##VIDEO ID:tRLpzSJ1010## e Ready's good hi Jonathan like high definition all right ready all right good everybody this is the town of d zoning board of appeals regular meeting public hearing officially call to order at 7:00 on the dot if you can please stand for the Pledge of Allegiance flag United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all all right so the first thing on our agenda before we um go down down into stonate landing we do have to uh reorganize the board which we do every year we did not do it at the last meeting because Greg who was vice chair was not here I didn't think it was fair to uh reorganize without him being here to have a say uh so we will do that tonight obviously we have currently I'm the chair Greg's Vice chair Jonathan Gail is clerk um to go on we would need nominations seconds and then discussion and voting um so for that being said is there anybody here who interested in any nominations for tonight I make a motion to keep it the same I second that do we need to do all three positions individually or can we just if if all three members are all fine staying the same and it's a new one do we need a three do we need three different votes oh I would just in case yeah okay okay so then motion to accept Zachary Karen as chairman of the zoning board of appeals is there a second I second thought any discussion all in favor I I next would be Vice chair motion for Greg Logan to remain as the vice chair of the zoning board of appeals is there a second a second that any discussion all in favor I I and uh clerk motion for Jonathan Gail to stay as the clerk of the zoning board of appeals is there a second a second that any discussion all in favor I I fantastic next is to confirm the next meeting date which is September 24th 2024 Tuesday does that work for everybody I did check it works for me I'm good that works for me I'll be joining by Zoom sure no problem Mr fed off if you if you're for that meeting does that time work for you it' be uh the 24th of September would be our next meeting I'm giv up I understand I I definitely understand that okay so next was go right to review discuss and act LLC Westerly side of Somerset AV map line uh map n status update of phase one um Mr federov is here for the case he did present us some correspondence um um that we all do have in our packets and I will let him come up and obviously we'll take one thing out of you kind of have two different item it agenda items two topics listed out and then five points for discussion so we'll just go through each thing one at a time so if you want to start with your F your first emergency access from Somerset AV Route 138 if you want to start with that first yes I really uh do Mr chairman um good evening everyone um because um we need to resolve that issue um you know I attached to i s in was a letter from the uh police chief going back to March of 2023 right and um in his letter he acknowledges that it the the whole plan was a one-way um emergency access and um describes the issue they have with the big bum coming in and U and he mentioned in this letter that U perhaps we can make it a two-way well that's impossible we don't have enough land to do that and the second thing um if we were to make it in and out I would have a real problem with do because they'll want that radius go forever right it'll go in front of neads and it just wouldn't seem to be workable um so I endorsed the idea of making a one way in and um and I think the only way to control the traffic going back and forth if we could put a um a gate a mechanical gate okay that we can put uh across the AIS just before it reaches the cuac so it's clear from the cuac and um you know Emergency Services there'd be a a typical um fire depic key box so they have to stop take the key out lift it up and they go through okay uh otherwise I I don't know how I control it um and uh and I think we need a decision on that because um if that's left hanging you know what should I do there do I top it do I do this do I put speed bumps back I mean I think we got to get it over with and and and make a decision really to what the board originally approved a oneway access and um I'm more than willing to put up the gate and um and that would just solve the whole thing I I agree it sounds like we have to find the lesser of the evils my my only problem with the mechanical gate for fire department I mean God forbid I know it seems like oh he's getting out and getting a key that's seconds that matters in safety so but I understand like it's the best way to do it because it's a gate no one else but the fire department but I it's that's I don't know that's how I feel about gate I mean I understand why that's it physically stops people from going through but in an Emergen situation those that 30 seconds is going to take the fire department to get out of the truck and back into the truck that's a minute Mr chairman we could also get the gate to be very lightweight that a fir truck could go right through it or I got a question um so you say mechanical gate you you don't think an electrified gate with a keypad on this side of Entry would be the better way you just hit the button and electric gate moves up they can go out they can't ACD it from the other side because there's no keypad problem with electric crate they can freeze in the winter well I do a lot of service with those and the ones that slide yes the ones that pivot up and pivot down the whole gate would go up it's good for us with the ice and snow it works so they're a little costly and you'd have to everybody would have to have a code um to enter in and again the the gate code would be on the driver's side entering into the parking lot three-digit code four digigit code you hit it not be one on the other side so they can't enter through there but that they can drive through there um I mean it's an option and it's expense that you weren't expecting either at that point but I just there is another way of doing it well Mr Logan let me look into it um I did a 16 un apartment building in in tarton it's called the fanway center and I wanted to put a gate electric so okay but the requirements from the fire department which just yeah you know it just made it high it would also have to be able to radius and a point out where they touch um we the ones that I service are 22 to 24 ft wide fire apparatus is 18 so um it is a narrow situation don't get me wrong but in Le of an emergency they pull up they hit the gate CAD boom door opens they go through um and uh but you wouldn't have that on the side coming out so they nobody could exit out that way however could enter in that way have you spoken to the fire department recently excuse me sir have you spoken to the fire department recently I I wanted to talk to you guys first okay and you give me the go and um the fire um the head of the police dep they he recommended a possible G okay I would recommend uh reaching out to them again only because this is a new police chief okay and also this letter was 2023 and I know you know here we are it's over a year with the with this letter and it's the time change the time difference isn't the biggest thing but we do have a new police chief so I think i' be curious and I don't want to disregard what no the our for police chief had to say I'm not saying his his comments would be any different than what the current's police chief is but I just feel like it would be better to get our current police chief's opinion on it I don't know how you feel about that no I think it's good idea I'd like to get both opinions because I think because you know one have that when that access come in and makes the bend to go to the circle it Narrows down to about 12T right it's big yeah it's not crues that I'm worried about getting through getting through is my my concern is for example with police with the fire department it can be an emergency where they they may have a better idea whether they would rather have a code or or a or a key but separately from that with the police department for for example if they're responding to a domestic situation or something they may want to come in unannounced or with their lights off or this or that then they may that may change things depending upon right what happens there so you may want to Circle back with with the both of them in the same room at the same time but in in a case like that Mr Gail they also have access Off Center Street right that's not very I understand that the only way no but they they I understand that but they both may have the same opinion or they may have a separate opinion it would be important for us to know and why so yeah my I know voting per se but my my my suggestion will be reaching out to the current police chief them yeah yep before I go I'll research maybe you could help me bre okay what's on the market when I try to I give you connections I can give you all the connections you need for that cuz I wanted a gate