The Raynham Channel

Conservation Commission 11/05/2025

• Raynham

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(Episode Description is AI generated and may be errors in accuracy)

A driveway over a shallow ditch, a neighbor watching the waterline, and a developer trying to keep a project viable—this meeting captures how real decisions get made where people build and wetlands breathe. We start with a simple cleanup on Spruce Street and quickly move into the engineering heart of the night: preserving hydrologic flow under a new driveway with open‑bottom culverts, scaling back agricultural use to respect buffer zones, and making replication exceed the disturbance area. When a neighbor questions pitch, ponding, and who shoulders the risk, we walk through survey‑based grading, as‑built checks, and why local bylaws often go beyond state minimums to protect downstream homes.

Then comes the hard reset only an enforcement case can teach. After a homeowner filled a wetland by mistake, two paths came into focus. Keeping the fill and replicating elsewhere would trigger a 401 Water Quality Certification and a longer, costlier permitting track. Removing the fill and restoring the original resource would likely avoid 401, reduce risk, and return function faster. We chose the path that honors the resource: restore, replant, and mark the 25‑foot no‑touch buffer with clear signage so the line is respected for good.

Scale raises the stakes in Phase 4 of a multifamily project. The team sought to add units and adjust building types while holding the 100‑year storm elevation steady. Their approach: expand the detention basin area by roughly 23 percent to offset about 6,400 square feet of new impervious surface, leaving peak water levels essentially unchanged. We pressed for bolder plan graphics, staked corners, and tighter erosion controls so field crews build to the intent, not just the linework. Elsewhere, we continued an ANRAD for a site walk to verify flags, advanced a long‑pending certificate of compliance, and lined up a commonsense update to our fee language to keep reviews fair and efficient.

If you care about how towns balance housing, flood risk, and wetland protection, this one is a masterclass in practical tradeoffs: culverts that keep water moving, buffers that keep yards honest, and restoration that puts the land back to work. Listen, share with a neighbor who lives near a brook, and leave a review with your take on where you’d draw the line.

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SPEAKER_14:

Last time uh a colleague of mine, uh Bernie presented uh plan to you, I think everything was all set, but we didn't have a file number.

SPEAKER_10:

You didn't have a file number, yeah.

SPEAKER_14:

So we have a file number now, and um I think we're everything was squared away.

SPEAKER_10:

So just throw the plan up so we can just refresh it.

SPEAKER_14:

This is in the West Minus States subdivision, only those little states.

SPEAKER_02:

So it's on Spruce Street, and the wetland is back here, the 100-foot bumper zone, and the 50-foot is out here. Um road control with a little bit of work. That's it.

SPEAKER_10:

Okay. Uh-huh, water and acceptable accessible.

SPEAKER_09:

Okay.

SPEAKER_10:

Uh the only thing we did talk about last meeting was where the uh wetland line comes up onto the appropriate next to their property. If we do the 25-foot no touch, even though the wetlands is actually on the other property, it's so close. We'll just do um signage there. A couple of placards. Yep. Okay.

SPEAKER_02:

Yeah, Bertie mentioned that he wasn't sure if you guys were forward or against it.

SPEAKER_10:

No, yeah, yeah, we proposed it to them.

SPEAKER_02:

Okay, okay. Not well. If that was in the order we can put that up.

SPEAKER_10:

Yeah, we'll be it's division.

SPEAKER_02:

Um two plackers, three plackers?

SPEAKER_10:

Yeah, I mean two or three. What do we think? Sorry, yeah. Yeah, is it it only so we could put it right?

unknown:

Okay.

SPEAKER_10:

All right. Uh what would you like to do? Uh the closed idea order. All right. Anyone of the audience have any comments or right?

SPEAKER_04:

Uh I have a motion then. Uh motion to close notice of intent, lot seven, Super Street Western line state, DP 2691079.

SPEAKER_06:

I second.

SPEAKER_10:

Motion being seconded. All in favor? Aye. Aye. Opposed? Okay. Motion to issue. Motion issue.

SPEAKER_02:

Uh blue is the wetlands line, yellow is the hundred-foot profit zone, and the orange is the fifty-foot. Um, the majority of these have no work in the 50-foot.

SPEAKER_14:

So I don't know if if it's a case like that where there's no work in the 50 up the 50 feet, um, if you'd be looking for an RDA or a notice of tech.

SPEAKER_03:

Yeah, that would be that's just the RDA. RDA.

