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[0:00]
That sounded so good.
[0:02]
>> All right, it is 7:01
[0:06]
on June 17th, 2026, and I will call the
[0:11]
meeting of the Essex Planning Board to
[0:12]
order.
[0:20]
We will jump in to the um public hearing
[0:26]
which is scheduled to resume at 7
[0:28]
o'clock. Um, this meeting is being
[0:31]
recorded um by 16:23
[0:34]
and um it's remotely available on on
[0:38]
Zoom to members of the public.
[0:41]
I will take a motion to reopen the
[0:44]
public hearing that was opened on March
[0:46]
4th, 2026 and which was continued to
[0:49]
March 18th, 2026 to April 1st, 2026 to
[0:54]
April 15, 2026 to May 6th, 2026 to May
[0:58]
20th, 2026
[1:00]
to June 3rd, 2026 and again to this
[1:04]
evening, June 17, 2026
[1:06]
>> on the definitive subdivision plan
[1:08]
application by Bellpoint LLC. LC for
[1:10]
property at 0 Essex Park Road and 0 Pawn
[1:14]
Street rear. Map 147 lot 19 and map 142
[1:18]
lots 30 and 31 to create a 36 lot open
[1:22]
space residential sub residential
[1:24]
development OSRD subdivision under the
[1:28]
town of Essex rules and regulations
[1:29]
relative to subdivision control.
[1:32]
Massachusetts general law chapter 41
[1:34]
sections 81K to 81 GG. the subdivision
[1:39]
control law and per a special permit
[1:41]
issued on September 3rd, 2025 per
[1:44]
section 6-8 open space residential
[1:46]
development OSRD of the town of Essex
[1:49]
zoning bylaw. So take a motion.
[1:53]
>> So moved.
[1:54]
>> Second.
[1:58]
So who moved that? Beth moved that. Shel
[2:00]
want a second?
[2:01]
>> No. Simone second.
[2:03]
>> I moved Simone second.
[2:04]
>> Oh, okay.
[2:07]
She did second.
[2:08]
>> Okay,
[2:08]
>> Simone.
[2:10]
>> Beth moved it and Simone seconded. Thank
[2:12]
you. Okay. Um the hearing is reopened.
[2:16]
So, um this will be the um last evening
[2:21]
of the hearing. We're scheduled to close
[2:23]
it this evening. I know
[2:26]
it is the eighth night of it. So, we're
[2:28]
ready. Um to that end the reason that
[2:32]
the hearing has been continued um was to
[2:36]
let the process of the peer review
[2:39]
complete and what has happened since our
[2:41]
last meeting is that we have um gotten
[2:45]
some additional um
[2:48]
information
[2:49]
I'm sorry we got we got the revised peer
[2:52]
review along with some additional
[2:54]
information from the applicant and those
[2:57]
are via this hearing formally um
[3:00]
admitted to the process. So we have um
[3:03]
dated June 12th the final version of the
[3:05]
peer review from Western and Samson
[3:07]
Engineers. And we have also received um
[3:11]
dated June 10th and revised on June 15th
[3:14]
a an exhibit of the intersections that
[3:17]
are the question of one of the waivers.
[3:19]
The exhibit doesn't change anything
[3:21]
other than to highlight the areas that
[3:23]
are um
[3:25]
the focus of the waivers. and then um
[3:28]
additional information on the storm
[3:30]
water
[3:32]
um and a foxhole manhole at the um
[3:36]
bottom of road A where it intersects
[3:39]
Essex Park Road. So that's the
[3:41]
additional information we've received
[3:42]
from the applicant that has come after
[3:44]
our last meeting and then also the peer
[3:48]
review um we received last Friday and
[3:50]
then got an a final version of it on
[3:52]
Monday. It's still dated June 12th. We
[3:55]
have here tonight um two copies of
[3:58]
Weston and Samson's peer review in case
[4:00]
anyone needs to review that as just as a
[4:03]
reference rather than printing all 52
[4:05]
pages. We just have two reference
[4:06]
copies. We have the full size set of
[4:08]
plans here for the planning board. That
[4:10]
is the final version. Um it's not the
[4:13]
final final version, but it's the
[4:14]
version that we're reviewing tonight
[4:16]
that was revised from the original
[4:19]
submitt from January.
[4:21]
um that's dated that that set of plans
[4:23]
we had before the last meeting, but it's
[4:25]
been officially submitted to the
[4:26]
planning board and stamped in by the
[4:28]
town clerk. So, that's where we are with
[4:30]
the materials.
[4:35]
So, our next step is um if anyone uh has
[4:40]
questions or comments on Weston and
[4:42]
Samson's review, we're also going to
[4:44]
talk about the procedure tonight is
[4:45]
we're going to sort of formally accept
[4:47]
these materials um go through any
[4:51]
questions
[4:52]
that we would want the applicant's input
[4:55]
in while we're still in the public
[4:57]
hearing. So if we have questions for
[4:59]
either Jesse Johnson from Weston and
[5:01]
Samson who's online or questions for the
[5:03]
applicant their engineer Will Shuda is
[5:06]
here also that information would be
[5:09]
conducted in the hearing and then after
[5:11]
we close the hearing the planning board
[5:13]
will deliberate on the documents the
[5:15]
draft of the decision that's in front of
[5:17]
us. So during the hearing is our
[5:18]
opportunity to engage with Weston and
[5:20]
Samson for any questions on the peer
[5:22]
review or with the applicant for any
[5:24]
questions on that. Um, so planning board
[5:28]
members, do you have questions on for
[5:31]
either the applicant or our peerreview
[5:33]
engineer?
[5:37]
You don't have to because it's really a
[5:39]
thorough review. I mean, listen and
[5:40]
Samson went through every single thing.
[5:42]
Yeah. So, um, but if you do have
[5:45]
questions, this is the opportunity to do
[5:47]
it so that it is information that's
[5:48]
received and clarified in the public
[5:50]
hearing while it's still open.
[5:52]
>> So, does it questions or comments?
[5:55]
Um I I would say questions right now
[5:57]
because comments will be part of our
[5:59]
deliberation.
[6:00]
>> Okay.
[6:00]
>> So this is just clarifying information
[6:02]
if we need to get more basically more
[6:05]
information from either peer review or
[6:08]
applicant.
[6:09]
Uh but other than that once the hearing
[6:11]
is closed we'll have our um in-house
[6:14]
conversation and that's when we can
[6:15]
comment to each other. Um that's still
[6:18]
going to be on the 1623 recording as a
[6:20]
conclusion of this whole process but
[6:22]
we'll be out of the hearing at that
[6:24]
point.
[6:26]
So, okay.
[6:27]
>> I have a question.
[6:28]
>> Sure. Microphone Simone. Sorry.
[6:33]
>> On on the peer review and this may be a
[6:36]
question for you.
[6:39]
Uh number five, I'm going to use your
[6:41]
numbers or
[6:43]
>> you're using my numbers. Okay.
[6:44]
>> Just because it's easier. You wrote,
[6:47]
"Our intent is to remove the wetland
[6:50]
overlay district." What does that mean?
[6:53]
Uh that is on page six,
[6:55]
>> right? Yep.
[6:59]
And that that was just honestly that was
[7:01]
a note to myself regarding um because
[7:04]
we're still including
[7:06]
um a a a condition in the decision that
[7:11]
addresses the wetland protection overlay
[7:13]
district. But in in working through this
[7:16]
whole process, we've realized that our
[7:19]
wetland protection overlay district is
[7:21]
really outdated because the maps that we
[7:23]
have of the wetlands are from 1974 and
[7:26]
we know those things creep. And also any
[7:29]
project that is close to wetlands is
[7:31]
going to be going through the concom
[7:33]
anyway. So it's kind of redundant and
[7:36]
our wetland protection overlay district
[7:38]
maps are not as thorough as any wetland
[7:40]
mapping that an applicant will come in
[7:42]
with anyway. So that's that has that was
[7:45]
kind of a parenthetical note to us
[7:48]
>> that we need to do something about it.
[7:50]
Okay.
[7:50]
>> Yeah. Later much later.
[7:55]
» Um
[8:15]
So,
[8:17]
one of the peerreview comments was that
[8:20]
uh there is a section on parks that we
[8:24]
can or cannot require and it appears
[8:27]
that we haven't ever discussed it unless
[8:30]
I just that was I don't I'm not aware of
[8:33]
it and I just wondered what people's
[8:36]
feelings were about that. What page of
[8:39]
the peer review is that on?
[8:47]
» The I think it's part parks comes from
[8:50]
our rules and regulations and talks
[8:52]
about parks in a subdivision and and I
[8:54]
think we did touch on this and I can
[8:56]
look back, but
[8:58]
because this is an OSRD, there's not
[9:00]
really an opportunity to have any
[9:01]
parkland within the residential loted
[9:04]
area itself because it's so tight
[9:06]
already. And then the whole point of the
[9:08]
OSRD is to have the open space. Excuse
[9:12]
me.
[9:14]
>> And so that was a decision that was made
[9:16]
consciously.
[9:20]
» Yeah, I think we did talk about the fact
[9:22]
that um yeah,
[9:24]
>> somehow printed this upside down.
[9:26]
>> Parks aren't really part of the OSRD
[9:30]
model, but Val Val has something to add
[9:32]
to that. Val,
[9:36]
you're muted. Sorry, hold on.
[9:41]
» Sorry. Um, that language is dated in
[9:45]
terms of subdivision control. Um, that's
[9:48]
from long ago times and isn't something
[9:52]
that is currently considered um as
[9:56]
viable as it was when it was first
[9:58]
thought of. And so um but I agree it's
[10:02]
not really relevant to this decision
[10:03]
because it is uh going to have a lot of
[10:06]
open space related to the development.
[10:13]
» I guess it depends on whether that
[10:17]
open space is considered public.
[10:20]
>> We we do touch on that at the very end
[10:22]
of the decision. Um we do have a um we
[10:25]
had a discussion with the applicant
[10:27]
regarding public access and that
[10:30]
condition has been included in our
[10:32]
decision that well we can't we cannot
[10:36]
ask for public access
[10:38]
because that's essentially taking a land
[10:40]
but we can accept public access if it's
[10:43]
offered by the applicant which it has
[10:44]
been and that is formalized and I think
[10:47]
it's one of the very last decisions one
[10:49]
of the last conditions of our decision
[10:51]
so that there is indeed um public access
[10:55]
to the open space.
[10:57]
>> Okay. All right. So,
[11:04]
I'm just curious, is everyone in
[11:06]
agreement with the park comment?
[11:09]
Do do you guys know which one I'm
[11:12]
talking about? Sorry, there are a lot of
[11:14]
pages.
[11:20]
Does anyone else not have anyone else
[11:22]
know notice this comment?
[11:35]
Well, I'll have to find it. Um, also I
[11:40]
don't I guess when we were talking about
[11:43]
the
[11:45]
perimeter trees
[11:47]
and then I was looking at his comments
[11:50]
on the protection of natural features.
[11:53]
So we are not expecting to protect any
[11:56]
natural features in the development
[11:59]
zone.
[12:00]
>> Correct.
[12:02]
>> Okay. So, if there are nice trees there
[12:05]
that could be saved, we're not going to
[12:07]
do that.
[12:09]
>> If they could be saved, they probably
[12:11]
won't take them down because if there's
[12:13]
not a reason to take them down, they're
[12:15]
not going to make extra work. But um
[12:17]
that was a discussion we had at the last
[12:20]
meeting um with the applicant about
[12:23]
the fact that because this is such a
[12:25]
condensed um quarter acre lot
[12:27]
subdivision that there's really not an
[12:29]
opportunity to do the grading and the
[12:30]
work that they need to do while the
[12:32]
trees are still there.
[12:33]
>> So that you you're just going to clear
[12:34]
cut. You're not going to assess any
[12:36]
trees. That's what it sounds like.
[12:38]
>> Clear cut.
[12:45]
Okay. Uh, for the record, Will Scooter
[12:48]
from the Moren Cameron Group. Um, yeah,
[12:50]
that's correct. Because this is a dense
[12:51]
development, um, the grading
[12:53]
requirements, we're not going to be
[12:54]
preserving the trees within the limit of
[12:56]
work.
[12:56]
>> Okay.
[13:02]
» Does that microphone not work? Does it
[13:05]
need batteries?
[13:08]
There you go.
[13:09]
You're an engineer. You can figure that
[13:10]
out.
[13:12]
>> Maybe.
[13:18]
» So, does anyone have questions for
[13:21]
Weston and Samson
[13:23]
regarding any of the um guidance that
[13:27]
they've offered in their in their
[13:29]
feedback?
[13:33]
» Yeah, you don't have to. I'm just giving
[13:35]
you the opportunity. I don't think we
[13:37]
have do we have any um members of other
[13:40]
departments, boards or committees on the
[13:41]
line tonight? I'm just
[13:44]
um we we can come back planning board. I
[13:47]
just want to see if anyone else from um
[13:49]
town of Essex
[13:51]
departments, boards or committees is
[13:53]
online and has any questions. Not so
[13:56]
much for the planning board, but these
[13:58]
are questions for either Weston and
[14:00]
Samson, our peer reviewer, or for Warren
[14:03]
Cameron, the applicants engineer.
[14:07]
And I'm not seeing anyone, but if
[14:10]
someone is there and does have a
[14:12]
question, please raise your hand.
[14:13]
Otherwise, we'll continue on. Um,
[14:15]
Simone, did you have other questions?
[14:18]
>> No, I was just going to see if I could
[14:19]
find the park thing, but we can.
[14:21]
>> Okay. We can we can come back to that
[14:23]
when we're doing our deliberation
[14:24]
because that's more an internal planning
[14:27]
board decision kind of thing. Um, okay.
[14:34]
I'm just making sure I check all the
[14:36]
boxes here from Teresa.
[14:42]
So, um, at this point then, um,
[14:50]
we have not had any more public comments
[14:52]
since our last meeting. And what we're
[14:54]
going to do now is open the floor to um,
[14:58]
comments from the public. So, this is
[15:00]
the final opportunity for the public to
[15:03]
comment on this process. Um, we have a
[15:07]
couple people in the room, but more
[15:09]
people online. So, if you're online and
[15:11]
want to offer public comment before we
[15:13]
close the hearing, this is your
[15:15]
opportunity. Please raise your hand and
[15:18]
we will unmute you and let you speak.
[15:26]
Okay. Not all at once.
[15:32]
All right. I'm not seeing um any public
[15:34]
comment uh either online or in the room
[15:38]
here this evening. Public comment. So um
[15:41]
that said, prior to closing the hearing,
[15:45]
one of my duties is to read in a list of
[15:47]
public comment that we have received
[15:50]
during this hearing process. These
[15:52]
materials are all available on the
[15:54]
planning board's web page um where we
[15:57]
have a whole tab set up for the OSRD.
[16:00]
And these are the following emails that
[16:02]
we've received as public comment during
[16:04]
the definitive subdivision plan period
[16:06]
which has been from January 22nd, 2026
[16:10]
through June 17th, 2026
[16:14]
with messages and re replies to follow.
[16:18]
January 23rd, we heard from Josh
[16:21]
Franklin at 11 Turtleback Road. February
[16:23]
5th, 2026, Emily Commtock, no address.
[16:27]
Again, March 2nd, Emily Commtock, no
[16:29]
address. March 4th, Dorothy Ewell from 4
[16:33]
Essex Park Road. March 20th, Jay and
[16:37]
Mary Tetsoff and family from 98 Western
[16:40]
Avenue. March 31st, Paula Johnson, for
[16:43]
Essex Park Road. April 11th, Bob Smith
[16:47]
from 29 Pond Street. April 12th, 2026,
[16:51]
Patrice Murphy of the Essex Manchester
[16:53]
Essex Conservation Trust. April 14th,
[16:57]
Ken and Holly Real. June 1st, Peter
[17:01]
Ferrario, no address given. Additional
[17:04]
public imput
[17:06]
emails received before the vote takes
[17:08]
place will be added to this compilation
[17:10]
and updated if any are received. But the
[17:14]
hearing is closing tonight, so that's no
[17:16]
longer an option.
[17:18]
Um, that said, I take a motion to close
[17:21]
the hearing.
[17:23]
>> So moved. Thank you, Shelley. Second,
[17:27]
>> second.
[17:28]
>> Thank you, Peter. Um, all those in
[17:30]
favor?
[17:31]
>> I Ariel.
[17:35]
>> I
[17:36]
>> Thank you.
[17:37]
>> Said I
[17:38]
>> Oh, I'm sorry. I didn't hear you. Okay,
[17:40]
so the hearing is officially closed and
[17:42]
we will move into our
[17:45]
next step of reviewing the draft
[17:48]
decision and deliberating and making any
[17:53]
changes that the board agrees on to the
[17:55]
draft. And um at the conclusion of that,
[17:58]
we will take a vote on the decision.
[18:04]
Um, I'm sorry. Prior to that, we have um
[18:09]
we have a process waiver that I just
[18:11]
this is sort of a formality that I want
[18:14]
to go through. Amy will help me with
[18:15]
this when I stumble upon it. Um in our
[18:21]
subdivision rules and regulations there
[18:24]
is a um section which is 6.13 of our
[18:28]
rules and regulations that says
[18:31]
um if the applicant submits a
[18:35]
modification to the plan
[18:38]
uh then the other boards and we have to
[18:41]
the planning board has to send that
[18:43]
modified materials to um the other
[18:47]
boards. and committees that are listed
[18:48]
in the subdivision control law for their
[18:52]
review and they get an opportunity to
[18:54]
review that that is 35 days long and the
[18:57]
board of health gets a review period
[18:58]
that's 45 days long. What is problematic
[19:02]
about the language in our rules and regs
[19:04]
is that modifi modification of the plan
[19:07]
is not defined in the industry. A
[19:11]
modified plan is typically a change to a
[19:14]
plan that has already been approved. So,
[19:16]
say tonight we approve the plans and
[19:19]
then in the process of going through the
[19:21]
NOI or the septic design or something,
[19:23]
the plans become modified, they come
[19:26]
back to us as modified plans and that's
[19:28]
when that would kick in. Normally, our
[19:30]
bylaw doesn't describe exactly what's
[19:32]
called a modified plan. So, there's a
[19:34]
gray fuzzy area about the fact that, you
[19:37]
know, we had a submitt from the
[19:40]
applicant. We went back and forth with
[19:42]
their peer review. They made some
[19:43]
updates and some agenda and things like
[19:45]
that. They haven't changed the roads.
[19:47]
They haven't changed the loading. They
[19:49]
haven't changed the location of the
[19:50]
septic. They eliminated one drainage
[19:52]
basin, which is hardly that's not like
[19:55]
adding one, taking one away is simpler.
[19:59]
So, it's it's unclear whether that would
[20:01]
technically rise to a modification or
[20:03]
not since we don't have a definition in
[20:05]
our rules and ranks of what a
[20:06]
modification is. What's problematic
[20:08]
about this is that this process gives a
[20:10]
90-day
[20:13]
um 90-day period for us to do the
[20:16]
review. So, if after all the time of
[20:18]
going back and forth with the peer
[20:19]
review and getting changes and updates
[20:21]
from the applicant, if we needed another
[20:24]
35 days for the other boards and
[20:25]
committees to review that, we would be
[20:27]
out of our time frame and the applicant
[20:29]
would be granted a constructive
[20:30]
approval. So, it's just a backwards kind
[20:33]
of wording in our bylaw that would allow
[20:36]
that would seemingly make us default to
[20:39]
a situation where we couldn't meet the
[20:42]
deadline if we followed those rules to
[20:44]
the letter of the T. Um, so what this
[20:47]
process waiver is is just a formality to
[20:50]
go on record to say that the planning
[20:52]
board understands this irregularity in
[20:54]
our rules and regulations which will
[20:56]
also be updated.
[20:58]
Um but so you know so the rules and
[21:00]
regulations that are in place at the
[21:02]
time this goes the application was
[21:04]
submitted the ones that we have to work
[21:06]
with. But when they're unclear like this
[21:07]
the point of this waiver of of waving
[21:10]
this section in that 35day review period
[21:13]
requirement is simply to sort of cross
[21:16]
that tea and dot dot eye to make sure
[21:18]
that it's not problematic down the road
[21:20]
for any reason until we have a chance to
[21:22]
go revisit our rules and regulations and
[21:24]
define what modified plans are. So, if
[21:28]
you guys have questions about that, I'm
[21:29]
gonna defer to Amy because she's the one
[21:31]
who explained all that to me. And if I
[21:33]
screwed it up, she can correct it.
[21:36]
>> You have a mic there if you need it.
[21:40]
>> Question.
[21:40]
>> Does that Do you guys have any questions
[21:42]
about that? It's It's We're not No one's
[21:45]
trying to pull a fast one or anything.
[21:46]
It's just a an abnormality in our in the
[21:50]
way our um rules and regulations are
[21:53]
written. So, are you saying we won't
[21:56]
have time to review them then?
[21:59]
>> What?
[22:00]
>> You won't we won't review them then? I
[22:02]
I'm just
[22:03]
>> No, they are reviewed, but um you don't
[22:07]
have to send them out again to the board
[22:11]
of health and other boards like you do
[22:12]
after we review them
[22:14]
>> after. So there's hardly ever um a
[22:18]
project that comes in with a plan and
[22:21]
that plan is exactly the same when you
[22:23]
vote on it.
[22:23]
>> Yeah.
[22:24]
>> Especially with peer review.
[22:25]
>> Well, we got all these conditions.
[22:27]
>> Yeah. Things like that. They address
[22:28]
comments, address concerns. So, um this
[22:33]
section of your bylaw is very
[22:35]
problematic because it adds a certain
[22:38]
amount of time that's past the 90 days
[22:41]
or the 100 day that you know that you
[22:42]
have to to work with. So, um, it should
[22:46]
be waved today, but it should be
[22:49]
changed.
[22:51]
>> Okay. I've never seen this before
[22:55]
>> cuz Essex is special.
[22:59]
» Could you explain again though why it
[23:01]
should be waved?
