hello and welcome to the Tuesday April 9th 2024 meeting of the air planning board this meeting hearing of the air planning board will be held in person at the location provided on this notice members of the public are welcome to attend this in-person meeting please note that while an option for remote attendance and our participation VI via Zoom is being provided as a courtesy to the public the meeting hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast unless otherwise required by law members of the public with particular particular interest in a specific item on this agenda should make plans for inperson versus virtual attendance accordingly this meeting will be live on Zoom the public May access the proceedings by joining Zoom meeting ID number 833 6548 0732 or by calling 92925 6099 for additional information about remote participation please contact Danny Ruiz Town planner at D Ruiz a.m. ma. us or 978-772-4864 8220 extension 144 prior to the meeting welcome everybody uh first item on our agenda oh is to approve the agenda so moved have a second second any discussion hearing none Ken how do you vote hi Julie yes Nathan hi j v i it's unanimous thank you uh first item is U continuation of of Stratton Hill is someone coming and we have a a letter requesting extension from attorney Collins representing the applicant Julie would you be so kind as to read the letter into the record sure it's dated March 22nd 2024 to the air planning board Town Hall One Main Street a air mass regarding Fox Meadow realy Corporation Molton Construction Corporation Locust Stratton Hill definitive subdivision right Road dear board members here we are at the end of the third week of March and the plans I promised would be submitted at the end of February are still in the works as luck would have it I came down with a bad case of covid on February 12th which pretty much killed the month I am assured that Dillis and Roy civil Design Group will have the revised plans ready by the end of next week kindly therefore continue the hearing on this matter to the meeting to be held on May 28th this should provide sufficiently time for green International to review and provide comments on the revised layout kindly also consider this letter as a request that the time by which the board must complete its hearings and file a decision on this matter be extended until June 28th 2024 thanking the board for its patience time and consideration I remain remain very truly yours Robert L Collins thank you Julie uh I need a motion for continuation right I can I can do the motion yeah all right I'd like to move that we continue the division definitive subdivision open space residential development plan uh review for off-road Straton Hill map 6 Parcels 1 2 378 11355 uh and we continue that to our our meeting on May 28th 2024 seconded any discussion just I did something wrong okay no no no no there's nothing wrong I just wanted to update the uh uh Dillon Roy did make a submission of their plans um this week uh so the peer review will start uh they I believe they started today they commenced their peer review uh green International so um and when can we get paper copies to look at um so if you want to come pick them up um I have them upstairs oh I didn't know that okay you have them I just I just received them okay good so just everyone know whenever and it is on the website as well okay excellent thank you okay any further discussion yeah yes can so when he uses the term kindly also consider the letter as a request at the time by which the board must complete its hearings and file a decision is he in position to tell us when we must do anything yes so remember the deadline of has already been extended several times it is to the applicant who provides the extension on our time to act once we've exceeded the 160 days uh we're well past that so it's at the the applicant's request to extend it or we make an act we have to decide on the application that at that moment it says we have to must complete its hearings and file a decision correct by the by the TW June 28th yes that's correct typically we can potentially potentially finish the hearings but even to write the decision so the decision must be submitted to the town clerk in stampton with by that date and that's how it always is unless we unless we ask for an extension and they've been very they've been very good about giving giving us extensions so I I have no issues with how this was written okay and just for clarification there are three decisions we could come to um yes so there are three three types of decision could you tell us the three types of decisions so there is a so basically you can do a there's the approval with conditions there's an approval there's an approval with conditions and then there's a denial so there's three different types of of um decisions we that the board can come to thanks thank you anything else there none Ken how do you vote I Julie yes Nathan I fa votes I it's unanimous thank you uh next item on agenda is 333d Street uh should we open the public hearing first or read the notice post uh so um you can uh open the public hearing and then uh you can read that okay so I need a motion I move that we open the hearing for site plan review and major still Mor management permit for 333r street map 34 parcel 136 seconded any discussion hearing none how do you vote Ken I Julie yes Nathan I chair votes I thank you and one thing so Kathleen can she she cannot vote but she can participate in this um deliberation excellent thank you uh just need to read the public hearing notice for site plan snorm water into the record the air planning board will be conducting a hybrid public hearing at 6:15 p.m. on Tuesday April 9th 2024 in the first floor meeting room at air toown hall One Main Street to consider the site plan and storm water applications submitted by aho development for the property located a 333r street air mass the applicant is proposing the construction of three single family homes that will require the clearing or grading of more than 10,000 squ ft of land the applicant is also seeking a storm water permit for a major project under the storm bylaw in coordination with the site plan review for more information please contact the air planning office at 978-772-4864 uh fall town meeting so he can Mullins in for the next meeting what he'll do is review the meeting minutes and the uh video and then he'll provide a written he'll fill out the Mullins form that I'll give to him and then he'll be able to sit on the next meeting okay that yes and through the chair um yes sir is what is the required is this a majority or so this yeah so this is um site plan review and a storm water management permit so it is a simple majority so if we were to vote on it today come to a decision there is we have sufficient board members to do yeah yeah there's four members here so you would need three uh members but I we will not be at that point cuz uh applicant still has not provided uh updated plans and responses exactly okay and so what I suggest and thank you for your patience I'm going to just ask the town planner just to give the setup just what's happening and then I'll turn it over to the represent of the applicant to do your narrative presentation and to answer what relevant questions as necessary D okay so um this application actually is one of the um different it's it's not a typical application we' typically see here at the planning board um this was triggered because of one they had a storm water management permit and two onto was the 10,000 um Square F feet of cumulative clearing um so due to 10,000 square ft they get triggered into site plan review even though technically single family and duplex families do not uh get brought into site plan review this is one of those little quirks in our bylaw in which the um if the the more stricter bylaw governs on this section so the 10,000 ft grading um brings them into site plan review uh for uh for this project um the uh the applicant made a submission uh site plan and everyone has their packets with the storm water management permit um report and the um his uh write up for a couple of uh requests for waivers there's three of them one of them was for the traffic which is um which was requested same from the landscape plan and from the lighting plan and so typically we require those but with this being a single family uh development three single family homes we don't typically require site plan review that's not something that we would you know typically do with that it's something we usually see on Commercial bigger larger developments um resident larger residential developments so there are three waivers that the applicant has requested um and uh I believe that's that's it from so what I'd like to do is uh hear your presentation open up the questions from this board but also the public and I'm hoping that we can actually vote on the waivers tonight I I hope everyone has a chance to review it because I think they're very straightforward uh if you could introduce yourself sir sure yep Brandon duchar with DAV e Ross Associates here on behalf of AO development and as as Danny said we we have three single family homes um on each on its own lot and since the cumulative area of land disturbance is greater than 10,000 square ft we fall into that um provision of the bylaw where we have to go through the site plan approval um the other uh trigger was the the major uh storm water management permit and there's a couple things that we trigger in order to uh qualify for that number one is we have greater than 2200 square uh cubic feet of alteration as well as greater than 5,000 square ft in a critical area right and the reason why this considered a critical area is the fact that it's in the aquifer Protection District for a Zone 2 public water supply so in doing that um obviously on the plan we've got the three individual single family homes we show the utility connections uh to existing utilities that are located within Third Street um and then we prepared a storm water management um report that has the operation of Maintenance um in essence what we're proposing is subsurface infiltration uh using ctech plastic Chambers would that be represented by these rectangles yes correct that's correct and those are those are basically achieving two things um we're intercepting and all the roof runoff uh through gutter system which would be hard