##VIDEO ID:bjdtaF9stHw## [Music] all right welcome to the zoning board of appeals please sign silence all cell phones and note that this meeting is being taped by fctv if there's any private party recording this hearing uh please step up to the podium to request permission I'll introduce the board and staff on my far right is Mark fineran a voting member right to my closest right is Frank Duffy the clerk I'm suzan Murphy chair to my left is James Morris Vice chair to his left is Tony Puchi associate and then Nick Haney we have noren Stockman only administrator Ashley Dello office assistant the zoning board of appeals is charged with applying the state zoning statutes as well as the town's bylaws and reviewing and voting on any application all decisions are made through the public hearing process our goal is to hear testimony from the applicants and the public and to allow a full and fair discussion of the project prior to prior to closing the hearing process and reaching a decision number one to begin each hearing the clerk will read the public announcement for the hearing and read pertinent information from the file two the applicant or applicant's representative will then have 15 minutes to make a presentation but time may be extended by a vote of the board three the board will then question the applicant four next the public will be invited to comment comment should be limited to 2 minutes and be strictly related to The Proposal all members of the public wishing to speak should wait to be recognized by the chair and should come to the podium you state your name and address for the record please speak into the mic and it will amplify your voice and record audio for C TV viewers and we also have a time if anyone needs to speak for a um a public statement but not pertaining to the hearing that we're having tonight anybody want to come up to the podium so we're all set so tonight we have a continued hearing 85 brick Hil Road LLC welcome good evening Nick Marion here representing the applicant where we stood last time I believe we were making some changes to the plan uh that were relations to comments that have been made by the board and the public and we also needed to come in with a landscape and buffering plan which we've submitted to the board but I'll put it up in a minute for us to look at and discuss um actually I'm going to do that right [Music] now these was submitted pretty late huh Nick yeah well it's sorry about that but I was gathering information and then I had to get the landscape oet Tech to to do this so we have we moved the dumpsters up to this location here and we took the garage that was there and put it attached it to this garage we're making this a two Bay garage even though it's the size of a five we're only putting two doors on it one door one Bay is going to be used for bicycle storage for the residents the rest of the garage will be used for the owner's maintenance equipment and supplies for the project mailbox remains where it was uh the buffering is along the entry road we've got sixo of fence mixed in with some uh Green Giant arivi the same thing along the detention Pond and behind each unit from 4 to 99 we we put two 8T sections 16 ft behind each patio on the near the property line and filled in between with green giant abii and that's behind all the these buildings these have enough buffering in them already so we didn't do any buffering back here we took the trees out of the detention Pond and we um addressed our opinion you'll get confirmation on that I hope that we address the peer review comments that were outstanding there was some adjustments to the storm water report and another uh perk test that they wanted so I think I think we've addressed everything that was out outstanding at this point I also one other thing I also met with um Amy L on this and there's no immediate plan to sewer this area and that's all she said to you well no we discussed a lot of other things too but for this as far as this area goes at this point they're working on phase one and phase two of their sewer plan which although it has a a force main that goes by this property there there's no capacity to connect to it and no plan or financing or funding for it that's imminent or in even in on the planning table at this time so in other words we don't have sewer for this project is the septic that you have that you're putting in going to be adaptable if the Board of Health does make you upgrade okay yes all right has everybody a chance to look at the landscape plan we just got I have a Qui quick question go ahead Tony uh I just want a clarification on the uh retention Pond I think you said there were uh Western red seedar and I think they're not a big deal just they're white pines not Western red cetas no they're they're um according to this I thought we put in you did but not there I I just want the clarification I don't care we sh pg2s there it's a PS you have seven PS white SP White Pine White Pines that's all I just wanted to clarify that that's all yeah anything else Tony not on the landscape plan but others okay Jimmy anything on the landscape not on landscape I do other questions but I'll address them later I have a couple why are there two to big garages with what well what's the little one for either for the owners's maintenance or we may need it for storage for for the residents there going to be four Bays if you include the big the big garage is the size of a five bay garage the owner is going to use seven Bay garage there's Seven Bays of garages on this shown and no vehicles from the residents are going to be in them no okay how much equipment do you anticipate having to store I'm sorry I didn't hear you how much equipment do you anticipate having to store well he's got a bobcat he's got plow he's got lawn cutting equipment he does all his own maintenance uh we're also going to store extra screens extra smoke detectors uh all the things that you if you if you have to buy one they get expensive so it's always nice to have a Shelf with all the stuff you're going to need so would it make more sense to to just put the smaller building for the storage of bicycles for the residents and not have people you your residents transing through his storage area with his other equipment and things well the well the garage would be separated one one I think I gave an elevation also the one door we haven't decided yet how we've been talking about we haven't figured out yet how we're going to make it secure with the residents will have access to it but no one else will whether we use a fob give a a master key we'll have cameras there for security um but the access the point of the whole thing is to get a place where they can store their bicycles and other bigger equipment that they don't want to either put in their cell or they don't have a place to put in their unit so a bobcat a lawnmower what else uh plows yeah you're only going to need one for this property what else this is Seven Bays that's a lot of he's using he's using four of them he's going to use four of the Bays okay storage and Equipment storage of materials for the project and equipment and so the little the little 2 Bay one they're not going there that's residents only uh possibly yeah we don't know we don't have a use for it yet we have the space we wanted to put it in it's like having another storage shed there okay Frank anything well yeah I you moved the the dumpster uh you had it on the entrance Road and suddenly it's appeared in the middle of the residential buildings which to me doesn't seem to make any sense so why did you move it we moved it because the residents uh requested we move it and we were trying to accommodate the concerns of the neighborhood one of the ABS brought I know one of the abuts brought it up but um you you've got the dumpster right in the middle of the residential section of the project that means the truck has to go in among the residences to pick up and you know so forth um it it seems to me just me now that a more sensible place to put it would be on the entrance road so it doesn't have to go into the project I thought so too I still think so well I mean we had one gentleman who said that he was concerned about coyotes I think and while that's a legitimate concern you're going to have coyotes wherever the is so moving it doesn't solve the problem um that's and and you've got it in the middle of the residential area I I personally don't like it um but uh and then you've got the you know it was just brought up earlier that you've got uh possible bicycle storage down off the entrance Road where maybe that might have been more sensibly put in the middle of the project where the people actually live just my a very good one I'm I'm willing to make that change but just I don't want to I don't want to get in a battle over well I don't want to get in a battle over it either but I I wondered why it was changed suddenly because I only heard one person talk about it and if just one person talks about it that doesn't make it an action item well if the board wishes and want to make that a condition we'll switch them back I I think the residents should have their say also give you their point of view they will and we we've they've got a lot L of important things to say but not everything Rises to the level of an of an action item that's just all I want to say Mark do you have anything did you have a chance to yeah not enough but uh for starters uh this uh oversized garage how much does that increase the uh block coverage didn't change it at all but we had change it at all how could that be well cuz we had we had a we had a two car have Seven Bays we had a two-c car here we had a two car here and a three car here we now have the same Seven Bays that we had before and uh I'm I'm sorry we' read so many of these and uh to be honest with you these uh a lot of these lately that you submit appear to be carbon copies of one another um you're going to have to refresh my memory the garages that you took away uh was some of those for the residents and now they're for storage of plows and equipment and such no sum of for the storage by the owner for his equipment and and additional materials like the owner is getting more storage here than the uh originally intended for the uh penants I don't know that I agree with that but we we had I mean the numbers of square footage the number of Bays have I don't know um now the last time you were here didn't you represent to us that uh you were going to store equipment for uh other projects here was that not what you stated for the owner projects in the area yes he owns he owns a lot of Apartments within a couple mile area of this along Route 28 he owns the ones across from kenyons he's got 10 units there he's got no place to put all the extra material are you're going to burden these people with other for profit I'm not sure burdens them corners and cotton Lawns at the same time and changing your business model uh I don't now uh these arraes uh here behind the patios they're uh right on the property line foot inside the property line or two inside the they're they're on our property a foot inside they're on our property now no they're not there yet no no but when they are they're going to grow like Madness so they're certainly are going to encroach on uh what are you suggesting what what you well I suggesting you that arites grow out can can grow a foot from the property line I um that's enough for now I'm just whatever I'm sure I'll have something later follow up go ahead do just Mr F's question about the garage and storage at one point in time in the beginning it was about the bikes going into the basement and now they're going to have a garage put it in when you measured out the space put those bikes in are you assuming that everybody has two bikes one bike that they can all fit there or it's just it's going to be a garage and first come first serve type of thing well first of all we're we're assuming that the studio buildings are the ones that are going to use it for the bicycles we we're also assuming that the other units which have basement will use their basements all right so 12 bikes basically then then we're saying that there's enough room in there we think for 30 bicycles with with uh yeah okay places to lock them and and that's great with regard to uh structure percentage of structure on that I guess the easiest way to resolve that and any concern about that is just for you to reate it in some document to the zba that it's still at 44 whatever it is 43 or 44% that it hasn't changed that just that it hasn't changed and it remains at whatever it is 43.4 or 44 I forget what I read well where we're asking for a waiver for yes yes exactly right that's I guess that's the easiest way to solve that situation okay and actually one more one more question I I forgot to ask um it says on the landscape plan existing trees to remain it has an arrow and of course there's a lot of green are you talking about existing trees that are going to stay just where that arrow is or the entire perimeter of the property well anything that's so anything that's on the perimeter will stay that that is not dead or doesn't have to come down we what we do and and I'm going to use an example of a different project that we did today we staked we marked out on aesque at the limit of clearing so that the peerreview can come over and say okay you're not cutting anything you shouldn't have to cut and and just establish that with that now we can set our siltation fence once that's inspected we can set our erosion control and as soon as we get the Construction general permit we put up our sign with the numbers appropriate numbers and we're cleared to go I just we do the same thing here I just want to get that on the record so pretty much that any tree that's going to remain along the perimeter that's going to remain whereever the excavation is you're not going to be you're not going to be Excavating under the drip edge of an existing tree that could kill the roots of an existing tree so will you set your siltation line and maybe