SPEAKER_02:

So that's gonna be kind of that big eye, sorry.

SPEAKER_10:

Yeah, it looks like the middle one here comes over y'all. Oh, the okay.

SPEAKER_02:

Yeah, and this is just gonna I haven't designed these yet. Yeah, we have two more um on the little cul de sac over there, and those will be notices because we have the 50 foot of those two. So I didn't I didn't even want to ask for those, but the rest of them just so I know when we get going. Is that moving right along, believe it or not, that this sort of thing?

SPEAKER_13:

So, thank you.

SPEAKER_10:

Next up is continued notes of the 10, zero Wilbur Street, map one, lot ninety-seven dash A, EP two six nine, ten seventy-three, uh single family home. We have some revised players.

unknown:

Okay.

SPEAKER_12:

Good evening. Uh Shane Oaks with Independence Engineering. Um we were here probably three or four weeks ago. Uh the commission had uh a few comments. So uh the first uh comment that we addressed was we removed all uh agricultural use from out of the wetland areas. So basically uh the agricultural areas have been split to each side of the house as a result of keeping them out of the wetland areas. Um they've been reduced by about 2,000 square feet plus or minus. Um thank you for that suggestion as well. Um and the second item was there was some concern about the uh hydrologic connection once the driveway was put in. So Mr. McFrae and myself went out to the site. Uh we found uh there's the existing ditch, which we have a uh pipe going through. Um, and we're proposing a two by two open box, open bottom culver, and then we found another low spot, so we added a second two by two open bottom as well. Uh when we ran the calculations to size those based on the flow, it comes up like eight and twelve inches. So these will have plenty of capacity even during the largest storm events. So those were basically uh also as a result of removing uh the agricultural areas, the total wetland disturbance is now 1660 square feet. Um the replication area is approximately 3500 square feet. So those were basically the two changes we made since we were lost here.

SPEAKER_10:

Um on your crossing, I thought me and you talked about one um right here where the isolated button was.

SPEAKER_12:

So that doesn't have, we look, we went back out there with a survey, that doesn't have any connection. It kind of sits in its own pool. So we didn't, I didn't we didn't really want to have it drained. Um you could end up drying that out if you put that connection in. So that's why we left that one off after we revisited it with the survey and looked at the topography a little bit more in detail.

SPEAKER_10:

Yeah, and you might assume was it, you know, the driveway backing it up.

SPEAKER_12:

Yeah, no, though it's actually encapsulated with itself, so it's basically like a little tiny, it's a triangle of of depressed topography. Yeah, so if something back it up at all, there's there's no fill at that point. So it's just gonna still have that fill. Um and there was no evidence uh when we when he did some augering in there, there was no evidence that it was really wet that often. So yeah. We didn't want we were afraid that that area would dry out. I mean, again, it's very, very small area, so that's kind of why we skipped that.

SPEAKER_10:

Alright, and over here where the original proposed agricultural was, that's completely off the table now. There's nothing going to be done there? Not within the wetland areas, correct.

SPEAKER_12:

Okay, but I see I see rail fence here. Yeah, there's still that's still an agricultural area on either side of the house. So the right hand side, um this area is approximately 9,000 square feet now where it was 15 before.

SPEAKER_10:

But the problem is your fencing is right up on the weapons.

SPEAKER_12:

Yeah, it's set off the weapon line a little bit.

SPEAKER_10:

But you you're not giving us our 25-mo touch around the weapon yet. You're running.

SPEAKER_12:

We talked about that at the first hearing. I thought that that was, you know, we would get some sort of exemption because of the farming criteria. We don't.

SPEAKER_10:

We're back to the original argument, is you don't have paperwork that says you're a registered farm. So until you have paperwork that says you're a this has happened before in town, just recently. Until you have that state paperwork that says you're a registered farm, you still have to follow our rules.

SPEAKER_12:

Okay, so I could have them, we could just phase it out until she gets her paperwork if that's sufficient. It's gonna have to be. Yeah, that could be like a second phase of the project. We discussed that as well. We did that, yes. Because I know she's in the process, but I don't have an update from her. So I'm sure she's fine having that part of the order, one of the conditions that that's phase two, and they'll be back in front of the board with their paperwork code.

SPEAKER_04:

Where's the uh replication?

SPEAKER_12:

Right here. Uh thirty-three fifty square feet. So it's a little more than two times colour.

SPEAKER_03:

But clearly if you have moved it, you've got to do a very strong language uh well yeah, I think that would be a condition if you if you approve it, yeah.