piped to that sub surface infiltration and then based on the the standards of the bylaw we also need to maintain both the rate of runoff and the volume of runoff leaving our site so uh we have proposed two area drains which are essentially you know catch basins um where the a lot of the surface water gets directed show us it'll get picked up in both of those drains and also directly infiltrated on site so there's one to the right okay and then there's one right here okay thank you and then as we look at lot three which is the the lot all the way to the right um a portion of that house as well as the storm water management system are within the 100-year flood plane that's the yellow dash line we have filed with the Conservation Commission and have an order conditions um number one for doing work within that which is considered bordering lands up to flooding as well as through the bylaw we're providing uh compensatory flood storage um which provides in this case slightly more flood storage than than we're filling and in doing that we have to essentially shelf out an area outside of the flood plane by stage which means in 1 foot increments based upon the flood storage that was lost so for instance between elevation 225 and 226 if we lose a a volume in that stage we're replicating that same volume at that elevation and that compensatory flood storage area um a portion of that is located within the 100 foot buffer zone which is also was presented and discussed at the um notice of intent hearing um another unique thing about this project is um part of doing this requires us to improve um Third Street it's a gravel traveled way now and there's been multiple discussions with the DPW um I know they've been doing some some work in that area as you kind of head around Third Street down towards Marshall Street they've recently put in a a bio retention base in there and some Curbing and what the applicant has agreed to do is essentially we're working with the DPW to to design that modification or Improvement to Third Street mhm and the town is on schedule to to resurface and pave that um this summer so a bulk of the comments we have received comments both from the planner from the DPW and conservation which I'm sure you've seen and and a bulk of those comments really are about um the details of the improvements of that of that right of way um I had a discussion again with with with Matt this morning the RightWay that's kind of in front of the proposed houses there is is only 25 ft wide and as it stands now the existing traveled way actually goes beyond the right of way onto a buting property you can kind of see the the dash kind of goes the line right here goes up into here so and looking to correct that what we're we're we're proposing is to shift this imp Improvement further south to reestablish the traveled way within what's the town right of way so this layout here I have a 22 ft wide paved surface um the comments from DPW is they would like to see us also at a sidewalk um in doing that it would be a five foot wide sidewalk with a curbing obviously between that and the traveled way and that leaves us the balance where we could do an 18 ft wide traveled way and what they'd like to do is super Elevate that or or basically pitch it in a southernly Direction so all that storm water run off from the impervious would flow Southward up against the curbing for the sidewalk and the drainage would basically work its way down to where that detention Basin is that they just constructed there's a there's a catch Basin and a Spillway there and DPW is accounted for that drainage in in the design of that that Basin so at this point we can either you know go over some of the the comments I've kind of condensed them all down because some of them are redundant between letters um if you want to open up to questions of you folks first or how let's do I'm going to check with my colleagues for questions first open it up and then yes I would like to go through some of those comments particular I'm interested in the numbers for the compensatory uh storage of the water in the flood District um who wants to start okay would you like to so Brandon you mentioned that you had figured the width of the pavement I think you said you were going to propose 22 ft but now that working with the town we need to get that down to 18 ft with a 5ft sidewalk so it fits within the 25t right away my right that's that's what going to Bas yeah based on the comments they would like to include that sidewalk which would reduce the travel way down to 18 ft that no problem with fire police with that okay okay now the the drawing you submitted clearly needs to be updated to show the continuation of Third Street to where it's going to meet the end of Marshall Street is that proposed to be yeah he and I think you said that you just received the cad file from yeah so we're we're honestly working in conjunction with the DPW so I just at the time when we were first initially laying this out I don't even think they begun the Basin um oh okay and yeah so I I got a cad file from DPW that has the proposed location of that Bas and it has the Curbing and some of those details and and now I'm trying to you know incorporate this design into that now I'll I'll tell you straight out the the challenge is the geometry of those rways yeah and that's where I was hoping to get right here I was hoping to get a PL set to and just looking at turning radiuses for a 40ft vehicle to go through there it's it's a challenge and I just I I've got to get back to DPW and to see exactly what they want to do because if you come down Third Street you take that right and then you got got a hook back up I mean we're nowhere near close what the centaline radi would be per the the guidance yeah I mean currently right now it's just gravel in this area it's like a mud yeah mud gravel like it's not a yeah it's it's more of a just like a cut through is what looks like it's more used as y it's not a more it's not typically traveled through it right when you mentioned that the town was going to pave Third Street did you think in your mind that they were going to pave the area that you guys are going to do to do the work in the new work or that they're going to end their job by East Street and you're going to pick it up at East Street and continue the paving down cuz you I think you said that the town indicated they're going to repave Third Street they they are so they're going to pick up they're going to pave third street from the intersection with East all the way down to Marshall to tie in that area where they just constructed that Basin I think that might be a misunderstanding um I will check uh my my understanding was they were just doing East and thir this third street right here I don't think this was being this was being proposed okay but I I think we should both check we should both check with the D because based on my conversations end third stre yeah that's why I think they wanted to uh line up the timing on on when you guys were going to be making your cuts into into the uh road because they're going to be repaving this this area right here this intersection and all the way down Third Street and up East Street they want to time it with you guys on getting your your curb cuts and everything done prior to that but let's I think we both should reach sure I'll reach out to that is I you know I knew that the concerns in the comment letter was pertaining to utility connections yeah exactly which I took to be you know we there's there's other connections that are within Third Street where we're going to re relocate that wa let me check I'll check with um with Matt and Dan um no I'm sorry no you have a floor I'm sorry yeah so I'm curious as to you've got the um you know subsurface drainage systems on the Lots two and three that are fairly substantial size and on lot one that's small doesn't look like lot one includes the drainage for the paved area the driveway where the other ones do with the with the you know area drains and what not not so is there a reason we don't have a bigger um proposed you know subsurface system on I think it's a lot one yeah yeah so in essence I would say that the the system on lot one is primarily the rooftop runoff that's what it seems so based on the site grading um much or the the balance of that area including the impervious in the front as you said is is basically going to move along the North Side run down the street uh prior to the street yeah and it's going to it's going to wrap around between lot two and three you can kind of see that Swale area there um and and get picked up there oh you're talking about this one right here yeah yep yeah so when they run the calculations if you look at the drainage report they'll do Watershed Maps where they basically do exactly you're saying they'll they identify the the impervious areas as well as that topographic area by Watershed and you know that area in the back for instance you know just given the fact that you know we're accommodating for the impervious surface of the house so you know much of that is Overland and as you know you run those those calculations you know we're we're at or less than what is existing and and bear in mind uh there was an existing house and and driveway there also um a two family home that that's since been raised since they started of this this project so and then obviously as you get all the way down to lot three you know there's even greater amounts of surface runoff that we wanted to collect and and account for and these are all based all the way up through the 100-year storm event so that that's the other reason why they're they're so large I mean that's that's a significant storm event to infiltrate you guys comfortable I mean DPW is going to yeah I mean I know Matt has I've already had the meeting with Matt and Heather about these about the storm water on here they're they they seem relatively comfortable with the with the way the report is but I mean and but Matt provided his comments that he wanted clarification on okay I M yeah so um I assume that there's going to be uh operations and maintenance manuals for each owner for their respective infiltration system I I just want to know Danny do you know are there uh similar infiltration system affiliated with single family residences in air where this has proved successful and people have successfully maintained them and