going in and a gate going out to make it in private after I talk to five about me they told they me the horror they don't like those no they don't okay and uh did you have anything else regarding the emergency access yeah I also um we keep it one way in okay um you know the I did go to the DP last year to reopen the uh permit okay and um from the time 2024 to to 20 I mean 2004 to 2024 the rules have changed quite a bit okay and if and I talked to them about if they told me at the time if it was an emergency access we can give you some wavers on the permit so we can make it official okay um but but also um I would like to suggest that the big issue out there is that hump all right and that was put there's a long story behind this I won't get into it but I can just lower it I just lower that manhole and then you know it it's pretty much it's only in the layout maybe a foot and then I can just lower it great it still have it you know the dop doesn't want to want any water running from the side onto the road but it'll be negligible because it'll come up and then the Groot goes down it it go it tilted toward lowering the manhole at the top you wouldn't be touching any of the inverts within the the you wouldn't be touching any of the inverts in the scepter itself you just no no no no it wouldn't affect any of the in just making sure you had the prop no I can just take the top off get a smaller top put it back on and and that whole issue will go by and then I can repave that section and make it smooth and no bumps and it' be much more to use and then I can I'll then follow I follow what permit tell them what I did you know and just to try to make it right and I don't think there'd be a is issue but if we wait for D it'll be a year but I will do the paperwork afterwards but I'd like to get it just taken out here this season okay okay all right um yeah um I did put on my list here to talk about um the homeowner on 938 night who has uses that 939 and I think that's between me and them and I'll work that out with them okay but if we make it a one way in um you know I mean they'll they'll have no way to get out other words they're right now using that access as a driveway to get back and forth in their house so if they get come in come in the front okay right but if they they're not supposed to go back out and they won't you know so I got to I just have to have a sit down and there's a lot of issues around that you know I mean the one thing I could do is just close off their access and tell them to do what they permit say is get a a driveway off of 138 well their act their actual address is 939 that is there we can't just put we can't just put a driveway on a Somerset we can't change the the driveway on that so that's their physical address well unless I mean that would depend on what the building permit looks like that's what I'm saying the permit was issued to 939 Stone Gate Landing not 939 what someone said so the driveway has to go out to where the permit was issued I don't know have you looked at the building permit that was actually issued yes not the address but the yeah so this house was given a a number because this was brought to my attention a while back and I did do look at this it is it is Stone Gate Landing right but have you looked at the design the actual plan not the no the add the uh address interesting to see what the plan was that was submitted for the permit can we get that uh from Jim Carrie and just see what that's all about margarite on that um that piece of property um they only they didn't have enough front Frontage on sset Avenue they required 150 ft to get a building permit and then somehow um a per permit was issued which was based on Frontage on stonate Landing which they had no right to but they still gave him the permit I I mean I don't know when or where but I would start by just taking a look at the permit and the plan that was issued and then you will have an idea of dates and what was applied for and application and and then from there you can research what your options are okay I have a complete file and I can give you everything okay then you can confirm it well you can submit it to the board oh mean to the board yeah yeah okay but I mean then you can get it from the town as well but I think that would be the starting point I don't know that this is really something the zoning board can do other than to flag it for the zoning enforcement officer to potentially take some action right if there's action that's available to be taken if there isn't then that that will need to be addressed with whatever happens here um around the emergency access and that would have to be something you'd have to talk to D about because I I don't it may be an easement I mean there may be some other types of things that would need to an access easement of some sort just looking at if they if we could get an easement for him on that property now we are wide enough for a TW Maine Road his property goes all the way to the culture center yeah that might depending on what ends up happening because then but then we got to rely on the the dot for the curb cut over here would you say the road is 12 12 wide well most of the way it's um 16 16 ft I think it is okay but there's a section where they make the bend you can see it on the plan you know it's just the way they built it it would be perfect to stop it right there yeah we solv all the problems I know POS gate with table that for now yeah we'll table that one y okay all right and the next thing before we get down to your uh numerated list we have drainage yes yeah the drainage um first I I I want to tell you um I'm coming to every meeting in person okay the meeting we had in June with what Samson Watson okay um I when they made that terrific presentation okay I mean they really I mean I was listening to it um you know it's this one for riew okay y well that wasn't available to me before the meeting okay they brought it with them so they gave you all copies here I'm sitting home and I'm trying to figure it out okay and during the conversation where I said I I really need a copy of that okay and I thought they were going to send it okay so that was that meeting then we didn't meet in July and I kind of forgot about it all right it wasn't until um Kev reminded me of meeting and asked if had come just middle of last week I said yeah so I went down and I had all these things in my head and I I spent a day and a half writing a that report was four pages long before and then after I found this I threw it all away except for that I mean so you know I got to come okay I miss too much all right anyway so yeah with the drainage um the uh reports pretty good um and I I agree with all of it and I think they're right on it about we have to clean the basins and I want to talk about the Basin number three which is at the end of uh um uh what's this you know the end of Eagle Terrace yeah Eagle Terrace yeah yeah and uh that was a retention Bas and wasn't designed to hold water um and but over time um and I'm not sure how any of this happened but the uh homeowners um who had a a child that challenged and uh they made a playground out of it okay and I remember I went by a couple times wow that basement works really good there's never any water in it well somewhere along the line someone redirected the water away from the basement and flows directly into the woods okay and it ties back into um the area where Basin one is where all the water off of summit that have know everywhere goes out there now they make a couple recommendations um one is just you know notify the homeowner um take everything out and there was some underground uh they call them uh they mentioned a couple let be F let me get the drainage yeah I think I think what you wrote uh was was drainage outfall uh outfall number three Basin located behind 518 Eagle Terrace loot 29 order the home owners remove playground equipment and reconfigure it to function as its original design or modify it as suggested by Weston and Samson yeah so um it what they're looking for is below that Basin okay so and now um you know the drainage was lowered all through St Gate during this whole process and I give you a little more detail later but now they've got the Basin um i' I'd like to go out your permission to go out there and talk to them and uh there'll be expense connected with it um but there is and uh Samson West Samson gives gives me a road map to what to do back there and I have to get some prices on it but um I'd like to give that a shot and bring it to you guys and if everyone's happy that works and then we just let them keep the Basin um that's the approach i' like to take provided we can make sure uh the drainage works as indicated in in Weston Samson I'd like to look at that first I me it's not so much needing our permission to go out there you would definitely need permission of the home owner uh but it's well the you know the the Sate owns