this is something for the engineer to talk about wherever you set your line it is to protect the existing trees by not digging up the roots of uh the trees that exist so that means you can't go into the uh drip line I think I could be wrong it's it's hard it's hard to tell where the Roots come out but the goal is not to take not to damage trees and someone else's property okay just stating that usually if you go into the drip line you're going to damage the roots I just wanted to get that on the record that you're going to save those trees as best possible yes okay thank you Frank you want to ask you guys now uh yes I have another question not necessarily a landscaping question but because you have the plan up here it's probably appropriate to ask it now I read somewhere that the fire department had requested another hydrant but it didn't say where it should go can you show us on your plan where the hydrants are located and how many you have sh the land month did they you just pointed out on this one or know the area it's right up here oh it's right right in this area here and there's one directly across the street from the entrance also well when when they I have notes in my among my notes that the fire department requested another hydrant so did you add another hydrant to this plant at all or did you not get the memo I I don't think we got the memo we certainly have no problem adding another hydron if they want one but we would have I don't remember seeing the memo one because I don't know but if the fire department wants one I think you should accommodate them yeah absolutely are you are you sure you're not thinking of a different project I read it today in my notes and this is the file I had on my desk this morning so it did come up on another project and we did on others too yeah okay stuff go ahead um I I have a problem with all these garages all the what all the garages um I mean this is a 40b you're looking for a waiver for lot coverage and we give such waivers because you're addressing uh unaffordable housing issue um but what we're doing here is we're making it more affordable for the owner to store his equipment for by your own statements other projects he owns throughout the town and I think that is um uh asking us more than uh we're able to give I mean this extra lot coverage isn't this waiver isn't for affordable housing this waiver is to make the owner's storage of his equipment more affordable and um I think uh we might consider drawing a line somewhere there um I mean I'm I'm sorry Nick but you said to us earlier that you need this garage space to store smoke alarms I mean that that borders on Preposterous well not just smoke alarms it's stuff that we buy all the time that we I think you're making a joke out of something that's serious A J we we rest store screens there's no there's no jokes here we're we're serious people I mean I we I work all day long and then I I rush to come here and and I I'm this is no joke so there's more than smoke detector was an example there's screens there's light fixtures there's uh door hardware there's all kinds of things that get CS lawnmowers plows for other projects well plows for plow this project as well all I I hear what you're saying I I I there's a lot of stuff we store you're pushing the envelope here maybe maybe others don't agree with me but I I I think that's correct I agree it's a it's abuse of density that's what it is yeah that's a nice term anybody else have any other questions Nick do you have anything can you look that up for me FR Madam chair I have questions but not about this do you want to go first or go Ahad you go Ahad I I got several questions go for it okay I just want to get a it appears that I think that legally we're supposed to close this on around the 7th of January so that's right around the corner so I just want to get a couple things on the Recon if I can you know it these types of projects have many changes as we know and I spent probably an hour and a half today just trying to collate in my office what plans actually related to tonight's hearing do you maintain a plan list listing each and every plan in the their dates and revisions so that the board has something for its records so that we know that for instance everything I've got in my hands here and in the booklet is exactly what the board is supposed to be either approving or not approving whatever the case may be do you keep a plan list with all the we do and so does Norine we it ends up in the comp permit with the plans that were submitted and the ones that were approved all right so the the office has a plan list that's current okay that's all I care about um with regard to snow stories just quick question on that um when you look at the you're going to be depending on the snow that you store to melt by the weather versus taking it off site am I correct so in other words you're going to pile it up in these areas that shows on the snow plan and then you're going to depend the WEA will melt that snow and it'll go into the retention Pond or wherever it's going to go versus taking it off so the question I I talked to a commercial uh snow removal company the other day about how do they plan um to store snow and one of the plans is you got to put the snow you store by the storm drains in order to make sure that that runoff goes where it's supposed to go and when I and sometimes I think I can read plans but then sometimes when they're this small it's hard to read them so when you're storing snow all the way at the back of this project or in the centeral aisle area and you're depending on it to melt versus take off where is all of that runoff going to go it can't go on the ground it's paved is it just going to run down the street to the two storm drains at the entrance area is it going to run into the street is that yes I it's it's intended to either leech leech into the ground or run to the just like any other drainage front of the space into the detention Pond am I'm asking the question because not because I'm an engineer because I'm not because it's come up several times uh from Butters about their concerns about the water so the idea is that wherever the snow is put within this plant that you presented you're going to depend on it to melt versus taking off I know at some point in time if we a really bad snowstorm you'd have to take it off uh and that'll go down to those drains down at the beginning going to go into the retention Pond some of it might escape and go down to the towns I think I have a plan here the town has something down at the end on brick Hill as well um and I'm going to get to that in a second so that's what the testimony is that it's all going to go into those storm drains so that's covered um there was some concerns about the Sophie Lane uh drainage pickup if I'm correct and tell me if I am or I'm not I think that the G's uh in a in an email of 129 brought up asking about just remind me if you could remind us not me but remind the board uh about drainage on brick Hill and where that water from Sophie is being picked up as I think it was suggested has that been covered well I'll let Tim answer that I think it was more confusion than anything I know I'm confused I I don't know I don't know uh for the record Tim Santos from meral engineers in Lanas representing the applicant if you hold on for one second I'm just trying to find the most recent s plans I think no that's next Nick do you have the most recent ones on here yeah I just can't find it back through by date plan set 920 is that the one I don't think so that's it it's got this on it right is that the right one I'm not sure so my question has to do with the runoff from Sophie Lane yeah if you hold on one second I'm just trying to um get back up so this is probably the best one to to use um so I I think a question came up last time about the runoff from Sophie Lane and basically what I was trying to state was we're responsible to capture any runoff that comes onto our site so these three houses here I think this is 27 33 and 37 there's a there's a high point within their backyard that drains onto our property so we're capturing the runoff from the backyards of these properties it's included within our Watershed areas all right um Sophie Lane itself I believe there's probably a high point somewhere around here and it drains to the north the remainder of the road and the property is drained down to the South and I believe there's a set of catch basins in front of this home and it comes to a I think what it does is it comes to a low point in this here if you look at these grading on this property this is a low point where that road comes to we are not responsible to capture the road drainage runoff from Sophie Lane now if you don't mind there's a Swale on Sophie Lane that's actually in the middle of the street Point can you point that out on this map I'll be honest with you I'm not sure it's further that way it's probably when you drive down through that it appears that it flows off towards the east um um like back in here is what you're saying yeah I don't know if it's there I think it's a little closer than that because you look they representing us is actually if you look at the Town GIS maps the the high point is somewhere in this area I'm talking about the low point I'm not talking about the high point the L middle of Sophie Lane there's there's a problem area the payments never maybe one of the people here can point that out so there's a low Point here at the intersection at of Sophie and I'm not sure of the name of the talk you're talking about the low point in front of this home here okay there is if you look on the town Maps there is a drainage easement so I'm assuming and that comes right down that comes into this low Point here okay this is Contour 40 38 36 34 32 so at one point in time the town got a drainage easement I believe this is 97 brick kilm over this property here to this charge the runoff from Sophie Lane so this in this low Point here is where it's collected it does not drain onto our property so the the concerns of the abutters uh should not be concerned is that what you're saying so we're collecting the runoff from the high points of the properties behind us like we're supposed to um for us to take the runoff from Sophie lanee and deal with that I do not believe the applicant's responsible for that it's but are you stating D that it the runoff from this road the way it's the way it's shown on the town GIS with the grades and the drainage and the catch basins and the drainage eement on file it comes to this low Point here I'm sorry I just don't know what number this houses um seems to me it would affect the overall I mean cuz it's uh just to the left of a swamp um I mean I I I know you've done all the numbers but I honestly I share I share the Gary's concerns um I mean we're collecting the entire runoff from our site and treating it all the runoff on our site will not be discharged onto the the downg gradient sites I mean that's the key to it you're collecting everything you need to collect correct I don't want abs being concerned about this I want them to feel comfortable that what you folks have designed you've engineered you're professional that it's not going to be an issue obviously the ABS can come up and talk about this and they've they've mentioned it in an email again so I'm bringing it up be on the record that you've done everything you have to do per requirements to capture that water can I I just want to go on if but I just want to go on on to the next thing unless there's more questions regarding that I don't know anyway may I just go on I want to I just want to get into um something that's always been of concern certainly to this board member and of course it's nitrogen load um and and and I'm not sure exactly how to address this but I'm not going to let it just go uh at this point in time so we've established that and I want this on the record we've established this is in a uh Coastal Pawn overlay district and it's a nitrogen sensitive area uh we've established I think that phase one and phase two of the sewer system uh simply going to go down as a forced I think was defined as a forc main I don't know if it's forced or not uh and go right past the property I think Mr marani said that it's he cannot connect to it at this point in time and probably for many years um the applicant has requested a waiver pursuant to section 27.2 for the coastal Pond overlay District we have not waved that the board has not waved that at this point in time and as a result uh you produced a um document that outline the nitrogen effect on the property it's not dated but you know what it is there's only one of them and I was quoted the newspaper as saying that I was confused well yeah I'm I'm really I I am confused because it just States what you've established and the requirements and again if I'm wrong somebody's going to tell me I'm wrong uh and I hope they will before I go too far down the hole um 7.2 B requires that any subdivision of five Lots or more or five acres this is not five acres it's not a true subdivision but then we're splitting here because we've got 40 some more units I think it is uh so it does fit into that category it says that 7.2 B2 must F analysis of development impact as specific to 24013 1D for and it goes on I think you filed the the the the uh the impact but then it goes on and again someone stopped me if I go too far here but then it goes on exemptions the special permit granting Authority and this is not a special permit uh May exempt an application and you're asking for an exemption from the requirement of 2472 provide the applicant demonstrate that one nutrients from the development will not in fact be discharged to the designated water body or public water supply well you haven't done that although I don't think it is going to that but you haven't done that and tell me if I'm wrong the development will not result in any increase in loading of the relevant nutrient you go from zero to building these so day one that you come live you're now adding to it