[23:02]
>> So, your this provision, it provides
[23:04]
that when there's any change to a plan
[23:08]
that it has to go back out. It has to
[23:10]
essentially start over again. And under
[23:12]
the subdivision control law, under the
[23:14]
actual state statute, you don't have
[23:16]
that ability to start things over again.
[23:19]
>> The only time that you can add time to
[23:22]
the statutory time limit is by um
[23:26]
consent, written consent from the
[23:27]
applicant.
[23:28]
>> This seems to um require that extra time
[23:32]
just just automatically happen. And um
[23:36]
if you went with this, the applicant
[23:38]
didn't agree to a written or didn't
[23:40]
issue a written um extension, the
[23:43]
applicant after a certain amount of days
[23:45]
pursuant to the statute can just get a
[23:47]
constructive approval and then you lose
[23:49]
all control over the plans.
[23:51]
>> So the state law overrides this.
[23:54]
>> So when you look at um
[23:56]
>> and our rules of regulations are in
[23:57]
conflict with state law, which is the
[23:59]
problematic part. So when you look at,
[24:01]
you know, you know, you have you have
[24:03]
statutes, you have bylaws, and then you
[24:05]
have regulations. So it's pretty far
[24:08]
down considering it's the statute that
[24:10]
it's in conflict with.
[24:12]
>> So even though the state overrides it,
[24:15]
we're just doing this formality just to
[24:18]
>> because it's still in your still in your
[24:22]
Okay, great.
[24:26]
And the other thing that's that's our
[24:29]
bylaw isn't even clear that the changes
[24:31]
the level of changes that have been made
[24:33]
through the peerreview process would
[24:35]
even really rise to modified plans
[24:37]
because like the example I used is if
[24:40]
they go through the NOI and something
[24:42]
drastically changes about the wetland
[24:43]
crossing and a lot moves and something
[24:45]
like that that's a substantive change
[24:47]
that would be a modified plan. Um but
[24:49]
none of the stuff that has happened in
[24:51]
this peerreview process has
[24:53]
substantially altered the plans to a
[24:55]
point that if if modified plans was
[24:58]
defined somewhere we would be able to
[24:59]
say whether it was a modification or not
[25:02]
which is what we'll be adding to. So, the motion for the process waiver is
[25:10]
um well I will take a motion to wave
[25:13]
strict compliance with the requirements
[25:14]
of section 6.1.3 of the town of Essex
[25:18]
rules and regulations relative to
[25:20]
subdivision control in accordance with
[25:22]
Massachusetts General Laws chapters 41
[25:25]
section 81R and the town of Essex rules
[25:28]
and regulations relative to subdivision
[25:30]
control section 1.3
[25:33]
after finding that is in public interest
[25:35]
and not inconsistent with the intent and
[25:37]
purpose of the subdivision control law.
[25:42]
» So moved.
[25:43]
>> Thank you, Beth. Second.
[25:44]
>> Second.
[25:45]
>> Thank you, Peter. Questions? Any
[25:48]
discussion or further comment on that?
[25:50]
>> So, we're doing a roll call vote on
[25:52]
this.
[25:52]
>> Yep. Yeah.
[25:56]
» So, um go around the table.
[25:59]
>> Peter Lobster. I
[26:01]
>> Beth Walsh. I
[26:03]
>> Simone Early. I Shelley Bradberry. I
[26:06]
>> Ariel Brain. I
[26:08]
>> Lisa O'Donnell. I
[26:10]
>> All right. Thank you. That was our
[26:14]
just to keep things interesting part of
[26:16]
the evening.
[26:21]
So then next up before we dive into the
[26:26]
rest of the decision, the um the
[26:29]
waiverss that have been requested um by
[26:33]
the applicant are um listed on page five
[26:38]
of the PDF document. And and just to as we talk through this to just describe
[26:43]
what is in front of you, this um big set
[26:48]
of
[26:50]
paper here is is the word draft of the
[26:53]
file and that has all the change changes
[26:57]
tracked since the draft that I emailed
[27:00]
Sunday night. And the only thing that um
[27:04]
Teresa took out of that draft was the
[27:07]
references that I put in there about the
[27:10]
conditions and how they related to my
[27:12]
numbering of the issues in Weston and
[27:14]
Samson's report since that was not
[27:17]
really part of the document. That was
[27:19]
just to help everyone connect the dots
[27:21]
from what Weston and Samson had
[27:24]
suggested in their peer review as
[27:26]
conditions of the decision. and and that was just my exercise in making sure
[27:31]
that all everything that Wesson and
[27:33]
Samson recommended be a condition of the
[27:35]
decision actually make it into. So that
[27:39]
um I believe has been done and they're
[27:42]
still all there.
[27:44]
Um, so this is this version, the Word
[27:48]
version here has um a lot of comments
[27:51]
that Teresa did just as far as
[27:53]
formatting goes and making sure all our
[27:56]
references were correct and citing all
[27:59]
the documentation that's part of the
[28:01]
process. And then the PDF file that's in
[28:04]
front of you is um
[28:09]
what it would look like if those changes
[28:11]
in the Word draft were accepted. There's
[28:14]
one highlighted thing that we're going
[28:15]
to get to in a little bit that is still
[28:17]
a question. Um, but other than that,
[28:21]
most of them have been cleared up. So,
[28:23]
for the purposes of talking about the
[28:25]
waiverss, I think it's more instructive
[28:27]
to look at the word draft because that
[28:29]
has um some tracking on changes and
[28:32]
comments that were made in our process.
[28:36]
The PDF draft assumes that the waiverss
[28:38]
are accepted. So, um,
[28:42]
that's obviously
[28:44]
not the case yet since we haven't talked
[28:46]
through them and discussed any changes
[28:49]
were,
[28:51]
um, nuance to any of them. So, right
[28:53]
now, what I'd like to do is to walk
[28:55]
through the waiverss and understand each
[28:57]
of them, and if if you guys have
[28:59]
questions or concerns, we'll talk about
[29:01]
those.
[29:02]
Um we have feedback from um both the
[29:07]
applicant and some boards and
[29:09]
departments in town as well as um
[29:13]
guidance from Weston and Samson on the
[29:16]
those items. So the first waiver which I
[29:21]
we did add numbers to the waivers just
[29:23]
to be able to refer to them more easily.
[29:26]
So, waiver number one is asking to um
[29:29]
increase the pavement thickness to 4 in
[29:31]
from 3 in.
[29:34]
Um, which
[29:36]
is kind of a no-brainer. Um, and the DPW
[29:40]
supports that obviously. So, unless
[29:44]
anyone has questions on that, we'll move
[29:45]
to waiver number two.
[29:48]
to show bearings and distances, radi
[29:50]
arc, central angle and tangent distances
[29:53]
on the loting plan instead of on the
[29:55]
plan and profile sheet. All dimensions
[29:56]
are shown on the loting plans. And we
[29:58]
had talked about this in the past. So
[30:00]
there's not um any missing information.
[30:02]
It's just showing some of the
[30:04]
information on a different location. So
[30:06]
that seemed reasonable.
[30:09]
And if anyone I'm just going to walk
[30:10]
through these and if and when you have
[30:12]
comment, please chime in.
[30:15]
Section 6-3.3 says to show proposed
[30:18]
sidewalk grades on the site plan instead
[30:20]
of plan and profile sheet. Sidewalks are
[30:22]
linear along the roadway and grading is
[30:23]
shown on the site plan. Again, that's um
[30:27]
just um nuance of how the information is
[30:29]
shown and I don't think we had any
[30:31]
concerns with that.
[30:34]
Then show all the requirements of the
[30:36]
construction plan contents on the
[30:38]
definitive plan set. information
[30:40]
required on the construction plan is
[30:41]
shown on the definitive subdivision
[30:43]
plans.
[30:44]
The um the language around granting the
[30:48]
waiver there asks for the um final plans
[30:51]
for endorsement shall include a note
[30:54]
that lists items of the construction
[30:58]
plan content that are included on the
[31:00]
definitive plan set. And this is just
[31:02]
taking the list from what is in our um
[31:05]
rules and regulations and adding a note
[31:07]
to say this information required on the
[31:09]
construction plan as follows is shown
[31:12]
here. So that's it's just just because
[31:16]
of the way our rules and regulations are
[31:18]
written just to make that clear.
[31:21]
Section 6.4.3 4.3 is show the limit of
[31:25]
the tree line instead of the individual
[31:27]
trees over 12 in diameter at breast
[31:29]
height.
[31:30]
The existing site is wooded and require
[31:32]
clearing within the limit of work for
[31:34]
grading construction of the proposed
[31:35]
subdivision.
[31:37]
the um the language around granting this
[31:40]
waiver um says that
[31:43]
we recognize that the um this particular
[31:46]
style of development the OSRD has
[31:48]
significant open space that will be
[31:50]
provided
[31:51]
and then what we discussed about I'm
[31:54]
sorry discussed about talked about in in
[31:56]
the last meeting was um is is
[32:01]
documenting all the trees that are just
[32:04]
beyond the limit of work. So this
[32:06]
language says that prior to clearing any
[32:09]
trees from the site, the limit of work
[32:11]
shall be laid out with survey flags or
[32:13]
stakes for the entire area plan to be
[32:16]
developed. And all 12 trees with a 12 in
[32:19]
or greater diameter breast height
[32:21]
located outside of but within 10 ft of
[32:25]
the said limit of work shall be marked
[32:27]
in the locations recorded by the
[32:29]
surveyors. and a plan of these tree
[32:31]
locations shall be provided to the
[32:32]
building inspector and planning board
[32:34]
before the start of any clearing. So
[32:36]
that's an instrument that will
[32:38]
memorialize all of the larger trees just
[32:41]
beyond the limit of work so that we can
[32:43]
ensure that they are preserved.
[32:46]
So does that appear to be consistent
[32:48]
with the conversation we had at our last
[32:50]
meeting?
[32:51]
>> Yes, I believe
[32:53]
>> I do have a question. Later on we talk
[32:57]
about the uh initial site visit or
[33:02]
and that is to also look at the limit of
[33:06]
work etc. Um
[33:10]
are there any conflicts in here with
[33:12]
that?
[33:13]
Will this come to us after or before
[33:16]
that meeting?
[33:19]
» Um
[33:23]
I don't know. They're not there's the
[33:25]
limit of work would need to be laid out
[33:28]
um ahead of that sitewalk
[33:30]
because that's part of what we're
[33:32]
walking is the limit of of the work. So
[33:34]
that information should be recorded
[33:36]
whether we have the plans or not. It's a
[33:39]
matter of timing. It's something that
[33:41]
you could require if you wanted
[33:44]
>> that it's after it's been reviewed by
[33:47]
the,
[33:48]
you know, our construction
[33:51]
inspector or whoever.
[33:53]
>> Well, I think what you're saying is that
[33:55]
we would have this plan in hand before
[33:57]
the sitewalk.
[33:58]
>> Okay.
[33:59]
>> Does that was that what you would like
[34:00]
to add, do you think? I mean, I think
[34:02]
that's
[34:03]
>> Well, either before or after. I mean, I think the sitewalk on some level may
[34:07]
help define what they are, but
[34:11]
>> well, the idea here is that when the
[34:13]
surveyors lay out, they'll be out there
[34:15]
with all their measuring things and
[34:16]
they'd be the ones who flagging the
[34:17]
trees. So, they'll flag the trees. So,
[34:19]
when we do the sidewalk, the trees are
[34:21]
actually going to be taped or marked or
[34:22]
painted or something like that. So,
[34:24]
we'll be able to have the plan and see
[34:26]
the trees at that time.
[34:27]
>> Okay. Yeah. So, before then?
[34:29]
>> Yeah.
[34:29]
>> Okay. So, we'll just add here, a plan of
[34:32]
these tree locations should be provided
[34:33]
to the building inspector and planning
[34:35]
before before the start of any clearing
[34:37]
and before the sitewalk.
[34:40]
>> Yeah.
[34:42]
>> Everyone good with that?
[34:44]
>> Yeah.
[34:44]
Will the silt fence be in place by
[34:46]
then?
[34:47]
>> I'm sorry.
[34:47]
>> The silt fence demarcating the edge of
[34:49]
work or the mulch sock.
[34:52]
>> Um,
[34:53]
>> just so we know what
[34:54]
>> Yeah, there will Yeah, there is.
[34:56]
>> So, it's super clear.
[34:58]
>> It's going to be very clear when we're
[34:59]
out there. I forget what Will said
[35:00]
there's, but the the limit of work is
[35:02]
going to be um laid out.
[35:04]
>> Okay.
[35:05]
>> In survey stakes and it'll be very
[35:06]
visible on the ground when we do
[35:08]
>> the silk fence around in place for the
[35:11]
site, right?
[35:11]
>> I think he's not the silk fence because
[35:13]
that's the thing that can get but
[35:14]
they'll put the straw waddles or
[35:16]
something.
[35:16]
>> Yeah.
[35:17]
>> The what?
[35:18]
>> Straw waddle. So there'll be
[35:20]
>> the mulch. Yeah.
[35:21]
>> Yeah. The straw
[35:24]
>> things.
[35:26]
So um
[35:29]
it shall be provided to the building
[35:31]
inspector and planning forward before
[35:32]
the start of any clearing and before
[35:35]
the scheduled sitewalk
[35:39]
referenced in condition
[35:45]
and then I will find the number of that
[35:47]
condition and add that number in. So the
[35:49]
language there is going to be and before
[35:51]
the scheduled reference
[35:54]
before the scheduled sitewalk
[35:57]
important word there.
[35:59]
So what I'm adding to the end of that
[36:01]
sentence is or the sentence will read a
[36:05]
plan of these tree locations shall be
[36:07]
provided to the building inspector and
[36:08]
planning board before the start of any
[36:10]
clearing and before the scheduled
[36:12]
sitewalk referenced in condition. And
[36:14]
then I'll find the number of that
[36:16]
condition that talks about the sitewalk.
[36:23]
Section 7.1.9
[36:26]
not include street lighting. This will
[36:28]
help maintain the royal character of the
[36:30]
proposed neighborhoods. Lighting will be
[36:32]
provided via individual lots. And I
[36:34]
think we had talked about this and
[36:35]
agreed that no lighting would be
[36:37]
preferable. Actually,
[36:41]
Val wants to say something. Thank you.
[36:43]
Go ahead, Val. Sorry.
[36:45]
>> We have a little sign here. you know,
[36:47]
little say something.
[36:51]
» Um, yeah, I need a little gong or
[36:54]
something. Can we add something that
[36:56]
says it will be provided via individual
[37:00]
lamp posts on in on the individual lots
[37:05]
>> that that says what? I'm sorry, I didn't
[37:07]
hear you.
[37:09]
Lighting will be provided via individual
[37:12]
lamp posts on the individual lots.
[37:16]
>> Oh, okay. Right. Um,
[37:20]
>> you have
[37:21]
>> Oh, it it says it says lighting will be
[37:23]
provided via individual lots.
[37:26]
>> She wants to add lamp posts. She wants
[37:28]
to add be provided via lamp post on
[37:31]
individual lots.
[37:32]
>> Okay. So, we're adding via lamp posts on
[37:34]
individual lots. Is that correct? Yeah,
[37:36]
we so that we know
[37:38]
>> there's a lamp post there and it lights
[37:40]
up that it can be pro it'll be providing
[37:42]
some light.
[37:43]
>> Will those
[37:45]
just a thought will those lamp posts all
[37:48]
be the same or it just depends on the
[37:52]
>> It's going to depend on how the buyer
[37:55]
and how they how they construct the
[37:57]
lots.
[37:57]
>> Okay. Yeah. It's it's the kind of thing
[38:00]
if if if one um home builder came in and
[38:03]
developed the whole site and built all
[38:05]
the houses ahead of time instead of
[38:07]
individual people buying lots and
[38:08]
putting up. So, it's going to depend on
[38:10]
that. So, if if a um a home builder came
[38:13]
in and put 36 houses up, chances are
[38:15]
they will be the same because it's
[38:17]
easier to order 36 of this light than
[38:21]
>> But, um are we specifying where like the
[38:25]
lamp post is? Is it
[38:28]
>> I don't it's it's on their lot so I
[38:30]
don't think you know it's out of the the
[38:32]
right of way that would be in our
[38:34]
control. Street lights would be in our
[38:36]
right away but once it's on an
[38:38]
individual lot that's up to them but it
[38:40]
will have this much impervious area.
[38:45]
» Okay.
[38:47]
>> So to that point um if we don't tell
[38:50]
them where these lamp posts can be I can
[38:53]
actually see people putting in the
[38:55]
backyard. Right.
[38:56]
>> So you can say within 35 ft of the of
[39:00]
the right of way.
[39:01]
>> That's what I was going to suggest. They
[39:02]
have to be so far within the rightway
[39:04]
and they have to be a certain
[39:05]
brightness.
[39:06]
>> Yeah.
[39:07]
>> Uh I'd recommend 35 ft of the rightway,
[39:10]
but I don't recommend specifying the
[39:13]
design in lumens.
[39:14]
>> I don't I don't care about the design.
[39:16]
It's the brightness of the light either.
[39:18]
Some people put
[39:19]
>> correct.
[39:20]
>> Right. You know, some could be too
[39:22]
bright and blinding people. Other ones
[39:24]
would be too low and not providing any
[39:26]
light. So if we had some type of range
[39:28]
that we might be able to say.
[39:30]
>> Yeah.
[39:32]
>> So we have some control. And the other
[39:33]
thing if we can put it that the
[39:37]
homeowner association are responsible
[39:38]
for making sure they're maintained.
[39:41]
>> We can add that to the homeowner. We
[39:44]
have conditions in here that require
[39:45]
review of the homeowner association. In
[39:48]
fact, we could put all that in the
[39:49]
homeowner association.
[39:52]
That way I have the homeowners chase,
[39:54]
not each individual.
[39:55]
>> Right. But when we get to the because
[39:57]
there's separate from this whole process
[39:59]
is going to be developing those
[40:00]
homeowner association documents and
[40:02]
getting our approval and Amy's review of
[40:04]
them. And in that process, we can say we
[40:08]
can talk about light brightness and we
[40:10]
can talk about um light color too,
[40:13]
>> right? It doesn't have to be specific,
[40:14]
just a range, right?
[40:15]
>> That's what I'd recommend.
[40:16]
>> Right. And I think we probably could
[40:20]
also at that point address where on the
[40:22]
lot it goes or should we put it in here?
[40:25]
>> Um
[40:27]
I guess I would try for the homeowners
[40:28]
association because you guys can't
[40:30]
control what goes on in the lot.
[40:32]
>> Okay. So that so any kind of guidance
[40:36]
around what the light looks like is
[40:37]
going to be in the homeowner documents.
[40:40]
We'll have input into that but it's not
[40:42]
part of our jurisdiction because now
[40:44]
we're treading on to the lots. I mean,
[40:46]
it feels like having a light post on a
[40:49]
lot is defeating the purpose of not
[40:50]
having street lights.
[40:53]
I mean, why do we want to require that?
[40:57]
>> I don't know that we're requiring
[41:00]
>> Well, we are.
[41:01]
>> Yeah, you are.
[41:02]
>> Well, I if I may. And um
[41:05]
>> that's what you're here for. Please
[41:06]
don't.
[41:06]
>> I although I do want to tread lightly
[41:09]
because I do think that this is a policy
[41:10]
question, which means that's up to you
[41:12]
guys, not a legal question. Um, from a
[41:15]
legal standpoint, the way that the
[41:16]
language was before, lighting will be
[41:20]
provided via individual lots was was
[41:23]
acceptable
[41:25]
because no matter what, there's going to
[41:27]
be lighting, whether it comes from a
[41:29]
light in the window or people put up a
[41:32]
lamp post or people put up landscape
[41:34]
lighting. Um, but that's nothing. We
[41:36]
can't control what happens on the
[41:38]
individual lot. Um, so, um, adding lamp
[41:43]
posts may be okay, but then we're
[41:45]
talking within 35 ft. Then we're talking
[41:47]
about the type of lighting or the
[41:50]
brightness of the lighting. I think
[41:52]
we're we're getting um further and
[41:54]
further away from your jurisdiction.
[41:57]
>> Well, and also feels like if we're
[41:58]
trying to do rural
[42:00]
>> one that Yeah. Um, if you're if you're
[42:02]
trying to preserve the rural character,
[42:05]
>> if not, then make them do street lights.
[42:07]
>> Yeah.
[42:08]
If the if the concern is safety, you
[42:10]
know, make them do street lights. Um
[42:12]
>> because those we can control, right?
[42:15]
>> Yep.
[42:17]
>> Yeah. I there's not been any safety
[42:20]
concerns raised. And in in all other
[42:22]
developments around town like this,
[42:23]
there are no street lights.
[42:25]
>> Yeah. It just feels like
[42:27]
>> But but do are there required other
[42:29]
lights? I mean, why are we going to
[42:31]
require them to put any particular
[42:33]
light?
[42:36]
You're saying why does our subdivision
[42:37]
rules
[42:38]
>> well the so they're asking for a waiver
[42:41]
not to include street lights. This will
[42:43]
help maintain the rural character. I
[42:44]
don't know who wrote that part but um
[42:48]
but then we're saying but we want lights
[42:50]
on all our lots. I I just feel like we
[42:53]
should not require lights. If you're a
[42:56]
homeowner that wants a light, then you
[42:58]
put one. If you don't want one, then you
[43:00]
don't. I mean, some people will put them
[43:03]
on their garage. Some people will, you
[43:05]
know, everyone will have an opinion
[43:08]
about where the light should be, whether
[43:09]
it's on a pole or on a
[43:12]
>> landscape walkway or
[43:14]
>> So, is this written more as just a
[43:17]
reference that in the lighting for the
[43:20]
area will be provided by an individual
[43:23]
watch just the lights that comes off the
[43:25]
light? Was that the intention of this
[43:27]
and we're misinterpreting what that was
[43:29]
intended to be?
[43:31]
>> Right. So we can't actually strike
[43:33]
lighting will be provided via individual
[43:35]
lots because that's the language that
[43:36]
came from the applicant.