the the base own has an EAS on it so I have your right to go there and take it out but I'd like to handle it a little bit friendly I guess you know and um so if I could do that and the only other thing with drainage is on down um at the end of Eagle Terrace at the bottom the the catch Basin that catches all the water and sends it out back is a couple inches above grade okay and they remark that you know maybe when we finish the put the top coat on it we can get it up I think think for the short term I should just lower that um cash Basin top so so there's no more ponding and then when we come back up the top coat it we can bring it up again okay it'll get rid of the issue I mean if I pave it it's just going to well we'll have to dig it all out when we top coat you know great any comments on it'll get the water off the street for the for the winter okay okay and the other thing I wanted um so we get that and then you have five uh bullet points for discussion we can kick oh I'd like a couple more on okay um so when it comes to and I I'm going to tie this into the pavement okay when it comes to U Paving okay and raising structures um if we start now we start raising structures okay we's cash basins and we don't get to PVE it before the season's over they're going to be it'll be a nuisance all winter and there'll be water all over it okay we can do the manholes because we can we can put a ring around them it's a little bit of a problem with snow trucks but um but yeah when snow when you're sticking up an inch and a half for the Finish quote and the plows come through they get ripped apart and we can't rage the basins because flat out the street so I just want to make you aware of that um so in one um one thing I can want to jump to is the pavement um and this wrap me up with this um is that under discussion you have uh so there's five bullet points the fourth one says will witing winter will winter Paving be allowed right the thing that is is that it used to be we shut down November 15th and we didn't open up till April 15 so that's a lot of time with race structures and things like that I mean we can certainly go ahead with the uh um cleaning up their retention basins and and getting everything ready to go um but Paving where it's getting so late and we're already steering at September and if they you know I got to get with talk to the police to fire get Samson to approve a lot of things and it's just not going to happen by then all right um because one of the things I have to do talk to he points out all the uh on existing pavement all right he gives us a lot of uh pictures all right we get cracking we can get this we got that y um so I want to uh permission to talk directly what in Sanson and what's their best way to repair it because right now they're saying we shouldn't put any topic on on we repair all those cracks and that sort of thing okay and one of the you did when we did the uh the borings out there okay um I think um you look at this is uh I might be jumping around too much let me get back to the pavement um okay if you look to the uh the uh on this SE we start with the existing pavement y okay um and this will be it easier to explain you order one two yeah three um okay the four uh I think I skipped all right actually it's page two of the borings um and that gives you a uh a um based in the um the plan the original plan call for in and half the base and an inch half the top and almost everywhere in we're exceeding that now you know uh anywhere from in a few spots one inch up to 3 in so if I I think that gives me need to look at those sections and talk to W Samson and just I think dig them out match them up to the original grade make sure they're at least an inch and a half and then we can it'll be we add the top and and the whole thing will be done I would also suggest I don't know if we we reach out or you would reach out but to Tom Ferry GRE but his thoughts on Paving in the winter yeah so I me the only time like pavement like he said thought the plants to close sometimes late October November unless the state has a job going and it's a mild winter they they do stay open here and there they do yeah asphalt's really generally done in the fall you don't want to do it after that um especially trying to cure between you're trying to reuse the existing black top you have down now as a subbase you're going to leave that let's say her you're going to leave the the existing infrastructure material as a subbase could you see the GE report okay goe find me point me to what we got so we have a Geo report on your gravel and on your subbase accounts infrastructure you seen that and they have they had the sh okay and the current D um there no more than 10% that stuff we're running around 20 30 Spike one squat yeah I seen that one therea yep yeah but the thing of it is if this that work was done 20 years ago back then it met the requirements of dot they've tightened everything up over the last 20 years and you know I think that if the town had had to go out and replace the pavement I don't think you do a siiv test and dig out of all that material just to compile with a 10% I mean that was M than met the standards back in 20 2004 and so if this project had been finished 10 years ago it would be long gone and you know it would have flown with it okay but yeah but it wasn't done 10 years 20 years ago it's being done now so so what their recommendation on this is you do pass at the 10% um and I understand you want to cover it but uh um you had mentioned something that you wanted to reach out to Samson the only reason why Samson I believe correct me if I'm wrong was that uh the town was going to hire an engineer firm which we have to go out there and take a look at your infrastructure give a report back at that point um I don't think um there's any question that you can use Samson I don't I think there's a conflict of interest I think you still can use them no that was part of the whole agreement that he would be using them and not a third wants to go out and money in the whole end of the end what's going on so it looks like the asphalt does meet the minimum um requirements of today even though it would have met 20 to 30% back in 2004 what he's talking about um the only question couple concerns I have is over on Eagle Terrace um a couple of the uh basins are not even hooked up to the pro the Basin number five in the back there yeah um they're saying they're missing pipe there's no pipe that's why that's not it's not we're supposed to go to the detent tanks yeah that are behind there we don't know if the tanks are there because there's no pipe to excavate to find right so what it's showing me and as I'm reading it it looks like the the the Basin number five somebody took a pipe out of that redirected from going to the storm scepter that were under the ground into the Wetland um that's the re that's how I'm reading B5 all right so looks like B5 is going to need some addressing back there in regards to that's not about your asphalt though that's about drainage you know your asphalt realistically ain't the issue there when you were saying B5 is really moving water right out no problem is not open it's one of the lower points and it's actually in a driveway if I'm not mistaken of the house am I right it's almost in the driveway so B5 yeah the PIP so this was supposed to have a pipe that went into a debox actually the pipe was always around the property line and diverted and it never got diverted it went continuously well they when they scoped it they it was unfounded unfounded unfounded yeah so they didn't see it okay so maybe that's but that as for the asphal if everybody's asking about what's going on with that I do agree with him um if he can get the asphall and the pitches of the drainage to go in proper locations without changing elevations of the inlets and Outlets by raising and lowering the manhole cover tops I don't see that to be an issue however there is a few issues in uh on Eagle Terrace that will have to be addressed as I hate to see it do the black top work out here and we got to dig it up again and and you say there is an easement there on B5 you mentioned there's an easement to get out to the d10 pond where the swing sets on an easement to get back yeah if you have you have an EAS the sewer or water easing to getal to the back there um well we had to put a pipe in to the whole design of that retention B in the beginning was to run a pipe off of and into storm sors that house was built yeah so I think what's what what I'm been reading and speaking with these guys and going through all that information I don't think they think the storm scepter or the whatever you want to take say the tanks ever been hooked up I don't think so there so it went into to the water I've been back there with you and it went out into the Wetland yeah you were there but it never returned it went back into the storm scepters and then it was supposed