now these bylaws can be very confusing so I'm I'm going to certainly be happy to be corrected um in addition to the exemptions found in 24 7.2 B4 A1 goes on and on and on any development that is in the recharge zone of a coastal pond proven to already exceed the limits well you're at zero now so you're going to go past that so then you get into 13.1 recharge zone for a b c d so forth and so on and it just requires more it appears to require more than you provided this board certainly we have no I have no knowledge of what your um test results provides this board just says you're going to create more nitrogen load but it doesn't so when we wave this if we wave this right I don't think we know why we're waving it you haven't told us why we should wave it and everything about it says we probably shouldn't wave it and that you're going to have to prove that you're not adding more nitrogen uh to the coasta overlay district and Madam chair through you to our uh zoning administrator have I even come close to outlining that no you're right okay you're right on the money you are on well I just want to go on if I could Y is it all right y on um so let me go back to my notes if I can find them um I don't think you have shown this board why it should wave it because on day one that you go live you've added nitrogen to it um we have I don't think we have some responses from uh town department heads uh one is I think I talked about before the SE line you cannot uh connect to uh um the applicant has stated that they would comply that you would comply with the Board of Health if they require you to put in IIA systems is that correct that you would comply if they asked you to uh install IA systems if it's a requirement if it's a requirement that we have to comply with we will of course and it's we know someday that's coming whether it's from the DP or from the town yeah here so when that comes we have to comply so if you're if you're stating that you would comply that means that you have set aside money and funds to do so is that correct no that's not correct well how would you comply we can go borrow the money I guess well add it to the construction loan uh this kind of a hypothetical but what we had planned hypothe because this town is very close to making some decisions about the installation of IIA systems and I think we learned from uh Z administrat that there have been some department head meetings where it indicates it very close I don't know where they're going to say the first ones go in maybe you're going to be 5 years from now none of us on this board knows but the fact is they've asked you to put in room for the Ia system which means you have to be prepared to do that and what you're telling this board right now is you may or may not have the money to do that I'm not telling the board that you interrupted me before I finished answering your question but I'll let you finish the overview and then I'll answer your question all right so I guess I guess that one of the other things that uh I think it might have been uh the head of the director of Board of Health he had suggested at one point in time not I'm not sure to you but I remember seeing something read something that you might put up a u a u escore account for IIA systems in the future uh that might have a 10-year uh Sundown limit on it so that's something I think needs to be considered that if you're not going to put IA systems in now we know you're going to affect the nitrogen load uh you're not prepared to put IA systems in right now uh you may or may not have the funds set aside or you may have to borrow them to put IIA systems in uh but I think it has to be something that this board has to very strongly consider now I have been advised U by very experienced um administrator that we have to be as a board very consistent in what we do with regard to I systems and we can't tell you to put something in and tell somebody else to put something in now one of the things and I think that we are being consistent because every project has to stand on its own and every new unit that is added to this town in a coastal qu overl district is a cumulative to the nitrogen load in this town so I think we are being consistent when we look at you one way and another project another way for instance on zero acap pescuit it was uh they didn't they didn't require an IA system because you're going to have I think it's either phase one or phase two a sewer system going down acap pescuit that you can actually tie into and you're putting a uh SE line in so you can do that here you're not going to be able to do that um at 511 I think it's brick Hill Road they either volunteered or we required them to put it I wasn't on the board then IA systems but we were closer to public water at that point in time so I just want to establish for the record that we do look at these things very carefully each project has to be looked at for its own issues and concerns and the fact that every every unit that comes online in this town right now is adding a nitrogen load so I just want to make sure that when my concern and maybe other board members concern are that you're adding nitrogen well you shouldn't be that you prepared to do something about mitigating that and I don't think you've shown that in your report I don't think you've complied with 7.2 I don't think you've complied with seven uh with 13.1 and I wouldn't know I wouldn't have a clue why this Bo would wave it other than they would be afraid of an appeal and I would not be afraid of an appeal when it comes to uh public health I'm I'm done what was specific question breath go for it what's the specific question we why are we asking for the wa why are you all right the spe primarily what I'm doing is putting on the record that you have not comped IED with asking us for a waiver of 7.2 right you've given us a report but you've not complied with the rest of 7.2 is requirements and therefore why should we give you that waiver why should we not compel you to put an IIA system in and and I mean this this problem exists and and it's growing but I mean you also have to to look at the fact that if this piece of land was used conventionally I mean how many units would we put in here two um I I think it's it's it's it's sorry I think it's too much yeah well I mean we we've just sewered the the same area that this is going to contribute an abundance to I mean we have another project which I can't speak of um I'm totally extremely uncomfortable with this I mean there's no argument that can be made that this isn't going to have a dramatic and adverse effect um let's like Nick Nick try to answer I just wanted to kind of flush out just to answer the question if you would please kindly um why why we should wave it 7.2 the CP overlay district and why we shouldn't compel you in whatever Powers we have to install IA systems in there just for the record so we're asking for the waiver because we don't comply with the local bylaw this is we do comply with the state at this point we may not six years from now it's you know they've issued guidelines that or restrictions on the town that I think a year ago they gave you seven years to do certain things or they're going to require all these systems to become AI systems so if that happened we would have to comply with it because it become a state bylaw we're asking for the waiver because it's it's makes this project uneconomic to it hurts the economy of the project to have to comp with the IIA system M if we we know we're going to have to put it in someday because we also know from my conversation with Amy L that we're not looking at sewer in the next 20 years in that site maybe longer so so what we do is as we build the project and get some rents we would stop putting some money aside which we do anyway reserve for future replacement for roofs and siding uh there's there's minimum requirements in these comp that you have to put a certain amount of it's not a lot of money but you have to put a certain amount of money per unit aside every year I think it's $350 or $325 a unit per year has to be put aside as a replacement Reserve in a separate account so we could use some of that down the road but have to do it up front it's very uh very difficult can you we ask for the waiver can you um tell us this board how much on average Title 5 septic system cost for this project per unit I I we haven't quoted this one out yet but I'm going to guess it's probably around $150,000 per unit no no 150 for the whole for the whole leeching field and collection system yeah so that's roughly how much per unit though that's uh 3500 a unit pretty cheap for a septic system yeah that's it's a I mean when when you when septic systems a generally what 15 to 20,000 Title Five yeah it's a little different when you get the site work out there and they're doing as they go and the soals out there are terrific so go ahead Mark you get another one you all set I I'd like to follow up later though um you just uh uh said that that would make it uneconomic um I'm not quite famili uh with exactly the ins and outs but the fact that you stated that don't you have to prove it to us with figures I'd be happy to you want to quote on an IA system that's you I mean we've done this before we've done this exercise before on other projects where we've asked for the waiver and it always come back with a huge difference in price and they're getting more expensive now cuz they're as they see that these things are going to be required they're like a money grab now so they're just gouging well I mean we not very many hundred yards of away from this project we just gouged everybody and it's going to be a short period of time before this nitrogen flows and except and affects those exact embayments and I mean I just go back to what I said the last time I mean if this property was used the way they calculate all the other property you'd have you know what a couple of units on it now you're looking at 40 and and I mean it's it's it's an extreme adverse effect and I I have a problem with this waiver that's for sure it's going to cost cost the town a lot to keep their 3% that's the problem so and it's going to cost the embayments so my quick followup is that you produce this n your table W nitrogen loading under proposed conditions but that's all does it did not follow through with the rest of the bylaw so yes it does cost more for you to put IIA systems in versus Title 5 but you're asking us to wave it we don't know as a board we aren't septic contractors we have no clue what it c i i do I have I know what it's going to cost but I don't think it's the board if when it goes to vote on a waiver would understand at least I don't want to speak for the rest of the board would understand why we should wave it if you've not complied with the rest of the of the bylaw in telling us how does this nitrogen report affect the property and what you're going to do to mitigate it or what you should do to mitigate it and then State uh why uh it would be inappropriate for us to do that now you said it's going to be too much money to do it and uh so maybe it's that we require you to do it some point down the road I I don't know the answer to that question I'm just trying to get information uh for the record that's all so would you be willing to finish out the rest of the requirements in 7.2 or are you just going to let it lie flat the rest of the requirements mean get you 7.2 requires you to do certain things if you read through it all right it goes all the way to 13.1 D on on paragraph 4 and um you have not complied with that you've not shown this board why you stated that it's just going to cost too much money okay we don't know that we just stated it I mean $3,500 a unit I don't think I've seen that price since uh 1988 anyway I don't I don't want to be funny but you've not you've not proven anything to this board as to why we should wave that that's all I'm asking why should we wave that just because you asked for it no I don't think we should nitrogen is too big a problem in this town right now and this town is under mandate by the state to do certain things and we've bought some time so that all of us in these overlay districts that are going to be forced into IA system soon can do it effectively efficiently they're going to there's potentially maybe some money from the state that might come along to support uh the people who can't afford to do it and and I don't want to see this applicant scared by and just get to add the nitrogen just because it's a 40b I don't care just because it's a 40b I want affordable housing but I'd like to know what the plan's going to be and why we should wave it and it's not because it's 40b and not because it's too expensive at least give the board information in which to make a decision so I'm asking you if you would kindly comply with 7.2 so this board can make a decision provide the EXP the cost for that se septic system since you brought it up that's too expensive that's all I'm asking I'll leave it at that I mean it's on the record I'll leave it at that and it's up to the rest of the board yep Nick you all set down there yes right now you want I'll get off nitrogen for a second Mr M I asked you at to previous hearing um and represent on the landscape plan we've heard testimony from one of the owners on Sophie Lane regarding the encroachment onto the property uh do you have any followup regarding the status of litigation against the property owner no uh you're are you currently the title owner are you still just operating under a purchase and sale agreement no it's it Dan mclone owns the property in the LLC has he been served with a lawsuit yet yes okay and I believe that just to make sure it's clear you indicated that if the autter is successful in their suit Nei Superior land Court it would most likely result in one of building 5 being removed is that correct that's correct what if they get a little bit more than you're expecting you're going to have to take a building four as well I don't think so okay Madam chairman through you I just I don't know if there's