SPEAKER_12:

I think they're just trying to get a starter on the house.

SPEAKER_10:

Anyone in the audience have any comments or questions?

SPEAKER_01:

I guess yeah, I had a couple of questions at that time to think about more about this. Oh, Brian Berry, 141 Mogar Street. Excuse me. Uh the original plan it was to uh fill the land four to five feet up. Is that correct? Um, approximately where the house is. So maybe not quite that much, I'm guessing like three feet. If it's been looked into, uh my question is with all the water there, in my own opinion, I think it's saturated in the so-called high spot myself, but time will tell that, I suppose. But if it's so dry, why do you have to add four or five feet fill? Why do you need that? If it's dry, you're gonna just dig down in the dry spot.

SPEAKER_10:

That's I I'm not a contractor, so I don't I can't answer why they need to add fill.

SPEAKER_01:

My fear is that maybe it could be wet down below, there's a lot of clay there, so you've got to build it up in order to go down, and then it just the you know consume more water, you know. The other thing I was wondering about was uh, I understand what do you call it? Boxes, two-foot boxes, is that what they are? Where those are, that's uh that probably takes care of what we could assume would be water there, but where the brook goes from that pond that you saw back there, yeah, that's fairly level. I think I saw something that's like a 1% pitch. And uh those boxes are put in. What's to say anything coming towards my backyard is gonna directly go to those boxes through a small brook because it's fairly flat. The brook is not deep at all. What? Could that be renovated to keep make a deeper brook of something like that to make sure the water goes into those boxes?

SPEAKER_10:

The natural flow right now goes up to the call it the road, for lack of better terms, the roadway. Yeah. The purpose behind the box culverts is to just do the exact thing for you, is to keep the water away from your property. Yeah.

SPEAKER_01:

Move it downstream. Well, I understand, but it's not just a broke anymore, like it was years ago, and now it's just flattened out, it's coming towards me anyway, so I can't see where that little brook is going to stop anything.

SPEAKER_10:

Right now there is no piping here. So there's a there's basically a dam there. So right now any heavy rain has the potential to back up towards the north and west. Yes. Okay. Um with these two culverts in place, it's going to alleviate, in our opinion, the potential of that. That's why we asked the applicant to do that. Although they it's to prevent any further flooding.

SPEAKER_01:

They want it and all that there's been a couple of renovations on this. Or is it not that threatening that you need to try or request something like that?

SPEAKER_10:

Well, I mean, this is the normal process. This is a single-family home. It's not, it's not a a subdivision like the the one before this. Um so the process is the applicant gives up the plans, we review them, our engineer looks at them, we go back and forth, yeah, and come up with what you know we think is a workable solutions, and we go from there. And then it's up to the individual members to you know vote their opinion.

SPEAKER_03:

Is there any uh also they have this huge reach type system for their roof grid? For the rear of itself. And that is not really required for a single family filing.

SPEAKER_01:

We've spoken about the depth of these boxes before. How are you sure that you have enough pitch coming from west to the east? That's all done with with survey union. You know what I mean? You go too deep and you come back instead of going away, you know, on the other side.

SPEAKER_03:

That's all done with you know survey union and uh but the two but a two no so to explain that the two feet it's not that they're changing, you know, basically the two covering is to make sure that the ground pretty much stays the way it is so that we have the connection between both sides that allows the wetlands to function the way it's supposed to function.

SPEAKER_01:

And if something like that doesn't work, I know there's a lot of questions, but I've been thinking about this, and there's been a time in between. But if something like those watches don't work, and it affects me, who's responsible for that? Is that the town because they're responsible for the easements? Even though that's not an easement, it's just as much water there, maybe more than the actual easements. Who's responsible for that, the town or the homeowner?

SPEAKER_03:

Well the homeowner. It would be a civil woman. It would be a civil manner. Because all these all the Conservation Commission is charged with is to make sure that whatever is submitted meets the regulatory standards. And if the project meets the regulatory standards and you don't like that, then you have a right to appeal that decision or have somebody to review it for you. But if they meet the requirements of uh the commission would be obligated, that's why they ask the questions, that's why they do the side the site inspections to make sure that what is presented is pretty much what's out there. So uh really a bit like the uh roof drain recharge to take care of that roof drain. If you look at the wetlands regulations, they're not even required to do that. But the conservation commission, under its local regulations, add those things to make sure that our direction water to the uh in three ground.