to go and that's where the swing set is so there is going to be some kind of excavational work being done on that property I don't know AG how we have to I don't think the board has anything to say on that um I mean I don't know how that can be approached with the homeowners and I don't have a set of drawings to see if there is an easement back there I would say there should be well once you got beyond the back of the lot all the property belongs to ass once you get past the lot line we however that that those storm scepter are on the land I believe that yeah so where it tables and goes flat beyond the tree line is obviously yours and that's all wet right and then where that particular property is the topography the land goes down everything's diverted like it was never going to go to that flat area it was all go to the to the uh the Wetland which makes sense when you do the swell off the house but the what he's saying from what I understood I could be incorrect and I'll check into this is he said it was unfounded that it actually went to there he thinks it goes straight out so that would be something we got to address on that but on on the winter Paving I the the question of will it be allowed I mean sure but so findings on this say that it does meet the requirements of the minimal obviously want to get with Tomy Ferry and have review this as well okay that's it does meet the requirement of 2024 by the 10% value which it it does it all says it in here by the Samson when I first read that my concern was the quality of work that would be done during the winter not because of who was doing it but because of the weather conditions sure if it's going to be a road that the town's going to take on I don't want it to be have done at at if they say well you guys didn't do it during the best time of the year that's why I didn't know if it was wor do it all the way up until November nov so I would say it's so winter I would say no but November is fine especially if you're saying that asphalt is better he also said the asphalt and then there isn't there Lighting on that to go around the street too that's not in lights outside lights on the poles around the property wasn't there lighting or is it just trees there I mean we do have a street tree to be discussed at some point trees but I want to say there's lights and those lights are ran by the homeowner or are they ran on a line down supposed to be the sidewalk um initially they were connected to the homeowner and they resp shutting them on and off I remember this but then a change made when I came apart we we got solo lights okay that got that don't cost anything sure put them in they go on an so there's no underground wiring is what I'm getting out I just wanted to make sure all that was available anything we've done since then um solar and truthfully we publish it out there you know some of them have them some I was just more worried about you doing asphalt on the road and we got a trench down the side of a brand new road to put wiring for lighting right we don't need if anything would be sh and the only other option thing that you had said mentioned that of coming up next would be the trees trees yeah which is outside the sidewalk is there a sidewalk here yes that's what I that's one of my discussions this this project as it grew back in 0406 had a three just a three foot wide sidewalk on the north side of the road okay with a simple c c right and you know today it would be big enough okay you know but and I must I can tell you that every all the kids in They Ride the bikes up and there's no traffic in there it's not anywhere okay and by the concern and I'm just bringing this up that it's it's not a very expensive sidewalk but the way people have we planted you know bushes and landscape and everything else okay we're just going to have to go right down and go back you know so there is one side of the road is supposed to have a sidewalk one side yes I think so and I do know what you were talking about this someone that has put a fence Where the Sidewalk is going to go that's going to be an issue um I do I did see some of the concerns that he has it's particularly right here where this culac is there's a fence that's he has no room to yeah I know yeah I S to all right so there's going to be a few miscellaneous things that are probably going to steer up some more stuff we have does it does it show in there lot in the lot plans for where the sidewalks are supposed to be um does it show each of the homeowners lock plan does it show a sidewalk it doesn't no so they might show what's on the ground right there so they may have been under the impression there was never going to be a exactly it's not like they did it intention yeah that's oh no know by any means it was just something that's going to become a whole another that's another Avenue can of worms you guys I you know it it doesn't seem to me any we have on record the the comprehensive permit for this I know we do some I didn't happen to bring it with me but yeah I believe uh we allow one sidewalk one usually because if he's suggesting now that we don't do a sidewalk that's going to be a going to be is it a major or is it not we have to come to that decision right so I think that also May a question for the the 4 for mhf if there's a condition involving any of the things that you're talking about right now that is not being followed you would need to put in a modification request the comprehensive permit I believe that the waiver for one sidewalk is also a waiver granted from the planning board RS for this roadway so you know again um yes I understand the asbell plans show what's on the ground but you need to get a modification for your permit it won't be able to be closed out a modification to the comprehensive permit because you can't a permit out you are required to have a sidewalk on one side of the road unless your permit is modified if the board would lean that way I'll I'll pation no can't so that's I guess the question you know are you are you able to put a sidewalk in anywhere there's plent room to where was intended here no I understand the problem able to construct a sidewalk anywhere on the property without interfering with what people have already constructed on their land nowhere there's no either side of the road I know right now you have the but the other side of the road you can't either same I we could move it to the other side which is a shorter run so that that's what I was going well that's that's not out of the that's not it's not it's not we discussing but yeah so if we had the sidewalk here and then we High had them do the hiltion on the new pavement and stepped it on this side to come around it would still be a continuous sidewalk to all properties but I I don't I really never looked at all the rest but I know there was a small situation right here out here this property here this house here you can see the approachment of the dirt um so that disappear and that's going to change the pcture of that driveway in that person job because he's going to have a shelf for probably 10 in the dve be yeah so but his driveway does this or her driveway does this and if we take that out we're going to be this high that whole driveway is going to have to be redesigned we do have some other issues that are not being that I know a lot of people rep their driveway and contractors pushing fur no I know well that's but in terms of you know just discussing right now yes or no for the sidewalk we can't really we we can discuss we we can't any until Jonathan made a a point I don't think we can change that on a 40b well unless there a request to modify the permit well isn't it more of a safety public issue it may be it may be a public safety issue I'm not sure have to look right that's why you need to apply for the modification and you need to explore it you'll need to get the input I mean initially if the modification is applied for the board would make a determination as to whether or not it's a major or minor change in this case it would probably not be follow within the requirements to be considered a major change so you wouldn't necessarily open the public hearing but your 40b rules and regulations allow you to approve uh modification requests or deny them and to approve them with conditions so you could still indicate that you would you would want to obtain the input from Public Safety person that modification to this permit would that have to go out to all the owners again for there to come in and have their input on if it's a minor no so this would be a major this would be a major if it's considered a major versus if it's a major change then you would you would have a public hearing and if that's and that may be the better route you know that could be agreed to too you could just do it through I feel better with that because there's multiple people here that have violent that it's going to interfere with their property to