anybody else on the board that's concerned about this we don't know we don't know how much land could possibly be taken and that could be a sub significant losing four units two buildings possibly is that that's a that's a big what yeah so I have some significant concerns given that there's pending litigation it's one of the preliminary questions on the application to the state is this parcel under subject of leans incumbrances or litigation so while the applicant may not have known it at the time that they submitted the application it's a substantial red flag for me um thank you thank you for your CER update on top of others I might add sure anything for you want have anything else Mark before we go to the public no I think Tony covered it but I mean I I don't see um 7.23b um and then I I I'm I'm going back to the garages too I just question oh go ahead um just a couple of points I would like to follow up on is there going to be a crosswalk across brick K road to the South Side that's going to gr okay it's shown on the plan at some point um I believe with respect to that retention Pond there was supposed to be some information brought to us that there was a twoot separation between the bottom of the of the pond and groundwater has that been done it has and we did you submit something about that okay thank you I I um and just for myself what will be the mix of affordable units by bedrooms I think I think we put that in the application but it was um I have it here and also uh it's probably in the application but i' like to get it out here sometimes something in the application isn't really revealed in public so I'd like the mix of the affordable units by bedrooms and also by by percentage of the Ami I'm Sorry by the percentage of what income percentage of Ami the Ami oh they're all they're all at 80% Ami although we have applied to FMA housing fance affordable housing fund for additional affordable units some 80 some 100 okay and the they've accepted our um letter of intent and we're in the application stage now so um I'm I'm doing this from memory but I think it was six I think it was six Studios three two-bedroom and one three-bedroom units were the affordables do we have a plan that shows that you say that again I I believe there was six Studios three two-bedroom and one three-bedroom unit we have not identified the units yet but we will have to for final approval in the in the regulatory agreement okay that time coming back I think that's right 17 and What's the total number of bedrooms six in the whole in the whole project oh 12 62 pardon me 62 34 okay so that's actually slightly [Applause] over just one followup question you've been talking a lot with other members of the board about the nitrogen there but is it your position that the coastal Pond overlay District does not apply to you but you're asking for a waiver of it for general purposes is that your no I'm I'm I'm implying that it's a state bylaw the and that we're not subject to it you have a local bylaw that we're subject to that we are asking for a waiver from and it's it's up to you to decide whether that's something you want to give or or not and then you've made your decision then we have to decide what we're going to do okay that's local board I have a couple questions for Matt if I can do you have the November sheet the November write up that you did yeah number eight I don't know if you guys all have this I don't see that being addressed yet which which date are you on the November 11th Beals in Thomas want to read cap this video oh you want me to read it oh so regarding the septic system like being like in so would you explain oh yeah so for the record back Cody BS Thomas uh we're peer review engineer on behalf of the board for this project um there has been some precedent set for so typically it's it's it's it's not ideal for the setic system to be under pavement but it's often allowed and there is precedent on some of these other projects I guess noring can correct me that the Board of Health agent has said that's okay given it's got the proper design parameters where you whe it's like H20 loading Etc so assuming that like so when it goes to Board of Health they'll have to show that they're doing those things for the agent to approve it okay but otherwise it's again like not ideal but not necessarily prohibited okay the uh moisture conditions if you will in this area which are fairly evident would actually make that more um or less of an issue is that the case cuz there's there's so much water flowing through that thing would it oh meaning I guess I mean I mean you don't want an impervious area over a septic system but the but there's so much and I'm just right I mean whether it's I guess under pavement or below pavement this the system's going to going to affect this this how the system performs assuming it's in the proper you know it's backfield and comprised of the right materials you know it's is going to see less water being below the pavement like you're not going to get the the infiltration of rain and things it almost like protect it in a sense but the water's all getting in the ground eventually and there's water plenty of water in the ground around it my point anybody have any questions for Matt while he's up no I just want wanted that one I appreciate it and I guess and just I guess for the record I mean just for some of the other things that test pit was done okay um it got down so they still didn't hit groundwater technically um it's hard to see models and the different evidence you'd see in Sandy soils um they did get down to an elevation of about 14 ft um which is which is 5T below the the lowest point of their system um which is adequate you know per the regulations um they need to show that as mentioned they need to show they 2 ft below they not hitting groundw they're 5T below not hitting groundw when was that done uh a couple weeks ago I believe correct granted we we granted we're coming off a drought very very dry correct so uh this could have a a profound effect be being I mean with the with the requirement being 2 feet and they're 5T having a you know it's pretty significant I mean they're pretty below it I would imagine but to your point but but to the point they have not like actually found it and established it but they got down 5 ft below it and called it good and I we're comfortable with that did you want Mr Cody to address the a Butter's concern where they were at a low point and there was going to be drainage directed toward their garage that's a great idea yeah okay so to that end so so so to that point again like per the regulations the storm water system has been designed in accordance like with all those requirements we understand obviously there's a concern with you know concentrating a 4 acre parcel and concentrating it in one you know collecting it and putting it in all in one area it mean so they've demonstrated again per the regulations that they're doing what they need to do um if the board is not comfortable with that I mean there are different avenues that to one like they still haven't determined where the actual groundwater is we could have that you can you know make that requirement whether it's a modering well or something that's actually going to get some data on where the water actually is under those systems um but to you know but to the point that you know what they require you could have them do a mounding analysis of like because again they're capturing the water per regulations the rate and the volume they're they're mitigating those things like what's physically coming off the site but that that doesn't really give you a good sense of what's happening with the groundwater table itself typically when you get like when you're within 4T of that groundwater elevation that's when you start to request mounting analysis and different things again they've demonstrated their 5T so it's not really something they need to provide like PR regulations but certainly something the board could request if there was still like a you know a concern or an uncomfortability with you know that assumption again like and to the point I mean whether it's us designing system them designing system I mean this is all a bit theoretical I mean you're it's until you actually get out there and dig it and put it in it's it's hard to know what's going to happen but per like the guidelines the assumptions they allowed to made per the regulations what they're proposing seems reasonable have a question go ahead so let's say that the board did require them to do to model this to the and we found out yes is a is a concern but yet earlier on everybody said well it's not in the regulations they're doing everything they're supposed to do per the regulations so how would we then compel them we found an issue through modeling why would we put them through that process if we couldn't do much about it I mean I would love for the neighbors to understand I I would love to know what's going on but I want to understand how we correct it if there's a problem how would we correct it how could this board compel that to be corrected how could the town compel it to be corrected no mind the board I guess you mean like after the fact after the fact yeah well after the fact is it's unfortunate that it's yeah it happens all the time we see it all the time now on our project and other projects I mean things you know like they're designed per the regulations but they don't all all function as they were intended unfortunately now what uh monitoring monitoring well the a prudent Sentinel um to to uh some impending problem I mean before it floods out the oh no no no I know that would just get you where the groundwater table is you know better better understanding of that data I don't know it wouldn't necessarily tell you I mean I guess you could see I mean it's obviously it's going to fluctuate yeah but so if it comes up a little bit I wouldn't think you know like Doom is impending but it it's it's data it's data points a question to the zoning administrator about this issue through you madam chairman that's all right go forward noren have we conditioned in the past uh on projects like this uh especially with apartment rentals that the applicant must maintain the drainage system or improve it if need absolutely I think that would to at least satisfy some of the concerns of a Butters that the system will be maintained or modified if You' be so they're not going to end up having to initiate litigation if there's flooding yeah I think you know not I shouldn't speak for them but I think their concern was that while the water's being managed with you know from the property is that then going to recharge and wind up in their septic system or into their yard by the way the groundwater just moves and and I don't know if that's something that they can address or right I mean that's I mean that's a fairly complicated analysis that's not required by like the regulations unfortunately so it's not I it's something I mean they could volunteer to do it you could request them to do it but like they're not like required to demonstrate not in your opinion it's not out of the realm of possibility that the gears are entirely correct no it's a it's a concern but but it's hard to but it's hard to quantify a concern yes like a definite issue it's hard to know I mean I mean the the the the volume like I said the volume of water getting on their property that the rate of what it's going to be much less but you're putting it in the ground and then what happens to the water table is kind of that unknown so so potentially potentially part of the issues now is is is whatever is coming off so the system and initially and maybe for smaller events could help you know keep some of the water on the property say that again I'm sorry would you I mean what so an existing condition now whatever it's I think it's kind of a hill I whatever's coming down off the hill towards their property is no longer going to be doing that so initially there might be some benefit as well like you know it's going to it's going to be you know it's half a one you know six one half a dozen you know it's like there's benefits but then again that water is getting in groundw and then be the groundwater table Rises um we did know I mean I mean they're they're the lowest property on the street so I think they're getting they're getting storm I mean the the the just Brick kle In general doesn't have curbs so just water from coming just water from the neighborhood in general is getting to them they have those couple catch basins out in front of their house it's kind of unclear what those are or where they go um if those aren't functioning properly that could be contributing to the issue um there's there's lots of factors that go into this other than just you know a new storm water basin next door so that's why I say it's a much more like complicated analysis than just saying like is is it or is it not going to like be an issue there's lots of I mean you I mean you can get into like you know having them put like a liner between like at the property line um is a potential issue you know like to force the water at least Force the water down instead of it like kind of you know it's going to go down but then kind of work its way out you can force it like way down and then before it goes out I mean there's different things that could be looked at but again for the regulations they're doing what they need to do how uh how uh deep would a liner have to go to in order to have like 8 or 10 feet would that be sufficient to have a positive effect on there you'd I guess you'd want it to be off top of my head if there if there I think I don't have in front I think there you know the backyard this thing is roughly elevation 23 is you'd probably want it a couple feet below that so on so on our side so on their side I think they're the know top of the Basin is like 28 29 so you're yeah something something like 8 10 ft would probably be sufficient would make a diff you know at least it's forcing it down and not letting it like yeah