SPEAKER_10:

Oh and just to add on to that, after the project's done, they have to do an as build. And the as build has to match up with the plan that is submitted.

SPEAKER_01:

Well, with the uh separate choice, I'm just uh all right. Well, I you know, I just I have a letter here which is what I think about the whole thing. I I could read it to you or I can just submit it if I well it's pretty much the same stuff I've been speaking about and asking about just now anyway. Okay. But I'd like to throw it on record because I my main question was if the gentleman just uh sorry, can I print your name to the just explained about what you know in you yourself did uh about how it should be done and the limitations are met, but um the town according to this a piece of paper that I think you may have seen, I got a copy from 1982 that the town is responsible for easements for maintaining, given to them by the original owner, Mr. Chipren, back in 1982, sold to the town for a buck. And it says in the paperwork here that they will maintain, repair, or change whatever has to be done in order to keep it right. That's the easement. And I understand that's in the blueprint, and that's easement. But my own feeling, I guess I'll repeat myself, is the water behind my house is not actually an easement on the blueprint, but there's just as much, if not more, water, coming behind me. And I'm just concerned about it. You know what I'm saying? So if something was wrong, so you're saying there's no responsibility, it would be up to me if I get flooded to go after the new homeowner, which I wouldn't want to do, you know, but who knows? Hopefully, this works, that's all I'm saying. Yeah, and that's the twice.

SPEAKER_10:

That's why we go through all these meetings to you know try and do our best to make sure that everything does work. Well, we do.

SPEAKER_01:

I appreciate you guys came out and looked at it, and I think that helped a lot.

SPEAKER_10:

You know, like as we said, you know, it you know, if you're unhappy with the way it's proposed, depending on what we do here, you have the opportunity, uh 21 days. No, 10 business days. 10 business days, I'm sorry. Um, after our decision to file a complaint with DEP. And what do they do? DEP will come out and they will do a review of the project.

SPEAKER_01:

All right. I just submit these. We'll take that, yeah. And that is because I didn't know if I was gonna make it and I just print it there myself today, but thank you. Okay, all right, thank you.

SPEAKER_10:

Anyone else in the audience? All right. Um right, sir.

SPEAKER_12:

The uh also we would request that the commission close the public hearing and issue an order of conditions for the project with the one uh special condition about phasing in the agricultural order and the standard conditions.

SPEAKER_10:

We will need to see uh an appropriate plan that might get that to us sooner later. Yep. Right. Uh in a motion to close the hearing on 0 street, map 1 lot 97A.

SPEAKER_04:

Motion to close the hearing on notice of intent on 0 street, map 1 lot 97 A, E, 269, 1073, closed single favorite 12. Second?

SPEAKER_10:

Motion made seconded. All in favor? Aye, opposed, and yes. Thank you.

unknown:

Oh, yeah, uh yeah, you know.

SPEAKER_07:

Just a reminder as to where this was and what this is all about. Um last October, Mr. was given an enforcement order for inadvertently filling the wetlands in his backyard. At the October meeting, we were he was informed that he could possibly look for a more suitable location to replicate the wetlands that were that were filled before you in August with a plan that showed crossing uh temporarily over the wetlands to replicate on the other side of the wetland area. Um we also showed that that was potentially in the 200-foot riverfront to be a dam long before. Um EP at that time also commented saying it would require 401 water quality. Um revised the proposed, review at that meeting, and we illustrated the removal of the wetland fill and not crossing over the wetlands. Um, but that was given to you at the last meeting, probably four or five, six weeks ago now, maybe. Um, for your thoughts and your input, and then the homeowner wished to be in front of you to listen to and discuss the options at hand between the two options in front of you. So Mr. Kuran.

SPEAKER_10:

Just name and address, please. Name and address.

SPEAKER_00:

Okay. Uh just wanted to say uh to the commission that uh at the first meeting I know what I did, what was wrong, and we tried to do the best we could with some input from the commission. And uh we did a lot of work and effort and a lot of money. And for some reason it didn't work. I was out of state for a while. So just contacting my engineer, I know some of the decision. I was wondering why it was made like this and if it something still can be done to correct that, which I am willing to do. Like I said, at the first meeting, more than it's required. Uh like I said at the first meeting, the war I screwed up.