do this I I wouldn't feel right discussing it without public he that's a big problem um just how big the cult it's not only how it's going to interfere with the property in some cases it's compensation as well potentially it could get into a whole and the playround right here a whole can of things so yeah it turn to the sidewalk discussion I think it's probably not worth having too much more about it until we have a phal request before us I personally would feel better at being being a public hearing that's something that I would definitely want I think it' be better for all parties so Mr federov if you were willing you would file a request for a modification in order to eliminate the requirement to have a a sidewalk on one side of the road and that you would wave the consideration as to whether or not this is a major or minor change you would agree that it's a major change and you would ask to have it scheduled for a public hearing that way people can talk say I don't want it because it's going to do this I don't want it it's right I don't know how they'll feel they might say I understand I wish we had it but it's going to require us to do this then I I I mean I don't live there they do it's going to be I want I would prefer I prefer prefer to hear what they have to say that I feel comfortable with that okay um so weit a lot of people when they buy a house anywhere they think they own right up the street well why is that show Landing is is 22 ft the layup is 50 ft so you got a 14t they don't own yeah I noticed some of the light poles are like in yachs they're not even on the street all the I did yeah the boxes out they way seeing as that that that this kind of has to go along with what we're talking about why don't we talk about number three next which is Street trees what um if you want to elaborate on what you have I mean all you wrote here is Street trees and that's fine but uh what comments do you have to make on that um again a lot of people that the trees I think I'd like to should but light triway and maybe eliminate the tree I don't you know they what what do you mean by Street treats um well you know just like so right outside right outside the sidewalk yeah which would be so then you have I think that's Mr F that does the heuse the tree warden so yeah so and there was certain types of trees that were probably on the permit as well I'm sure they probably were I mean I don't remember it I think they gave three different style trees that could go on the property and they were staggered and marked on the on the CR so that could that might be another so this is why we're talking about no yeah that's fine I really think that what you should get all your ducks in a row for everything you're thinking that you want to do and we can go from there because um if you go in front of us and you're not going to deny it's not a major change to a comprehensive permit we can put the street trees in listen to the public in that neighborhood hear what they have to say and then make a decision from there I don't feel comfortable pulling stuff out I think if you no no no no no and if you can also pull it together in the same package so that we're doing we're not doing two or three we'll do one modification well well Carri it would that be that would be more than it would be more than one modification because it's it'd be a request to modify the comprehensive permit but with with each modification that you're seeking you have to identify which which condition you're talking about and create proposed language that doesn't mean that's part of what in order to file it properly that's what needs to be submitted so you're going to have to identify all the conditions that are involved and submit proposed language it may or may not be what the board actually ultimately agrees to but you know you could say I condition 40 let's say that's the one about the sidewalks you're proposing that it be eliminated in its entirety okay but at least we know or maybe you're proposing to modify it like if there is one I'm not sure there is one for Street trees I I honestly don't remember all of them off the top of my head but it is maybe you're proposing that instead of Street trees that you install lamp posts or light post or something yeah um and I'm not sure where the the lamp post came from I'm not sure that was in the original for me either okay we just started doing that and then but you've got to look at the actual language of the condition you've got to identify the numbers that you're talking about and the and how it's been modified and then you're going to need to come up with proposed language I think what the board is can I ask a question sure Y what what what what lamp post are we talking about what he wants to know what lamp posts are we talking about in the beginning of the I was nowhere here before you came on board right y were putting a l post okay tied back into the house the homeowner is responsible for system andem went on and off and then back to 2012 I talked to zba at the time and um we modified it the houses I started doing to putting a single post where it was supposed to be but make it LED with you know solar solar right y you could find two of them at the playground okay when I did that and and and then I'm not sure why we kept not doing it but I honestly think that on that one for safety so much like okay and I mean I don't want to get into too much discussion about the details on without the question before us but um you now you have also number one uh school a school bus turnaround what did you want to discuss regarding that okay so this is one thing the neighbors okay when we did the playground okay uh there was a condition that I had to install a school bus turn and I can show you where it is yeah right there that's well that's the playground y so they have been living there some of for 15 years and the school bus Center drives in down the circle goes back to the eagle and goes right back up so now if the school bus it's not it's just a not a  but it's it's not a look at overhang kind of yeah and Pa it so they could go in turn around go out that would mean everyone who was way down the other end would have to so right now right now the school bus goes onto this property not not property but it it goes so so right now the bus if my pen is the bus it goes all the way down all the way down to the back all the way they turns around that yeah and on Eagle Terrace there's only three houses they walk up to the top of the street so the kids who live here walk to here got you the bus stops here picks up those three hous what's that necessary so wait a minute what grades are we talking about and the reason I'm asking is because the middle school and the high schoolers can have a single bus stop the elementary kids are in front of their home usually well that's what most has has they move in and out we have a lot of little kids in there right yeah and uh um and that's what I'm really it's really parents with younger kids six seven it's under so teenag they can walk well the teenagers do walk the teen the buses do not pick the teenagers up in front of their door the buses go go to the bus stop that's designated it's the elementary school kids up through grade five that we it's door too so the the RS are are are asking for a turnaround well I've talked to everybody especially with kids you know they don't ever do that you know I mean they happen to be some little kids right across you know they right across your feet well you know I guess it's a convenient issue okay and a lot you know you don't know who going to be the next kid living in the house at the end stre that's the thing so I guess my question is is this something that the resents are asking for and you don't want your opinion is to not do it or you want to do it and you just want to know if it's okay to do it I I I'm indifferent okay okay I haven't talked anybody this for three years but at one point I was talking to Jim AGA everybody was asking me and I wrote a letter that we were going to send to the superintendent to find out whether they right I do remember that now a little bit is there a condition that says you have to do this I was John I was just going to ask that I'm not finding it in here but I I'm not finding it in here right now but I feel like there was I there was too the 2012 it had have been right you know what that's what it is because this was 55 and older I got to go to the 2012 one wouldn't have been so I mean well there could have been but you know what I'm saying it's I mean I think then that's something that again would have to be a request if it is part of and I believe it is part of the request so multiple areas make a um so I can bring thatly home if it's a condition you can't if it's a condition you're looking for modification again right and I think once we have more of a once it's before us as a formal modification then we can reach out to the