it's non isue air off the top of my head I don't know I haven't seen any projects you know that since I've been here that I've done but I've seen it in in plenty of other towns that that it does work what um and one of my comments in there was that as part of the decision what happens is there's a storm water reference that gets the storm water decision gets recorded as well and there's a ref to the onm plan in there we we'd like the deed to reference the OM andm plan as a as a as its own document as well we had that was one of the comments that I placed in there saw and that's kind of one of the ways that we uh that I've seen it done in in other towns is they reference it within the deed so that everyone knows that there is one on file and it's also part of the packages as the homeowner buys the house so just to to add to that it's it's not the most common thing you see because even under the Wetland protection act and most storm water management you know fewer than four residential homes it's not even required so it it's kind of you know well beyond what would typically be required just because of what we're talking about with the bylaw um so but you know rooftop runoff certainly would be and and that that maintenance usually gets carried through in some cases like in the deed is is certainly probably the best way to do that um just because typically people notice that read through the document that we prepared and and all that so thank I'm a little I was concerned with the grade between one and two it's tipping from lot one into into lot two and you're creating some kind of sale there before you get to the residence so it goes around the building doesn't you see that grade what's it like 4T 3 4T 5T yeah 241 to 238 yes so that seems a little like that runoff is going to want to go into lot two from lot one absolutely yeah that that'll be a that'll be a drainage throughway um so when they model and analyze each storm event what they'll do is at the property boundary or at the wet you know evaluate is is the construction You know despite you know the water moving through that direction is is the rate of runoff of the volume going to be greater than what the pre-existing is and in that area you know we were able to have less than or or meet that standard so there wasn't a requirement to add additional drainage there we actually hoped to be honest that simply just adding roof infiltration would be enough to hit the numbers you know so we were a little surprised when you run that 100-year event and we had to provide those two area drains you know which um you know add certainly adds more costs but you know it's a lot more drainage for for you know three houses so that's basically a sale on the lot line of two and three where the area drain is coming off the road but coming off the driveway yeah this right here yeah so that's where the it basically catches anything that's coming off this way it's going to come down here catch in here and go in here okay okay I get it now oh that's not the Overflow that's well it's got to sale it in to get to the drain yeah it's going to sale in this way and then it's going to go into the underground interesting um the you indicated in the application that that it install gas to the houses is that right there is natural gas there there's natural gas available yep do you know if he's going to do it by any chance I I I believe so in the past he hasn't done it so I was curious about cuz I love I think natural gas is the alternative but that's my own person so um all right that's what I got for now thanks thank you Ken Nathan you um I'm going to go go back what Ken mentioned on lot one the driveway pitching into the road mhm um and that that would I think the discussion was that that would be caught in the sale between Lot 2 and three but once that's curbed and finished exactly that will all will that all continue to the Basin yes and the Basin is sufficient and that was my question to Matt when they sized that Basin cuz I said you know that's going to be a long run cuz they wanted to Super Elevate that road and I just said are you you know can that Basin accommodate everything that's going to run down that gutter because few hundred fet you know and he said that's that's how he laid it out and designed it so um it's it's actually I believe it's visible right now can actually see it is yeah and it's quite it's quite big okay have we had do we have comments yet from DPW on this or is there's two there's two rounds of of there was a storm it was when it was uh the reason there's two respon or comments was when they made the initial submission it was just going to be storm water management permit which they gave us and that is dated February 28th and then later on was revised to figure out that they had to come in for S plan review because of the 10,000 so their second letter is March 14th I believe Yeah Yeah March 14th there's two sets of comments okay on this y but this is apparently still a work in progress yes not really the road layout well the road layout at least yeah you know the addressing the comments portion and getting the updated plans with for the road layout and stuff and figuring that out potentially how much impervious has to be put down to make that turn from third to Marshall could would that affect storm water yeah yes yeah so but it won't affect his storm no so that's so yeah ours is separate so I'm obviously relying on the DPW and that's why I'm ask the questions you are to make sure that as we add curbing which you know before we were assuming that some of that water was going to get picked up and go into aring system so if they want to add a sidewalk and curb that then it needs to be accommodated for in in that system okay I just want to P up one Ken's questions there on the pitch now between lot one and two this one right here yeah I think it sound like your concern Ken was infiltration into the Lot 2 house correct is is that a concern conern uh based on the way that that I I I don't have a concern I mean um we'll have positive pitch between you know there's definitely a Swale identified there but the the ground surface will obviously be higher along the foundation even even if it's a a foot or so I mean based on the volume of water coming through there I'm not worried about it yeah okay so the 237 line will will probably swing up to the corner of the house it's yeah they kind of wrap around the problem is it's a lot going on on the plant so we're labeling that M hdp pipe that's part of the uh roof collection yep um but essentially so it kind of ties into the house right there these are the two uh contour lines you can see it tie into here yeah yeah right so it'll be a shallow swail that that kind of just runs along there okay I think in reality they're going to work that out in the field that's B exactly that's what's going to happen going to build it in the field to make that work when it gets to the micro grading when it comes to that kind of you know topography when you're looking at it in the field you're really going to be doing that yeah it's not going to be the plan can only go so right so close it's when they get to the using the the elevations going down with with the topography they'll figure it exactly exactly um with the machine maybe this will cue up Jonathan's concerns which is uh could you tell me where the you talked about replacement for the flood plane where is that replacement occurring so that's that's right over there yeah so it's kind of hard to tell just looking at the plan but essentially there's there's a mound you know a slight rise in the topography there so what we're doing is is we're we're lowering that down to what the adjacent elevation is where the sewer runs through it's almost like a a driveway that's through there now mhm so um essentially just lowering a portion of that that little rise or hump in the topography Y and then we kind of tried to leave a high a high point between the flood storage and the Wetland just so that there wasn't any sheet flow that was going directly towards the wetlands yeah it's um it's microG graded in decimals there yeah yeah okay so as I understand then for the next meeting to be resolved is a some clarification on the extension of the street M and the other one I believe is about the calculations just to ensure I believe that Matt perhaps would like to our town engineer to go over the calculations for the storm basically the flood water replacement and compensatory replace them and to confirm those I understand that's still open right sure I yeah I think he just wanted to see them we actually had the table on the notice of intent plan um so what I did was I just I took those calculations from the notice of intent and the revised plan that you'll get will have that table on there we actually as I said we kind of broke it out by elevation you know what the what the filled volume was what the compensated and what the net result is Julie did you have any questions Kathleen um I did have a quick question on the the St dorm water maintenance plan so in there it says something about um the first 6 months the system comes online there's like a a pretty heavy maintenance schedule or inspection schedule um and I read somewhere that the first part was that the general contractor will perform inspection and then it became unclear to me if the homeowner performs the inspection themselves and like uses these forms to then catalog this or are they calling somebody to do that inspection do you have details on that yeah I mean and again this is where we're kind of balancing that you know this is a lot of infrastructure for a single family home yeah so in the report there there was some language that covered obviously during construction which is typically when you might get sediment and stuff coming into that system so essentially what you want to make sure is until the site stabilized you know if in the event that any sediment or anything did get into that that that that would get flushed and cleaned out um and then there is a schedule in there so once the homes are sold you know at that point there's vegitation established there is ongoing maintenance that yes the homeowner will be responsible for performing those inspections I would imagine you know they they would probably hire somebody I mean not that it's that difficult but you know just popping the covers and you know making sure