and then it'll go out it's going to go down it's going to go down and out instead of just start getting you know a couple inches down and starting to go out just and I know I can't hold you to this um that would be pretty much the length of that property line yeah I guess we we on that planting plan maybe like in like in that corner uh that would benefit the uh growth of their trees as well it would maintain the water there so the roots would actually provide more of a benefit I mean I know I can't hold you this you might not even know but what what what kind of a cost would that represent I that that's a I mean I mean $4,000 oh no I wouldn't even think it's that um can you name the system that would be used no I mean not it's just just just any kind of line just anything that's impermeable that would you know basically just you know in simple just the pool liner yeah basically just making just something that would not let the water go laterally it would force it down just a trench with a right with a lineer in I mean as far as the cost I guess I'd have to look closer I mean again because I mean obviously I think they're trying to mimic existing grades so now now so now you're having them excavate like at the property line to get this down and get it in you build it back up so I mean there is obviously is cost associated with it planting there anyway so that would but on top I mean they would have to dig down I mean you were talk about digging down 10t just to get a liner in then bring it all back up down three something yeah yeah I I I I I have a fist full of concerns here yeah I mean I guess and I guess like to the point I mean and there's obviously you can do more test fits you can do all kinds of things it's again we've coming off the drought if their yard if their yards at you know roughly 23 they got down to 14 and didn't hit any groundwater so it's hard to you know it's hard to say what's really happening out there I mean they that's and that would be depending on what substrate could change and we're not even aware of what it is right clay it's it's one hole it's it doesn't characterize a 4 Acre Site the thing is I mean Mr Gary's business he's he's familiar with these things and I'm sure he's seen what he's worried about happen numerous times in numerous places and I mean I'm not I'm not an engineer all the way to to go to an engineering school um and you know sometimes you dig an extra foot and you find something completely and I guess and that's our concern not necessary concern because it is but like they didn't actually find the groundwater table that's what happened to our sewer plant another couple of feet they would have found out that it was all Legend clay yeah I mean they got down you know to demonstrate their two feet and their 4 feet but they didn't you know actually determine it I have a question the applicant is requesting like a contractor's garage do we need to have anything to reinforce the bottom of that for like fuel or salts or any since it's in coastal overlay is there anything we need to I wouldn't it could be hazardous material in there I wouldn't think so not I mean traps anything like that no I mean because it doesn't sound like it would be anything more than a you know I mean granted multiple pieces of equipment but nothing more than like a you know a typical he said for other projects in town are all going to go there I'm just worried about the groundwater and like if the spill of oil or well with any I mean obviously I mean any any spills they're going to have a they're going to have a Swip a storm water pollution prevention plan and and within that all those kinds of like spill prevention and different things would be part of that's part that's part nothing extra for this I wouldn't think so other than like just the managing of the Swip I this might go beyond uh what we hire you for but uh sure you've been on Plenty of 40b projects isn't this kind of unusual for the owner to store his own you store equipment for other places in in a project that's um is these allowances are attended for affordable units not to make their business more affordable I I just it I'm bothered yeah big time I mean I mean look at the size of this thing yeah you can only put two doors on it try to make it it's 60 ft long and yeah no it's not that's not a couple of pieces of equipment and you know some smoke alarms and some screens I mean it it appears that there's some substantial plans for this and I'm I would say t typically like an auxiliary building like that is for like some kind of parking use right not that's why I'm wondering if we're not going to store all the salt for all the projects in this one area don't know you know who can say that that's not going to be the case anybody on this board no there's also seven parking spots based on the calculations for zoning that's are included that are not now not going to be seven parking spaces yeah that's a very good point as well counselor yeah anybody else have any further questions up here or for Matt or well I have the questions of the applicant applicant yeah later anybody have any further questions for M no's here Tony just a quick question and I I know you don't want to keep talking about nitrogen and IA systems and neither do I frankly wouldn't it be better to try and work out something with this board now rather than to have us compel you to do something that you really don't want to do now for whatever the reasons may be spend all that time trying to get that fixed from your side of it would it be better to come up with a plan now to deal with IIA now you're going to eventually put them in you don't know when you're going to put them in we we I don't believe I should say we I don't believe you've complied uh for the waiver uh I'm hopefully going to convince the rest of the board that you haven't uh but wouldn't it be a good idea to at least consider doing something with IA systems now rather than when you are forced to do it and having to borrow more money because you don't know what's going to happen you may not have time to put aside $350 a unit for the next 400 years to have that money this is the time to work it out not when we write a condition that compels you to do something you don't like it and then you waste time trying to eliminate that and which which it is for a developer that's a waste of time time is money and this board can compel you to do something would you you may not like it so this is the time to work something out and what I see is that you're not ready to do that I I don't know where you're going with this what do you mean by work out I'd like to see you I'd like you to say we are going to put IA systems in all of them we're going to put IA systems into 25% of them we're going to put IA systems into 10 of them or something of that nature at least get the whole thing started so you can at least begin to mitigate the negative effect you're going to have on the coastal Ponda District I'm pretty sure it's an all or nothing thing I I don't think we can one one system no no I mean I don't think we could do 10 units or that's right too it's one system it's one it's one system so it's either we we put in an IA system or we don't that's that's the problem yeah well I'm not familiar with other than a wastewater treatment plan which I I'm not suggest you do because that doesn't even do the well it does do the job if it's done well enough but just because you have one system that's a matter of how you've configured the site am I correct yeah certainly it's it's most it's most economical way to do it most economical way to do it I guess then I still would like to see you agree to do well there's nothing you can do with one system that's the problem yeah I mean you know we don't we're going to have to do something someday so let me let me let me ask this question then let me just go to that I'm not I just can't I'm sorry but I just can't let this go for this this second because I don't think there's enough of an answer so you've got this joint septic system right in the middle there and everything connects to that am I correct that's on plan number two plan 7 to 15 and also down below further down there's no way of you doing something with that where in and so you've put in the space for the Ia system if can you put that PL yeah there is where show us where the uh space for future IA systems would go so so I guess I'm going to go back to why don't I just put them in that's not that big a deal it cost 3/4 of a million dollars a to do this I I I don't know that I haven't seen a quote uh I don't know that I think we'll be happy to get your a quote but I think you do know that that these things cost oh I know that yes yeah so I don't know I'm unfamiliar with my own personal experience I'm unfamiliar with what one would do with a system of this nature I know what it would take to do one house and I don't know how to multiply that to something as effective as having this one large system and then adding what appear to be 1 two three four tanks four tanks IA tanks three of them are going in anyway so so I don't understand why you're just not going to do this I know you're talking about cost but I I no one's proven that in other words I don't think this board should say that you shouldn't do it because I said it's going to cost more money but that's what ia systems do and that's what you're going to be compelled to do at some point in time because you're never going to tie into the SE line and he's the one that said they're getting more and more expensive by the minute and that's another good point so I don't understand why you just don't like the bullet and put them all in right now we're we're requesting a waiver and if you know please make your decision on the waiver got it and we talked this we talked it I appreciate that I just wanted the board to hear this that's all go ahead Mark um I have a question for the engineer um our Pier engineer 7.23b basically it says however the reviewing board shall not withhold approval of the of an application if the applicant provid provides measures for the reduction of the nutrient loading rate on a pounds per acre basis this this I was wrong with my math earlier this um piece of property um the way the current zoning is could have 4.6 units and we'd have to round that down to four uh what's the pounds per just roughly per acre basis that would provide I I'm not I don't know obviously but obviously 40 is a lot more than four um 10 times yeah so I mean these things are are Broad in terms I mean they're they whatever I mean they're they're reviewing all of Cape Cod and they're they're using the same standards blueprint or whatever so I don't see how we can get by B uh uh uh 3B in in 7.2 um because they haven't demonstrated that um that on a pounds per acre basis to a rate below which would produce critical you uh utopic levels in the receiving water body which is just down the street I mean there's absolutely no doubt that this project as proposed without a denitrification system is going to produce 10 times the rate of what the allowances for are I mean if they were you know I mean they're coming for individual houses very soon probably with the next 5 years I mean this is 10 times the damage if you will um I'm I'm a hell of a lot more uncomfortable with this project now than I was coming in the door this evening and um and then there's a few other things just added on that I think are border on abusive I guess I guess I guess taking a step back there is 40 units but I think the discussion earlier was about 60 bedrooms 62 62 yep so assuming a typical three-bedroom house it's not 40 it's wasn't it's not like 40 houses I guess what's the what's that math well three times uh 3 * 4 is 12 12 * 5 is 60 so it's five times plus so so it's yeah so it's that 12 houses versus four so it's so it's another you know so it's 10 times more but it's yeah it's it's well it's certainly not on a basis to a rate below which would produce I mean it's it's not below it's it's five times higher plus don't disagree but I gu I just clarifying it's not yeah I mean I'm sorry because there's like Studio units and things I mean it's it's not typical house but yeah I mean you know but you also have to consider that especially around here three and four bedroom houses on average half the bedrooms aren't used so it brings this back to where I was in the first place at 10 times because you can be sure every one of these bedrooms is going to be filled and every toilet sorry and any further questions before we go to the public no everybody good you guys ready come on up thank you sorry we had a lot of questions to Neil Gary 77 brick Hill obviously the subject of multiple issues I had my my script ready for when I came in here tonight with the garage which obviously I'm not object to large garages but that one seemed to have an ulterior motive um and you're addressing the septic and the runoff and with the engineer who brought up that yeah there's a concern for the bringing the water table up in that area so basically all the things that I had on my list to bring up you've all more than adequately brought up addressed and I just wanted to wish everybody a Happy Thanksgiving and a merry Christmas I missed my week I already ate my turkey yeah I know well you know I just want everybody to have a happy holiday and I appreciate it thank you anybody else I don't do well speaking Christine a little Blanc so I want to you brought up about the claim so I wanted to correct Nick what he said at the meeting that there's only one building being affected I'm filing for 4,400 Square ft so I don't know if you realize it is going to affect two buildings um and so I want to know how is this going to go affect the project going forward if two buildings are being affected from my prop the property that I own I maintained it for 27 years so I'm stating that I own that property and two buildings will be affected and how does that well you kind of said you were kind of in question so I guess the answer was kind of it does How does it go forward Norine