superintendent and see what what their opinion is on it um so I guess while we're waiting for that you have uh number five on here uh removal of phase B from the comprehensive permit yes sir I'm so margarit I just I want I want to do something with it but and I I had what's was going to sell that back and just no I use land for something you know maybe Retreat Lots okay anything anything doesn't require yeah I that's that's a big reason why we have margarite here to discuss so one of the things obviously we cannot vote on this tonight because we don't have it before us but removal of phase B from the comprehensive permit is something that he's looking to do or yeah I mean it's not really all that feasible to do it's the comprehensive permit you can you don't have to build build it you're not required to build it right but you can't necessarily take that land and then now be able to use it individually you have that land is part of what was permitted with this comprehensive permit you can sell to another um applicant or developer they can take over you know as long as they're given permission to be deemed a um an a proper applicant they can take over or they they can either take over your LLC and become a partner somehow or they can apply and get permission from the board they can come in with a modification you were starting to go down that road the problem you have right now Richard with that process that was happening is that you haven't finished phase a right and so you've got to finish phase a but there's no obligation that you build phase b as long if you don't want to pursue phase B you don't have to you can leave it as it is it just is not able to be developed further other than in accordance with the comprehensive permit unless it's further modified and at this stage the board is looking to try to just get phase a resolved um well one of the things with me is that I pay a lot of taxes on that backland I'm never going to build houses on put you know I mean but this came up about four years ago and one of the thing you said that time is that the only reason I could do anything that is because um the 40b gave me access to it I've did a lot of research okay the developer before they did this project had already had access before they were filed for a 40b and I was going to bring that to your attention but the problem is that the 40b took all of this land and they provided zoning there was waivers on zoning and there was numbers of homes that were agreed to within all of this land you can't then the way that the 40b law works it's not intended to allow people to take a large track of land often much of which is often undevelopable certainly not able to be developed to the extent that it gets developed under 40b very often landlocked in in many components you can't take that create phasing out of it and then once you have started to construct the first phase say now I have all this wonderful access I want to do something different with the rest of it it is part of the comprehensive permit the entire piece of land you know when we did so tied up got involved we did the uh it was age restriction I asked to have the age restriction done okay could you have come up and address the CPA then reduce the number of units from 72 to 58 Mr F do you SC to the microphone for us we sorry that's fine it's all right yeah when they uh I got involved and U it when I got involved there was 55 and over then there were after the first five years there were five houses built because everybody in the plant was building age restricted projects so when I got involved I got involved with the uh with the only if the age restriction was removed and so when we um so we would have had 72 um non-age restricted but at the time the board reduced that number and eliminated a number of 40b homes for whatever reason I don't know yeah that's because you went for more bedrooms what's that more bedrooms well yeah um but do more bedrooms but they never asked me to we never yeah so it's complicated I just know that there's a better use of the property we could we could do a farm can I do a farm raise the grapes come on the property I'll give free wine the whole board property is tied up by the all right let's let me I just brought it out think what I'm hearing is that now first of all before any discussion can be had about phase B you have to finish phase a I'm first thing even if it's sold you know to another company for 40b development you have to finish phase a period so if that's the case this even having the discussion happy birthday by the way in a few days but but it's premature okay okay I just all right forget it we'll move on okay I just wanted to mention I really you know I I understand but yeah all right and uh so I do have some other concerns about what I was hearing um and I'm not sure you know obviously yes we've talked about that there will need to be a modification request filed there's a process for doing that Richard there's information you have to present you have to identify conditions come up with proposed language you're going the board I think you've agreed to they've asked that you just skip the vote on whether it's a major modif minor modification agree to go to a public hearing on all of this so you could file all of that and typically whatever that date is we may need a slight waiver on when that public hearing gets scheduled because it's done by agreement um there's been a memorandum put out by Weston and Samson that has some recommendations in it you've started to address some of them they have some concerns so for instance one of the things that I noticed with the paving piece is that they don't believe that any Paving should happen over the existing subbase so I don't think that it's a great idea I mean I think you've got to come up and work with them around the subbase um and what all the holes all the yeah it's quite a bit no you can come I know you need to hear so I understand that and we can all right so this for there is a one of the things that they showed us was around the paving yep and they said in one of their recommendations sorry that's strange you have to get to talk thank you I'm in theong thir one from the here it is numerous areas of pavement distress were observed during the visual assessment therefore Paving over the existing pavement is not recommended that is I believe that there is issues with the pavement right now the cracking and things like that they want me to fix that first before I PVE right that's so that's what we're going to do okay so when is that being done because I was hearing conversation about Paving but I wasn't hearing any conversation about this oh no no we can't do any Paving until we correct the issues they identify this is what it is yes I remember the pictures when are you doing that um well oh again you know um this this is cracking okay so I'm going to talk to them and typically you do hear let someone TR go on the road yeah this is all going to have to be cut out repaid before we do any of the final stuff right okay that's what so right so I guess I felt like the conversation tonight was a little bit too advanced okay because I think we need to start addressing some of these pieces first and and I I mean I understand that you know it's the summer people have had vacations and they've been away but I'm hoping that at least no later the next meeting you're going to be able to go through each of these findings and have worked with Weston and Samson and come up with a plan and and hopefully started implementing a plan on some of them well you know we first part our board was West Samson back in March we didn't have a meeting to the end of June we had a month off well we had the board had a month off but that didn't mean there need it to be a month off of any work being done well we I needed to have this meeting board okay okay that's what I'm saying okay but I'm just concerned because the the conversation tonight was on Final Paving and we hadn't weren't really talking about the steps that need to be done to get to that one of the subjects I initially asked is that if I raise all the structures okay um do allow winter pay okay usually the plants close and was that was wait on that until you would talk about it but I can still raise I can't I I can raise um if I stop raising the structure right now and we get a bad winter they all get ripped up so I I heard that I did hear that I understand that but if the answer to that is I will handle I'll take care of this in the spring then that's what you're you know that's the plan but I think the Board needs you to sit down with each of these recommendations and say this is what my my plan is and some of that's going to require engineering approval to be happening along the way now I know some of that involves communication with West and Samson you've asked that they kind of just do the approval and the review all as one so you're not having it peer reviewed