[43:38]
>> You can
[43:39]
>> that explains it a little better.
[43:40]
>> Yeah, you can just delete that language.
[43:42]
>> Oh, we can.
[43:43]
>> You can.
[43:44]
>> So do you guys want to leave that
[43:47]
sentence that the applicant provided
[43:49]
about lights or do you just want to take
[43:51]
that sentence that sentence about
[43:53]
lighting out
[43:54]
>> or say I I mean I don't want them to
[43:56]
feel like they can't put lighting. So it
[43:58]
could be lighting will be provided via
[44:00]
individual lots if desired or you know
[44:03]
some legal word.
[44:04]
>> I would leave that on. Yeah.
[44:05]
>> Yeah. Lighting may be lighting.
[44:07]
>> Yeah. So exactly. Let's just change it
[44:09]
to May. And do we want to include lamp
[44:12]
post or not say lamp post so that we
[44:14]
allow for other
[44:16]
>> Yeah. Whatever they want
[44:17]
>> of lighting like landscape lighting.
[44:19]
Okay.
[44:20]
>> So we're not saying lamp post. Sorry
[44:22]
Val.
[44:23]
>> Sorry Val. And we're saying lighting may
[44:25]
be provided via individual lots. So
[44:28]
that's what we're we're changing the
[44:30]
language there. And we can change their
[44:33]
waiver language.
[44:33]
>> Oh yeah.
[44:35]
>> Apparently we can.
[44:36]
>> Yes. Yes. The the waiver that they're
[44:38]
asking for is not include street
[44:40]
lighting. The rest of it is is is dicta
[44:43]
on their part.
[44:44]
>> Okay.
[44:49]
» So at the end of the day, what 7.1?
[44:52]
>> Yes.
[44:54]
So, waiver number six now reads not
[44:56]
include street lighting. This will help
[44:57]
maintain the rural character of the
[44:59]
proposed neighborhoods. Lighting may be
[45:01]
provided via individual lots.
[45:04]
Moving on, waiver 7 um 7.2.2F
[45:09]
intersect Essex Park Road at 59 degrees
[45:11]
instead of 60° minimum. The slight
[45:14]
modification of the angle allows for a
[45:16]
straighter road section with less
[45:17]
wetland alteration than required. So,
[45:20]
um, we haven't had any objection to
[45:23]
this. Just to clarify again, the
[45:25]
intersection with Essex Park Road isn't
[45:27]
a conventional intersection in the usual
[45:30]
sense. And so, that 60deree is
[45:32]
considered more for cross streets. And
[45:34]
this what is technically an intersection
[45:36]
here is really a bend in the road to go
[45:39]
um up into Essex Park Road. So, we had
[45:42]
um in the past not had an issue with
[45:44]
this
[45:47]
section 7.2.2 2 allow for a dead end
[45:51]
length greater than 1,200 foot length
[45:53]
and emergency access roadway is
[45:55]
provided. Um this has already been
[45:59]
granted both in our um preliminary
[46:01]
decision and it is um memorialized in
[46:04]
the special permit for the OSRD. So this
[46:07]
um pretty much has to stay as is. And we
[46:10]
do have the access road and that access
[46:12]
road has been reviewed by public safety
[46:14]
and DPW and they're all on board with
[46:16]
that.
[46:19]
Section 7.2.4.8.4
[46:24]
allow a 5% slope within 50 ft of
[46:26]
intersections where 3% is required.
[46:29]
Increasing to a 5% allows for a
[46:31]
reduction in the cut and fill
[46:32]
requirement.
[46:38]
The clarification we've added here. This
[46:40]
waiver is granted for the condition that
[46:42]
includes road A where it intersects road
[46:44]
B and for road A where it intersects
[46:46]
road C and for road A where it joins
[46:49]
Essex Park Road. So each of these
[46:52]
locations deserves a little bit more
[46:54]
investigation and discussion just so
[46:56]
everyone understands what I have learned
[46:59]
in the recent couple of days regarding
[47:01]
this. Um Jesse um has provided feedback
[47:05]
on this and again something that we'll
[47:08]
probably look at later in our own
[47:10]
subdivision rules and regulations is
[47:12]
that limiting um the angle at an
[47:15]
intersection is typically intended for a
[47:19]
road tying in where you need to stop. So
[47:22]
that would mean in this subdivision as
[47:24]
road A passes both road B and road C
[47:28]
coming off of it. Um, road A is the road
[47:32]
in question that is at 5% slope. Road B
[47:36]
and C where it ties in. Those roads that
[47:38]
have to stop before they enter road A
[47:41]
are both at less than 2% slope. So the
[47:43]
roads that need to stop are at an
[47:46]
allowable slope. It's the road that goes
[47:48]
past them that's a five degree slope. Um
[47:52]
so the intent of that kind of regulation
[47:57]
um has been met but because our by
[48:00]
because our rules and regulations don't
[48:02]
distinguish between the road that goes
[48:04]
straight and a road that intersects like
[48:07]
if you had a four-way intersection that
[48:09]
would be different where everyone
[48:10]
stopped it would be different but here
[48:11]
road A goes past and road C and B and C
[48:14]
stop. So the criteria isn't as important
[48:18]
for road A since that traffic is
[48:20]
continuing and not actually stopping.
[48:23]
So that's why this should be reasonable
[48:27]
for those conditions. So the other
[48:29]
situation is where Essex Park Road at
[48:32]
that intersection we just talked about
[48:35]
where Essex where road A joins um Essex
[48:39]
Park Road. What you have there is um the
[48:43]
road is coming down the hill at a curve.
[48:45]
So it goes from a 4% grade at 50 ft
[48:49]
quickly down to 3% and then flattens out
[48:52]
by the time it gets to the intersection.
[48:53]
So um technically within that 50 ft
[48:56]
there is a portion of it that's within
[48:58]
4%. Jesse has pined in an email earlier
[49:02]
today that is in the folder of all our
[49:05]
materials that says that 4% grade is not
[49:08]
really a significant change from 3% if
[49:11]
you consider over that 50 foot length. A
[49:14]
3% rise is a foot and a half and a 4%
[49:17]
rise is 2 feet. So we're talking about
[49:19]
the difference of 6 in over that 50 ft.
[49:23]
Um, and therefore it seemed reasonable
[49:25]
for a sort of dead-end residential road
[49:28]
where your speeds wouldn't exceed 25
[49:29]
miles an hour.
[49:32]
So that was the the logic there. On
[49:34]
this, I have also spoken to both the
[49:37]
fire chief and the police chief today
[49:39]
and went through all of this with the
[49:41]
drawings and everything and they were both fine with it. Um, and
[49:45]
again, just as a point of reference, the
[49:47]
maximum slope that's allowed in our
[49:49]
rules and regulations is 8%.
[49:52]
So there are parts of road A that are 8%
[49:55]
but they're not near um
[49:57]
>> intersections
[49:58]
>> not near any intersections.
[50:00]
So um I don't know if anyone has
[50:02]
thoughts on that.
[50:05]
It seems reasonable.
[50:08]
Um
[50:09]
>> and the purpose of that waiver is just
[50:10]
to reduce the cut and fill. It's to
[50:14]
reduce cut and fill, but also if you
[50:16]
look at the profile of road A, what the profile achieves is there's sort of
[50:21]
a leveling out over the wetlands
[50:24]
crossing. So what what that does is
[50:26]
manage like if we if we flattened out
[50:30]
the 8% and raised the 3% that actually
[50:32]
widens the area of wetlands that's
[50:35]
affected by the crossing. So it's also
[50:37]
intended to sort of minimize the impact
[50:39]
to the wetlands at the crossing
[50:42]
which is theoretically a desirable goal
[50:45]
of working around wet lines wetlands not
[50:47]
to impact them.
[50:55]
Are we set with that or any other
[50:56]
questions?
[51:00]
Section 7.2.4 Four, use of highdensity
[51:03]
polyethylene HDPE drainage pipe instead
[51:06]
of using a reinforced concrete pipe RCP.
[51:09]
HDP is an industry standard pipe
[51:11]
material used for drainage pipes. We did
[51:13]
get feedback from both the department of
[51:16]
public works and the board of public
[51:18]
works who discussed this at their last
[51:19]
meeting and they are entirely fine with
[51:21]
it and um in fact our storm water
[51:25]
management regulations uh specify HDP
[51:28]
for handling storm water.
[51:34]
And then last but not least, allow tree
[51:38]
locations as shown instead of tree
[51:40]
spacing at approximately 75 ft. The OSRD
[51:44]
does not allow for typical spacing of 75
[51:46]
ft. Instead, the proposed development
[51:47]
calculate the total frontage and
[51:49]
proposes a total amount of trees equal
[51:51]
to one tree per 75 linear feet of
[51:54]
frontage. So the intent here was to
[51:57]
provide the same number of trees if they
[51:59]
met the requirement exactly, but I know
[52:01]
we did have some discussion about this.
[52:03]
So um I don't know if we want to talk
[52:05]
about that again.
[52:10]
» Excuse me.
[52:10]
>> I think this is a better design feature.
[52:13]
The yards are small and there's open
[52:16]
gaps where there can be groups of trees
[52:18]
where they grow better instead of formal
[52:21]
spacing.
[52:21]
>> Yeah. Just every
[52:22]
>> Yeah.
[52:25]
Um, Madam Chair, is the plan defined
[52:29]
earlier in the decision?
[52:31]
Um,
[52:33]
if it's not, I think I think it should
[52:35]
say allow tree location as shown on the
[52:38]
plan instead of just as shown.
[52:40]
>> Okay. So, we're adding as shown
[52:42]
>> on the plan.
[52:43]
>> It's plans.
[52:44]
>> Yeah.
[52:48]
» Yes. The plan is it is capitalized. So
[52:51]
capital the the and then capital P plan.
[52:53]
>> Okay.
[52:56]
>> So we'll add that in.
[53:06]
Any other discussion on those trees?
[53:10]
We are getting the same number of trees
[53:11]
as we would otherwise.
[53:20]
I, you know, I live in the tree hugger
[53:22]
house, so I'm
[53:27]
I feel like the um the requirement is
[53:32]
not a minimum. It's a I mean, it's not a
[53:35]
maximum. It's a minimum. And if we could
[53:38]
include
[53:40]
um trees to meet the requirement that we
[53:43]
would then have more trees.
[53:46]
Uh but I I hear what Beth is saying
[53:49]
about the
[53:52]
uh layout
[53:54]
>> more of an irregular
[53:55]
>> better so you know.
[53:58]
>> Okay.
[54:00]
>> All right. So we are through the
[54:02]
waiverss.
[54:04]
>> Imagine that.
[54:08]
And look, we have here
[54:10]
>> and I know one just I know Matt um had
[54:14]
raised questions about the road, but he
[54:17]
read everything and um
[54:19]
>> Right. And and that that's what prompted
[54:21]
a lot of the conversation about the
[54:23]
intersection and and that is also a
[54:26]
revision in the drainage because he was
[54:27]
worried about water coming down to that
[54:30]
intersection. So they've regraded the
[54:32]
road and there's the foxhole drainage
[54:34]
manhole. So that I think is because Matt
[54:36]
did talk to both Jesse and Will or Matt
[54:38]
talked to Jesse and Jesse talked to Will
[54:40]
about this and they made some changes
[54:42]
>> to account for Matt's concerns.
[54:45]
>> Yeah. And I read those emails. I just
[54:46]
wanted to make sure Matt.
[54:49]
>> Yeah.
[54:49]
>> Okay.
[54:52]
>> And his daughter graduated from fifth
[54:54]
grade tonight, which is pretty amazing.
[54:57]
>> Mine did too.
[54:59]
>> Oh, I'm sorry.
[55:04]
Well, the ceremony's over, so they're
[55:06]
all at Woodman's now.
[55:11]
» All right. So, we have been through the
[55:14]
waiverss.
[55:16]
I will take a motion to grant a waiver
[55:18]
of strict compliance with the
[55:20]
requirements of the section of town of
[55:21]
Essex rules and regulations relative to
[55:23]
subdivision control in accordance with
[55:25]
Massachusetts general laws chapter 41
[55:28]
section 81R and town of Essex rules and
[55:30]
regulations relative to subdivision
[55:32]
control 1.3 and after finding that is in
[55:35]
the public interest and not inconsistent
[55:37]
with the intent and purpose of the
[55:38]
subdivision control law as written in
[55:41]
the definitive subdivision plan
[55:42]
decision. Take a motion.
[55:47]
» So moved.
[55:48]
>> Thank you, Beth. Second.
[55:51]
>> Second.
[55:52]
>> Thank you, Shelley. This is a roll call
[55:54]
vote.
[55:57]
>> Ser.
[55:59]
>> Beth Walsh. I.
[56:01]
>> Simone Early. I.
[56:03]
>> Shelley Bradbury. I
[56:04]
>> Ariel Brain Day.
[56:07]
>> Lisa O'Donnell. I
[56:12]
the motion passes 52 one.
[56:19]
All right. So now we move into
[56:24]
Sorry, I have too much paper here.
[56:35]
Now we move into a review of the
[56:38]
decision itself. So the waiverss were
[56:42]
listed on I'm I'm again going to the big
[56:45]
version here. Um
[56:50]
and then on page five here the um
[56:54]
conditions start.
[57:01]
So um
[57:04]
I don't know how much detail you guys
[57:06]
want to go through these. I'm willing to
[57:09]
talk through anything
[57:12]
um that you have questions on. What I
[57:14]
will do is just sort of um bounce
[57:17]
through them and if we get to something
[57:18]
that you want to talk about um
[57:23]
we will stop and do that.
[57:26]
So uh the first condition just
[57:30]
references a special permit which is
[57:33]
sort of a formality.
[57:34]
>> Can we start before that line?
[57:37]
>> I'm sorry.
[57:37]
>> Can we start before that line? So, where
[57:40]
it says the planning board approves the
[57:41]
definitive plan dated blah blah blah
[57:43]
subject to the following conditions. Um,
[57:47]
who's going to verify the conditions are
[57:50]
met?
[57:52]
Bill, can we say as verified or in some
[57:56]
language that says the building
[57:58]
inspector will verify it?
[58:05]
» I mean, right now it's has no
[58:08]
person signed
[58:11]
>> doesn't it?
[58:13]
>> Madame Chair,
[58:16]
>> the um you're going to have both the
[58:19]
building inspector who enforces the
[58:21]
zoning and your you're going to have
[58:24]
like a clerk or the works person that's
[58:26]
inspecting on behalf of the planning
[58:28]
board. So, it's not just Bill because
[58:30]
he's doing the zoning. um it's going to
[58:33]
be the unit personal inspector whoever
[58:36]
that might be
[58:38]
>> but I don't think it's necessary to
[58:40]
specify it in the decision
[58:44]
but if so in all decisions right there I
[58:48]
feel there should be one person who is
[58:51]
the control that says okay verified you
[58:54]
know if it's the building and the clerk
[58:57]
of the works if it's bill and it's DPW I
[59:01]
mean who's who's in charge.
[59:03]
>> It's going to vary depending on the
[59:05]
condition. So, I I don't think you can
[59:07]
have one individual person that's
[59:10]
responsible. You could say that um
[59:13]
you're going to have the, you know, uh
[59:16]
you yourselves are going to verify some
[59:18]
of it. So, but then we're going to have each one have who's associated
[59:23]
with the verification. I feel I mean
[59:26]
otherwise
[59:27]
>> there's like there are several on here
[59:30]
that I'm like who is checking this? Is
[59:32]
it us? Is it Bill?
[59:33]
>> That's not a normal part of a of a
[59:35]
decision. And so I I uh respectfully
[59:38]
disagree.
[59:43]
» I know I'm going to be sorry for saying
[59:45]
this,
[59:46]
but the ultimate decision comes with me.
[59:50]
So you hire a clerk of works who's going
[59:52]
to go out and monitor this. he has a
[59:54]
question whether something needs
[59:56]
answering, it's going to come back to me
[59:58]
to make that decision.
[59:59]
>> I mean that's I agree with
[1:00:01]
>> the reality is there a lot of people who
[1:00:03]
are going to be through this and they're
[1:00:04]
just going to do their job and assure
[1:00:06]
that everything's correct.
[1:00:08]
>> Right.
[1:00:09]
>> Which is different than being the person
[1:00:11]
who is responsible to say yes it was
[1:00:15]
done no matter who checked it. Right.
[1:00:18]
>> Right. So ultimately that would be me
[1:00:20]
because that falls onto my job
[1:00:22]
>> to assure that everything was done
[1:00:24]
correctly.
[1:00:25]
>> And you're saying that's just
[1:00:26]
understood?
[1:00:28]
>> Yeah, I think it's understood and I
[1:00:30]
think
[1:00:30]
>> understood. Yeah. Okay. So we're going
[1:00:32]
to look to you to say yes, it was all
[1:00:34]
verified.
[1:00:34]
>> Yes.
[1:00:35]
>> Okay. Um
[1:00:43]
and then
[1:00:45]
I also feel that the conditions should
[1:00:49]
be submitted with any request
[1:00:53]
uh regarding the subdivision. So that
[1:00:56]
say there is a zoning request that the
[1:01:00]
list of conditions is part of every
[1:01:02]
request that comes out of the
[1:01:03]
subdivision.
[1:01:05]
Uh I don't know where we put something
[1:01:07]
like that in so that there isn't this
[1:01:10]
backend
[1:01:14]
where is it who had it you know there's
[1:01:18]
going to be let's say in 15 years
[1:01:20]
they're making changes you're not here
[1:01:23]
you don't know you know whoever is
[1:01:28]
» so this will be recorded and you know it
[1:01:32]
will be in the chain of title of each
[1:01:34]
lot that's sold out. Um
[1:01:36]
>> so whenever they're submitting something
[1:01:38]
to zoning, it'll go with it.
[1:01:40]
>> Oh, definitely. Okay.
[1:01:41]
>> Yep.
[1:01:43]
>> Particularly because it's an Oh, I'm
[1:01:45]
sorry.
[1:01:45]
>> You're talking about this decision gets
[1:01:47]
recorded, right?
[1:01:48]
>> Particularly because it's an OSRD which
[1:01:50]
allows for reduced lots, you know,
[1:01:53]
allows for some zoning um relaxation of
[1:01:56]
zoning.
[1:01:57]
>> So, it would definitely be um
[1:02:01]
>> later. Yeah. Yeah. All right. Thanks.
[1:02:11]
So the second condition talks about the
[1:02:15]
water resource protection overlay
[1:02:17]
district and the first two conditions
[1:02:20]
define um and mo most of the language
[1:02:24]
here is is explaining and um
[1:02:28]
memorializing what is and is not allowed
[1:02:31]
for each lot. So that there's a table on
[1:02:33]
um sheet 27 that has um an imperous
[1:02:38]
cover percentage of 10 that meets the
[1:02:41]
10% of the whole lot and that's the
[1:02:43]
basis of the storm water management
[1:02:44]
system. So the language in here says
[1:02:46]
that you are allowed uh a property owner
[1:02:49]
is allowed up to it's not 10% of his lot
[1:02:52]
because it's a number that relates to
[1:02:54]
the 10% coverage of the total lot is
[1:02:57]
allowed by right that number because
[1:02:59]
that's what the storm water management
[1:03:01]
system has been designed for. There's
[1:03:04]
also a 15% maximum cap um that is given
[1:03:08]
in the wetland
[1:03:11]
water resource protection overlay
[1:03:12]
district. And if anyone were ever to
[1:03:16]
exceed that 15% cap, that's a special
[1:03:18]
permit that comes before this board. So
[1:03:21]
the other set of numbers is a 15% cap.
[1:03:24]
And both of these numbers will be
[1:03:26]
recorded on the deed of each property.
[1:03:28]
It's recorded in these drawings and it's
[1:03:30]
recorded on the um it's recorded in this
[1:03:33]
decision and recorded on the drawings um
[1:03:36]
on sheet 27.
[1:03:38]
Uh, and it's the language in here spells
[1:03:42]
out that if someone um
[1:03:47]
exceeds the 10%, so there's somewhere
[1:03:50]
between 10 and 15% of the lot coverage,
[1:03:53]
they need to provide additional storm
[1:03:54]
water mitigation because that additional
[1:03:57]
coverage is not supported by the storm
[1:03:59]
water mitigation
[1:04:01]
uh design of the subdivision.
[1:04:04]
And that that language will carry with
[1:04:06]
the deeds as well. and each there's a
[1:04:09]
condition that requires each plot plan
[1:04:13]
each site plan to have those two areas
[1:04:16]
listed on the site plan. Then that that
[1:04:19]
comes in with any kind of a building
[1:04:20]
permit. There's also a condition in
[1:04:23]
here. The last one says the homeowner
[1:04:27]
document shall include requirements that
[1:04:28]
any new impervious surface not subject
[1:04:31]
to a building permit which would be a
[1:04:33]
shed, patio, acc grade, deck or walkway
[1:04:36]
which are things that don't trigger
[1:04:38]
building permit but are impervious is
[1:04:41]
subject to prior approval by the HOA. So
[1:04:44]
for those things that aren't controlled
[1:04:45]
by a building permit, we still have a
[1:04:47]
condition in here that would require the
[1:04:49]
HOA to approve that and submit that to
[1:04:51]
the building department that they have
[1:04:53]
not exceeded their 10% of coverage. And
[1:04:58]
then if they do exceed the 10% of
[1:04:59]
coverage, they're um coming back with
[1:05:01]
additional storm water mitigation
[1:05:03]
measures on their property.
[1:05:06]
>> I just have one question that I just
[1:05:09]
need clarifying because I don't
[1:05:10]
understand it. Um
[1:05:14]
the facility is built for 10%.
[1:05:16]
>> Correct. Yep.
[1:05:18]
>> Any extra of an individual lot they have
[1:05:22]
to mitigate.