wouldn't this become if that did happen if two buildings a substantial change right so the way the decisions are worded is if there's a change to the development they would have to come back before the board so presumptively presumptively I say um because the other part too is that if the board approves this the developer does have the right to proceed at their own risk at their own risk so that's part of the problem here too is what they do with the issue about your property so that's unfortunately a separate civil matter but if there is a change where you know you're awarded a piece of the property the developer would have to come back and discuss whatever changes with the board because there would be a change in number of units or configuration or something so we would have to look at that at some point but I don't think we can proactively determine how that what that outcome is going to be can I am go ahead um no to to Norine Norine and to James uh and I I'm not does not the applicant have to demonstrate control of the property before an application can go forward and I don't see that the demonstration that they have control of this property is absolute my feeling with and I'm not not not offing a legal opinion Bing legal opinion I'd suggest he's got control because it's registered at the the registry of deeds but it's subject of litigation but again this is is a we don't know we don't know this is a big that's a big chunk of land two affecting two buildings is that that's concerning for me but certainly in my I mean I'm just a lay person but it it it's not an absolute demonstration of control which um is kind of a necessary thing in in in in real estate amongst other you know I would I you've done a lot more of these I guess what I would tell you is in order for an applicant to file with the zoning board they have to have control of the property control means either a valid current purchase and sale or they own it outright but to get approval from the state one of the prerequisite questions is is it subject of leans incumbrances or litigation right but I I'm understanding that happened after couldn't have been something that they would have known in advance so so we don't have a lot of good answers for you I guess is the answer no I know I was like my lawyer said if you needed him to come in for if there's another me I'll bring him in but you know I owned the property for 27 years maintained it and um it's 4,400 Square fet which it does affect two units um two buildings or two units two buildings so actually Four units yeah um when you going back changing the subject about the water where you guys were wanting to know so it's 3327 and then it's Jennifer's property and I don't know her house uh the other map shows that better and then if you could use the cursor just all right you do it for me cuz I don't you talking about your property and the one next to the one that had the uh that was slightly larger cuz we actually had the the one that had the what it was a slightly larger it didn't actually show Sophie Lane but didn't you have one that was yeah I think had a little bit more went beyond your property line yeah there there you go or just roll that one down I think would be sufficient this one here no no the one you were on I think if you just oh that that's right there that that one okay now and can you just give her the curse or she can tell us my house yours is right yours is right here okay and then that's can you use the cursor and show us where that puddle is for starters okay so can't really see from here so I'm here that's 20 33 27k then Jen's property is right here Jennifer so right here is just like this our road was all beat up and it would flood right around this area and we actually had to Zoom um group together and have it tired and fixed and they rebuilt it so the water would run off down to that area that um Jennifer and Troy were saying in the back of their property there's like a puddle of pulls up there so it's on the corner it's like right here cuz if this is her property then it's right here there's a TR there was a you know trough going down down and there pools right here so the road got f fixed to put a a heave in it so it drained properly and go into that puddle down down at the back of the property which will bought this project so that I wanted to show you guys where it really was cuz nobody really okay so that's the puddle I'm familiar with it before it was fixed yeah I know it was a night seemed like it it it kept flowing down but it flows onto the property front and behind so it it flows so it'll be our backyard it flows into the backyards which would be the project behind the border of the the border of the project up so that's where that big pool collects goad you have a question which duplex units uh are you talking about number five and number four yes you can see the outline shed I just want to oh there's my shed okay so I just wanted on the record that the lawsuit for I think it's adverse possession is affecting Lots four and number five buildings uh buildings number four and number five yep okay I inquire what the proposed setbacks are right now building four and five if before the encroachment you're asking that yes that's actually Mr marioni question again please what are the proposed lot setbacks between building four and five to the lot line 30 ft 30 ft thank you I just have to I just want to say something that I'm sorry to interrupt you ma'am oh sorry I want if everything is about you know the economy the cost of the project would it be less if it was a smaller project instead of being 40 units who the chair please oh yeah sorry thank instead of 40 units 20 units as we all kind of like the buril place make it a smaller so it's not so then the cost would be less so maybe that A1 system could get put in and and it wouldn't be financially draining for the Builder well we let the applicant address that thank you thank you that you want me to answer that sure no it wouldn't be we still have a lot of the same fixed elements lot less lot less nitrogen for the rest of the Town lot less impact yeah okay anybody else come on hi there Christine Gary 77 Kil road again just to go off of what my husband said thank you um I'm glad that we're not the only ones who are deeply concerned with the issues that are ahead of us um and I really appreciate that on another note um I'm not quite sure why they're bringing in Phill and dumping loads of dirt in the lot on 85 brick hilm road when they don't have any silt fences or anything up but they are going in and out of there with trucks dumping dirt so I thought when I read the documents like I read it states that they are not to do anything until they have their property fully ready for construction with with the silt um socks and fences and then it has to be approved by the board but they're bringing in loads and loads and loads and my concern is again runoff having that going into my yard or you know just going where it's down the road again so how recently today W more than one well several so I just want to make you aware of that um did not go by today did you inform the Building Commissioner um no I found out on my way home when I saw the dirt tracks coming from the lot because there's never any action over there no driving or anything but there is was quite a few uh back and forths and I did talk to my husband and I talked to our neighbors who abought the property and they said the same thing that they heard the trucks in and out of there so can you ask for an explanation uh no I I just got here I know would you ask for an explanation right yes could we have an explanation as to why things are being already brought in onto the property when it hasn't been approved or it hasn't you know been set up with silt socks silt skirts or anything per what the requirements state for for beginning of construction and approval from the town would through the well we have not granted them authority to do anything no so that's that's an storm water permit depending on the and would that also include them just using it for say storage for some other uh project same thing would apply let the applicant answer the question I'm sorry madam chair no let the applicant come up and address Mr  this is all news to me I'm totally unaware of anything that happened out there today but having said that at this point we're not subject to any terms of a comprehensive perit because there isn't a comprehensive permit but I I also understand the concern we're not cutting trees we're not clearing anything it sounds like we somebody brought some material in there to store it and I don't think that's a violation of anything if there's not a comprehensive permit how do we even know it's clean it wouldn't have to be a compr I can't hear you I'm sorry how do we know if it's clean it's clean clean dirt it's not funny you don't even know what happening the uh a brother is standing behind me saying it's clean Phil that she's observing going there I was try to help you mam go ahead Tony when something like this happens uh uh on property control by a purchase and sale agreement you know unless it's in your agreement then the current property owner in other words telling the property owner he can't or she can't do something how much control do you have over the property right now other than you have it under agreement no we don't have it under agreement we own it they own they have title oh you have title and you are I'm missing things so you are the that's lot a lot of information going on here so the other property own it you don't even know what's going on you're having material he not the I know represent you are the property own rep you don't know what's going on even though you come before this board so you're property owner the person you represent is doing something that they probably shouldn't be doing I wouldn't say that no I don't see why he can't do that I'm not sure what he's doing but I I don't think he's violating any enforce any uh rules of you don't know what they're doing you don't know whether he is violating or not violating standard Madam chairman if I may we it's very concerning and I think the board is very much concerned when we hear such but we're not the enforcement arm that has to go enforcement must go through the building commissioner or inspectional Services because we don't know what we don't know and they may door toown engineering if there was a permit or conditions then yes that would be actionable but again it's an enforc issue and we're not the enforcement arm of the zoning regulation so thank you for the info it's concerning yes uh but I would suggest that complaints for enforcement need to go to the Building Commissioner okay and that would be done through um can I do that over the phone or through the email or contact Miss Stockman show inform contact the building department okay no erosion control isn't just limited to a comprehensive permit you know I mean I'm working on something right now that has it was uh um I mean it's pretty standard and Engineering has control over dirt in the roadways because typically if there's construction activity however it is they require people to clean that up afterward that's not the town's issue so even though it states in the um the application that would still go through that Department versus here building okay excellent all right thanks thank you and thank you for all you do okay thank you anybody else y 80% chance of rain tomorrow 70% chance of rain Saturday in the afternoon so much for that stillo be good evening 4197 brick Hill Road Mr Duffy I'd like to address your questions about the dumpster originally the dumpster was how do you move this picture can you move it up so you can show me where the dumpster used to be used to be okay used to be here that's an old plan is still showing the dumpster that's the dumpster there that's the old my concern was brought up because the dumpster being here that large dumpster truck would have to make a 4o turn to get into to pick up this dumpster right which would also block the road from the people going to work second point is the coyotes live if you've ever walked this property the coyotes live over here this is their habitat okay if you put the dumpster here coyotes are going to walk through this whole project to get to the dumpster you're going to have children meeting the bus right here that's a danger to the children at this coyotes feeding in this dumpster if you put the dumpster over here the truck can come up this way and come straight in and pick it up back up and leave not blocking any traffic and leave in half the time the coyotes would be able to come in here if they're going to come in and feed in the dumpster the coyot coyotes rodents whatever there are all these properties that border this project have fences not all of them but mine has a fence and the coyotes aren't living in these people's yards they're living out here and they're living in the old Drive-In across the street and all that vacant property that was the concern of moving the dumpster well that brings up a question then I assume there's two-way traffic going in and out but when you have the circle is there going to be one-way traffic around it or two-way Mr Marion it's two-way traffic and how wide is that road 24 ft 24t travel Road Trav travelway driveway you're going to have two-way traffic going around the Circle yes all right to address the other concern the this is my property right here yep I was ordered to put up a retention wall along my property so that Spillway that comes down from Sophie Lane is not coming into my property it stops right there on the edge of the property okay because I had to put up a retaining wall I was ordered by the town to put up a retaining wall so that water no longer comes into my property and I backfilled the property along the wall so uh the representations you made about the Contour tours and the water aren't accurate in light of the Town um requiring him to put up a a retention wall to to stop that water correct you would know you own the