and we've got to confirm that they're willing to do that I understand that but I'm hoping that you're actually coming up with a plan this is what I want to do and we need to take that to Weston and Samson I'm here for the plan right the board doesn't need to this you with all due respect this is not your expertise your experts would be your engineers so the conversation really needs to be happening between Richard and the engineer and they need to develop a plan to address all of these these pieces and then in the same time you're hearing that there probably is going to need to be some modification requests coming in right that will need to be addressed does it make sense to do them peace meal or all is one it probably makes more sense to do them all as one as you've started to do the work and youve realized where you're at some of your arguments and justifications you know the board is not has never been um insensitive to the fact that we we take a we take a development where it's at they're not looking to place blame necessarily they're just taking the development where it's at but they I think at this stage it's time to start getting the work done I think where I put this out of control is I was thinking even Beyond when I paid it okay right now I still um six hours of the build in phase one I'm not building anything right now I'm concentrating on this part of it okay I might do something but I want to get it over with too okay and there's these other issues and you know so if like the school bus turn around if I have that there's a little curb head along the road in two places so before I talk coded permanent I need to know whether if we're going to do this or that but we have the winter to do that yeah but we had we started in the spring we thought we had the spring to and we haven't I have not seen I've seen a report I haven't seen any around work I absolutely the emergency access road that's a conversation that needs to be talked about with the board that was that made sense to me tonight the Board needs to provide some input you're saying you want to you don't have the space you need to keep it one way that makes a lot of sense yes go back and talk to Public Safety but some of this stuff has been sitting there since you know the end of June I'm concerned we're now getting ourselves back into the winter and it's so easy to say we have the winter to to get this done and to get all this work lined up we said that last year and that's my only concern but what we can do any time of the year is do the improvements the retention Basin and the drainage that can be done anytime okay and getting an squared away and then getting nause and deciding about these other things and I I know when I talk to Samson going to give me your recommendation rip it out we can do that I could pass all those things this season okay so that would my suggestion would be that you connect with Weston and Samson and you get some of the work done and the stuff that needs to wait that the the work that you're able to get done is as a showing of goodwi the showing of establishing a relationship with Weston and Sam Samson you've come in and explained to the board that we may have to wait on some of this until the spring and we'll use the winter to line up all of the permits so that when those you know asphalt plants open in April we're by April or May we're going to be doing the work that needs to be done around the street yeah and and like the paving top coat I need to get some issues squared away before I get a price on it so I can know what they're quoting so for what it's worth that's the hor Reon here okay but I don't intend to sit on it but we we can do we can address the drainage we can address the payment issues and I think I can if we get to go on the on the oneway in I can cut that pavement back that's only six feet okay there's a lot of little things we can get done but that will improve everything and then through the winter then I'll know what what uh modifications I want we can get that through and so as soon as that we open up in the spring and I can't April 15th because everybody wants to open that but I can get a a contractor lined up I know what he's pricing out I'll know whether he's we doing a sidewalk or not doing a sidewalk and all this stuff so I can get it done but without all those answers and I I'm sorry if you thought I was putting I'm not I want to get what we can during the winter and then then we'll have a couple of meetings to talk about modifications and then I'll have a go plan for the T and everybody else right so I my that's what what I would recommend as well and I think that at this stage there needs to be some actual activity and and work being done out there not just for this board to see but for the homeowners to see so that people understand that you are you are committed to getting this done and you've told us that for multiple times and you've shown up to to every meeting that you've been asked to be at but now the Board needs to hear that you're getting the work done I'm ready to go okay and I can tell you that the project looks better than right now than it's ever been I've taking care of the entrances a lot of things no one's complaining about anything everyone seems to be Happ I mean I know we have some about Butters went in person and a few on Zoom so with the last few moments not few last few moments but for you know to wrap this conversation up do you have any any comments or to make yourself be heard that's yeah that's yeah I know I'm sorry you can stay here hear me Richard this is yeah oh 947 stonate Landing Lisa poat I've been coming to these all these meetings because my yard floods what happened my yard is flooding Richard Richard Richard let her Richard can iish Mr federov let her speak please so we can hear her so um what was I so my yard for the Winter's coming every year it's worse I don't agree with the engineering because I did send pictures to Carrie on March 27th and June 26th showing the flooding in 2010 so I basically wanted know what you're going to do about it if anything will be done I do but that problem was there before the driveway and before the trees it was there 6 months after I moved in I have pictures to prove it Carrie I forwarded but I can bring I I sent the pictures to Carrie to send to them again because this problem existed in March of 2010 yes I think you were even here when she showed pictures I know I know you you sld me the house I've been there 15 years were and I'm glad you're here in person because I want to have this conversation in public I don't I don't why hasn't it been fixed yet then why hasn't it been fixed yet if it's not as a hard problem she thinks why hasn't it been fixed yet I mean if the trees have to be taken out the house was built 10 14 years ago 2009 November 19th what year November 19th 2009 okay it's been around for a while and that's 15 years okay um Foundation s people work do work they grade the um the house you've got a grading issue that's all I have and I don't you know and but but why do I still have it what why have I been dealing with this for 15 years 10 years ago I've talked to you about it twice is that we had a conversation twice once in the street about it recently yeah nothing in 2011 2012 2013 oh I'm pretty sure I told you about it in 2010 that was around the time you told me you weren't my contractor for Life a lot of water with and but you have to I can make some simple Corrections that would be but I feel like now I mean legally okay according to state law and the opinion of this everyone says it's not my fault I know that doesn't sit well with you okay well but I'm not it's not the trees what was that that was 2010 there were no trees there was one LNG driveway where's your house my house is over here this is the backyard ier this and these are my my kids are in these pictures I know my kids are 20 years old s 24 your sister my kids oh my God okay so there who are those people those are my kids they're little they're big now okay this has been going on a lifetime all right let's get the I know you've you've gotten some um prices to how to fix that no I haven't Oh I thought someone told me you did no I I'm waiting to hear what needs to be done oh well Mr federov Good Mr federov so I'm I'm hearing what the homeowner is saying and I'm hearing what you're saying about you know legally this and so forth so my question my question is really pretty simple so that we can at least try and smooth this out which is not our job necessarily but to smooth this out and maybe put this to bed maybe big big big let me finish is there any chance are you can you commit to talking with the homeowner she's here you can talk to her at outside you can talk to her tomorrow and trying to come up with a plan between the two of you so that at least you can bring that back to our next meeting and say this is part of what we're doing and this is part of