[1:05:23]
This is the point where I don't
[1:05:25]
understand in the mitigation of that
[1:05:27]
particular lot storm water where or
[1:05:29]
runoff won't it just all
[1:05:33]
go towards
[1:05:35]
it's it's how fast it runs off because
[1:05:38]
yes all the storm water someday is going
[1:05:40]
to flow down the hill but what
[1:05:42]
impervious surfaces do is increase how
[1:05:44]
fast it sheds. So, if you add a patio
[1:05:48]
that's going to shed the rain faster,
[1:05:50]
then you may need to go add a rain
[1:05:51]
garden at the edge of your property
[1:05:53]
that's going to capture that before it
[1:05:55]
gets to the storm water management
[1:05:57]
system of the whole subdivision.
[1:05:59]
>> Right. But where does that rainwater
[1:06:02]
then water go?
[1:06:03]
>> It still goes into the ground because it
[1:06:05]
would do that
[1:06:05]
>> property. But it all the rain water is
[1:06:08]
going to all go into the ground. Sure.
[1:06:10]
>> Everywhere anyway, but it's just the
[1:06:12]
rate at which it flows.
[1:06:13]
>> Okay. Okay. And so those those rain
[1:06:15]
gardens that we see from time to time
[1:06:16]
when we're doing properties in the
[1:06:18]
wetland protection, it's just a it's a big sponge that's going to sit
[1:06:21]
there and hold things so that they seep
[1:06:23]
out at a slower rate that's more. So if you picture the an undeveloped parcel
[1:06:29]
and it rains on it, there's a rate that
[1:06:30]
the storm water soaks into the ground
[1:06:32]
and they're just basically trying to
[1:06:34]
mimic that by an area that sheds storm
[1:06:37]
water. Somehow it's captured so that it
[1:06:39]
is diffused into the ground at the same
[1:06:41]
rate and you're not getting runoff or
[1:06:42]
erosion, that kind of thing.
[1:06:44]
>> Understood. Thank you.
[1:06:48]
>> Did that make sense, Bill?
[1:06:50]
>> Yes.
[1:06:51]
>> Was very well experience,
[1:06:52]
>> right?
[1:06:53]
>> I think it was a very good job
[1:06:54]
explaining it.
[1:06:56]
>> So that's that's what someone would have
[1:06:58]
to do on their property. You know, we
[1:06:59]
we've seen we we did that house down on
[1:07:01]
um Redgate Road or something. I forget
[1:07:03]
where where they had to put in that
[1:07:04]
little storm water swale around because
[1:07:06]
they were adding a garage or something.
[1:07:08]
So, they just basically had to slow the
[1:07:11]
water down that came off of the garage
[1:07:12]
before it could leave the
[1:07:13]
>> Yeah, I understand all that. It was just
[1:07:15]
like 36 houses and everyone's adjusting
[1:07:18]
and everything's going down. I just
[1:07:20]
didn't understand
[1:07:21]
>> that. That's what the whole storm water
[1:07:22]
system is is for and that's why we have
[1:07:24]
all these drainage basins and all that
[1:07:26]
stuff on the property just to retain it.
[1:07:29]
It's a retention basin that actually
[1:07:31]
holds it long enough to allow it to seep
[1:07:33]
at a natural rate instead of a runoff
[1:07:35]
rate.
[1:07:36]
>> Okay. Thank you.
[1:07:38]
>> So, does anyone have questions on any of
[1:07:41]
the pieces parts in section two?
[1:07:43]
Condition two.
[1:07:50]
So condition three is the one that we
[1:07:52]
touched on earlier
[1:07:54]
that basically says um don't mess up the
[1:07:58]
wetlands protection overlay district as
[1:08:00]
long as that lives. So typically work in
[1:08:02]
or near wetlands is governed by the
[1:08:04]
wetland protection act. So
[1:08:06]
um it should be noted that any
[1:08:08]
activities restricted by this overlay
[1:08:10]
district or future encroachments into
[1:08:12]
areas denoted on the reference map shall
[1:08:14]
be prohibited. So that's really just
[1:08:15]
sort of um
[1:08:19]
addressing the fact that there are
[1:08:22]
basic what what shows up on the 1974
[1:08:25]
maps is the area of Alwife Brook that's
[1:08:27]
on the sort of southwest corner of the
[1:08:29]
property that's in the open space
[1:08:31]
anyway. So this is just in case
[1:08:33]
nothing's going to happen there anyway
[1:08:35]
but this is just in case.
[1:08:40]
Then there's several conditions in item
[1:08:42]
four which include things that are going
[1:08:45]
to be updated on the set of drawings. So
[1:08:47]
we have a set of drawings right now
[1:08:49]
that's been submitted. It is the record
[1:08:50]
drawings. The process from here out
[1:08:54]
assuming that we um vote in favor of
[1:08:58]
this decision which puts the
[1:09:01]
restrictions on the the next steps of
[1:09:03]
the development. um they come back with
[1:09:06]
a set of myars that we look like with
[1:09:10]
it's like what we usually use for the
[1:09:12]
ANRS and that that's the record set
[1:09:14]
that's the endorsed set that's the sign
[1:09:16]
set we'll sign
[1:09:18]
so between now and when they come back
[1:09:20]
with the they won't be back with the
[1:09:22]
endorsed plans until the appeal period
[1:09:24]
has expired and or if there are any
[1:09:27]
appeals until those are resolved and
[1:09:29]
then when the either the appeal period
[1:09:30]
has expired or any appeals have been
[1:09:33]
resolved D, they will come back to us
[1:09:35]
with a set of plans to be endorsed. And
[1:09:38]
at that point, we check these additional
[1:09:40]
conditions which are listed here to make
[1:09:42]
sure that those are being incorporated
[1:09:43]
into the plans you're going to endorse.
[1:09:48]
And so some of these are just these
[1:09:50]
actually came mostly out of the Weston
[1:09:51]
and Samson review for some details that
[1:09:53]
need to be filled in.
[1:09:56]
And the question we had here, and this
[1:09:58]
is for Val and or Amy, this talks about
[1:10:00]
the planning board covenant, and the
[1:10:01]
covenant should be recorded with the
[1:10:03]
plans. So, I'm just looking for someone
[1:10:05]
to explain other than me what the
[1:10:08]
covenant is and how that gets recorded
[1:10:10]
with the plans.
[1:10:12]
>> Where are you reading this
[1:10:13]
>> now? Sure. Um, under subdivision control
[1:10:18]
law, there's a thing called a planning
[1:10:20]
board covenant, which is where the
[1:10:22]
future developer promises not to sell
[1:10:24]
individual lots unless and until they
[1:10:28]
have built enough of the roadway that you're allowing them to release the
[1:10:34]
lots from the the um covenant. So,
[1:10:37]
they're um the covenant is is a standard
[1:10:41]
sub subdivision control.
[1:10:44]
um paper or agreement that's part of
[1:10:48]
subdivision rules and regulations and
[1:10:51]
this um guidance. It's the same for
[1:10:55]
every town and you normally would enter
[1:10:58]
into that covenant prior to endorsing
[1:10:59]
the plans and you would do that here and
[1:11:03]
then have that be recorded with the
[1:11:05]
plans. And the reason why is that if it
[1:11:07]
isn't noted on the loting sheet, um it's
[1:11:11]
easier for someone to try to sell an
[1:11:13]
individual lot to a buyer who would then
[1:11:16]
not be protected in terms of having um
[1:11:19]
adequate ways and facilities constructed
[1:11:21]
to support the home.
[1:11:24]
>> Okay. So that's something that we'll be
[1:11:26]
working on between now and when the
[1:11:29]
endorsed plans surface that we would
[1:11:33]
prepare with you and Amy and get that
[1:11:35]
squared away.
[1:11:36]
>> Okay.
[1:11:36]
>> Yeah. It's like a a simple two or three
[1:11:38]
page document that um is standard and uh
[1:11:42]
we would provide that to the applicant
[1:11:45]
to uh sign before they come in and then
[1:11:48]
um before they came in for endorsement
[1:11:51]
and then at the same night you would
[1:11:54]
vote to um enter into the covenant and
[1:11:57]
then you would vote to um endorse the
[1:12:00]
plants.
[1:12:02]
>> Okay. Do you guys have any questions on
[1:12:04]
that?
[1:12:06]
What number are you on?
[1:12:07]
>> You have anything to add?
[1:12:09]
>> Okay.
[1:12:09]
It is 4 A. All right.
[1:12:11]
>> I'm sorry.
[1:12:13]
>> Who writes that? Does Amy write that or
[1:12:15]
does the
[1:12:16]
>> It's standard language, so we're just
[1:12:18]
going to adapt it. We your town planner
[1:12:20]
will do it and we can vet it with Amy.
[1:12:23]
>> Okay. Thank you.
[1:12:28]
» Um planning lists will be updated to
[1:12:32]
exclude invasives.
[1:12:35]
Um,
[1:12:37]
>> of course I have comments on that.
[1:12:39]
>> I'm sorry.
[1:12:39]
>> I have a comment on that. I was supposed
[1:12:41]
to email you some other language, but I
[1:12:44]
did not. Um, I don't I don't think that is quite accurate. I think it
[1:12:50]
should say street trees because there's
[1:12:53]
no other planting identified on this
[1:12:55]
plan shall be modified to exclude
[1:12:59]
species listed as invasive or likely
[1:13:03]
invasive as determined by
[1:13:06]
MIP a which is meag which is the
[1:13:09]
Massachusetts Invasive Plant Advisory
[1:13:11]
Group. Um,
[1:13:14]
I would like to add that they should be
[1:13:18]
native to the northeast, but that gets
[1:13:21]
into sort of our discussion on lamposts.
[1:13:24]
And I don't know what travels over to
[1:13:27]
allowable recommendations versus design
[1:13:30]
choices.
[1:13:32]
So, whatever you're requiring here is
[1:13:34]
going to be within the infrastructure.
[1:13:36]
So, for example, it would be um anything
[1:13:40]
in the right of way of the street. It
[1:13:42]
would be anything in the um in the
[1:13:44]
drainage facilities, anything like that.
[1:13:46]
I don't see any problem with your with
[1:13:48]
your proposed condition.
[1:13:50]
>> Great.
[1:13:50]
>> But I didn't get it. So I maybe you can
[1:13:53]
write it down.
[1:13:54]
>> Yeah, I I actually emailed you and
[1:13:56]
Teresa something, but I've already
[1:13:57]
revised it because I didn't include
[1:13:58]
MEPAG, but I think they're the legal
[1:14:01]
source for invasive plants in
[1:14:03]
Massachusetts. So,
[1:14:04]
>> but Beth, would you don't you think
[1:14:06]
plantings would be more a broader
[1:14:09]
not just the trees because we're talking
[1:14:11]
about areas where the you know any
[1:14:14]
essentially infrastructure area. So,
[1:14:16]
there could be
[1:14:16]
>> tension ponds.
[1:14:18]
>> I guess it could say we could keep
[1:14:20]
landscape planting, but none of that is
[1:14:23]
shown on this on our plan that we're
[1:14:25]
approving now. So, I'm not clear on what
[1:14:28]
>> I I would keep it broad. I would say
[1:14:29]
landscape planting and I would say
[1:14:31]
landscape planting and street trees.
[1:14:33]
>> Exactly. Yep.
[1:14:34]
>> And if there is no landscape planning,
[1:14:36]
so what?
[1:14:36]
>> Right.
[1:14:37]
>> Okay.
[1:14:39]
>> Um, so will you
[1:14:42]
>> I'm sending it right now.
[1:14:43]
>> Will that carry over to landscape
[1:14:45]
planting that's done on the property?
[1:14:47]
>> No.
[1:14:48]
We can't control
[1:14:49]
>> street zone,
[1:14:51]
>> but I thought we talked about the
[1:14:52]
retention ponds having plantings sort of
[1:14:55]
around it that
[1:14:58]
>> you can monitor those.
[1:15:00]
>> That would be
[1:15:00]
>> great because those
[1:15:02]
are in easements. Yeah,
[1:15:03]
>> that's that's infrastructure.
[1:15:05]
>> So, we're not putting fragmitees out in
[1:15:06]
the
[1:15:07]
>> No. So, I I think we should include the
[1:15:09]
retention ponds like
[1:15:10]
>> Right.
[1:15:11]
>> And that would fall under landscape
[1:15:12]
plantings.
[1:15:13]
>> Okay. Okay.
[1:15:14]
>> Yeah. That's why I want to keep
[1:15:15]
landscape.
[1:15:15]
>> When do we review those?
[1:15:17]
>> I'm sorry.
[1:15:18]
>> When do they when do we see those or
[1:15:21]
review those
[1:15:23]
>> the plans?
[1:15:24]
>> Prior to endorsement.
[1:15:27]
>> What's that?
[1:15:28]
>> Prior to endorsement.
[1:15:28]
of the plans. Yeah.
[1:15:43]
So, will you just read that out loud for
[1:15:44]
us again, please? I'm not going to try
[1:15:46]
and write it down because you're going
[1:15:47]
to send it, but when we vote on this, we
[1:15:49]
have to
[1:15:50]
>> landscape reference. Land, it should say
[1:15:52]
landscape plantings shall be modified to
[1:15:55]
exclude planting.
[1:15:56]
>> Oh, Beth, I'm so sorry.
[1:15:58]
>> It should landscape plantings and street
[1:16:00]
trees. Yeah.
[1:16:01]
>> Landscape plantings and street trees
[1:16:03]
shall be modified to exclude plants
[1:16:06]
listed as invasive or likely invasive as
[1:16:09]
identified by MIP. I call it my PAG, but
[1:16:14]
I don't know. Anyway, and should be
[1:16:16]
native to the Northeast United States
[1:16:24]
» and you are emailing that
[1:16:27]
>> right this minute.
[1:16:28]
>> Okay.
[1:16:30]
Does that sound reasonable?
[1:16:31]
>> Yes.
[1:16:32]
>> Okay.
[1:16:33]
>> Board members.
[1:16:34]
>> Yep.
[1:16:38]
» Um, drainage easements shall be updated
[1:16:40]
and accurately shown on the loting
[1:16:42]
plans. That's just a final detail that
[1:16:45]
the applicant needs to take care of,
[1:16:47]
which they're aware of. Um, rip wrap
[1:16:49]
shall be added to FES8 was a comment
[1:16:52]
from the peer reviewer.
[1:16:55]
>> What's FES8
[1:16:57]
>> plan?
[1:17:02]
Is it is it a page number?
[1:17:03]
>> Yeah, it's a page.
[1:17:04]
>> No, it's
[1:17:05]
>> I mean it's not a on the title block.
[1:17:08]
So,
[1:17:08]
>> wouldn't it be
[1:17:09]
>> Isn't it a plan?
[1:17:11]
>> Because they want it shown on Oh, added
[1:17:14]
is that might be
[1:17:16]
>> Can we just add Can we just add the page
[1:17:19]
number to go with it?
[1:17:20]
>> Fing.
[1:17:24]
» Yeah, this was a comment eight. This was
[1:17:26]
a comment from the peer reviewer that
[1:17:29]
frankly I just translated because it was
[1:17:32]
just an omission on the plans. So um
[1:17:37]
» be down at the end if it's anywhere.
[1:17:41]
>> Do you know where FE8 is?
[1:17:42]
>> It's
[1:17:47]
what plan are we looking at? We really
[1:17:49]
can't on two.
[1:17:54]
» If the applicant knows where this is, a comment that came from the
[1:17:57]
peer review and I just copied it down
[1:17:59]
because it's one thing that
[1:18:00]
>> Yeah. No, I get it. I just think we
[1:18:02]
should, you know, know where it is so
[1:18:05]
that
[1:18:07]
>> whoever helps reviewing it can
[1:18:10]
>> What? Jesse's here. Jesse's going to
[1:18:12]
weigh in for us. Thank you, Jesse.
[1:18:14]
>> Sure. For the record, Jesse Johnson,
[1:18:16]
Weston, and Samson. So I believe that's
[1:18:18]
pond 2P that is shown on sheet 30 of 58.
[1:18:25]
It's an outlet the drainage outlet that
[1:18:27]
discharges into that pond that just did
[1:18:30]
not show rip wrap like all the other
[1:18:33]
FPS's or outlet pipes did show it. That
[1:18:36]
was just one that um was missed. We're
[1:18:38]
suggesting it comment is fine. I just
[1:18:41]
want to locate it. That's all
[1:18:44]
comment.
[1:18:49]
Thank you, Jesse.
[1:18:59]
» Is it this right here?
[1:19:01]
>> Is that panto?
[1:19:03]
>> F2.
[1:19:04]
>> F8.
[1:19:08]
I think that we can leave the comment as
[1:19:10]
it is and Bill can work with um Jesse or
[1:19:14]
the applicant afterwards to confirm
[1:19:16]
exactly where he needs to check.
[1:19:18]
>> Yeah. I mean, even if we just put on
[1:19:20]
sheet
[1:19:21]
>> 30 and 58.
[1:19:22]
>> Yeah,
[1:19:23]
>> that's what I have. F8.
[1:19:26]
>> Yeah.
[1:19:31]
» Okay. So it would be rip wrap shall be
[1:19:32]
added to fees8 on sheets 30 and 58.
[1:19:37]
>> 30 of 58.
[1:19:38]
>> Oh 30 of 58. Sorry. Okay.
[1:19:48]
F E S8 and then on sheet on sheet 30 of
[1:19:52]
58
[1:19:54]
and then
[1:20:01]
30 of 58.
[1:20:02]
>> Y okay.
[1:20:07]
» And that was pond two.
[1:20:10]
>> Yes.
[1:20:14]
So that will be read rip wrap shall be
[1:20:17]
added to fees8
[1:20:19]
in pond two on sheet 30 of it's actually
[1:20:23]
57 sheets now one was deleted
[1:20:26]
>> just do page 30 sheet 30
[1:20:28]
>> just do sheet 30
[1:20:29]
>> okay so just sheet 30 period
[1:20:35]
» number
[1:20:39]
» yeah
[1:20:42]
the the the
[1:20:43]
>> Yeah, the page numbers.
[1:20:46]
>> Yeah, it was a
[1:20:50]
» Okay,
[1:20:55]
» we have sheet 30 pine two on sheet 30.
[1:20:59]
>> I just want to ask this question. I
[1:21:01]
guess sheet sheet 35 is a tree planting
[1:21:04]
plan
[1:21:05]
>> is what
[1:21:06]
>> tree planting plan.
[1:21:09]
Is there any other landscaping that's
[1:21:11]
going to take place? Do we need to show
[1:21:13]
landscaping on the
[1:21:15]
>> hearing is closed? We can't talk to the
[1:21:16]
applicant anymore. Really? I mean this
[1:21:18]
is that
[1:21:19]
>> No, I thought I was talking to you.
[1:21:20]
Okay.
[1:21:20]
>> Yeah. We determined that there's no
[1:21:22]
other landscaping shown in the set.
[1:21:24]
>> So in the drainage ponds and all that
[1:21:26]
there's no landscaping shown.
[1:21:28]
>> No.
[1:21:30]
So that will be shown prior to
[1:21:31]
endorsement.
[1:21:33]
>> Okay, that's what I was
[1:21:34]
>> That's what we added.
[1:21:34]
>> That's what I want to make sure.
[1:21:35]
>> So that's what we just added under um
[1:21:39]
under 4B.
[1:21:41]
>> So we are going to see a tree we're
[1:21:42]
going to see a planting plan, not a tree
[1:21:45]
planting plan,
[1:21:48]
>> landscape plantings.
[1:21:50]
>> So did but did we say that we want
[1:21:52]
>> No. If you want a if you actually want a
[1:21:54]
landscaping
[1:21:56]
>> a landscape planting plan for all of the
[1:21:59]
infrastructure that needs to be a
[1:22:01]
condition because you do not necessarily
[1:22:03]
have that right now.
[1:22:05]
>> All we have is landscape planting shall
[1:22:07]
be modified
[1:22:09]
>> you know to exclude planting. So I think
[1:22:11]
that actually assumes there will be a
[1:22:13]
plan because where else would they be
[1:22:14]
showing it? that I think you can put.
[1:22:17]
So, going back to 4B
[1:22:19]
>> landscaping plan,
[1:22:19]
>> you can put um a landscaping plan shall
[1:22:22]
be provided
[1:22:24]
to show and then Beth's condition.
[1:22:35]
» So, did you
[1:22:35]
>> I'm not clear that my condition
[1:22:38]
identifies the drainage infrastructure
[1:22:41]
at all.
[1:22:42]
>> Right. So we
[1:22:43]
>> I mean are are you planning to plant
[1:22:45]
that? I mean it's likely they could just
[1:22:47]
Sorry. They could just be seeding that
[1:22:49]
with a with a seed mix. I mean we
[1:22:54]
haven't we haven't discussed it. We
[1:22:56]
haven't identified that infrastructure.
[1:22:58]
So we could
[1:23:00]
>> we should know what they're planting it
[1:23:02]
with.
[1:23:02]
>> We really should. Yeah. So,
[1:23:06]
a landscaping plan shall be provided to
[1:23:10]
um designate
[1:23:14]
um landscape plantings and street trees
[1:23:19]
uh to and to exclude.
[1:23:22]
So what I sent hold on sorry I can just
[1:23:25]
pull just sent you.
[1:23:29]
>> So what I sent the language says
[1:23:31]
landscape plantings in street trees
[1:23:32]
shall be modified to exclude plants
[1:23:35]
listed as invasive or likely invasive as
[1:23:38]
identified by my all selected plants and
[1:23:41]
street trees shall be native to the
[1:23:43]
northeast United States. Right. So we
[1:23:45]
need to add before that that a
[1:23:46]
landscaping plan shall be provided
[1:23:49]
>> for all infrastructure areas.
[1:23:51]
>> Yes.
[1:23:54]
And if they're just seating those areas,
[1:23:57]
they just show seated areas.
[1:23:58]
>> Correct. I mean, ideally they'd share a
[1:24:00]
seed mix.
[1:24:02]
>> Yes.