that you know there's not Leaf litter and debris on top of those those catch basins you know looking looking in the sump there to see if if you know there's accumulated sediment so it's not exactly difficult stuff but somebody's just got to got it and so theoretically if the home is sold then then the homeowner is responsible in that first six well I it's unclear I guess where the 6 months because presumably the the the storm water facility came online before the house is being sold but at some point they are then responsible for these monthly post rainfall getting it all inspected yeah I don't have front I think that the six month really I the The Guidance with is is if you are going to get sediment or deposit into the system it's going to be in those initial six months so I think kind of there's more routine inspections that get done more controls that might be in place um you know once it's grass vegetated you know then there's really it becomes much more periodic and and I think they specify in the report that these are ongoing so basically part of the life of the the system but just keeping an eye on that yeah typically the reason why you see it it that you know that first 6 months it's so stringent on checking it is because typically what you see as subsurface infiltration for bigger developments so you have bigger areas that are have been Disturbed so it it takes much much more you know much more time for those larger areas to actually get fully grown in and cuz you know usually it's done in phases so there's certain areas that are grown in some aren't and that's usually where you see it this is one of those weird like inet things where it's like typically you wouldn't see this size of a underground infiltration usually you'd see like you know some some some like little uh subsurface you know ground uh the roof drain going straight into the ground with some crushed stone and that's usually what you'll see but with these since the storm water was triggered it's it's kind of a little bit of an extra step that they had to do so the the maintenance portion of it is not going to be it's not really difficult like he said it's just going to be most likely the subsurface will already have been installed and it's been time and most of that will have already been grown in by the time it's been sold okay go ahead more questions yeah I was going to I'm going to open if you have some more and and then I'd like to open to the public yeah I just want to ask Danny um so in this particular application it didn't seem to generate what is it 9.6 the tree clearing section of the bylaw um like no this this no this was the right it's the um the land clearing it it did trigger yeah it trigger yeah that's why they're here no I thought they were here because of the 10,000 ft site plan requirement which is part of the T the land clearing check it 9 it's 9.6 yeah so there so land clearing and Grading it's if they do anything so grading of more than 10,000 ft of land or an increments in such total area of an abing property within the control of any person graded in a 12mon uh period will exceed 10,000 no person shall commence grading or clearing as defined here in without first obtaining site plan approval by the planning board under this section so when we that's what I'm getting at so when we this is Insight plan for basically two pieces that piece plus the 10,000 that's indicated in the site plan requirement so do we have they're both the same thing okay so we do not have to issue a finding under 96 that's what I'm getting or do we have to find uh for instance we do we need the the calculation here is e easily over than the amount um so I was going to ask you that did you include the work in Third Street when you included the amount of disturbance you said the total land disturbance for construction of the three dwellings is 34 235 or 79 but did you include the land claring and disturbance to build Third Street as well no so our filing is really just for the three lots in in the fact of a previous filing that's when the town said hey if if you're going to be improving these Lots we would we would like to work with you to fix and realign Third Street yeah so it's it's it's kind of separate but it's it's also included in this project regardless I mean obviously we we trigger it so if you did add that we'd still trigger it and just in terms of what you're saying like the the two different Vias I I honestly think you might need to vote on both and this is more your opinion the only reason why I say that is because we initially thought we were not susceptible to the S plan review because you know it says 10,000 squ ft except and your exception is single family home so like oh we're exempt and when they grabbed that parallel bylaw that's when I said no you you you do need to file so that's yeah so the the the way the uh the Building Commissioner um as he is the zoning enforcement officer he determined that because our bylaw the way our bylaw works it's the more strict more stringent bylaw you know takes it over so because they triggered this 10,000 ft they have to do site plan review so yes so the approval for site plan review is under 9.6 and 3 five but five 3.5 references this section yeah okay I'm good with that I'm sure everyone else is it just seemed to me that that the amount of clearing would be potentially more than what you're showing on the cuz when you build the compensatory flood storage plus the houses plus the subsurface systems plus the street it's I don't know I mean it it it may be more if he includes the street but the street remember that's not going to change anything within the actual application the the the street is from the town's portion so should we have the town sub application for the Treet clearing on the street no because it wouldn't trigger the 10,000 it's a uh it's I understand what you're trying to say I get it but it's there's not 10,000 sare ft that they're clearing in the road the trees if if our goal is to protect trees yeah then any part of the process of this construction process whether it be Town PT or the applicant spot on the land should be considered when we go to let's say a site visit and look at what's Disturbed and how it's changed because at the end of the day I think that's what's going to have an effect on what people see they're going to blame him or blame the applicant for the work on the street so in my opinion this is only my opinion yeah so I I think we have to take a holistic I'm trying to take a holistic view of the whole job and say yes and I understand what you're saying it's I think if you want him to revise the numbers he I mean he can show that within no I don't I'm not asking him to do I'm asking I guess engineering to do it to say what you know what's what's the effect of them building a street I'm trying to go back to the fact that there was a potential here for another type of construction and maybe this lot would not have required a street to be built all the way down to the end of Marshall Street but now that's that I think we have to take a look at what is the impact of building that street up that's all I'm saying you guys can disagree whatever you want but and I mean I want to be thoughtful in the whole process I feel like and I think his application does account for everything that's being done in the road it does I believe he has the storm water accounts for it and the yes his the number on the grading square footage doesn't account isn't accounted for in the application but everything else is uh is is accounted for I think we need to get a a letter from Matt not an oral presentation that says yes we've considered how much drainage is going down the street that's going in we're Hing it but we want to see it I want to see so I'll have I can have Matt provide that end come to the next meeting I want to make sure we we see what the effect of the street is okay and that the clearing and Grading on the street is I think we should label every tree that's being taken down out there oh and that was you said that that is one of my comments as well so we need to agree that the yeah so I'll have I'll have Matt provide a letter for you uh for the board yeah I mean for the board and I'll have him come to the next meeting and he can go through it with the board okay thanks Nathan uh on that just briefly not for this application but if the town is clearing property that according to 96 AB buts um property within that is going to be graded within 12 months such that increments exceed 10,000 then that then that property owner should they also um make a uh come before the board what I'm saying so the DPW is should the DP because they're they're going to be developing property I'm assuming within 12 months of this applicant that will have property according to 96 in increment such that the total land area of a budding property it's yeah but there's a there's a key word it talks about ownership supposed to be ownership it talks about the ownership it it it spe specifies that same ownership so somebody can't go in and build this house yeah and come back later build the next house come back later build the next house and get get uh away with the whole thing yeah that's kind of how that was written it's so that someone doesn't you know build one in four months build one in four months and then another 4 months it's so that you you know they're all going to be contiguous they're all going to be developed by the same person you're going to be triggered it's so you're not going to have it where one person owns this another person owns this one person's clearing this much one person you can't that's not how that you can't force them so at the end of the day I I I think I I agree with Ken that the DPW should give us something writing I'd also like to hear a presentation um of when of of their intent to finish this this road and when they expect that to happen if local appication so you want you want a clarification on the effect of the storm water from expanding from creating this road of expanding Third Street didn't didn't Matt already include those calculations when he designed that new Basin we we just heard that but we haven't seen it have we seen it in writing or did we just heard it uh no I I've seen it because that was part of our land use meeting so when we met we had already talked about that but I I can have them provided as as a letter it's not a big