property that's right so the water doesn't come anywhere near this property any longer doesn't come on to my property it goes down into the Watershed I believe right here okay so it still doesn't it still does this way no all right so the end results the same then now my other question to the board to everybody if those two houses four and five have to be moved what would be the impact if they put them here where these buildings are I would think there'd be less nitrogen issues be instead of having 12 put put four here reduce the amount of of buildings but you're still going to use the same amount of square feet just a question no we we can't answer we can't answer that okay would that be possible come on up sure we don't think we're going to lose those two buildings we think we think that we will prevail on that that we have title to to that property and we contest the lawsuit we'll see where it plays out but we don't think we're going to lose those buildings none of us know anybody else any other questions from up here yeah well um those um two buildings that's four units that represents 10% and by all the other guidelines we go by that would be a substantial change in this yeah so would that in effect negate the whole potentially could it negate this whole project another unanswerable question huh yeah we can't say it's you know just speculative speculative at this point time curiouser and curiouser yeah anybody else have any further questions I may I ask the engineer something sure did you company design the septic system yes we did so obviously I'm not letting this go easily and I apologize but I keep thinking of something on this whole thing in order to comply with IIA system you'd have to install those four tanks so the three the three tanks that are here the settling tanks and the pump chamber to pressure do toan field this area to the I guess that would be to the west of the tanks is a area that's currently like a grass area yeah so that we could put in a future IA tank or two whatever might be needed so that's the future IA yes correct all right and the other three tanks are what it's it's the settling tanks oh yes and then the pump chamber to pressure those to field so let me ask you this question there no way you can meet this what I still don't un so the cost of an IA system put that in is not tens of thousands of dollars how big is that tank is it a is it a00 how big is that I I've spoken with various uh IA providers and you're looking at 330 to 350,000 just for the tanks needed and then probably another 50 maybe two to inst get it all installed let me make sure I understand so that one tank to the north of the three that's the IIA yes Reserve area the reserve area for that so how big is that with that tank does that represent one tank or is there basically a series of tanks that would go in it more than likely it's probably going to be two tanks in this grass area that's why we left this grass area here um they'd be like 7,000 8,000 gallon tanks oh that's for so and it's the components that are kind of inside them that are what I'll call proprietary so they have the design rights to them nobody else can design them they can set the fee and the prices I've requested are 330 to 350 just for the components may I ask you what company that is sure one is the clean two oh yeah the Nitro yeah that this town readily pros and it's one of the better performing systems yeah no I I spoke I'm sure you're familiar with it and um so you the your thoughts on that the price of you're getting is again how much money roughly 330 to 350 just for the components I'm in the wrong never mind the install never mind the installed and then the install that's part that's that's going to be that's the least side of the cost so you're talking half it's probably at least half a million dollar add half a million dollar project to do correct yeah uh is there any way of uh partially mitigating the nitrogen whether do something now do something later the the way the system's designed now is one combined shared system one combined shared system so it's not possible to say so it's either all or nothing nothing correct wow all right thank you I appreciate that go ahead Mark um and I'm going to go back maybe I should have asked you but I'm still stuck on uh 7.23b and you have to demonstrate to us oh first off what's what what's the uh performance level of these like 19 or it's 11 or 12 it's 11 milligram per liter um a wastewater treatment plant is 10 milligram per liter three well most ground a discharge permits 10 ours is anyway you're towns millions of gallons something like this if it was around 10,000 gallons a day it would be 10 still stuck um on this uh you demonstrating that on a pounds per acre basis um to a rate below which won't produce uh critical utopic levels in the receiving water body and and I don't see there's any way in the world that you can do that I'm even questioned whether you can do it with the dite system I'm not a Wastewater engineer to do those calculations so unfortunately I can't get you that well they they they task us with I understand where you're coming from um and that's why there's some discomfort with this board especially in light of you know uh uh the recent sewering just around the corner and and this is going to um bend the curve back in the opposite direction there seems to be absolutely no doubt about that and um I'm I I'm not comfortable with that W Tim I have a minor question are you going to submit the the specs for signage in the building permit process I'll let Nick answer that it's going to be further down there's further down the road yeah anybody else have anything further up here thank you can I ask one more question go ahead Frank I want to follow up on the question I asked you the maybe half an hour ago I wasn't quite sure how you answered it but you have applied for a waiver of the coastal Pond overlay district and the reason you gave me was it's too expensive are you conceding that the coastal Pond overlay District app applies to you if we do not waver it can he not let's see what he says question uh no I'm not conceding that um no I'm not that's the answer to I'm not conceding that I I'm saying if you deny the waiver we have to decide what we're going to do and it may be we have to put in an IIA system or maybe we can't make those numbers work and we file an appeal we we don't know yet we we need you to make your decision so we can make ours okay all right everybody up here Norine do you have anything further I don't know what anybody wants to do up here we have new information tonight quite a bit we did a lot of it had to do with The Dumping of material on the site which Mr moris has pointed out is an is an Enforcement issue and Beyond the scope of our Authority so it's nice information they have but nothing we can do anything about correct doesn't still enforcement right but doesn't does an Enforcement issue not um way at all we don't know anything we don't know whether the Enforcement issue is a valid it's up to the building commission to decide if it's a valid Enforcement issue not us oh okay maybe I phrased this wrong then I mean if in fact it was a valid issue then would it have some weight on this I mean are you're supposed to have a clean rearview mirror before you come to us aren't you I think then we put a condition in if we Grant the permit that he has to with the enforcement order so do you want to weigh in on that there's I mean in terms of previous violations when zoning is considering making special permits or their decision- making it's generally not supposed to consider previous enforcement actions um but this is ongoing or potentially ongoing potentially ongoing yeah I'm not until the till the till the zoning enforcement officer Building Commissioner says this is illegal it's a violation of top soil conditions or something we don't have a violation to consider or anything detrimental to consider I would be hesitant or concerned to ding the applicant at this point based on the representations tonight absent a finding from the enforcement officer but even still um very concerning but I mean this go ahead Nick may I also add uh now that I'm aware of this I will bring it to the owner's attention tomorrow that we cease and assist do doing that stop all that activity I don't know what he's doing he might be storing it for another job but I'll I'll I'll make sure that he knows that uh we're not happy about that here and we stop doing it certainly adds to my list of prevailing concerns now Nick you can see there's a lot of concern up here a lot I do I think this one might be overblown I think no but I mean there's I mean like we just got the landscape plan this afternoon there's just a lot of concern in general I mean everyone has a little different there's just a lot of concern um I don't know if you want to clean up things or if you want to give us time I'm not sure if you're if you're comfortable closing I don't think I'm comfortable closing but I'm not sure if you are well you know what I I want to try and do this as clean as we can I'd like to clean up some of the issues I'd also like to get a summary of what those issues are I'm cleaning up and I'd also like like to get a feel hold aboard on the waivers I I think I I think I know where one of them is going yeah but I'd like to at least review the others and get a summary of what these items are and I would be comfortable giving an extension in time to for you to review it and get comfortable with the issues I just feel we we have a I mean you even have concerns we have concerns you know all around um do you want to go over waivers I don't think that's appropriate I don't think it is as I understand you want time to review the landcape plan definitely you would there's concerns about the garages definitely absolutely uh there's concerns about the location of the dumpster I would like the board's position on that because you're the one is going to tell us where to put it I'll put it where you want it it doesn't matter to us um and I'd like to know how you feel in the waivers I I'm not sure about the drainage thing how you feel about that we're willing to put a liner on the on the uh side of the detention Basin okay so yeah we could show that on another plan yet is a concern to you know yeah other issues in the BS and Thomas that are outstanding that the engineer wants more time our P engineer no okay I you don't have anything outstanding right just the groundw pretty much mean they're 5T below where you know when two is required so a 10t liner would well it's notely that much but admit it to putting a a liner on the on the retention Bas and where it goes by the Gir property and I I put that in my notes as something that's going to happen and also there'll be an operation and maintenance plan for the maintenance of that detention por to keep it from silting up with leaves and and silt that we have to maintain it so it performs as it's that designed to perform so that well maybe you should come up to that this is just a small thing on my on my list of concerns but um that that I whatever I spit balled a 10- foot liner that that's going to give us roughly 5 feet of safety whatever as far as the giries are concerned that that well though I guess you'd want it yeah you'd want to be a couple feet below their property which I guess which we don't I mean like again the survey things 22 and 29 there was there was some talking about 23 23 so you'd probably want to be a couple feet below that and and how so how uh U what depth would the liner have to be a couple feet like again the force the water so the water I I understand how it works and I down and then I mean potentially it's going to come back up and around but at least water it's not going to fight gravity any so U Ian but water's going to seek its level you're number on seet level otherwise you know can you throw a number on the depth of this liner yeah something a couple feet below the gir's property if it's they say they're saying it's 23 so you want to get down to like 21 20 something like that can you but the uh but I guess I guess where their property is cuz again the survey can you show it on the plan where this yeah they're they're in a they're in a sale low so you need more than and I guess gu um see like the Contour stop so we like you know we're talking about this property here right I mean we what's the elevation we're not sure well what's the elevation of the property line it's 207 27 last one so you got 5 ft there already that you need to cover plus two so 10 foot's pretty accurate yeah or would be off the top acceptable something something that Mark again again whatever you know whatever gets you a couple feet below their property so where would it go where would it go where would the liner you know it would be you know something in this corner if the con you know the concern is this property being the low spot you you know basically putting a a barrier that prevent the water from coming this way horizontally it's going to go down and then then it's going to seek its level but at least you're like at least beyond the parameters of the retention pond in on the uh on on the on the south on the east side on this east side yeah and uh some partially on the South Side as well cuz it's going to migrate right You' probably want to wrap around cor you got to wrap around that corner absolutely but again I mean you can't I mean yeah being reasonable it's I think that's a I think that's a you know helps mitigate some of that concern and their septic is right in that back corner unfortunately for them so isn't it isn't it I think isn't the garage in the back corner there's a garage there so septic is on the other side yeah and I guess the point I mean I guess and not something else to consider is you know this system is here but if this gets to a certain level the the actual infiltration system is out in the road on the other side of the street this is more just catches like that initial flu and there are drains here that are going toel it away from the property and