[1:24:02]
>> Yeah. I think it's good to get the seed
[1:24:03]
mixing plant shall be provided for all
[1:24:08]
infrastructure,
[1:24:09]
>> but is there a certain percentage
[1:24:13]
of landscaping that should be met?
[1:24:18]
>> You don't have any requirements of it. I
[1:24:21]
mean,
[1:24:22]
>> could we request that?
[1:24:23]
>> It's just how about if it's just like
[1:24:26]
>> it could be the bare minimum. Like would
[1:24:30]
shouldn't there be a percentage that
[1:24:32]
they have to at least have
[1:24:35]
>> have what?
[1:24:37]
>> Plantings,
[1:24:39]
trees.
[1:24:39]
>> We don't have any requirement in our
[1:24:41]
rules and regulations that talk about
[1:24:43]
that. We can't
[1:24:44]
>> we can't request like for example a
[1:24:47]
landscape architect be involved in the
[1:24:49]
certain
[1:24:50]
>> we could but not not a week before the
[1:24:53]
deadline
[1:24:55]
I mean this is you know if that if that
[1:24:58]
would have been something to talk about
[1:25:00]
really at the preliminary plan stage
[1:25:01]
when we were
[1:25:03]
>> why can't we why can't we
[1:25:06]
add it
[1:25:08]
>> we have six days before they get a
[1:25:10]
constructive approval
[1:25:11]
>> no I Can I
[1:25:14]
>> It's Go ahead, Bill.
[1:25:17]
>> I was just going to offer that a lot of
[1:25:19]
times what we'll say is the landscape
[1:25:21]
plan shall be um
[1:25:25]
shall be provided by a landscape
[1:25:27]
architect or other qualified
[1:25:29]
professional. And then that that just
[1:25:32]
indicates that it's not going to be um
[1:25:38]
an unqualified plan and that it would
[1:25:40]
show you for all infrastructure areas.
[1:25:44]
That way you're getting if they have a
[1:25:46]
landscape architect on board, that
[1:25:48]
person would be doing it. If if they
[1:25:50]
don't, they'd have somebody who's
[1:25:52]
qualified and knowledgeable about plants
[1:25:54]
putting it together.
[1:25:56]
You know, if you saw that it was being
[1:25:58]
prepared by a a sewer professional, you
[1:26:01]
could say, "I I object to this sewer
[1:26:04]
professional's landscape plan."
[1:26:09]
» Amy,
[1:26:11]
>> yeah, I I agree with Val. Um there I
[1:26:13]
don't think that at this stage we could
[1:26:16]
require certain areas be planted,
[1:26:19]
certain areas not be planted. Um or
[1:26:23]
percentage. I don't know how we can
[1:26:25]
calculate that
[1:26:26]
>> but we can request we we can require an
[1:26:29]
architect landscape design
[1:26:33]
>> uh a yeah submitted by a landscape
[1:26:35]
architect or qualified individual is
[1:26:37]
fine.
[1:26:37]
>> Yeah.
[1:26:38]
>> Okay. So we can add that
[1:26:39]
>> a landscaping plan prepared by a
[1:26:41]
qualified professional should be
[1:26:43]
provided
[1:26:45]
to
[1:26:46]
>> for all in for all infrastructure areas.
[1:26:53]
Then she'll designate landscape
[1:26:55]
plantings and street trees.
[1:26:58]
>> And then best sentence about the
[1:27:01]
invasive
[1:27:04]
» you say by a qualified landscape
[1:27:08]
professional,
[1:27:10]
>> right? Could prepare by a qualified
[1:27:12]
landscape professional.
[1:27:15]
>> Why don't we say landscape architect or
[1:27:17]
qualified landscape professional?
[1:27:26]
by a landscape architect or qualified
[1:27:31]
landscape professional.
[1:27:44]
» So, it's going to say a landscaping
[1:27:46]
plan.
[1:27:48]
>> Landscaped plan. Landscape
[1:27:51]
>> plan.
[1:27:52]
>> Yeah, landscape, not landscape.
[1:27:54]
>> Okay.
[1:27:54]
>> A landscape plan.
[1:27:56]
>> They're always called landscaping plans.
[1:27:58]
>> No,
[1:28:00]
>> it's landscape.
[1:28:01]
>> That's a landscape architect. And I'm
[1:28:02]
not going to argue.
[1:28:04]
>> Maybe. I was going to say maybe by
[1:28:06]
lawyers.
[1:28:07]
>> I guess I'm always saying it wrong.
[1:28:09]
>> Yes,
[1:28:10]
>> that's how I always put it in my
[1:28:12]
decision. Landscaping plan. So, it
[1:28:13]
should be a landscape plan.
[1:28:16]
prepared by a landscape
[1:28:19]
architect or qualified professional
[1:28:23]
shall be provided for all infrastructure
[1:28:26]
areas and shall designate landscape
[1:28:29]
plantings and street trees.
[1:28:32]
And then we'll add Beth sentence about
[1:28:34]
invasive species and native to the
[1:28:37]
northeast.
[1:28:39]
>> Oh yeah, qualified landscape
[1:28:41]
professional, right?
[1:28:44]
We don't want
[1:28:44]
>> So be prepared by a landscape architect
[1:28:47]
or qualified
[1:28:48]
>> landscape professional.
[1:28:49]
>> Qualified landscape. Okay. Yep. I have
[1:28:52]
that. I just missed that because I have
[1:28:53]
landscape twice. So landscape architect
[1:28:56]
or a qualified landscape professional.
[1:29:00]
>> Sounds good. All right.
[1:29:03]
Moving on. At the top of the next page, six, um e monuments shall be shown
[1:29:08]
on the loading plan. That's just another
[1:29:11]
um detail that the applicant realizes
[1:29:13]
they have to add. Um
[1:29:16]
we took final signage plans and details
[1:29:21]
out of prior to endorsement and had has
[1:29:25]
added so we're still going to see them
[1:29:27]
just not before endorsement. So we'll
[1:29:29]
still have an opportunity to review
[1:29:30]
those. And so um that has been added on
[1:29:35]
the very last page under other
[1:29:37]
conditions is number 30 says final
[1:29:39]
signage plans in detail shall be shown
[1:29:41]
on the construction plans rather than
[1:29:43]
the endorsement plans.
[1:29:46]
>> So they're still in there. It's just not
[1:29:47]
prior to endorsement. I was just curious
[1:29:49]
what the change was, why you decided,
[1:29:52]
>> there's already signs shown in there and
[1:29:53]
there's just just an opportunity to
[1:29:55]
develop them and it's it's something
[1:29:56]
we'll see before they go up and it's
[1:29:58]
just more time to put them in the
[1:30:01]
construction plans
[1:30:08]
provide the third party testing
[1:30:10]
reference from NJC technology referenced
[1:30:13]
in the review spon. So there was just in
[1:30:17]
the whole storm water discussion between
[1:30:19]
the applicant and our peer reviewer,
[1:30:21]
there was a reference to a testing
[1:30:23]
standard that um the reply was based on
[1:30:27]
and that just needs to be transmitted to
[1:30:29]
the peer reviewer and we'll get a copy
[1:30:31]
of that. Can we uh extend the initials
[1:30:35]
for NJCAT
[1:30:37]
uh to the long form you know the
[1:30:40]
accessible
[1:30:41]
the acceptable accessible standard for
[1:30:44]
documents that will post
[1:30:47]
recommend that you have the full
[1:30:50]
language. So
[1:30:51]
>> So you're saying you want what the the
[1:30:53]
acronym stands for? Right.
[1:30:54]
>> Okay. I will find that out and I will
[1:30:56]
add that. Wherever there's an acronym
[1:30:58]
that doesn't have that somewhere at le
[1:31:02]
» Well, the one that
[1:31:04]
>> Oh, that she's going to spell that out.
[1:31:07]
Massachusetts invasive something advisory group.
[1:31:10]
>> Yeah, but you'll be giving all of the
[1:31:13]
words.
[1:31:13]
>> I mean, that's the only one I
[1:31:17]
» just in case
[1:31:18]
>> and and I I will get that from either
[1:31:20]
peer reviewer or um the applicant to add
[1:31:23]
that language in. But you're correct,
[1:31:24]
Simone.
[1:31:26]
NJC cat.
[1:31:32]
Um then condition five, the water man
[1:31:35]
shall be looped and connected to the
[1:31:36]
existing main on Turtleback. That was in
[1:31:38]
our draft. We've taken that out because
[1:31:40]
Weston and Samson has confirmed that
[1:31:42]
that's on the plans. So there's no need
[1:31:44]
to condition it.
[1:31:47]
The emergency access road shall include
[1:31:49]
an automated gate at the end of
[1:31:50]
turtleback extension at the end of the
[1:31:52]
culde-sac road A within the subdivision
[1:31:56]
limiting access to the emergency road to
[1:31:58]
emergency vehicles and emergency egress
[1:32:02]
ingress of private residents during an
[1:32:04]
emergency only. The surface and design
[1:32:06]
of the emergency access road shall be
[1:32:08]
verified to be acceptable to the Essex
[1:32:10]
Fire Department, Police Department and
[1:32:12]
Department of Public Works. So this just
[1:32:15]
a condition that before things get
[1:32:17]
constructed that will be um
[1:32:20]
go through the construction plans will
[1:32:22]
go before the DPW fire department and
[1:32:26]
police departments to review that.
[1:32:27]
>> What is the standard they're going to be
[1:32:28]
using?
[1:32:31]
My only question is is we leave three
[1:32:33]
different departments for three
[1:32:35]
different approvals on a type of road.
[1:32:39]
I see a problem with that. I'm picking
[1:32:42]
anybody. I see three different opinions.
[1:32:44]
>> What do you mean? What standards?
[1:32:45]
>> It says the surface and design of the
[1:32:47]
emergency access road shall be verified.
[1:32:50]
>> Oh, the the three departments are going
[1:32:52]
to have to agree on it.
[1:32:54]
>> Yeah. Wouldn't it be better if we just
[1:32:56]
put it to a standard of the subdivision
[1:32:58]
standard road of 3 in or whatever we
[1:33:00]
require?
[1:33:01]
>> So, it's we know it's a paved road.
[1:33:03]
That's where the fire department has
[1:33:04]
made that statement. They want a paved
[1:33:06]
road
[1:33:08]
>> where it ties into turtle back. It's not
[1:33:10]
ti it's not paved because that's not
[1:33:12]
paved. No,
[1:33:14]
>> I thought it was
[1:33:15]
>> Yeah, it was going to be paved.
[1:33:16]
>> I thought it was going to be paved all
[1:33:17]
the way to That was the request of the
[1:33:19]
fire department. Pave it all the way to
[1:33:20]
Turtle Back.
[1:33:24]
>> This is
[1:33:26]
why I asked now.
[1:33:27]
>> That's why I'm asking now.
[1:33:29]
>> The fire department wants it paved
[1:33:31]
>> and you can leave this as it is because
[1:33:33]
the police department and the department
[1:33:34]
of public works aren't going to argue
[1:33:35]
about it being paved. It's really only
[1:33:37]
if it's not paid that they're going to
[1:33:39]
have determined they have to determine
[1:33:41]
what's acceptable.
[1:33:42]
>> I mean, if you want if you want to bring
[1:33:44]
it down to just one department, it would
[1:33:45]
be the fire department,
[1:33:47]
>> right? But there's no reason that the
[1:33:49]
DPW can't have a say in it, too.
[1:33:51]
>> Right. How it's
[1:33:52]
>> I would prefer to let everyone have a
[1:33:54]
say in it. And and all of these people
[1:33:57]
work with each other all the time. And
[1:33:58]
I'm sure we can come to a consensus.
[1:34:00]
>> The more restrictive interpretation, the
[1:34:02]
more restrictive desire will prevail,
[1:34:04]
>> right? and and so the DPW could worry
[1:34:07]
about one thing and the fire department
[1:34:09]
could worry about another. We need to
[1:34:11]
meet make all of them happy.
[1:34:14]
>> Okay.
[1:34:17]
>> But can't we just say the paved surface
[1:34:20]
and design just put paved
[1:34:23]
>> this
[1:34:25]
with what?
[1:34:25]
>> Concrete as
[1:34:26]
>> what's
[1:34:29]
>> I would be surprised it the emergency
[1:34:32]
roads are usually not paved. This one is
[1:34:35]
>> because it's longer.
[1:34:37]
>> This one is paved because it's steep and
[1:34:39]
long.
[1:34:39]
>> Okay.
[1:34:40]
>> And it's paved for most of the distance,
[1:34:41]
but right where it comes out on Turtle
[1:34:43]
Back Road, it's in people's driveways.
[1:34:44]
They all have gravel driveways now. So,
[1:34:46]
that part I don't think is getting paid.
[1:34:48]
We can clarify that. But this is the
[1:34:51]
police and fire have the applicant has
[1:34:53]
taken the plans to police and fire
[1:34:55]
already and talked about it. So, they're
[1:34:57]
okay with what's on the plans. I know
[1:34:59]
that. I mean, I talked to them today. So
[1:35:01]
the police the fire department's
[1:35:03]
requiring it to be paved even though
[1:35:05]
they're coming up a gravel road to get
[1:35:07]
to it.
[1:35:08]
>> But it's not it's it's just the driveway
[1:35:10]
>> because of the steep.
[1:35:11]
>> Yeah. The the the part that comes off at
[1:35:13]
Turtle Back is fairly flat right now.
[1:35:15]
That's where we walked out.
[1:35:17]
>> But the the pitch up to the subdivision
[1:35:19]
is going to be part of it is at 8%.
[1:35:22]
>> I see. Um
[1:35:24]
>> yeah, as long as they have jurisdiction
[1:35:25]
over it, right? Doesn't matter. Well,
[1:35:27]
but I mean the way this is written
[1:35:29]
>> back road or turtleback What? It says
[1:35:31]
road on the plan. Is it turtle back road
[1:35:33]
or turtleback extension? What's
[1:35:35]
>> turtle extension? I I think of turtle
[1:35:37]
back as the
[1:35:38]
>> the whole thing is turtle but it's
[1:35:40]
turtleback extension on the loop where
[1:35:42]
it comes in.
[1:35:43]
>> Okay.
[1:35:52]
Then the sixth condition just addresses
[1:35:55]
our clerk of the works construction
[1:35:57]
inspector
[1:35:59]
to review the work on our behalf.
[1:36:06]
» Why do we have two names?
[1:36:10]
Why is it why isn't it just called clerk
[1:36:11]
of the works everywhere? Because
[1:36:12]
sometimes it's called representative,
[1:36:14]
sometimes it's called construction
[1:36:15]
inspector.
[1:36:16]
>> It should be a third party inspector.
[1:36:18]
>> It should be what? third party inspector
[1:36:20]
is what it should be. But
[1:36:21]
>> okay,
[1:36:21]
>> so we're taking those both out and being
[1:36:23]
third party inspector.
[1:36:24]
>> But then we'd have to change it
[1:36:25]
everywhere.
[1:36:26]
>> Yeah,
[1:36:26]
>> that's okay. That's what word searches
[1:36:28]
for.
[1:36:28]
>> And then the other thing is um Madam
[1:36:31]
Chair, do we want to put in that um that
[1:36:34]
it at the applicant's expense? Do we
[1:36:36]
want to put in that it will be pursuant
[1:36:38]
to um 4453G,
[1:36:41]
which is the peer review account, and
[1:36:43]
then if it gets down to a certain
[1:36:44]
amount, they have to replenish it.
[1:36:46]
That's in So that here. I thought I
[1:36:49]
>> No, we haven't mentioned that anywhere.
[1:36:51]
>> Okay.
[1:36:52]
>> So, that um that's MGL.
[1:36:55]
>> I can get this to you. Yes. So, it's um
[1:36:58]
Yeah, it's MGL chapter 44 section 56 53
[1:37:03]
G. And then
[1:37:04]
>> right
[1:37:05]
>> what we do is we come up with a um an
[1:37:08]
initial amount which is usually um
[1:37:12]
>> it can be anywhere between 25 and
[1:37:14]
$10,000 and then if it gets down to 2500
[1:37:18]
or 1500 they have to replenish it by up
[1:37:21]
to to have it up to 5,000 at all times.
[1:37:25]
>> Yeah. I was going to recommend that it
[1:37:26]
be kept at a minimum during construction
[1:37:28]
at 5,000.
[1:37:30]
>> Okay.
[1:37:31]
and I can provide that language.
[1:37:34]
>> Um, I have it for most of my decisions.
[1:37:37]
>> Okay.
[1:37:43]
» Any questions on that?
[1:37:45]
>> And is that the same thing as the
[1:37:47]
performance security?
[1:37:49]
>> Where are you looking?
[1:37:50]
>> Where's that?
[1:37:51]
>> That's much later. Number 32 references
[1:37:54]
the performance security. And I just had
[1:37:56]
a comment that we don't have anything
[1:37:57]
that says anything about the performance
[1:37:58]
security. That's different. Um, what you
[1:38:01]
do have is the covenant. The covenant
[1:38:03]
serves as your security until they want
[1:38:06]
to post a co u a performance guarantee.
[1:38:10]
>> I don't even see it.
[1:38:11]
>> Uh, the top. Well, sorry.
[1:38:14]
It's on the old one. Um, number 32.
[1:38:19]
>> Which version?
[1:38:23]
>> Maybe different now.
[1:38:25]
>> It's different. I think
[1:38:26]
>> site. It's right above site maintenance.
[1:38:28]
Where is that? There it is. Number 28.
[1:38:36]
» Oh, that that's different. Yeah,
[1:38:37]
>> it's totally different. Yep. Okay.
[1:38:47]
So, we're just going to add to
[1:38:50]
condition six.
[1:38:56]
Um, language that references Mass
[1:38:59]
General chapter 44
[1:39:02]
and Amy will get us at its standard
[1:39:05]
reference.
[1:39:06]
>> Yes.
[1:39:06]
>> Okay.
[1:39:07]
send myself an email.
[1:39:09]
>> Yep. So, prior to construction, moving
[1:39:12]
on to the next section,
[1:39:15]
the boilerplate about being registered.
[1:39:21]
Um,
[1:39:28]
» I think that should say recorded.
[1:39:31]
>> I'm sorry.
[1:39:33]
>> I think the word there should be
[1:39:35]
recorded.
[1:39:37]
on on seven
[1:39:39]
>> recorded or registered.
[1:39:42]
>> Oh,
[1:39:43]
>> there.
[1:39:46]
» Um I'm not clear. Oh, you're talking on
[1:39:49]
seven. It says recorded or registered.
[1:39:51]
>> Yeah.
[1:39:56]
» So, what what needs to change there?
[1:40:00]
>> I would just say reported
[1:40:02]
>> and not registered.
[1:40:05]
Yeah,
[1:40:06]
>> recorded.
[1:40:32]
Okay, the next
[1:40:34]
Um,
[1:40:37]
for the next couple ones, we need to
[1:40:40]
look at the final document because the
[1:40:42]
edits here are really confusing. So,
[1:40:45]
after that one, um, where we're taking
[1:40:47]
out registered, just recorded instead.
[1:40:57]
Then number eight, we'll read.
[1:41:01]
Okay. So, so eight
[1:41:04]
jumps. So, nine, there's a nine in the
[1:41:09]
um the draft. That's confusing because
[1:41:11]
that's deleted. And then eight is prior
[1:41:14]
to construction,
[1:41:16]
which comes from the paragraph above.
[1:41:18]
But prior to construction, a storm water
[1:41:19]
pollution prevention plan
[1:41:22]
SWPP shall be submitted to the planning
[1:41:24]
board and shall include a storm water
[1:41:26]
management controls, dust suppression
[1:41:28]
plan, and all construction phase
[1:41:30]
dewatering and should be made available
[1:41:32]
to the town's construction inspector for
[1:41:34]
review.
[1:41:39]
And that if we change construction
[1:41:41]
inspector to third party inspector, that
[1:41:44]
change will be made throughout.
[1:41:47]
Any questions on that?
[1:41:50]
>> Uh I
[1:41:52]
the um I didn't know we had a inspection
[1:41:57]
construction inspector. Is that Bill?
[1:42:00]
>> No, that's third party.
[1:42:01]
>> That's why it's a third party.
[1:42:02]
>> That's a clerk of the works person. The
[1:42:04]
person that we hire to oversee the
[1:42:07]
project on our behalf because we don't
[1:42:09]
have the qualifications or time to do
[1:42:11]
that.
[1:42:13]
Um, nine will be prior to construction
[1:42:17]
activity of any kind
[1:42:20]
and prior to any construction equipment
[1:42:22]
being introduced into the site
[1:42:23]
associated with the site plan. The
[1:42:25]
developer shall submit to the planning
[1:42:26]
board and the town's construction
[1:42:27]
inspector a proposed phase construction
[1:42:30]
sequence schedule, timetable, and bar
[1:42:32]
chart. said schedule shall be to be used
[1:42:34]
as a guide to activities within the
[1:42:36]
development including construction of
[1:42:38]
roadways utilities drainage system
[1:42:41]
stabilization earth removal and
[1:42:42]
stockpiling. The schedule once
[1:42:44]
established it will not be deviated from
[1:42:46]
and may only be modified in agreement
[1:42:48]
between the developer and the planning
[1:42:50]
board. When we change that from
[1:42:52]
construction inspector to planning board
[1:42:54]
because he's working at our disposal.
[1:42:59]
Madam Chair, can you add uh the building
[1:43:02]
commissioner on to any submitts?
[1:43:06]
>> So where where's any submitts?
[1:43:08]
>> Yeah, all these that are required to go
[1:43:09]
to the planning board and to the third
[1:43:11]
party inspector that I get a copy of it
[1:43:14]
to so I can keep it for records. So
[1:43:17]
>> So
[1:43:19]
you're where are you looking? um on any
[1:43:22]
of these prior to construction and
[1:43:24]
endurance stuff and they have to submit
[1:43:25]
stuff prior to
[1:43:26]
>> okay
[1:43:27]
>> um that I get a copy of it be copied on
[1:43:29]
them just added in
[1:43:32]
>> who who who oversees the third party
[1:43:35]
construction
[1:43:36]
>> plan board
[1:43:37]
>> we do
[1:43:38]
>> yeah okay
[1:43:44]
» the applicants expense
[1:43:46]
>> I think that's you
[1:43:51]
It's not you.