deal yeah okay I mean we we have to come we have another meeting so it's not like we're holding anything off M Mr chair my my concern isn't um the storm water per se but the town's intent and and frankly can the town afford to finish Third Street oh would can you say that again if the town can afford to pay finish Third Street is that that's not part of the yeah I don't think I mean just is it not not for this applicant but is it is it part there the town is going to be required to finish Third Street so the let's let's the the town DPW is working with the applicant to have them extend Third Street to for Access for the three lots then that's that's all they're responsible for the town from there at that point the town is going to be dealing with this I believe themselves I cuz this is this can't be part of this application it's notar no no no it's notar this is not first let me go backwards the town is repaving Third Street because you know they did a ton of drainage in water so there there's already been work done not in front of these homes but down third stre correct so that is a that's a continuation of that project to put the new Paving in yep then we basically saw I think I'm pretty sure I read that they said there was a line on the plan want me to read it the quote DPW says we're going here they're going to they're going to be stopping right here it said a line on the plan which I thought was fascinating cuz I I said where's the line there is right here so this is the existing this is that line that they're going to okay so there you go so that that is very helpful right here because if you see right here this is the edge of pavement right here it doesn't this is where you didn't you didn't this didn't click I guess Randon cuz you thought they were going to PVE down in front of the units in front of the new homes some yeah says DPW plans a Paving project the town will stop Paving work at the line shown on the proposed 333 Street site plan I said to myself what line so that's the line that line line okay so there'll be a s cut right there the town ends there work as far as we that's that's why the comment from from the DPW and myself was to line up the timing on when they were going to be doing right entering into the street for utilities because we don't want to have to already done it but that's okay well yeah that's I don't know exactly if they've done those or not that's why I was so who's on the hook for the remainder of Third Street we believe the applicant is the applicant Brandon what the understanding was between that's what I remember I just want to take I'm going to roll back the time machine to 20 minutes ago when I asked remaining issues and I said one of them was calculations for the water compensation but the other is the disposition of the road that's what I'm getting at so that remains a question mark and as part of the question mark who's on the hook for the remainder from East Street to to Marshall Street who's responsible for constructing that road and based on our site visit that we met with out on site with Charlie the um Police Department DPW and fire when we met out there with the general contractor General but Dan AO it wasn't Dan AO it was someone else from his company all the the discussion was that they would be responsible for extending that because it's access for their project but they wanted it that was a discussion that was that was the last and that's why they were triggered into the storm water and to discussions with DPW as to bringing that road to standards that the DPW wanted yeah I just wasn't at the meeting yeah he wasn't no he wasn't there that's why my only put the drawing put the drawing together great deal obviously was not we're talking 100 Grand we're talking a lot of money you know could be 150,000 like that I mean it's a lot okay so I can I can I can raise this to to Dan and to Charlie and make sure that they reach out to Mr AO about this because that's that is something that's outside of the planning Wars perview okay if you would expand this again please so I get it there's a line here yes all right but I'm concerned about two portions now there the portion of Third Street yep that goes in front of the properties but what about from the property to Mish beyond that is the town's responsibility applicant is not responsible for that and including the Turning rate all the issues we just talked about cannot be held responsible for that because I just want the clarity I don't not yeah yeah that is not the an responsibility as one it has nothing to do with the application as that is before us okay the only thing that we've discussed about on Marshall Street was when they were going to put in the road and curbing making sure that that when it goes into there it would keep going into the rain Garden so it's been very generous of the appli it's not what it reads okay I okay maybe it doesn't read that way but I'm propos Drive roadway the propos roadway not driveway roadway shall be extended further south to properly tie into the existing roadway at Marshall street3 Street intersection that's way the hell down there another 150 ft that's right so it's just the word the whole wording is I'll have to talk to Matt and you know it says proposed Road sh the word sh usually means we haven't negotiated about it just means it has to be done shall be extended further so so there's a lot of questions here the side the size of the what I read today comments have we got yeah there's two DPW comments that's why's which March 14 which and you were just referring to item number five under the general comments referring to number three number three right right so I that I'll talk to see see the pro I I can see where the problem is because this was written in passive language as if the roadway will built itself there was missing his agency who is building the road it's missing that that's cuz I had the same confusion reading like the pro Pros roadway shell well the roadway is going to do it itself let's get that clear I will talk to um uh Matt Dan and Charlie and and we'll have to reach out to Mr AO and and directly speak to him about those okay my understanding is that both the appli the DPW are working what who's who's yes yeah that's my understanding is that they've already worked it out I all of provide that information yes I'll provide it to we need that clar now what I'd like to do uh before we go oh no no you're right we'll provide we'll let her speak after I I'd like to invite anyone in the public who'd like to make comments first I'm going to address the room and then I'm going to turn to the zoom uh participants anyone in the room have any questions or comments and would like to come forward to the table okay uh I I believe did I did did I see a hand yes sir just give you come on up pull up a chair name name and uh address Etc hi my name is Tory Stevens hi my name is spelled wrong on the plot line it says Stevens with a V and it's actually pH so I have to handle that with the address I'm sorry got to go to the reg yeah we don't we we're not respond it's okay um so I live at 10 East Street the corner lot that is going to be affected by this um obviously like I understand y'all brought the property that's great I see that there's been a lot of due diligence and really interesting discussion and care for the trees which is something I also care for not because I'm like a tree hugger but because of the heat index that I know comes with the r reducing so many trees there's already been a lot of trees reduced in the area um and I think you know it's just going to be a little bit warmer in that area so I hope that if the town could work with you all and if there's any um old trees there that won't affect like what's going on on the lot that they could be saved so if there's just some sort of you know look to this and really good look and not just like a careless kind of we're just aing these because we need to get you know I I'm not saying that you would be but I'm just I just if there's some care there that would be really nice um and then I had questions around the expansion of the street because the property line in that street is pretty close and I'm just wondering if there is actually enough room is the goal here to be able to fit two cars in passing on the street so the way uh just so this area is actually 25 ft wide Third Street Third Street the actual the actual uh deed layout for the right of way is 20 25 ft wide okay um so but as it is now as you I mean I know you know that area so it's not really TW it's how wide is it right now just oh it's driveway maybe 12 yeah May 12T right now driveway so that's kind of how it it's functioning is a is is a driveway okay the the the idea is to shift it so this is that existing line and it kind of it's yeah it's on his property quite quite a way it's going to be shifted down here and so the roadway should be will be within the right of way so it'll fit within the 25t right of way all right and then where would the sidewalks be going question so this is this is something that we that was brought up would be it would have to be on the south side cuz there is a sidewalk that's existing on this side so just to continue it this way okay so the shift will be away from our house yeah it's going to be shifting away from your house not towards your house everything's going to be coming further away cuz right now that travel way is actually on your your property okay yeah it's a it's a it's a good distance on your property okay you're getting your I mean that was one of my concerns and then um the the other one was just that I know that there's already been a lot of trees taken down and so just the world's getting warmer and it' be nice to have like some shade and trees yeah we did request that the applicant um you know before they they do anything with Third Street is lay out the roadway and also put ribbon on the trees that would be removed so that when we were out when we're out there we can actually see what's what's going to be taken down right do it yes yes yeah and I just like if there's any trees I know the modern way of you know kind of putting in a new home is to kind of get rid of the trees because most home a lot of homeowners I'm not one of those homeowners that you don't want to deal with the leaves you don't want to deal with maybe the insurance problem of a you know um branch falling on your home