what we agreed and this is when we're going to do it I will invite um Lisa Lisa to come with me to the September meeting if you don't want to walk I'll pick you up no no no no no no what I'm what I'm Mr federov what I'm asking I'm asking you instead of coming just saying if she'll come to the next meeting I'll pick her up that's very sweet of you but what I'm asking you is can you work with her in the meantime to try and come up with a plan to help mitigate what she's concerned about you may have to go back to the engineering firm which the resident may not be crazy about so both of you may have to go back to the engineering firm I'm asking you if you can work try to work together with her and set up a couple of times to meet with her and try to come up with a plan to come back to us and say this is what we're doing Jonathan when it comes to correcting the issue um on her property I don't need Weston Samson you know this is private property so are you willing to try and work with her that's all I'm asking I've already had I've had a plan my here I I knocked down your door it's not going to be S as you think it's not going to be a what it's it different as you think okay okay okay but it needs to get Richard Richard Mr federov if it's not difficult can you work with with her to get it fixed that's the question yes or no long as she has breakfast while me every no rich rich Mr feder off this is not a joke if I were a man would you say that Richard yeah well you were Richard Richard Richard Mr federov this is this is not a joke to her it's not a joke to us I'm just trying to make it the question I'm asking is can you work with her responsibly like an adult I'm being frank I tell you get to get this or no yes okay thank you yes can I call you let's go we'll be good uh wouldn't leave yet we have a few more residents I don't know if they want to speak but um if you want to just uh make sure you just uh unmute yourself if you're muted and then just state your name just so we know who you are s can you hear me yes okay this is TC I live at 94 State I apologize in advance if you hear aing in the backg it's fine I just want toly theigh one about emergeny and back I want the April meeting we discussed the emergency gate as well asps directly went against the idea of emergency um so have been taken out but if you put in a one game that stop re the ambulance firefighters and police officers to get along the gate and get through that's a matter of Life Death that's a public safety issue and I don't think that could once again be brought before this um of the public or anything because it doesn't make sense there um also I think at one point the zoning board has requested at making that a stre I know there's an issue on um the gentleman I think [Music] yeah right [Music] minim again for the Emergency fact um but that's just my opinion if we can make it a 2A that would be great I person got rended I think I think you you might uh you might have joined on to the meeting um a little a little bit after we discussed that but that was one thing that I said too was that I understand the gate might be the best physical way to stop but like and I even said we're talking seconds and that's that is literally a matter of life and death so I was saying that the gate probably wasn't the best idea but since um we've also discussing about the gentleman who lives almost on Somerset a we were talking about if if and there's an easement before us that might allow us to widen the road to make it a two-way that's something that we'll have to wait and see for but that is something that we've already been discussing yes okay I just wanted to make sure at minimum thater gide once again struck down because video truly is it would be an absolute detri to put in for Emer situation and having a young child knowing that those second matter between him making it through and not making it through emergency situation is truly like a high public andt concern so thank you for your time looking that yeah we and I I I even said too that the letter that he has before us and this is not is fault with the letters from 2003 which is our former police chief I said I would want something from our current police chief as well as the fire chief to see what they have to say about it um I can imagine they're probably going to agree that g not the best way but that's not for me to decide but I did want to hear their input on it too but it's not something that we're jumping to say yes to by any means I don't I I'm leaning towards even no but you know we'll obviously get that uh once you get the feedback from them but yeah okay and then um if I ickly note um there was a lot of confusion least on my end nebus [Music] been line anything that says with this 14t um you know W that he I'm just really confused on that I it's not a big issue in terms I think of what was discussed but overall it's just really confusing for meeting or next going I want Tock that for clarification and then one more item here um sidewalk I think there's a little confusion on the that will be discussed later um and as far as the bus turn around I personally don't fully understand what the argument is or the argument the discussion was here um it sounded like he wants to take it out he said spoke with everyone I don't never spoken with about it at one point when we had a back in 2018 or 19 at the Town Hall in Bon not B sorry in um mention that turn around so I just didn't understand what the point was on that [Music] Mee and here my son screaming in the background again so sorry no problem but yeah so yep so the light post uh the the sidewalk and the turnaround were all things that we kind of weren't sure what uh what was being presented tonight anyway but we decided that because any any further discussion would possibly require a modification for the permit so we all agreed to not discuss it further so uh for whenever a proposal is brought before us we have more details so uh we're waiting for details on that just as much as you are so hopefully by the next meeting or next time this is going to be discussed we'll have that okay thank you so much I very appreciate your time problem um whoever is next I think we have it looks like uh three other people if they don't want to speak and just here for information that's fine but if they do want to speak someone else can unmute them El and just State their name and address for the record that would be great ER with 956 G uh I I know there's going to be more details meeting but what I'd like to hear is at that next what's going to be done about the sub days uh 20 20 to 30% passing fin is going to hold is going to hold a p of water that does not drain freely um I I I just want to know like are we paving back over that or is that going to be accepted or is something going to be done about that for the uh the longevity of the road and I I believe that's something that um Mr F was going to touch based with our peer review engineer on and they going to Direction yeah that was some that was one of the things that we don't have to wait for the weather that was something that he he said that he was going to he said you know he could take care of that sooner rather than later because it's something that doesn't require the weather to be a certain way and he was going to get in touch with the engineers to talk about what he needs to do for that sure all right thank you no problem I think we have two more left if they already if they have anything to say they can unmute name and address for the record if not that is fine as well give it a few more seconds in case someone's having trouble unmuting okay that's fine um so I guess that being said we can move on you have you know what you need to take care of right I'm going to do a stat it right now okay just to be clear too it's my understanding the modification oh I'm sorry Richard it's my understanding the modification requests are not going to be filed for next meeting you're waiting to figure out all them oh no no I'm not coming near you until you get so I just don't want to set up false expectations is to get this done and then we get it set then we app notification then we do the paving right don't none of that until we get okay yes I think he's just Gathering all the different ones that he needs okay all right so moving on to agenda item six correspondence Carrie I assume we have no other correspondents that came in sounds good um public input we already had I don't think anyone else is here for anything else anything different um is there a motion on the floor to approve the meeting minutes from July 23 2024 motion to approve the minutes from July 23rd 2024 is there a second a second that any discussion all in favor I I board members anything you like to discuss before we adjourn all right I'll make a mo is there a motion to adjourn I'll make a motion to adjourn is there a second second any discussion all in favor all right all set