[1:43:52]
>> Oh,
[1:43:54]
everything eventually I mean
[1:43:56]
>> everything eventually comes down to me.
[1:43:59]
>> It flows.
[1:44:07]
Okay. Number 10. Prior to construction,
[1:44:10]
an order of conditions must be received
[1:44:14]
from the conservation commission for the
[1:44:16]
work as proposed on the plans. Any
[1:44:17]
significant changes to the proposed
[1:44:19]
roads and or drainage are subject to
[1:44:23]
further review by the planning board.
[1:44:26]
>> Madam chair, I would just add that I
[1:44:28]
would just um prior to construction a
[1:44:32]
final order of conditions. So if an
[1:44:36]
order of conditions has been appealed,
[1:44:37]
it's not final.
[1:44:39]
>> Okay. Prior to construction,
[1:44:42]
>> and that is a term that D uses, final
[1:44:44]
order conditions. So, we're adding prior
[1:44:46]
to construction, a final order of
[1:44:48]
conditions must be received from the
[1:44:50]
conservation commission for the work
[1:44:52]
list. Okay.
[1:44:53]
>> And the F is capital.
[1:44:54]
>> Hm.
[1:44:55]
>> F is capital on final.
[1:44:56]
>> Oh, okay. So, it's capital F1.
[1:44:58]
>> Would we want to review it if they
[1:45:00]
change septic anything?
[1:45:05]
>> H
[1:45:06]
>> the location.
[1:45:08]
>> They have to.
[1:45:08]
>> Do you have a separate condition?
[1:45:10]
>> They they'll have to come back to us.
[1:45:12]
>> Yeah. because it's limited to roads and
[1:45:15]
drainage in this statement,
[1:45:17]
>> right? If if there's a change to the
[1:45:19]
roads and if there's a change to the
[1:45:21]
infrastructure, they have to come back
[1:45:22]
to you.
[1:45:22]
>> Okay. Can we then add the word
[1:45:24]
infrastructure
[1:45:27]
>> instead of roads and drainage?
[1:45:30]
>> It's you're saying the same thing in two
[1:45:32]
different ways. So, what do you
[1:45:34]
>> Well, infrastructure you're saying
[1:45:35]
covers septic roads and drainage.
[1:45:37]
>> No, it No, it doesn't. No,
[1:45:39]
infrastructure is roads and drainage.
[1:45:41]
Septic is se is is separate.
[1:45:43]
>> Septic as an infrastructure.
[1:45:44]
>> Would we review septic in this condition
[1:45:47]
order of conditions come back and moves
[1:45:48]
the septic?
[1:45:50]
>> You have excuse me if I may. You have a
[1:45:52]
separate condition that addresses when
[1:45:55]
the board of health reviews
[1:45:57]
>> the u shared septic systems if there's a
[1:46:00]
change in the roads and drainage that it
[1:46:02]
will come back to you for further
[1:46:04]
review. It's a separate condition. It's
[1:46:06]
yeah on 12 we talk about that it says
[1:46:08]
any significant changes proposed to the
[1:46:10]
proposed roads and or drainage are
[1:46:12]
subject to further review by the
[1:46:14]
planning board
[1:46:16]
>> right that's the one we're reading right
[1:46:18]
>> no
[1:46:19]
>> aren't we reading 12 I'm sorry
[1:46:21]
>> 12th yeah that that's on 12
[1:46:23]
>> I'm I'm number 10 same thing I'm call
[1:46:25]
I'm talking about number 10 I have
[1:46:28]
number 12 the old one but
[1:46:30]
>> but what what Amy is saying is if you
[1:46:32]
say
[1:46:32]
>> it's somewhere else
[1:46:34]
>> the septic review would be somewhere
[1:46:36]
else.
[1:46:36]
>> It's in item 12,
[1:46:38]
>> right?
[1:46:38]
>> Yeah.
[1:46:38]
>> Okay.
[1:46:41]
» Um 11 is prior to construction. There
[1:46:44]
should be an on-site walkover and
[1:46:46]
construction preview meeting to include
[1:46:48]
the town's construction inspector, the
[1:46:50]
fire chief, the police chief, the
[1:46:52]
department of public works,
[1:46:53]
superintendent.
[1:46:55]
All limits of work shall be marked in
[1:46:56]
advance. So, we'll be adding building
[1:46:58]
inspector to that list.
[1:47:01]
Can we revise the first sentence to say
[1:47:04]
instead of there will shall be an
[1:47:05]
on-site walkover that there shall be a
[1:47:08]
mandatory preconstruction site meeting
[1:47:10]
and walkthrough shall be conducted.
[1:47:14]
I mean the language is a little funky.
[1:47:18]
>> So say that again slowly.
[1:47:22]
>> Prior to construction, a mandatory
[1:47:26]
preconstruction site meeting
[1:47:32]
and walk through
[1:47:35]
shall be conducted.
[1:47:37]
Period.
[1:47:42]
The town
[1:47:45]
third party inspector, the building
[1:47:48]
commissioner, the fire chief, blah blah blah.
[1:47:52]
Or attendees must include the town, blah blah blah blah.
[1:47:57]
>> Okay. attendee shall include.
[1:48:07]
» Okay. So, prior to construction, a
[1:48:08]
mandatory pre-construction site meeting
[1:48:11]
and walkth through shall be conducted.
[1:48:14]
Period.
[1:48:17]
Attendees
[1:48:21]
shall include the town's construction
[1:48:24]
inspector, the fire chief, the police
[1:48:25]
chief, the department of public works,
[1:48:28]
>> no police chief, but
[1:48:31]
the building commissioner.
[1:48:33]
>> H
[1:48:33]
>> the building commissioner,
[1:48:34]
>> right? And the building inspector is is
[1:48:36]
added there.
[1:48:37]
>> Yeah.
[1:48:38]
>> But that the police chief isn't on this
[1:48:40]
list. Do we want the police chief?
[1:48:42]
>> He's on the list.
[1:48:43]
>> You're on the wrong You're on the wrong
[1:48:45]
document. We're on the We're on the
[1:48:47]
>> Sorry. Sorry. Sorry. I just got this
[1:48:49]
one. I I reviewed it.
[1:48:52]
>> Okay.
[1:48:53]
>> Yeah. So, prior to construction, a
[1:48:56]
mandatory preconstruction site meeting
[1:48:58]
and walkthrough shall be conducted.
[1:49:01]
Period. Attendees shall include the
[1:49:04]
town's construction consultant,
[1:49:05]
inspector,
[1:49:08]
the fire chief, the police chief, the
[1:49:09]
department of public works
[1:49:10]
superintendent, and the building
[1:49:12]
inspector.
[1:49:15]
All limits of work shall be marked in
[1:49:16]
advance of this meeting. During this
[1:49:18]
meeting, there will be a video recording
[1:49:19]
made of the existing condition of Essex
[1:49:21]
Park Road up to and including the
[1:49:24]
intersection curbing with Route 13.
[1:49:26]
That's Route 22.
[1:49:30]
Um,
[1:49:31]
>> yeah, I was wondering how that video was
[1:49:32]
going to be made.
[1:49:34]
>> Who's doing the video then? Who would do
[1:49:36]
the video?
[1:49:38]
>> The town inspector.
[1:49:42]
» Who who does the video? So either the
[1:49:44]
applicant can do the video or pay our
[1:49:46]
town inspector to do it, but it's it
[1:49:48]
it's
[1:49:51]
» Yeah. I
[1:49:57]
» I don't know. It just seems vague there.
[1:49:58]
I just That's why I was wondering.
[1:50:02]
>> I don't know who would do that, but it
[1:50:04]
>> I think it'll be a group decision at the
[1:50:06]
time. Whoever has the equipment can make
[1:50:08]
the video as and they'll it'll be made
[1:50:11]
as a group and then everybody will have
[1:50:13]
a copy of it.
[1:50:15]
>> Who's do who's going to have the
[1:50:16]
equipment,
[1:50:17]
>> right? Like who has equipment? Just put
[1:50:19]
the applicant
[1:50:20]
>> phone whoever
[1:50:22]
>> just say applicants.
[1:50:24]
>> Yeah, just make the applicant do it
[1:50:25]
during this meeting. The applicant will
[1:50:28]
uh video will will make a video
[1:50:32]
recording.
[1:50:33]
>> Okay. Thanks. So
[1:50:36]
the applicant
[1:50:42]
» during this meeting the applicant will
[1:50:45]
make a video recording of
[1:50:48]
>> made of the exist and then just keep
[1:50:49]
going. Yeah.
[1:50:50]
>> Yeah. Of the existing condition of Essex
[1:50:52]
Park Road up to including the
[1:50:53]
intersection curving route 22 and
[1:50:56]
including the culvert that crosses
[1:50:58]
underneath the roadway which should be
[1:51:00]
used to document existing conditions.
[1:51:02]
the Department of Public Works or its
[1:51:04]
representative and the developer shall
[1:51:06]
walk the area every six months during
[1:51:07]
construction to determine if any damage
[1:51:09]
has occurred as a result of construction
[1:51:11]
and the developer shall make repairs
[1:51:14]
promptly when damage pursuant to
[1:51:17]
construction has occurred. A final
[1:51:19]
release of performance guarantee or lot
[1:51:22]
from the planning board covenant shall
[1:51:23]
not be granted until a final walkthrough
[1:51:25]
is taken place and such repairs are
[1:51:26]
made. Do we want the third party
[1:51:29]
consultant to go to that sixmonth walk
[1:51:33]
through?
[1:51:34]
>> I don't think you need it. That's all
[1:51:36]
belongs to DPW. It's their
[1:51:38]
responsibility.
[1:51:39]
>> Okay.
[1:51:41]
>> Number 12. Prior to construction, the
[1:51:43]
wastewater treatment design must be
[1:51:45]
approved by the board of health. Any
[1:51:46]
significant changes to the proposed
[1:51:48]
roads or drainage are subject to further
[1:51:50]
review by the planning board.
[1:51:58]
Prior to the final construction of the
[1:52:00]
roadways, road name shall be submitted
[1:52:01]
to and agreed upon with the planning
[1:52:03]
board, the Essex Police Department, and
[1:52:05]
the Essex Fire Department.
[1:52:06]
>> So, when is that?
[1:52:08]
>> I'm sorry.
[1:52:10]
>> When is final to construction of the
[1:52:12]
roadways? The final construction. Can we
[1:52:14]
either say
[1:52:17]
at the end of the construction or at the
[1:52:19]
beginning of the construction? I mean
[1:52:21]
right now it's
[1:52:22]
>> I believe at the end of the process of
[1:52:23]
the subdivision they come back and file
[1:52:25]
all the documents
[1:52:27]
>> and the plane board is a final sign off.
[1:52:29]
>> So prior to con to the construction of
[1:52:31]
the roadways and take out
[1:52:33]
>> prior prior to the final wearing course
[1:52:36]
being applied.
[1:52:37]
>> Yeah cuz they because sometimes they
[1:52:39]
build them as they go. So they need the
[1:52:41]
road name
[1:52:43]
>> before the final.
[1:52:45]
>> So I'm just saying when is that? So, can
[1:52:47]
we just indicate when it is prior to
[1:52:50]
construction?
[1:52:50]
>> It says prior to construction up above.
[1:52:52]
So, let's just do prior to construction.
[1:52:54]
>> Yeah,
[1:52:55]
>> I I would recommend going to prior to
[1:52:57]
endorsement.
[1:52:59]
>> Prior to what?
[1:53:01]
>> Endorsement.
[1:53:02]
>> So, move this move this to prior to
[1:53:03]
endorsement.
[1:53:07]
» So, that would be prior prior to
[1:53:10]
endorsement of the plan and then go road
[1:53:12]
names blah blah blah. So, you're going
[1:53:14]
to move this to the other section.
[1:53:15]
>> That's going to get moved to prior to
[1:53:17]
endorsement.
[1:53:22]
» That way, the plan goes on record with
[1:53:23]
the right road name.
[1:53:32]
Pressure is on for that one.
[1:53:34]
>> Did your um assessor weigh in on road
[1:53:36]
names?
[1:53:38]
>> Bill, do you know?
[1:53:40]
>> I don't know. Um I'm I'm not sure
[1:53:43]
exactly who weighs in on their names.
[1:53:44]
>> I think we can add the assessors here in
[1:53:46]
case they want to. Um and if they don't
[1:53:49]
want to, they can just say no. Thank
[1:53:51]
you.
[1:53:51]
>> The assessors.
[1:53:54]
Okay.
[1:53:59]
In case there's any reason that they
[1:54:00]
would have
[1:54:01]
>> some towns
[1:54:05]
equipment for the automated gates. So
[1:54:07]
that that section is actually that that
[1:54:09]
condition is moving to the section where
[1:54:11]
we have earlier it was um number four
[1:54:16]
that had um the plan should be modified
[1:54:20]
to include the following prior to
[1:54:21]
endorsement. So that condition is coming
[1:54:24]
out and going as a subcondition to
[1:54:26]
condition number four.
[1:54:29]
>> Yeah, that makes sense.
[1:54:35]
The equipment for the automated gates at
[1:54:37]
each end of the emergency access road
[1:54:39]
shall be selected and verified to be
[1:54:41]
acceptable to the Essex Fire Department,
[1:54:42]
Essex Police Department, and Department
[1:54:45]
of Public Works and shall be verified
[1:54:46]
with Kinder Morgan for gas line access
[1:54:48]
as well.
[1:54:54]
Additional geotechnical work andor test
[1:54:57]
pits or soil expiration shall be
[1:54:58]
completed for the following purposes.
[1:55:01]
And a geotechnical engineer shall be
[1:55:03]
retained to engage in pre-construction
[1:55:04]
planning steps and to oversee earthwork
[1:55:06]
and retaining structures during
[1:55:08]
construction, including the following
[1:55:10]
steps and duties. And these all um come
[1:55:14]
from the peer review. Test pits for
[1:55:16]
basin 6P which haven't been completed
[1:55:19]
yet. Test pits to address bylaw
[1:55:21]
requirement 6-4.3.8.14
[1:55:25]
8.14 regarding earth removal to within
[1:55:27]
4t of historical high groundwater to be
[1:55:30]
coordinated by a geotechnical engineer
[1:55:32]
retained for this purpose.
[1:55:35]
soil test as required to be conducted by
[1:55:38]
the town of Essex storm water management
[1:55:40]
regulation section six section 7-d11
[1:55:46]
and during construction to provide
[1:55:48]
certification from the geotechnical
[1:55:49]
engineer that all built embankments on
[1:55:52]
the site have been adequately
[1:55:53]
constructed in accordance with their
[1:55:55]
recommendations the geotechnical
[1:55:57]
engineer shall be retained to oversee
[1:55:58]
the work to ensure compliance with their
[1:56:00]
recommendations
[1:56:02]
all of these
[1:56:03]
>> retains I'm Sorry. Who retains the
[1:56:06]
geotechnical engineer?
[1:56:08]
>> The applicant.
[1:56:11]
>> Okay, that I don't think that's clear
[1:56:13]
because in other when we're
[1:56:15]
>> so then we'll add it to the first
[1:56:17]
sentence that not any of the bullets yet
[1:56:20]
shall be retained by the applicant.
[1:56:23]
>> Um this is we we went over a lot of this
[1:56:26]
in our last meeting when we were walking
[1:56:28]
through um the peerreview comments and
[1:56:32]
>> Right. So, I wasn't sure if it's like
[1:56:34]
the clerk of the works where the
[1:56:37]
applicant pays for someone that we pick
[1:56:39]
or they pick the person
[1:56:41]
>> they pick they'll hire a geotechnical
[1:56:42]
engineer
[1:56:50]
» and that's the same way when they did
[1:56:51]
all the test pits for septic they hired
[1:56:53]
the geotechnical engineer and then we
[1:56:55]
get the information from that. So that's
[1:56:56]
theirs their their personal
[1:57:02]
prior to the start of construction the
[1:57:04]
limit of work shall be established in
[1:57:05]
the field and certified by the engineer
[1:57:08]
survey of record applicants engineer
[1:57:10]
shall demonstrate and or coordinate
[1:57:12]
methods to ensure work stays within the
[1:57:14]
limit of work.
[1:57:18]
Provide field verification that the
[1:57:20]
inverts of the proposed replacement
[1:57:21]
sections of pipe sheet 32 or 57 will
[1:57:24]
match the existing inverts at the time
[1:57:26]
of construction. That's just a an
[1:57:30]
asbuilt verify and field kind of thing.
[1:57:34]
Earth removal in excess of 5,000 cubic
[1:57:36]
yards is subject to an earth removal
[1:57:39]
permit from the board of selectman. See
[1:57:41]
September 3rd, 2025. Special permit
[1:57:43]
decision decision item number 10, page
[1:57:45]
five. So that's just
[1:57:49]
reminding that because we do have this
[1:57:52]
permit from the board of selectment
[1:57:53]
required. Do
[1:57:54]
>> you still have a select board of select
[1:57:56]
not board?
[1:57:58]
>> Um I think we say board of selectman.
[1:58:01]
>> I don't think we haven't changed that.
[1:58:03]
No, we haven't changed it. I know we
[1:58:05]
haven't changed it before. Yeah.
[1:58:08]
>> Prior to the issuance of building permit
[1:58:11]
for any and all lots.
[1:58:14]
Um,
[1:58:25]
» do do we review the homeowners
[1:58:27]
association?
[1:58:29]
>> Don't we review this as well?
[1:58:31]
>> 19.
[1:58:33]
>> Where are you? Which?
[1:58:34]
>> Prior to the issuance of building permit
[1:58:36]
for any and all lots. Prior to the
[1:58:38]
issuance of a building permit, a
[1:58:40]
homeowners association subject to review
[1:58:42]
by town council. Is it
[1:58:50]
» school that they
[1:58:52]
>> So you're my question is should it just
[1:58:56]
be town council or is it also us?
[1:58:59]
>> We review it.
[1:59:00]
>> Yes. So, okay. Can we
[1:59:02]
>> So, you're saying
[1:59:03]
>> says subject to review by town council
[1:59:07]
and the planning board.
[1:59:09]
>> Okay. Yep.
[1:59:12]
>> So,
[1:59:13]
>> sorry. Number 19.
[1:59:14]
>> Yeah. I've never had that happen before.
[1:59:17]
So, I guess are you going to review it
[1:59:19]
before I review it or you going to
[1:59:21]
review it after I review it? Because
[1:59:23]
>> after.
[1:59:24]
>> You're going to review it after. But
[1:59:25]
what if there's
[1:59:26]
>> No, we would review it first because
[1:59:28]
we're reviewing it.
[1:59:28]
>> It's like we're doing this, right? We're
[1:59:30]
reviewing it for making sure that
[1:59:33]
everything we care about is captured in
[1:59:36]
it. And then we would make those
[1:59:37]
modifications if there aren't any. And
[1:59:39]
then Amy will make sure they're legally
[1:59:42]
>> accurate and defensible
[1:59:44]
>> because we were not going we're not
[1:59:46]
going to stick our paws into any
[1:59:48]
document that Amy's okay because after
[1:59:50]
she's done with it, then that is the
[1:59:53]
version and we shall not mess with it.
[1:59:56]
So we do our messing ahead of that and
[1:59:57]
then she'll tell us whether we can make
[1:59:59]
those changes that we wanted to.
[2:00:01]
>> Yeah, that was my point. So subject to
[2:00:03]
review by the planning board and then
[2:00:04]
town council.
[2:00:06]
>> Sure.
[2:00:33]
So, looking at the the working draft
[2:00:36]
there, um bullets that were numbered 22,
[2:00:40]
21, 22, and 23, they've all been moved
[2:00:42]
to instead of prior to the issuance of
[2:00:45]
building permit, they've been moved to
[2:00:47]
general condition. So, they aren't
[2:00:48]
struck, they're moved
[2:01:00]
Then 20 is prior to the construction of the mail
[2:01:06]
kiosk and associated structure. The
[2:01:08]
location shall be confirmed with the
[2:01:09]
Essex branch of the post office and this
[2:01:12]
confirmation be should be submitted to
[2:01:14]
the planning board and building
[2:01:16]
inspector. And there was another comment
[2:01:19]
based on our last meeting that the bus
[2:01:21]
stop will also be verified with um
[2:01:23]
Manchester Essex Regional School
[2:01:25]
District.
[2:01:30]
And then we're on to other conditions.
[2:01:34]
22.
[2:01:37]
All construction access shall be from
[2:01:39]
Essex Park Road and emergency access to
[2:01:42]
Turtleback Road shall not be used as an
[2:01:44]
access during construction.
[2:01:47]
Private drinking water wells are not and
[2:01:50]
should not be planned as part of the
[2:01:51]
development without additional
[2:01:52]
groundwater evaluation. And that's not
[2:01:55]
the intent, but that's just to
[2:01:56]
memorialize that.
[2:01:58]
Other soil management.
[2:02:01]
Um, and this just addresses how soil is
[2:02:04]
handled during the earthwork. Surplus
[2:02:06]
soil that requires off-site transport
[2:02:07]
and disposal, if any, is subject to
[2:02:09]
state and federal regulations for proper
[2:02:11]
handling, which may include disposal
[2:02:14]
characterization and soil profiling.
[2:02:17]
The applicant may import soil to the
[2:02:19]
site. Imported materials shall be
[2:02:22]
managed in accordance with the ma
[2:02:24]
applicable mass D soil handling
[2:02:26]
requirements and other applicable
[2:02:28]
federal, state, and local requirements.
[2:02:31]
Soil analytical testing or
[2:02:33]
certifications from suppliers of
[2:02:34]
non-impacted sources of imported
[2:02:36]
material are to be provided during
[2:02:38]
construction.
[2:02:40]
Soil stockpiles, if any, should be noted
[2:02:42]
on the storm water management plan
[2:02:44]
sheets and shall be managed in
[2:02:47]
accordance with SWPP.