or whatever but like some owners do like some trees so maybe consider like leaving some on the property so that the owner can then decide if they want to get rid of some trees they're just making an appeal to you but I know that you own the property so it's your choice or you work for I don't know if you own the property bu so I don't know if you could pass that message along that's like you know if they could keep some trees on the property I think maybe there's a family out there that would like that you know some shade cover and not the kind of clearcut style and I think that would fit better with how the neighborhood already is yeah yeah I don't want to make any promise certainly I the challenge is that right away is so narrow the improvements that we're being directed to squeeze into that is already kind of Beyond capacity but I know from the applicant I mean they would probably rather see trees along the front just because they are so close to that road it would be nice to have a little bit of a buffer you know if if they can or you know right so again just like if you could pass along to them like very happy they're going to develop the property understand that they own the property and that is our only appeal that we would make to the the owners all right thank you s appreciate it thank you Pauline did you have your hand up before uh I think it was Sarah Sarah did you have your hand up oh was it paen no yes uh Jonathan thank you I did have my hand up but it really is no matter anymore I was just going to ask you all to please not talk over one another cuz it's very hard to even hear one person when three people are talking but since you recognize me um I'd like to ask Danny Ruiz are there documents attached to this meeting I I looked today and I saw nothing uh related to this meeting and maybe they were filed earlier so could you please at least let us know where those are yeah so um Pauline it's uh like I've told you uh to Prior meetings there is a page on our website on the planning board website and actually I can just walk you through it right now um so on our current projects applications you can see all the plan information is right here and if you go to meeting materials we have it for each meeting anything that's outside of the plans is going to be put right here and I look today I appreciate that but I didn't see anything specific to this meeting so I wonder if there's a way to make that a little more user friendly I can find what I'm looking for but everybody else can't is all I'm suggesting well I mean if if it's we on our agenda we specifically called out the project 333 Street and the plans are under current projects um I I I don't know uh what else you'd like me to do thank you well fair enough as long they've not been altered or updated I think that's fair yeah nothing nothing updated has been submitted okay thank you so much thank you Paulie um Sarah Sarah do you have a did you have a question or comment you're muted Sarah Sarah the second one down on ohter I'm sorry okay just one question Sarah with the 11 on CH Road oh that's my mayor sorry I don't want to be on um so I was just curious did you did you say whether the road was going to be two way or just one way it'll be two-way be two-way thank you all right thank you um I think that since we're here we're oh I'm sorry I apologize I didn't see you come on up please okay I wasn't um here for the first meeting I guess i' had um C legs hips whatever this is the first meeting we're opening wasn't there one in the fall oh no in the fall that was conservation cons oh there was a meeting in conservation not in the fall oh the zba did have there was an application before the zba for two special F uh two special permits for duplexes yes that was so that was through the zoning board those were denied okay okay and if you could state your name and address please um Mary Anne bowler and it's 213 street thank you welcome Miss Bower um I I'm not you know an engineer or anything when you say swes is it um just little gullies is there a culvert um you know where the water is going to be you know directed um what is that so yeah a Swale is is kind of a a low area or depression where the Contour you know directs that surface run off okay and and so that will be on the person's property and then it takes it down to the rectangular things yeah so it'll it'll it'll take the drainage off the road it'll come down into this Swale so the way it's kind of designed is to create so what if they to put something on that Swale they're not going to be able to do that no okay and it's not a calt so that no little kid could get caught no there's just a small little area drain okay and then the um water receptacles or whatever they are um what if they don't maintain it if they don't maintain it um so there can be some issues some backup from that but based on the app so because they're going to be uh there's going to be a decision there is going to be some storm water um they're going to have to submit um the uh inspection reports um to the town and that'll be required by them okay cuz I have um at 21 the town the water department sewer department has to go down and clear out the SE system there sewer line sewer line right um where is their sewer line going to be is that going to be the one that meets up um so their sewer line right now it's tying so it's right here it's proposed so it's going to tie into um this sewer line down here okay okay so it's not going to be down house is going to go into the other the third lot is going to be in the back yeah it's going to be tied into here into to the one that's running behind the property okay and that's not tied to where mine is the only reason I'm asking is because so I don't know where yours is yours is further up this way yep yeah so the way it uh I don't know I'm assuming the pitch pitch is this way E Street beyond that yeah so I don't you don't know I don't know what the what the pitch of the sewer is it doesn't show me on the if where if it's going down this way or if it's going up East Street do you know I believe it's going that way is it it's going down Third Street yes so M yeah okay because there was another development is it Shelly lane or something like that and they had three or four houses and they kept throwing Pampers and everything down and these guys would come down all through my yard with their big machinery ruining the lawn and I'm like okay is this going to happen with this bunch of people and then the other consideration I'm been thinking of is you know plus the fact that the swes were not not going to be underground they're going to be above ground and the fact that the people aren't going to maintain it what about all the vegetation coming off of Grove pond so they're not they're not touching so there's this is all buffer uh Wetland buffer so they're not doing any work within that I believe right I don't think you're proposing anything tin the only one that there is proposed is is on this project on this large okay so they're not there's no clearing in that area all right it's just that there's a lot of vegetation and will it get into those water receptacles or whatever they are that's good uh that's I mean it could it would have to this whole thing would really have to overgrow quite a long way to reach up to up to the front of the lot it's talking about really conservation Pond face of the lot yeah yeah so not the front and I understand that so the the sewer portion is at the front of the I mean the water portion is up at the front of the site yeah but the sewers yeah so are oh the sewer is underground are you talking I'm I'm confused are you talking about sewer or storm water I'm not talking about storm water I'm talking about the sewer oh DPW are yeah so I believe the DPW is going to maintain it cuz it's the it's the dpw's easement so it is what yeah they do they're the ones that come down yeah so the DPW maintains that I um that's actually good to point out um part of this right now there is not an easement across any of these lots for that sewer so one of the comments and and one thing that the applicant is also going to do is provide an easement so that the town can continue to maintain that sewer yeah instead of driving down there well so I I don't know where your lot is down here but are you do they go along the back of your property it does yeah yes so I mean it's it's I don't this won't affect your lot that I know of I mean the overgrown W if anything overgrows over here it won't affect you a lot yeah there's just there's just a lot of you know marshy iy yep yeah and I don't know I mean it just the more rain we have the worse it's probably going to get yeah and so I just was wondering if there's going to be like this huge backup of junk you know coming around I don't know um I no see again I'm not an engineer no I know I know no I I mean uh so what'll happen is if this is within the Wetland buffer so we're not really allowed to you're not allowed to touch anything in that area right but the DPW if there is an easan in there I I mean Heather may be able to talk to this a little bit more they have the ability to maintain yeah any sort of Maintenance to existing uh util these is exempt from the uh we protection act so anything within that easement anything within sewer line storm water water lines roadways any utilities allowed to be maintained and cleared out and reinstalled within those rideways without going through conservation approval they still do per our B bylaw um but it's usually very minor um and we do have a 50t no disturb Zone which is what that first line is from the pond look at the plant the smaller dash line that's the limit of clearing they're not clearing anything beyond that so they're way outside the 50 outside the 100t so there's no vegetation that's going to be touched except for the maintain that sewer line easement that's going to run through the side okay yeah so thank you very much you're welcome um I'd like to do use waivers okay yeah so we have uh the applicant has requested through waivers and I think that I'd like to take the opportunity tonight to go through each one and uh anyway so what we need to do is a finding and and a decision of approval or not yes um there there are three to wave the detailed landscape plan the vehicular traffic and circulation study and a photometric plan and uh I I'm assuming everyone's read or I'm