put it in the ground over here if you had a barrier here you it would have to you know it's going in the ground over here I mean smaller smaller events it's going to go in the ground here CU it's not going to build up high enough but for larger events it's going here and then it would have to fight its way all the way back to be impactful but again if that barrier is there it's not an issue anymore it's just you know it's again once it gets down water the water table is going to seet its level if the board were to condition that it would need to have a technical some level of technical term for it other than just impermeable barrier impermeable barrier is there one I don't believe I mean I think that's we would just we just we could just condition it put a pool liner in per barrier I mean I I just I'm trying to look a little bit different ter it's an impermeable barrier yeah I mean they would have I mean they the engineer of record they would need to get it appr you know they would need to so what are they going to do it's just a suggestion from us we're not the design you know whatever that ends up being we're fine with that and I can just show the 40 mil polyliner if somebody's looking for a term similar to what they use on septic systems it's basically liner a pool liner it prevents water from going through and forces it down so we'll do kind of what Mr Cody was saying and run it along you know this lot line here and then up that lot line there how many linear feet are you talking about I I can't give you that answer right now but kind of what I just I know you're looking for it I think it's it's probably less than 100 I was going to say probably less than 100 you know it would have to extend beyond the parameters of the retention pond at its maximum so probably somewhere from this area here where the high point of the pond is down the lot line and then up this lot line so you're probably looking at around the 100 l your feet plus or minus and we'll make sure we get it to the proper dep so it's a few feet below down toown maybe elevation and then the planting are going to actually contribute to that cuz they're going to be on the other side and The Roots will grow like correct crazy down through there the Earth's been Madam chairman does the board do we want to ask we've asked the applicant about the IIA system and this issue is I think very much linked to the coastal Pond overlay District waiver we've asked asked the cost we've had some testimony about what the cost is we've had representations from the applicant that it would make the project uneconomic do we want to ask for the financials it's been stated so many times I believe we are I think it's in get on the record just make I think it's incumbent on us to ask what timeline they need to get those to us yes especially if they're willing to give a because exension yeah just with I mean I I and I mean I was asking to poll anybody but I think I think you can you know read me um short of that I'm I'm extremely uncomfortable I I think it pushes the envelope much too far and I I think it overburdens this property and the Watershed beyond anything that we should even consider but that's just I'm one vote I think that's a good idea as to the record yeah can that can we do that Financial sure please well how many would you like huh two two bids enough two bids two bids on two different system one on each type of system don't you just just I'm sorry just so you know this it doesn't end that installing that system there ongoing annual maintenance yeah big expenses so so what are we looking at uh February 6 is that too soon it's not too soon no no that's funny like look at us laugh well again do we finish identifying the issues it's the the drainage the garages the dumpster location I'd like to have some sort of a consensus from the board when you say drainage Nick you're talking about the what we about that lineer we just talk line you're not talking about the Sophie Lane issue no no no I'm talking about the liner at the detention okay fine yeah um would be nice finals on the on the uh cost of the we um stick with the Lane thing um I mean the Contours that that you showed us obviously have no bearing in light of what the gentleman told us about him requiring uh them requiring so I I'd kind of be curious um if you could give us a little bit more detail that actually includes Sophie lanan where the hell this water is going I know we don't have a project on Sophie Lane so we're not studying talking about the water that's it's it's it's according to testimony the water is running uh lateral on your uh uh property line um if that's not true show us I'm not sure that was what the testimony was that I heard but I think it's what I heard trophy Lane are not property I mean that's what the gentleman indicated which gentleman the the man in the back who had to put up the retaining wall talking about the stuff that's running on to the property next to him not that's running on our property am I right but but his his Tes wait wait wait you have to come up if you're going to speak please maybe maybe if you came back up thank you and you put that map back up where I will it was Tony do you have any other homework for Nick I think we covered it I think we covered it all yeah Nick you good okay talking about this this is your property right yeah That's goes right down can you give him the cursor and let him take over yeah I'm just trying to I know how can you me look at the arrow there can you uh on the on the screen now right here on the street no on the screen okay on the street where where where did they require you to put the retaining wall goes from this corner of my property all the way down okay now that wall that you put there uh uh now that makes the water running from Sophie Lane that makes the water running from Sophie Lane there's a where does can you show us where the cursor where the water runs now that the wall is there the water runs down the street and it goes into this Culvert it comes down here and it puddles up down the bottom and if we get a real heavy 100e rainstorm it comes down and then runs along the wall here okay it doesn't run up up the street it runs that's good I cannot test to what happens here and in Christina's property but what she stated is it goes this way that's and and just it's been a long time since I drove on proper Sophie Lane but it seemed to me that I saw Active water running in the direction of this property but I I could be wrong and I'm still not when it rains there is a cul here and there is active water coming down this way but it doesn't cross my property any longer after the town ordered me to put in the retaining wall but none of it my retaining wall also has that impermeable barrier on under so understand no water from my property sheds yeah so none of this to your experience none of this sheds North I guess it would be along the property line and along the other neighbors I I can't attest to that I that's the kind of information I'm looking for for Nick if you could provide it I'm going to drive out there myself and I can Christina can come back ascertain I I guess I have to site Vis that's a very good idea yeah so this is the existing conditions plan the these Contour here are from We're from the town too yeah you know obviously we can't go on someone else's property survey no but I mean the and I understand what he the retention wall with the with the with the barrier underneath it changes the whole dynamic sh to the South okay these three properties appear here because I believe when I was here last time someone brought up the comment that it drained onto our property so we requested plans from the Board of Health okay I can supply those plans to you they show topography and basically from the middle of their backyard it drains down to the street and from the middle of their backyard drains to our property so we're picking up from the middle of the backyard to our property in the Watershed okay I can supply you with a town GIS plan that basically shows the Contours on Sophie Lane it shows the drainage structures if that helps as well can um coulde you she want Christine you want so I guess can you um before can you which direction is the handy property so where's your where's your wall cuz you had the point where's that retaining wall and I'll show you because there's a a there's a pool the retaining wall according to the owner of 97 okay so right there where you had the okay so right here so this retaining wall so right here because this is Gen this is the the cob that goes down here and there's Debbie's hous is here now this puddles right here there's like a little pool and this is the back of Jennifer's yard where it goes I have no clue but now that there's this retaining wall is here it's probably going to head it's probably headed in this direction which is this is the project area so but there is a puddle in this area when it there's a heavy rainstorm Jennifer brought it up at the very beginning that she was concerned about kids because it's it's like a little pool but now that that retaining wall is there it's that pool is going to get a little bit bigger so it's only going to drain towards this direction C which is the project area you know um Handy's house handy I think it's further down handy well it's Troy Kate me and then there's it's number 27 where's 2 oh yeah that's Kate and oh okay that's Dana Dana yes where's their property right right next door to me well right okay so we're the high end okay the one one that's the problem is just south of them is where the uh where the problem exists exactly between my my uh and of course there's a cul there or whatever that the water does flow in the direction of this property that's my experience it does it flows down it pulls Right Here and Now pulls more because of the retaining wall so all this water that you know Jennifer should we here to tie cuz it's her backyard and that's what she was concerned about kids drowning and then the water will eventually go into here so it's this project area so I mean but this is where it is this is the puddle this is the pool I Infamous pool 15 minutes on site might be a well yeah no I think that's a good idea you you that's yeah Jim suggested we do a site visit all even if we individually um go I mean I'm certain would every would everybody see the same thing and no one I think it's good if we all go yeah and post it like a regular yeah I would agree to that so are you all set with your homework I think so okay I just just one more recap the liner are down at the detention Basin the garages the dumpster location which I'm asking for a poll on that as well as the wav is you want some time to digest and review the landscape plan and I'm we're going to get financials on the uh two different types of IA systems I think that's that's what I have is there anything else scheduling a site visit I'm sorry scheduling a site visit through noren I might suggest that you it's Stak you can go out there anytime you want as a group you want to go with us there yes yeah okay and uh I you can do what you want but I might suggest that you uh go on to fctv dorg and and review this meeting so you can cuz we've had a lot of comments I I it's online practice at some point to review them all you know I do review all the meetings we save them so well tonight was a consider there's a lot of a lot of information yes no I I learned a lot it's yeah I think we all do I think so too yeah yeah all right can I have a motion we got a site visit we're going to have a motion to continue and also i' ask that we consider having a date when everything is filed before the next meeting so we don't get stuff at the last minute the last minute yeah we do have a one week I I agree sorry so that would be the second if we're here the 9th or what was it 9th of February did you say six I have pictures what talking pictur you mean the soil you could send them to the office and we yeah just you can drop them off and we could I mean it's dry out there now so yeah that would be very helpful to us when you see those pictures I I'm familiar with that location yeah cuz I've been to Handy's house and um I and the patch in the road is evident me yes so we need to we're going to schedule site visit I have this for you to sign too please continue February 6th you're going to need to fill in the date I'll fill it in hold on so you got to have your stuff in the 30th February 6th 2025 oh stop that hurts all right does that make us older it does damn it I had to think too thank you and you'll set up a site visit I'll I'll second Frank's motion you made a motion to continue to February 6 yeah to set up a site visit we have a motion in a second any further discussion you're on this Tony I'm sorry you're on this you're voting get excited all those in favor of continuing to February 6 n noain none all right thank you for all the information from everybody tonight thank you for coming to Matt thank you thanks all right we just make a motion we New Year everybody happy holiday thank you for me to find my thing again as usual Merry Christmas Happy Thanksgiving and a Happy New Year and I've lost the thing again as us I do it like at least consistent P now look at your weird drawings now Doodles all right do we have any minutes just from tonight no I don't recall I think we're currently up to date okay zoning a m up update she's done so much we all know uh three board discussion discussed all out yeah we get a few weeks off the longest in a very long time God um you'll get back to us all on the dates yeah we can circulate some dates and the date that time that works for might be good if we wait till Scott comes home even I mean now he can't vote but he might want to participate I don't know um board updates and future agenda items how about a joury as an Mark has called it got that meeting to just reminder joint meeting with the select board oh yes joint meeting with the select board need an agenda yep and our next meeting is January 9th at 6 p.m. now Mark motion to adjourn second in favor I [Music]