it's important that we're
capturing what the uh people in the audience are saying uh and while I may speak for three minutes it's only two or three lines in the in the minutes which is good I would never get with the minute uh I just off of that
is okay so we're done with that move to a Jour no I I would not entertain that yet I I would just like to have a brief discussion about what we used to do here and we used to have our regular meetings
like twice a month and then we would have a work session and we have been so busy that we haven't been doing the work session but I think it is important uh to try to figure out uh how do we deal
with our zoning bylaw uh in several ways to how how could we possibly change it to make uh development of starter homes easier and
cheaper for people's kids to be able to live here and two uh how to deal with our environmental justice area in terms of equity how do
we all of our taxes are so regressive that I think uh we need to think about that um because including all this increase in costs
that are going to come from all the tariffs that are being implemented are going to be really regressive so everybody pays those irregardless of how much you make so I I think that I don't know would
people like to have some work sessions to try to hash out some of these things one of the things an environmental justice an environmental justice neighborhood work session for what's going on and trying to get the S war in there yeah also the the development things I I
forwarded to Michael uh in in Belgium or something they have these are 50 years old 60 years old 70 years old right after the war where they're doing little custers of cage style houses in these little
pods around common laneways instead of 60,000 sare foot Lots um there's towns in Vermont for instance that have similar similar to what you've just described Belgium very affordable I have
friends whose children were able to buy one of these small houses clustered around a common space and uh and uh you know it's very affable it's not a large parcel of land and it conserves the open
space as well and they're very pleased to live and be in a small area with a small lot to maintain at a reasonable priced house and U there's very little um and and then they get the enjoyment of the surrounding land which has been preserved so so we have that and and
that's what's happening in the North and the West Park we have these little houses and what's happening is we have you know 50 and $60,000 septic systems being put in these houses and it's thrown right out of these people's budgets so they're all these undersiz
lots that the septic this this denitrification system that they're putting in the lot the lot is still not Title 5 compliant so that's the problem that's why we need to get the sewer B and and that's the only thing that's going to keep these Lots as affordable right but
you're talking about lots that already exist with houses I'm talking about but that's where where like after World War II there was a a great deal of expansion of for housing that was affordable to
the to the people coming back from the war my in-laws had had a small house in Manchester Connecticut uh and what year was that 1950 that's what these houses are that's what they built well this is what
40b is is about right density and you have to put it in places where environmentally but without the sewer and water we can't keep them and well these houses are no longer affordable we you're taking a house that
that 6 years ago was 200,000 they throw this developer comes in buys it flips it puts some lipstick on it throws the septic in and it's going for 650 yeah yeah so there's nothing we can about
that but if you're suggesting well you want to spend tonight Sol problem but if you're suggesting a work session or work session with zoning to say how and where do we create affordable housing and how
to manage point do we keep it affordable and what tools do we use what help from the state do we use uh to do this is it 40b what tools are there uh is it adus you
know what what's the toolbox look like and how do you overcome people's fears uh you know I mentioned this before the governor of Oregon said there's only two things that unify the
people of the state of Oregon their hatred of sprawl and density of course you know have one of the other I I agree and I think to
me this breaks up the monotony and the the stuff that we do every meeting and it's why I became part of the planning board originally is because I'd like to have some input of what happens but I
think that it would be actually instructive to to have Michael and Dia go through it they're much younger than us they have been to school recently on this kind of stuff and you get examples of places like Mark
was talking about uh in Vermont where what do I mean uh what do places look like where this works you know because there are places where this work that's you know this this was you know the Westport Factory Railroad Park yeah this
was all stuff from from the Mills this is what was there so now when when you know my mother sells her house and her grandchild can't afford to buy the house yeah I grew up in a place
like that an Village in Framingham my dad came back from World War II you know was a dense uh Place created right after World War II very dense you know inexpensive housing hang out religion Framing and we
work you know as a doc and Brockton bed hospital and that's what they were building right my grandmother lived in the 20s right on Union AB worked at the Westport Factory and and most of her money went to the factory store they liveed in that
Community can I move to a journ now yes but let's get a well let's let's set a date before we all right for a work session what time of day 4:00 is that what we've done in okay
4:00 and they're almost still in their regular time period instead of a night meeting so when do you want to do it Mr chair I'm waiting for the planers to come up with a
date saying like in a month probably into April would be good cuz I have two Grant deadlines at the end of the month so uh well after April 15th is better for me okay cuz then I'm not so nervous about getting
my I should have M this week all right and then that that that clears out my calendar too I don't have scheduled out a month and a half we should just stop all um the week before the April 22nd
planning board meeting how about the week after the week after yeah the the week after I can I can do anything how about the [Music] 29th works for me 29 yep
I was looking for the picture of that subdivision in Belgium but I sent it to Michael but I didn't say that so so Mark Lev was in the slps meeting last night talking about were you there when he was talking
about like they're saying they don't even have any setbacks for these detached accessory Apartments they just what you have to be same setback as any building he says he says it's not regulation it doesn't have to be
anything that you build on your L can can I move to adjourn that yes please I thought move to a second all those in favor that's what e e e
e e e e e