talking to the board read the the town planner's um report I happen to I do agree with the town planner that these uh Merit waving but let's go through each one talk about what it is and why it's not can be waved without detriment to the town so detailed landscape plan so the project does not involve the construction of detached parking areas that would typically require landscape planting to provide screening from abuts uh Pro abing properties each single family private driveway um Family private driveway provides access to garages attached to the residents homeowners will provide ornamental Landscaping to enhance the over uh Aesthetics as needed yeah and and you know if always constructing a finding I would say that a detailed landscape plan is typical in the typical site plan review but given the small scope of this and and then and the the simple single family residence design it doesn't seem applicable here so I think that the waiver makes sense to me um I open it to discussion sense yeah can I have a motion to uh to approve the waiver the applicants request for waiver on the landscape detailed landscape plan give it a shot go for it um make a motion that we uh approve the waiver for a detailed landscape plan for 333r Street uh map 34 paral 136 well done second seconded wonderful any further discussion yes yes sir do we need to itemize the exact spot that these waivers are being granted from section within our s plan review yes yes so I we can actually I'll do that right now let's do that and we'll have a friendly Amendment to the uh to the motion that includes the appropriate section yes I'll give you each of the each of the sections okay all right here we go so we are um make sure this is yes okay yep all right so it is section 4 of the site plan rules and regulations Section 4 C landscaping open space drainage and storm water environment features um the section is a is 14 and landcape plan and description of ons sits which meets requirements of sections 9.16 and 9.2 of the air zoning bylaw okay so if we could put that into a sentence uh a friendly amendment that uh make just referencing the detailed Landscaping plan as per section 4C item item 14 item 14 I agree acceptable seconded excellent wonderful any further discussion would be helpful for me to have that hearing none Ken how do you vote Yes yes Julie Nath chair says I unanimous so that we wave that the next one is a request of the waiver for the the traffic report fundamentally um and again this is similar to this is such a low impact project that's how we would find it uh that really it's it's Overkill and unnecessary did you have anything to add to that reflection no all right any uh discussion before we go into a motion um yes sir just this is a concern um not necessarily not necessarily um here but I do want to be consistent in town uh that um we do have some problems with small narrow streets and so I'm I'm I want to uh give due caution to waving this um because uh that can be that can be a problem I appreciate that there's uh dual ESS uh presumably we'll find out if there's going to be dual ESS to Marshall Street um but the uh I'm curious if once Third Street is almost a straight shot will cars prefer that over East Street to get to Route two um I just just to clarify a traffic study wouldn't tell you that yeah and and that's that's this is what that's yeah I don't want to burden this with the traffic St just just want to least the proposed Road I think is wider than the driveway like structure that exists today oh yes but the driveway structure is rough and nobody is going to use that for the commute um so I yeah good point I'm just I'm going to just take a pause and consider it okay any other fur further Reflections do we have a motion I'll make a motion oh great and just so you know the section is he's going to give you the section so from site plan it's uh section four of our site plan review site plan review regulations uh section 4E the whole thing is what we're okay okay I move that we um wave the vehicular and is that what it's called vehicular and traffic traffic and circulation um uh requirement uh per section 4E of a site plan regulations uh for 30 for the um project at 333rd street map 34 parcel 136 thank you sir do I have a second I'll second it any further discussion Ken how do you vote yes Julie yes Nathan I chair votes I so we approve that waiver and the third waiver is for the photometric plan for the outdoor lighting and again I think the same thinking is similar it's it's basically three single families with just the necessary safety lighting for the garages or Etc uh what's the section for this sir and this one is under our site plan um review rules and regulations Section 4 G2 G2 okay I'd like to make a motion that we wave the photo photometric plan for outdoor lighting per uh site plan regulation 4. G2 for 30 for third street um project uh map 34 parcel 136 thank you sir seconded seconded any further discussion hearing none Ken yes Julie yes Nathan I Jonathan says I it's unanimous thank you I think we um is this just a typo where it says four waivers here's not another one right you are right thank you for cing that that is let me just yeah I want to see why that was even I mean I just may have carried that over from a different part but I don't even think so know if I missed one so do we need a a motion for continuing just looking just one second I just want to make sure I have all the we were yeah no it's just three it is just the three just the three okay I just want to make sure I'm like that visit yes are we should discuss that yes we we should uh but are we able to let the gentleman go home I think we should do it while we have uh I think we can do the table so cuz they'll you the board's going to want to see the the um right of way staked okay and they're going to want to see the trees that are going to be taken down so there at least some sort of ribbon or marking around them sure and I think traditionally we've been looking at Thursday mornings at 8 is because that works best for everyone's schedule would that be something doable let let's just make sure with Kathleen oh I apologize no that's okay uh this Thursday which let's that's what we're going to talk about I think what we would want because I have to post an agenda for our site visits um so we could do the next week but I am getting surgery on Tuesday on next Tuesday so I will be out of the office that week um but you guys are welcome to still do it okay can we wait a week or is it like that bad for they would be back on the 23rd is the we want to come before yeah we want them to we want to be able to have you guys see it before okay I've been on site I've I've seen it so I know are we comfortable with Danny not being there or would we like I mean mon Monday Tuesday Morning start Monday is Patriots Day just so you know no no no I'm sorry I'm talking about the 22nd oh the 22nd on is that enough time for yeah that I I could do the 22 expertise but if we have to go we have to go so are we do we have a proposal for Monday morning is that the idea or or what conf Springtown meeting night though are you going to be like dear God pleas don't make me see people day don't worry I would prefer the 18th good what's that Thursday Thursday Thursday it's okay with me I mean we can do without Mr Ruiz if we have to or that I trust Ken yeah so so let's say Thursday the 18th I can go Heather can actually fill fill in for me that would be wonderful thank you hea I appreciate that 18 to 8:00 okay and we'll meet at we from I'll have um I'll have Sam post an agenda for it can you send us a reminder email so that we all remember to put it on our calendar assuming the applicant and assuming you guys that that's okay with you yep okay so um can we clarify that we may have to have a me a member of DPW there yeah I I'll reach out to Matt and I'll they have to have Dan AO there himself unless you feel he's going to authorize you to well we say you know we want to hold the road build we can have them there yeah 8: a.m. I don't know yeah oh well they really they get up real early um okay yeah I'll I'll post an agenda and I'll reach out to Matt and um and we need a continuance for the public hearing just one question in the interest of my small project that I haven't actually started officially can I just ask that we are aiming for 8 to 8:30 for this site visit and we'll we'll do our best to keep it to a yes yes yes we will kind and we we all have to remember the rules that we can't share our opinions or deliberate in any manner while we're out in the field and no fun so no fun okay uh I need a a motion to I'll make a motion I make a motion to continue the public hearing for 333d Street to our our next scheduled meeting on April 23rd on April 23rd seconded any discussion hearing none Ken yes Julie yes Nathan hi Jonathan says I so we have a thank you sir appreciate your everything you've done here today thank you sir have a good one okay and we have a number of um updates yes Danny Take the [Music] Lead my agendas right here all right so project status updates um Miss soya Foods they were intending on being at this meeting uh something came up uh so they're going to make their submission I'm thinking soon probably I don't know if they'll make it for the 23rd but they'll make it at least for the the meeting in May which is the 28th cuz we don't have a a meeting on Election okay um 42 Park Street and um so 42 Park Street they have started construction the house was torn down completely um Charlie made an inspection of the house and deemed that the road I mean the house could not be uh saved because it was completely rotted so none of the house could be saved the only portion of it that was saved was the foundation um that was being retained um you know so that they wouldn't lose the non-conformity um and uh so construction and started and they're they've been moving along they've done everything on site's been pretty well been going going pretty well uh Heather and I have done a couple inspections already so so you saw the foundation that remained yeah y okay I miss saw it then yeah I mean Heather and I both saw it well I mean iove by to and I'm like you said that like really the foundation's still there the cement truck was there today too though yeah BN another Foundation inside those walls or something yeah so they were using they had to remain it uh this