[2:02:50]
The septic system area
[2:02:53]
as closest to the seven Essex Drive Road
[2:02:56]
MC MCP site will require special care
[2:02:59]
during soil handling.
[2:03:05]
Construction phase dewatering may be
[2:03:06]
required for some operations in some
[2:03:08]
areas near wetland areas and or
[2:03:10]
low-lying areas. Dewatering fluids
[2:03:12]
management plan shall be addressed as
[2:03:14]
part of the storm water pollution
[2:03:16]
prevention plan required under
[2:03:18]
construction general permit and
[2:03:19]
coordinated with the town's construction
[2:03:22]
inspector.
[2:03:24]
>> Could I just go back to D? Just I just
[2:03:26]
have a question. Yep.
[2:03:27]
>> Will require special care.
[2:03:30]
What what does that mean?
[2:03:35]
When do you break that down? Like what
[2:03:37]
does that
[2:03:38]
>> because it's I in handling soil if if
[2:03:42]
they encounter any hazardous materials
[2:03:45]
then they'll need to deal with it. Then
[2:03:47]
this is just acknowledging the fact that
[2:03:49]
the abuing property has that
[2:03:51]
contaminated area.
[2:03:53]
>> Okay.
[2:03:55]
I just didn't know if that was
[2:03:57]
>> this is a recommended depends on what
[2:03:59]
they find. If they find something
[2:04:00]
anything it depends on the concentration
[2:04:02]
of it. So it's it's hard to really
[2:04:04]
quantify it here. This is just noting
[2:04:06]
that that's this this kind of thing is
[2:04:08]
more also for our construction inspector
[2:04:10]
to be aware of the fact that that exists
[2:04:11]
and when work's going on there that they
[2:04:14]
can pay attention to what you know how
[2:04:17]
it's handled in that area.
[2:04:19]
>> Did you want you could put will require
[2:04:21]
special care in accordance with the MCP
[2:04:24]
during soil handling something like
[2:04:26]
that. The MCP the mass contingency plan
[2:04:29]
>> right.
[2:04:30]
>> So
[2:04:33]
I'm sorry. So, you're saying we'll
[2:04:35]
require special care during handling in
[2:04:37]
accordance with
[2:04:38]
>> it's it's a there's a concern for
[2:04:39]
contamination, right?
[2:04:41]
>> Right.
[2:04:41]
>> So, um special care in accordance with
[2:04:48]
the Massachusetts contingency plan,
[2:04:51]
>> which should be spelled out.
[2:04:52]
>> Yeah. Because we're not going to use it
[2:04:53]
any other time. So, um mass contingency
[2:04:57]
plan during soil handling and that that
[2:05:00]
will cover it.
[2:05:06]
I guess I I guess the word special just
[2:05:09]
seems so wrong there. Like it could it
[2:05:13]
be restricted or like will require
[2:05:16]
restrict or specific or special just
[2:05:20]
seems I don't know if that's regular
[2:05:22]
language but
[2:05:23]
>> change it to specific.
[2:05:26]
That's fine.
[2:05:36]
So specific instead of special
[2:05:38]
>> will require specific care in accordance
[2:05:40]
with the mass contingency plan during
[2:05:42]
soil handling.
[2:05:43]
>> Okay.
[2:05:51]
So that will read the septic system area
[2:05:53]
as closest to the seven Essex drive road
[2:05:56]
M Massachusetts MCP site which is going
[2:06:00]
to be defined as the Massachusetts
[2:06:01]
contingency plan spelled out there will
[2:06:04]
require specific care in accordance with
[2:06:06]
the MCP during soil handling.
[2:06:09]
>> Thank you.
[2:06:11]
>> Construction phase. Oh, we did that one.
[2:06:13]
The planning board hereby reserves the
[2:06:15]
right to serve notice on applicant of a
[2:06:18]
cease and desist work order on all
[2:06:20]
roadway and or utility construction
[2:06:21]
should a violation of the endorsement,
[2:06:23]
the approval, the conditions or the
[2:06:26]
restrictions be found to exist. Such
[2:06:28]
cease and desist work order may be
[2:06:30]
issued by the planning board and or the
[2:06:32]
building in building department and when
[2:06:36]
served in writing directing itself to
[2:06:37]
the violation occurring shall act to
[2:06:40]
prohibit any and all work on the areas
[2:06:42]
as mentioned in such order
[2:06:45]
within 5 days of the transfer of
[2:06:47]
ownership of the subdivision in whole or
[2:06:49]
in part. The developer shall notify the
[2:06:51]
planning board of the name and address
[2:06:52]
of the new owners. The developer shall
[2:06:54]
provide the new owner with a copy of
[2:06:56]
these conditions.
[2:06:58]
Prior to the release of the performance
[2:07:00]
security held for this project, the
[2:07:02]
board must determine that the
[2:07:03]
construction or installation has been
[2:07:05]
completed in accordance with the
[2:07:06]
approved plan and decision. Upon such
[2:07:09]
determination, it shall release the
[2:07:11]
interest of the town on the bond deposit
[2:07:14]
or covenant and return the bond or
[2:07:16]
deposit to the person who furnished it
[2:07:18]
or issue a release of covenant in form
[2:07:22]
for in a form for recording.
[2:07:26]
So I'm looking at you, Amy.
[2:07:29]
>> Sure. So that's because under under
[2:07:30]
>> No, I mean is that all legit?
[2:07:32]
>> It's all legit because under 41 section
[2:07:34]
81U, the developer has the option to
[2:07:36]
either do a bond, a deposit, or a
[2:07:38]
covenant. So that's why if they do a
[2:07:40]
bond, the bond gets
[2:07:41]
>> the amount gets t taken down
[2:07:44]
>> as it goes,
[2:07:45]
>> right?
[2:07:45]
>> So that's what that's for.
[2:07:47]
>> Okay.
[2:07:48]
>> Can we also ask our third party
[2:07:51]
consultant to review it? I mean, how are
[2:07:53]
we going to know if it's done?
[2:07:56]
>> That's what our construction inspector
[2:07:58]
>> Oh, sorry. I got
[2:07:59]
>> by the board. That's That's what you
[2:08:00]
guys will send it out to your
[2:08:02]
>> We decide, but our construction
[2:08:04]
inspector is the one who tells us how
[2:08:05]
much has been done.
[2:08:06]
>> Correct.
[2:08:07]
>> Okay.
[2:08:07]
>> So, we don't have to say.
[2:08:08]
>> Will this bond also
[2:08:11]
will or will there be a bond that goes
[2:08:13]
after construction's final but for 18
[2:08:16]
months or so?
[2:08:17]
>> No.
[2:08:18]
>> That's going to be
[2:08:19]
>> No. As soon as it's final and it's
[2:08:20]
signed off on, they get their they get
[2:08:22]
whatever's left.
[2:08:24]
>> So, do we want a bond to assure that
[2:08:26]
road doesn't just fall apart in 18
[2:08:28]
months or
[2:08:28]
>> Unfortunately, there's no statutory
[2:08:30]
provision to provide to require that.
[2:08:34]
>> Okay.
[2:08:34]
>> Yeah. The bond is to cover construction.
[2:08:39]
>> Do we have in here that this is always
[2:08:41]
going to remain private?
[2:08:42]
>> Yes.
[2:08:42]
So, that would be on that would be
[2:08:45]
on them.
[2:08:46]
>> Okay.
[2:08:47]
And this this order this um decision has
[2:08:50]
to be given to each homeowner.
[2:08:52]
>> Yeah.
[2:08:52]
>> So they will then know that it's going
[2:08:53]
to be a private road and they're going
[2:08:54]
to be responsible for it.
[2:08:57]
>> Yeah. That's down here on 31.
[2:09:04]
» Site maintenance and control. It should
[2:09:07]
be control of work.
[2:09:11]
Site m site maintenance and control of
[2:09:13]
work during construction. Construction
[2:09:15]
equipment and materials should not be
[2:09:16]
parked, stored, or placed in any area
[2:09:18]
directly adjacent to or upgradient of
[2:09:21]
any drainage channel or wetland area,
[2:09:23]
nor any culde-sac island. Repairs and
[2:09:25]
maintenance to equipment shall be
[2:09:27]
conducted in areas where no spills or
[2:09:28]
leakage of fuels or other fluids could
[2:09:30]
pose a pollution hazard.
[2:09:33]
>> And we also say nor on Turtleback Road
[2:09:37]
>> that there's no construction access
[2:09:38]
there, so they can't can't Essex Park.
[2:09:41]
It's Essex Park, right? Road.
[2:09:45]
>> Do we want to say there's no storage or
[2:09:46]
materials or equipment on that road?
[2:09:48]
Parking on that road to convenience the
[2:09:50]
neighbors or do we not? Just ask
[2:09:53]
>> and and we say there's no access on
[2:09:55]
Turtle Back Road. But
[2:09:57]
>> that's not their we already said that
[2:09:58]
about no construction.
[2:10:00]
>> But that's different than storage of
[2:10:03]
>> but Essex Park Road is town property. So
[2:10:05]
they can't just store stuff there.
[2:10:07]
>> Yeah. Correct.
[2:10:09]
But they can park there, right?
[2:10:10]
>> Huh?
[2:10:10]
>> They can park.
[2:10:11]
>> No.
[2:10:18]
» How do we know? No.
[2:10:20]
>> Yeah.
[2:10:21]
>> But you have bylaws wouldn't allow the
[2:10:24]
police would ask them to be towed or
[2:10:26]
remove them from our public way.
[2:10:32]
» I didn't catch that, Val. Sorry. the
[2:10:34]
police are
[2:10:36]
>> normally all cities and towns have rules
[2:10:39]
that govern that you can't um if you
[2:10:41]
have no parking on public way the police
[2:10:44]
can have them towed.
[2:10:49]
» So the police would control that and we
[2:10:51]
wouldn't need to put it in here.
[2:10:53]
>> Can neighbors park there? Can neighbors
[2:10:56]
park there
[2:10:57]
>> on Essex Park Road on the when people
[2:11:00]
visit?
[2:11:00]
>> I don't know. Whatever standards apply
[2:11:02]
to Essex Park Road now would continue to
[2:11:05]
apply. And I don't think it's in our
[2:11:07]
purview in this decision to talk about
[2:11:10]
what can and can't happen on Essex Park
[2:11:11]
Road. I'm just saying because that's
[2:11:15]
there's some parking regulation that's
[2:11:18]
in effect now and I don't know what it
[2:11:19]
is, but that would continue to be in
[2:11:21]
effect
[2:11:21]
>> and that's a police matter.
[2:11:23]
>> Yeah. Okay. Do you want to do you want
[2:11:25]
to just maybe change it to say under a
[2:11:28]
construction equipment andor materials
[2:11:30]
shall
[2:11:32]
be parked shall be parked and stored on
[2:11:36]
site shall be parked and stored
[2:11:40]
on site only
[2:11:43]
and then say and shall not be
[2:11:47]
and then keep going on with parked
[2:11:49]
stored placed in any area directly blah blah blah blah. So you're just
[2:11:52]
adding shall be parked and stored on
[2:11:54]
site only. Correct.
[2:11:55]
>> And shall not be Yeah, that's fine. That
[2:11:58]
covers that.
[2:12:00]
>> That covers everybody.
[2:12:04]
>> Turtle back in Essex Park
[2:12:05]
>> just has to be on site. Yep.
[2:12:08]
>> Earth disturbed by activities associated
[2:12:10]
with the roadway or easement such as
[2:12:12]
tree cutting, stump grubbing, cutting,
[2:12:15]
filling, and regrading shall be
[2:12:16]
appropriately stabilized in accordance
[2:12:19]
with SWPP.
[2:12:22]
We're going to spell that out.
[2:12:24]
>> I'm sorry.
[2:12:25]
>> It's already spelled out.
[2:12:26]
>> She wanted to spell it out, but it's
[2:12:27]
already
[2:12:28]
>> That's We've already That's was spelled
[2:12:30]
out
[2:12:31]
>> earlier.
[2:12:31]
>> Yep.
[2:12:34]
>> Um
[2:12:35]
>> page before
[2:12:44]
page.
[2:12:48]
Sorry, I didn't turn the page. I'm
[2:12:49]
getting confused. I'm like, what? We
[2:12:52]
talked about that already.
[2:12:54]
Oh, look. Last page.
[2:12:58]
Um,
[2:13:09]
so items there C that was crossed out
[2:13:13]
and D was crossed out were rewritten
[2:13:17]
together to say all earthwork, soil
[2:13:19]
stockpiling, erosion control, and site
[2:13:21]
matements shall be addressed in the SWPP
[2:13:24]
and work shall be coordinated with the
[2:13:25]
town's construction inspector.
[2:13:30]
that really just combined the
[2:13:32]
information in those and in F. So those
[2:13:36]
three that are um crossed out are
[2:13:38]
covered by the SWPP.
[2:13:44]
The location of earth material stockpile
[2:13:47]
should be designated on a plan which
[2:13:49]
should be submitted to the town's
[2:13:50]
representative. said location to to be
[2:13:52]
determined by the developer and the town
[2:13:55]
in accordance with local regulations.
[2:13:58]
>> So is the town representative the town
[2:14:00]
in construction inspector?
[2:14:03]
>> I mean
[2:14:05]
>> if it is then we should keep that word
[2:14:07]
>> but yeah we'll keep that same reference.
[2:14:10]
>> Okay.
[2:14:28]
Burial or burning of vegetation, stumps,
[2:14:31]
or construction debris is strictly
[2:14:32]
prohibited anywhere within the
[2:14:33]
subdivision. Such materials should be
[2:14:35]
removed and properly disposed of
[2:14:37]
offsite.
[2:14:40]
Any
[2:14:42]
blasting operation shall obtain proper
[2:14:44]
permits and should not be undertaken on
[2:14:46]
any Sunday or holiday.
[2:14:48]
Should that also um have specific times
[2:14:53]
>> like
[2:14:55]
>> Yeah.
[2:14:56]
>> 7 to 5? I mean, you know, like not in
[2:15:00]
the middle of the I mean, I just think
[2:15:02]
you should have
[2:15:03]
>> standard times for
[2:15:04]
>> no
[2:15:06]
>> never
[2:15:07]
>> uh you don't have standard times for
[2:15:08]
construction and bylaw. So, you can put
[2:15:10]
it
[2:15:11]
>> under the police might have something
[2:15:12]
but I don't know.
[2:15:13]
>> Okay.
[2:15:15]
Um holiday
[2:15:17]
>> should say legal holidays.
[2:15:19]
>> Okay.
[2:15:20]
>> On any Sunday. Yeah. On any Sunday or
[2:15:22]
legal holiday.
[2:15:23]
>> Or legal holiday.
[2:15:24]
>> I don't know. What's a legal holiday?
[2:15:25]
Federal or
[2:15:26]
>> so. Not on your birthday.
[2:15:27]
>> Yeah. I can uh list them if you want me
[2:15:29]
to.
[2:15:30]
>> I think I should because I get that call
[2:15:32]
constantly. Somebody don't want work
[2:15:34]
going on on Veterans Day when everybody
[2:15:36]
else in the world is working.
[2:15:37]
>> So it's it's essentially
[2:15:39]
>> I think it should be included.
[2:15:40]
>> It's essentially federal.
[2:15:41]
>> Federal.
[2:15:41]
>> Okay. because it's like it doesn't
[2:15:43]
include um
[2:15:45]
>> Patriots Day
[2:15:47]
>> um things like that.
[2:15:48]
>> So that's that should be maybe we could
[2:15:50]
attach a list that can be attached to
[2:15:51]
it.
[2:15:52]
>> I can we can just put them in. I can I
[2:15:53]
can send them over.
[2:15:54]
>> That'd be perfect.
[2:15:55]
>> I keep sending myself emails. I'm going
[2:15:57]
to have I'm going to wake up to 10
[2:15:58]
million emails for myself.
[2:16:01]
>> If I don't, I forget. So
[2:16:02]
>> just be careful what you say about that
[2:16:04]
person sending emails.
[2:16:05]
>> I know, right?
[2:16:07]
>> I keep forwarding the same email, adding
[2:16:09]
to it.
[2:16:11]
Yeah. Who's this crazy person?
[2:16:14]
>> Um, any blasting operation shall obtain
[2:16:16]
proper pay perance and should not be
[2:16:18]
taken on any Sunday or legal holiday nor
[2:16:22]
outside of an 8:00 a.m. to 400 p.m.
[2:16:25]
window?
[2:16:27]
>> Yeah.
[2:16:27]
But we can't do that, can we?
[2:16:29]
>> Huh?
[2:16:30]
>> Yeah. For blasting you can. Yeah, sure.
[2:16:32]
Blasting.
[2:16:33]
>> Yeah, that's very reasonable.
[2:16:34]
>> But you can't for we can't for
[2:16:36]
construction, right?
[2:16:36]
>> Not if you don't have something.
[2:16:39]
>> We don't have it already. But blessing
[2:16:40]
is
[2:16:42]
>> if the police have
[2:16:43]
>> the police have it then they can. But
[2:16:45]
>> can we check with that?
[2:16:46]
>> The only reason why you would have it is
[2:16:47]
if you had a noise by
[2:16:48]
>> a noise. That's
[2:16:49]
>> we don't have it. We have no noise
[2:16:51]
ordinance.
[2:16:51]
>> Police has no noise.
[2:16:53]
>> We have nothing. This is Essex.
[2:16:57]
>> Pretend like they do.
[2:17:02]
your kids.
[2:17:03]
>> No construction equipment or materials
[2:17:05]
may be parked, stored, or placed within
[2:17:07]
the drainage easement as shown on the
[2:17:09]
plan except as may be required to
[2:17:11]
install the detention basin.
[2:17:16]
» Placed within
[2:17:19]
sorry.
[2:17:20]
>> Once paved, the street shall be kept
[2:17:22]
clear and passable at all times. No
[2:17:24]
equipment shall be parked in such a
[2:17:25]
manner as to render the street
[2:17:26]
impassible.
[2:17:28]
and no refues, containers, trailers, or
[2:17:30]
construction materials of any kind
[2:17:32]
should be placed or stored on the street
[2:17:33]
nor within the culde-sac island.
[2:17:37]
Construction activities on individual
[2:17:38]
lot should be conducted in a workmanlike
[2:17:40]
manner at all times. Blowing duster
[2:17:42]
debris should be controlled by the
[2:17:44]
developer of lots through stabilization,
[2:17:46]
wetting down, or other proper storage
[2:17:48]
and disposal methods.
[2:17:50]
Isn't there
[2:17:52]
clear guidelines in the building code
[2:17:55]
for dust and things like that? I mean,
[2:17:58]
what does work workmanlike manner
[2:18:02]
mean?
[2:18:03]
>> Clear definitions. No,
[2:18:06]
>> but there are terms and there are we
[2:18:08]
there are regulations we can go to to
[2:18:11]
control stuff and it's a problem.
[2:18:13]
>> So, can we just
[2:18:14]
>> if you feel like this is adequate,
[2:18:16]
that's fine with me.
[2:18:18]
It it covers us for to be able to
[2:18:19]
>> go look for we've included dust dust
[2:18:22]
control in the storm water pollution
[2:18:24]
prevention plan. So that that whole plan
[2:18:26]
is part of just maintaining the site,
[2:18:29]
>> right? But this is specifically that's
[2:18:31]
for the roads, isn't it? And then once
[2:18:33]
we get into individual lots, that's a
[2:18:35]
different construction. But I it's fine
[2:18:37]
if Bill feels like this is
[2:18:39]
>> things when it becomes a problem. The
[2:18:41]
things we can use to control that.
[2:18:43]
>> Great.
[2:18:44]
>> My one question though was unpaved
[2:18:47]
Yes.
[2:18:47]
>> What paved is that?
[2:18:49]
>> Yes.
[2:18:49]
>> That final paving or is that rough pave?
[2:18:53]
>> Where it says just once paved like
[2:18:56]
>> I would say that means binder.
[2:18:58]
>> Yeah.
[2:18:59]
>> Binder.
[2:18:59]
>> I agree. It's binder.
[2:19:02]
>> Okay.
[2:19:04]
>> I'm sorry about final or
[2:19:05]
>> she agreed.
[2:19:06]
>> Binder.
[2:19:07]
>> That's binder.
[2:19:08]
But I would I would say because once it
[2:19:12]
once the binder is down the road, it's
[2:19:13]
passable and that's when you want to
[2:19:15]
keep it clear because I want to make
[2:19:16]
sure
[2:19:17]
>> because of safety equipment just when
[2:19:20]
there's construction work going on,
[2:19:22]
ambulances need to be able to get down
[2:19:23]
there. So once there's binder down, I
[2:19:26]
think this applies.
[2:19:28]
>> So binder is the same.
[2:19:30]
>> Binder is the first coat you put down.
[2:19:32]
Should
[2:19:34]
are we going to put on one's binder or
[2:19:36]
>> then add binder onto this? Right.
[2:19:38]
>> Once paved with binder.
[2:19:40]
>> Oh, with binder. Okay. Okay. Thank you.
[2:19:41]
>> Yeah. So, when that first layer goes
[2:19:43]
down then
[2:19:44]
>> Okay.
[2:19:50]
Down to 30 final signage. This came from
[2:19:53]
earlier. We removed it out of prior to
[2:19:55]
endorsement or prior to constru prior to
[2:19:58]
we took it out of prior to endorsement.
[2:20:00]
Final signage plans and details should
[2:20:02]
be shown on the construction plans. So,
[2:20:05]
we'll still see those, but not prior to
[2:20:07]
endorsement.
[2:20:09]
The roadways shall forever remain
[2:20:11]
private, which will be clearly noted on
[2:20:13]
the subdivision plans as well as on each
[2:20:15]
individual deed. However, there shall be
[2:20:17]
a conveyance of the right for public
[2:20:19]
travel on the roadway in order to access
[2:20:21]
the open space for recreational purposes
[2:20:23]
and open space and water main
[2:20:25]
maintenance purposes.