was a we had a conversation with Charlie about this the foundation was to retain and they were going to pour around that Foundation I mean the existing Foundation to reinforce it well they they have to put a foundation to build put a building on mhm so okay thank you good yep I just want to clarify that the building was not torn down without a meeting with yes the town planner and the building inspector yes we had our preconstruction meeting was a preconstruction meeting so this was not an the applicant didn't merely pull it down it was no the pre-construction meeting happened on April 1st thank you yeah it was good okay 91 gron Harvard Road yes so 91 gron Harvard Road they have made their submission um for site plan review and storm water management permit um we have a land use meeting Thursday um and comments are due Friday so um they'll be before us on the 23rd um we'll get uh all of our comments over to them as soon as you know we've had our luse meeting and comments have been submitted um and then they can start working on their responses and for um for the 23rd I don't know if they'll have everything ready for the 23rd but they'll be at least doing their initial presentation okay great can you just refresh what the project is that's going there yes so 91 Gren Harvard Road is right next to the transfer station they have um it's the existing old um burnning truck yes that's it's the old trucking company that was there um they are going to be tearing down the old building and building a new uh they're going to do a new building there um two parking lots um and some subsurface infiltration still for the trucking operations yeah so the new use is a concrete Trucking operation okay molding right the forms concrete forms right they do concrete it's concrete at Atlantic concrete Atlantic concrete company they were the ones that came before the planning board a couple years ago for Westford Road they're moving from West over there oh I remember them okay I didn't realize it was the same company okay thank you so there it's a it's the it's a similar use they're just it's going to be there's going to be like trucks cranes you know kind of construction vehicles and stuff like that is that the one we visited like it was like 12° out or something probably remember probably way back I still have the frostbite from that yes I do remember that thank you all right town meeting update yes so um let me just pull the town warrant up there were some some minor modifications that were done to the town warrant on some of the uh items that the board had uh uh uh voted on the four articles that were the vot uh the board voted on were um let me long night where are we so article 25 um is the zoning bylaw Amendment for the updated town uh zoning map so that one there really weren't any um um changes to um article 26 is the zone and bylaw uh zba section that's being updated as well no there were no changes to that um so 27 article 27 is the uh table of use regulations um that there it was updated to article 27 and there were just some minor um uh amendments to it just uh so she said chapter 320 zoning Article 5 use regulations sections 32025 .52 table of use a attachment by one ATT and then deleting the striketh through text and inserting the underlined bold text as follows so that was the amendment can we comment on this as we go along and do you want to wait till the time go ahead you can no we can go by your article okay so deleting the striketh through text and inserting underlined bold text yep so the only strike through I saw was down there in the in the columns where we made changes to the uh requirements in A1 and A2 there was no strike through there correct and that's the way she wanted it yeah the Town Council yep Town Council reviewed these and she sent them back to me to for a review well I mean if you were deleting the a striketh through text and inserting the endline are you assuming that there was nothing in those boxes because you simply inserted the underline text I I understand the question that you're stating um but so I it could have been more a bit more I guess WR I guess the question too is if you're preparing a presentation could you you arm yourself with a copy and that's what the presentation I have both that are going to be shown it's side by side you'll see both of them what was existing and what's being proposed you feel comfortable that'll cover this yes okay I this I didn't see an issue on here but I mean Ken if I I I I'm open to other perspectives that's why I'm I'm going through this now with you guys to make sure when I read it I said it was confusing if that's all that I saw but if Danny is sufficient putting up something else descriptive then that's going to be key as long as there's a side by side there so it's clarified what it was before what we want now and and also key text is or take any action therein or in relation there too that's in every article and I know it's in every article but we do that on purpose so that we're not pigeon ho hold to exactly what was what's shown and it's it's so that there is some some flexibility in what is is what the amendment actually is but to clarify that does not mean that in town meeting the public can decide oh yeah they can motion it I think what she no what she's going to say is if she wants to change yeah no you mean the other ones that we didn't discuss so like they can't go into to we wherever your cursor is but but in theory they could go into an underline one and say we don't like spb let's make it an end yeah so it is it yes they can't go into the ones that we haven't advertised and held a hearing on correct got it which we did for those that particular group but I had them in red before but because the warrant there was like articles that they said they they couldn't put them in Red so I had to there was a different way we had I just thought you could expand that table and put the one right above it and and in in and put a line through it yeah um make the table bigger put the line through it we in the same box I mean that's what I thought but I guess this went through Town Council Town Council is the one who made that final so let them figure it out Danny does your copy also have the these things defined because I noticed the warrant doesn't Define them so if somebody isn't familiar meaning like this these sections no like specifically spb spz oh yes I I that is a great point I will add that so um at the end of the table of use regulations there is an explanation what SPV is what spz is but I can I'll the warrant doesn't have no it doesn't yeah so I can actually clarify that that's that's because it's it's not something that I think we anyone accounted for I did not over I did not think about that I assumed in in in our world that we typically deal with it it's it's knowledge and you're right corre yeah so I will I will make that reference I think you made a valid point on the question because I could visualize somebody the to Tom meaning asking a question about anything on that table once you put it up on the board yeah like what's spz mean what the you know and it's pretty obvious yeah but any of the special permit ones mhm Who would know so and luckily it's only there's only two of them on this page it's only SPV and spz and that's all and permitted and no yeah well there's right there's one for the select board isn't there there's yeah there's a select board one one somewhere yeah there's a and that's SB yeah so all right thank you is there one more war is this it yes um there's one more which was the uh inclusionary so the the change here was to make this H and the reason for that is because within our inclusionary bylaw H was reserved there was a section that called it reserved for a future um you know insertion and since the this is the new inserted language it's just going to go right into H instead of being a and kicking everything down right 1033 I've got one for this in a second we can tell yeah so do you guys have any questions no we're excited for yours um okay so and I mean that seriously is this um the thing go ahead Nathan didn't we ask for a date to be dated April um 2022 okay that's good so it was my understanding that state law changed in the last few years when a zoning change was made enticed you already went through this yeah so you're talking about inclusionary on whether or not it's 50% versus 2/3 so I raised that question to Robert and he talked to Town Council Town Council apped on this I don't I don't I don't I don't know so I will it was something that understand yes yes it was it was something that I raised that if if it has to do with inclusionary you know multi inclusionary housing affordable housing that it's a 50 it's a majority vote not a 2/3 majority vote but Town Council has determined that it's 2/3 we're just missing a quote Mark I was going to say that oh where after design guidelines for at the end of it design guidelines for unit layouts and interior Dimensions quote yeah you're missing a friendly Amendment the little eyebrows okay after the S it should be another uh I don't know yeah that's it's it should be right here should be there you you can amend that on town meeting floor yeah you can all right on Town floor if you so you you rock Pap you're going to go with the Town Council so we as a planning board Friday shouldn't raise that question I guess that I would raise it we get to this you would would will anybody be left all we need is point of the affordable housing changes was to make it easier I agree and then that and that was something I raised and it actually applies because of the conversation you and I had okay I did raise that so I think that's in there what is it section 5.1 or something yeah section five of the um of yeah it's it it's like when you get towards more towards the bottom of it talks about affordable housing right majority vote is a lot easier than a oh I agree this one should go through anyway but mhm 2/3 but okay all right thank you and then uh I submitted some edits to the minutes that Heather created everyone had a chance to look at those yes do I have a motion to approve the minutes for March 26 2024 so moves do I have a second second do I have any further discussion Ken how do you vote yes Julie yes Nathan I shair votes I for the meeting minutes for March 26 2024 are approved do we have a motion to adjourn move good night y'all thank you very much