[2:20:31]
And this these were the reason they're
[2:20:33]
green highlighted is because they were
[2:20:35]
moved from other conditions. Well, they
[2:20:38]
were moved into other conditions from
[2:20:40]
another section that was earlier where
[2:20:43]
they were struck in struck out
[2:20:46]
that that was in the prior to the
[2:20:48]
building permit section. So, they just
[2:20:49]
got moved but not changed.
[2:20:53]
The OSRD subdivision will comply with
[2:20:56]
all Department of Public Works
[2:20:57]
requirements with respect to water flow
[2:20:59]
and pressure. The alignment of the water
[2:21:00]
line may be allowed to cross through the
[2:21:02]
open space shown on the OSRD plan.
[2:21:07]
33 is prior to the issuance of a
[2:21:09]
building permit, the open space
[2:21:10]
maintenance and ownership shall be
[2:21:12]
established consistent with bylaw
[2:21:14]
section 6-8.9.6.
[2:21:16]
So that is our caveat there regarding
[2:21:20]
the open space which isn't going to be
[2:21:22]
decided now but is a condition here it
[2:21:24]
needs to be determined.
[2:21:26]
>> So why isn't that under prior to the
[2:21:28]
issuance of a building permit
[2:21:32]
>> section?
[2:21:33]
Why did it get down?
[2:21:37]
>> Did it just get lost got got hung up to
[2:21:39]
dry?
[2:21:40]
>> Yeah. So we'll move that over to prior
[2:21:42]
to issuance of a building permit.
[2:21:44]
>> Yeah. Okay.
[2:21:54]
Public access to open space. The
[2:21:57]
definitive subdivision plan prepared by
[2:21:59]
the applicant includes six parking
[2:22:01]
spaces at the end of road A, access
[2:22:03]
before the gate at the end of the
[2:22:05]
emergency access road and contiguous to
[2:22:08]
the gas line easement. C proposed
[2:22:10]
parking easement on sheet 27, proposed
[2:22:14]
open space parking six and proposed
[2:22:17]
trail map kiosk on sheet 32. These
[2:22:20]
parking spots shall be for the exclusive
[2:22:23]
use of any persons accessing the open
[2:22:25]
space portions of the property at the
[2:22:27]
gas line easement and from there the
[2:22:30]
informal but established trail network
[2:22:32]
shown on the existing conditions
[2:22:34]
drawings sheets 3 through 13. On street
[2:22:37]
parking shall not be used for accessing
[2:22:40]
the open space. Pedestrians may traverse
[2:22:43]
the subdivision roads to access the open
[2:22:45]
space and or may do so through other
[2:22:48]
accessible points of entry from abuing
[2:22:50]
roads and/or properties as allowed
[2:22:53]
thereon.
[2:22:55]
This condition is made based on the
[2:22:57]
offer by the applicant during the public
[2:22:59]
hearing process to provide public access
[2:23:01]
to the open space and the planning
[2:23:02]
board's agreement to include it as a
[2:23:05]
condition of approval.
[2:23:07]
And that um has captured the intent of
[2:23:10]
the conversation that I had with the
[2:23:12]
applicant regarding we we had gotten
[2:23:14]
their email after one of our last
[2:23:15]
meetings that said the intent had always
[2:23:17]
been to and so this went over to try and
[2:23:20]
just memorialize that intent that those
[2:23:23]
parking spots are for the public um and
[2:23:26]
public has the right away to access the
[2:23:28]
spots. So and then I think everyone was
[2:23:32]
okay with it.
[2:23:33]
>> Amy's nodding her head.
[2:23:34]
>> I'm okay with it.
[2:23:37]
35. Expiration work must begin and
[2:23:39]
continue within two years from the
[2:23:41]
issuance of this decision.
[2:23:43]
>> I have a change there if I may.
[2:23:46]
>> What's it?
[2:23:48]
>> Val has a change.
[2:23:50]
>> Okay.
[2:23:51]
>> Um the issuance of the decision could be
[2:23:54]
appealed and I think that this is should
[2:23:57]
be um maybe uh from the date of plan
[2:24:01]
endorsement or
[2:24:02]
>> Yeah, from the date of plan endorsement.
[2:24:04]
Does that make sense? Because if there's
[2:24:05]
an appeal, that's just burning time.
[2:24:09]
>> So, we're change to the date of
[2:24:11]
endorsement.
[2:24:13]
>> Yeah. The other place this could go
[2:24:14]
would be in the covenant. Um
[2:24:19]
» we could also in both places, correct?
[2:24:22]
>> Yes.
[2:24:23]
>> Y
[2:24:23]
>> that's a good idea.
[2:24:24]
>> Also, um explain continue.
[2:24:28]
>> What's that?
[2:24:28]
>> Continue. The work must begin and
[2:24:31]
continue. Always a question when be
[2:24:34]
stopped for so long. How long is
[2:24:36]
acceptable?
[2:24:37]
>> What do you think? 30 days, 60 days, 120
[2:24:40]
days?
[2:24:40]
>> Say six months.
[2:24:42]
>> What's that?
[2:24:42]
>> That's 120, right?
[2:24:45]
>> That's why I say six months.
[2:24:46]
>> I'm not good at math.
[2:24:47]
>> Yeah. Okay. So, let's do six months. So,
[2:24:49]
>> six months. That's what the building
[2:24:50]
code does with
[2:24:51]
>> and
[2:24:53]
uh continue
[2:24:56]
>> any stoppage for over six months.
[2:24:58]
>> Yeah. Without stoppage.
[2:25:01]
Over six. Without stoppage over six
[2:25:04]
months.
[2:25:04]
>> Yeah.
[2:25:06]
>> Okay.
[2:25:07]
>> Without any stoppage
[2:25:08]
>> over six months. Sending myself another
[2:25:10]
email here.
[2:25:12]
>> Without any without stoppage that
[2:25:15]
extends six months.
[2:25:16]
>> Yeah.
[2:25:17]
There you go.
[2:25:20]
>> What was that?
[2:25:22]
>> Without stoppage that extends over six
[2:25:24]
months.
[2:25:32]
That was good. Okay. So, that's going to
[2:25:34]
read expiration work must begin and
[2:25:36]
continue
[2:25:40]
without any stoppage that extends over 6
[2:25:44]
months
[2:25:46]
within two years from the date of
[2:25:48]
endorsement.
[2:25:54]
How about I don't mean to be a problem.
[2:25:56]
How about work must begin
[2:26:00]
within two years from the date of plan
[2:26:03]
endorsement and must
[2:26:05]
continue without stoppage
[2:26:08]
for over 6 months
[2:26:11]
>> without any stoppage that extends over
[2:26:13]
six months.
[2:26:14]
>> Yeah. I mean we can work on
[2:26:15]
>> a stoppage of six months any a stoppage
[2:26:18]
longer than six months qualifies as
[2:26:22]
expiration after two years. Yes, we can work on this. But that's the
[2:26:27]
>> that's the gist of it is it has to go
[2:26:29]
continuously for two continuously and it
[2:26:33]
can't stop for over six months.
[2:26:34]
>> Right. It has to start within two years
[2:26:36]
and can't stop for
[2:26:37]
>> more than six months.
[2:26:38]
Yeah.
[2:26:40]
>> So that's that's what we're trying to
[2:26:40]
get at. Yeah. We'll work on that.
[2:26:42]
>> Okay.
[2:26:42]
>> I've got it here. Okay.
[2:26:44]
>> My other comment is substantial change.
[2:26:49]
» Who determines substantial change? Where are you talking about substantial
[2:26:54]
change in here at all?
[2:26:55]
>> Oh, that's that's in the statute under
[2:26:57]
81W.
[2:26:58]
>> So, they come in with a small little
[2:27:01]
change. Everything that's planning book,
[2:27:03]
>> uh, it has to be it has to be a plan
[2:27:05]
change like a significant. So, um,
[2:27:08]
>> right. So, usually in the past
[2:27:10]
decisions, they put in that the building
[2:27:12]
inspector determines what's a
[2:27:14]
substantial change.
[2:27:16]
So that minor little changes that don't
[2:27:18]
really affect a whole lot don't have to
[2:27:20]
come back to the board.
[2:27:22]
>> Well, like a lot line adjustment has to
[2:27:24]
come to the planning board.
[2:27:26]
>> That wouldn't be a minor change.
[2:27:28]
>> That would be an ANR plan,
[2:27:30]
>> right?
[2:27:30]
>> Yeah.
[2:27:31]
>> Yep.
[2:27:31]
>> Oh, I'm talking just like construction
[2:27:33]
when things come out and happen. I can't
[2:27:35]
think of anything off the top of my
[2:27:36]
head, but something that wouldn't be
[2:27:37]
considered a major change, but it does
[2:27:39]
change the plans.
[2:27:41]
I would say if it doesn't change the
[2:27:43]
conditions,
[2:27:45]
>> if it doesn't change anything in this
[2:27:47]
decision, whether it be the findings,
[2:27:49]
the waiverss, or the conditions,
[2:27:53]
um, but it's a small change on the plan,
[2:27:56]
then,
[2:27:57]
for example, if they're going to,
[2:28:00]
let's say they're going to change a
[2:28:02]
corner of a of a drainage basin, but the
[2:28:04]
drainage basin will still um comply with
[2:28:08]
the storm water,
[2:28:10]
>> then
[2:28:11]
that change can happen on that that
[2:28:13]
could happen,
[2:28:13]
>> right? I think I'm getting more towards
[2:28:15]
somebody's got to make that decision and
[2:28:17]
I think it should just state that the
[2:28:19]
build inspector should be making that
[2:28:20]
decision whether something has to come.
[2:28:22]
>> So you want a condition here that says
[2:28:24]
the building inspector is in charge of
[2:28:26]
everything that happens.
[2:28:31]
» I tried to put that beginning, didn't I?
[2:28:34]
>> You told me that earlier.
[2:28:36]
>> I told you. Let's put it in at the
[2:28:38]
beginning. I'm just saying who makes a
[2:28:41]
decision.
[2:28:41]
>> I often make that call by talking when I'm doing the planning board work
[2:28:47]
in my communities. Any change, I usually
[2:28:49]
will run past at least the planning
[2:28:51]
board chairman to make sure that they
[2:28:53]
agree that it's a minor change.
[2:28:55]
>> I think it's like a
[2:28:56]
>> Well, that's fine. I'm not saying I
[2:28:58]
wouldn't do any of that. I just think we
[2:28:59]
need to say who either the somebody has
[2:29:02]
to make the original decision when they
[2:29:04]
say we're changing this and who is that
[2:29:07]
person. I just think that it should stay
[2:29:09]
in here that person is
[2:29:11]
>> should it be the planning board's
[2:29:13]
representative or should it be the
[2:29:14]
building commissioner? It's
[2:29:16]
>> I suggest
[2:29:16]
>> and every time I've been involved in
[2:29:18]
them before it's been the building
[2:29:20]
commissioner a lot actually it was the
[2:29:22]
building commissioner and the planning director because I was planning
[2:29:26]
director
[2:29:27]
>> right
[2:29:27]
>> but
[2:29:29]
without saying anything here so that
[2:29:31]
means every time the minor change comes
[2:29:32]
up they need to move a basin 6 in it's
[2:29:37]
got to come back to the plum board for
[2:29:38]
their approval I don't think board wants
[2:29:41]
to be coming here to make that decision
[2:29:42]
on everyone
[2:29:44]
>> that's want to Wait two weeks till we
[2:29:46]
meet again.
[2:29:46]
>> Wait two weeks to find it either. Right.
[2:29:48]
So I'm just saying who is going to make
[2:29:50]
that decision.
[2:29:52]
>> You are so
[2:29:54]
>> I just need to say something.
[2:29:57]
>> I think you could say something like I I
[2:29:58]
can come up with something something
[2:29:59]
like minor changes that do not impact
[2:30:02]
the um this decision shall be made by
[2:30:05]
the building department.
[2:30:06]
>> Perfect.
[2:30:08]
>> Just somewhere where we know where to
[2:30:09]
stop.
[2:30:10]
>> Yeah.
[2:30:11]
>> Minor changes.
[2:30:12]
>> Minor plan changes. Minor plan changes
[2:30:16]
>> that do not
[2:30:19]
impact this decision
[2:30:25]
» or the or the recorded plans.
[2:30:30]
» Well, moving a drainage basin 6 in does
[2:30:34]
affect the recorded plans, but you're
[2:30:36]
going to get an asbuilt plan at the end
[2:30:38]
that tells you where everything is.
[2:30:49]
Are you going to read that back to us?
[2:30:52]
I have minor plan changes that do not
[2:30:54]
impact this decision shall be made by
[2:30:56]
the building department
[2:30:58]
because some minor changes will be will
[2:31:01]
affect the plan, but we won't know that
[2:31:04]
until the as is built is
[2:31:06]
>> okay.
[2:31:06]
>> So,
[2:31:08]
>> yeah.
[2:31:09]
>> I just have a question for Amy. Sorry,
[2:31:11]
it's the fine.
[2:31:12]
>> It's the line before
[2:31:15]
the the stoppage of 6 months. My only
[2:31:20]
>> just question is like what happens if
[2:31:23]
there's like another COVID or another
[2:31:25]
something like
[2:31:28]
of course it's going to stop over 6
[2:31:30]
month like what accounts for something
[2:31:33]
like that?
[2:31:34]
>> They would come in and request a change
[2:31:36]
to that condition and you would grant
[2:31:37]
it.
[2:31:38]
>> Okay.
[2:31:38]
>> Yeah. And also during co
[2:31:41]
>> Yes, it is. But I just it happens.
[2:31:44]
>> Yep. So
[2:31:45]
>> the governor isued an extension of all
[2:31:47]
permits when
[2:31:48]
>> there are and then there are the
[2:31:49]
extension per the permit extension act
[2:31:51]
and all that stuff. So but I see what
[2:31:54]
you're saying. So yeah, if worst case
[2:31:56]
scenario they would have to come in and
[2:31:58]
you would you would just revise that
[2:32:00]
condition.
[2:32:05]
So that will be condition 37
[2:32:08]
36 for bill. But we're moving
[2:32:12]
the numbers are going to change a little
[2:32:15]
because we we put one you're moving two
[2:32:17]
of them.
[2:32:18]
>> Yeah, we're moving but we're moving one
[2:32:20]
number to a bullet under Yeah. to a sub
[2:32:22]
bullet. So
[2:32:25]
>> um are you guys okay with everything
[2:32:28]
that we've walked through or do you want
[2:32:29]
me to read back the changes?
[2:32:31]
>> I think we're okay.
[2:32:35]
Did you say please?
[2:32:36]
>> Yes.
[2:32:37]
>> No, we I've written them down. Maggie's
[2:32:41]
been writing them down and Amy's been
[2:32:43]
writing them down. So, we have them. We
[2:32:45]
have them.
[2:32:45]
>> And I have 10 million emails to myself.
[2:32:47]
So,
[2:32:48]
>> and it's recorded.
[2:32:49]
>> Exactly. Yeah. It's been recorded by
[2:32:51]
1623. So um
[2:33:03]
so definitive subdivision plan
[2:33:06]
deliberation and vote deliberate and
[2:33:08]
finalize all decision language including
[2:33:10]
conditions which we have done.
[2:33:13]
This says Lisa to list the amended
[2:33:16]
language and read in the final form.
[2:33:18]
>> We waved that. We did it as we did it as
[2:33:22]
we went.
[2:33:24]
>> So I will take a motion to approve with
[2:33:26]
conditions
[2:33:28]
>> with waivers and conditions and then
[2:33:30]
waivers and conditions.
[2:33:32]
>> Okay. But we we did the waiverss. We
[2:33:34]
voted on the waivers already.
[2:33:37]
>> Yeah. Okay. Fine. Yep. You're right.
[2:33:42]
>> And they're in the in the decision that
[2:33:44]
we're voting on, but we already took a
[2:33:46]
separate vote on the waiverss.
[2:33:47]
>> Okay. So take a motion to approve with
[2:33:50]
conditions a definitive subdivision plan
[2:33:52]
by applicant Bellpoint LLC for property
[2:33:54]
at zero Essex Park Road and zero Pond
[2:33:56]
Street rear map 147 lot 19 and map 142
[2:34:01]
lots 30 and 31 to create a 36 lot open
[2:34:05]
space residential development
[2:34:07]
subdivision to be known as the preserve
[2:34:09]
at Essex under the town of Essex rules
[2:34:10]
and regulations relative to subdivision
[2:34:12]
control and the Massachusetts general
[2:34:15]
law chapter 41 sections 81K through 81 1
[2:34:18]
GG known as the subdivision control law
[2:34:21]
imper a special permit issued on
[2:34:23]
September 3rd 2025 per town of Essex
[2:34:25]
bylaws section 6-8
[2:34:28]
open space residential development as
[2:34:30]
shown in the definitive subdivision plan
[2:34:32]
drawings sheets 1 through 57 dated June
[2:34:35]
3rd 2026 prepared by the Morren Cameron
[2:34:38]
Group and submitted by applicant
[2:34:39]
Bellpoint LLC subject to the conditions
[2:34:42]
as written in the planning board
[2:34:43]
decision. So take a motion.
[2:34:46]
>> So moved. Thank you, Shelley. Second.
[2:34:50]
>> Second.
[2:34:51]
>> Thank you, Peter. This is a roll call
[2:34:53]
vote.
[2:34:55]
>> Peter loves I.
[2:34:57]
>> Beth Walsh. I.
[2:34:59]
Simone Early. I
[2:35:01]
>> Shelley Bradberry. I
[2:35:03]
>> Ariel Brain. I
[2:35:05]
>> Lisa O'Donnell. I
[2:35:08]
The motion passes.
[2:35:13]
So, can can uh we all say thank you so
[2:35:18]
much, Lisa,
[2:35:19]
Valerie,
[2:35:21]
Teresa,
[2:35:23]
and Amy for doing this. Thank you
[2:35:26]
>> Junior tonight
[2:35:27]
>> and Teresa Jr. It's extraordinary work
[2:35:30]
and all your time and just thank you.
[2:35:34]
>> Well, thank you guys for bearing with
[2:35:35]
all this, too. Um, we have other
[2:35:38]
business.
[2:35:41]
We have one other piece of other
[2:35:42]
business.
[2:35:49]
» Thank you.
[2:35:51]
>> Um
[2:35:54]
there is a genius
[2:35:56]
>> a plot plan. Do you have a copy of
[2:35:59]
>> I have Yeah, you have
[2:36:01]
>> Yeah.
[2:36:02]
>> Okay.
[2:36:03]
>> And Bill is asking you're you're off.
[2:36:05]
Okay. Thank Um, if if I may, you um I
[2:36:08]
just wanted to let you guys you are a
[2:36:09]
very very conscientious planning board.
[2:36:13]
>> I deal with a lot of planning boards and
[2:36:15]
I was very very impressed with all of
[2:36:16]
your preparation and questions and very good. Oh, well
[2:36:21]
>> no, I mean it's but I know but everyone
[2:36:24]
everybody engaged but um
[2:36:27]
>> she's incredible but you guys also are.
[2:36:29]
>> She's incredible. Yes.
[2:36:31]
>> Thank you.
[2:36:31]
>> I second that.
[2:36:32]
>> Have a safe drive.
[2:36:33]
>> Drive safely.
[2:36:36]
it out.
[2:36:38]
>> No, we're we're just doing um we're
[2:36:40]
doing a a sighting of a building for a
[2:36:44]
property. So, if you you don't have to
[2:36:46]
hang out if you don't.
[2:36:48]
>> Have a good night.
[2:36:51]
>> No, B.
[2:36:52]
>> Oh, okay.
[2:36:54]
>> We're still on 1623. We're not going to
[2:36:56]
reconvene down. We're not taking the
[2:36:58]
whole road show downstairs to vote on
[2:37:00]
this.
[2:37:00]
>> I thought you were telling her she Okay.
[2:37:02]
>> Oh, no. No. I was saying to Val that
[2:37:04]
we're done with the subdivision and it's
[2:37:06]
quarter to 10 at night. So, she wanted
[2:37:08]
to
[2:37:10]
>> um this one's
[2:37:12]
>> good work.
[2:37:14]
>> Oh, good night Valerie.
[2:37:15]
>> Okay. Thanks. Thank you so much.
[2:37:18]
>> Appreciate all your help.
[2:37:21]
Um, so we have a sighting of a building at 100
[2:37:28]
Belchure Street and a plot plan that was
[2:37:32]
provided that shows the property
[2:37:34]
setbacks.
[2:37:36]
This is a second dwelling on a parcel,
[2:37:39]
but this parcel is 5.2 acres. So, they
[2:37:42]
have the acreage to have a second
[2:37:44]
structure on this house, I mean second
[2:37:46]
structure on this property. And you can
[2:37:49]
see they have located it within the
[2:37:51]
property setback which is the red dash
[2:37:53]
line around the perimeter of the lot
[2:37:56]
with our 25 20 and 30 foot setbacks.
[2:38:00]
>> Right.
[2:38:01]
>> And Bill, you're looking for us to agree
[2:38:03]
that the sighting of this building is
[2:38:04]
appropriate.
[2:38:05]
>> Yes.
[2:38:07]
>> Any questions?
[2:38:08]
>> Motion to approve the sighting of 100
[2:38:11]
Belture.
[2:38:12]
>> Good idea. Second. Thank you Simone.
[2:38:15]
moved and Beth second. All those
[2:38:18]
in favor?
[2:38:18]
>> I.
[2:38:21]
>> No roll call vote. Okay, Simone.
[2:38:24]
>> Motion to adjourn.
[2:38:26]
>> Second.
[2:38:27]
>> Oh, wait. Do we need minutes?
[2:38:30]
>> We're not doing any minutes.
[2:38:32]
>> Okay. It's quarter to 10.
[2:38:34]
>> Yeah. All approved. So, who who motion?
[2:38:38]
Simone motion.
[2:38:40]
>> Who second? Beth second. All those in
[2:38:41]
favor? I
[2:38:44]
thank