SPEAKER_10:

Yep. No, and that's why we're here now. Um we had our first meeting, we discussed, you know, there was filling that should have been done, blah blah blah blah. Rebecca was here for another project. You contacted her immediately that night. Yes. Um, we came up with the first plan, and uh the commission looked at it, and DEP actually looked at it. Um of the commission members weren't happy about the wetlands crossing in addition to wetlands filling that was already done. Uh DEP had some concerns, they had multiple comments about it. Uh so we asked Rebecca to go back and uh look at just redoing the wetland area that was filled, and um that's where we are today.

SPEAKER_00:

Because that is so much land. I mean, it's I understand what what the commission is saying. This is just so much land, and that could be replicated. It's just to me, I mean I know again what I did wrong, but it just doesn't make sense to do that if we could do something else easier way and But better for me, for the town and for everybody, because it would look different, right? That's my opinion. I I mean I don't know much about it. If I knew I wouldn't do it, obviously. But it just it it just bothered me and I have sleepless night over that because that's not easy.

SPEAKER_10:

Yeah, no, um, like I said, unfortunately, you know, the mistake was made and we've gone back and forth with the best way to to mitigate it and fix it, and this is the plan that's in front of us now.

SPEAKER_07:

Um so you know, we're gonna look at it here and we're gonna talk about it and uh uh if I may, uh I do have a question about the parts of the 401. Now my understanding is the 401 is if he keeps the fill. So do we eliminate the need to file the 401 if he's actually now removing the fill? Then maybe still parallel dial.

SPEAKER_10:

Yeah, you're gonna have to talk, I can't think of gentlemen's name for TEP.

SPEAKER_07:

I didn't know what I do. And I know, that's fine. I can follow up with the DEP, but that was another thought I had. Because it says in the 401 certification, it was if you're doing a community with loss of 5,000 square feet of water in our isolated wetland, but if we remove it and put it back to a wetland, have we eliminated the need for this question?

SPEAKER_03:

Well, if if it was a restoration of work uh and then it will and then it will remain a wetland's resource, then you can uh avoid your water quality. The water quality is uh requirements for permanent loss to justify that loss.

SPEAKER_07:

That's the whole answer I was hoping you were going to give. So plan A, the first one we went, where we crossed the wetland and we replicated on the other side and we left your fill in place, will require this form and all of the actions and the costs associated with this. I didn't go through it all, but it's substantially. You could go with the plan in front of them now, where you just remove the fill, find a home with the fill, remove the fill and replace it back to the wetland status it was, the DEP has a lesser requirement for it. I'm saying this right, so I wanted to make sure I can explain it. We won't have to do all of this added extra, I like to call them planning moves instead of just regular jump to groups.

SPEAKER_03:

Yeah, because basically you're addressing you addressing the validation.

SPEAKER_07:

So as much as I want you to get what you would like, I'm still gonna recommend that you avoid this hurdle and we find a way to restore it back to the right.

SPEAKER_00:

I don't want to fight. I just wanted to understand. Unscrew what I did, yeah.

SPEAKER_07:

I wanted you to hear it, and I wanted to make sure I was interpreting this right.

SPEAKER_00:

Wait, but uh like I said, I don't know the law. If I do it, we wouldn't hear.

SPEAKER_10:

That's what that's why you did the smart thing and hired an engineer.

SPEAKER_00:

That's what we would have advised was and I did it in two seconds. Thanks to Land.

SPEAKER_07:

So having hoping hoping that we're gearing towards the second plan in front of you, can we look at it from where it's its worth and see where it takes us tonight?

SPEAKER_10:

Let's continue and go from there.

SPEAKER_07:

Um we've shown a plan removing the fiddle, restoring it to a wetland by Ken Thompson, and also replicating some planting in the 25-foot buffer that was also disturbed. So it brings it back to and probably better than it was um before this descent.

SPEAKER_10:

It's been a while, Rebecca, since I've been out there. This corner.

SPEAKER_07:

What are we looking at? Which line?

SPEAKER_10:

Uh go to the front page. So the bottom bottom corner of the uh restoration area, is that all filled now or is that this is the area that's filled, right here. Okay, just that one area? Yes. So there's no fill to the that side of it, the other side.

SPEAKER_07:

When camera and the flag are located, that's what the limit is for it to be located. Now the this is the edge of the tree line, too, as well, so it kind of demarked where it was. Okay.

SPEAKER_10:

I'm sorry, I just read this makes sense. Um make sure that is added to the plan. Um the final thing is 25 foot no touch, it will be signage. Reminder.

SPEAKER_07:

Do you have an idea of what we're looking for?

SPEAKER_10:

Uh usually we do uh you know, we didn't do anything from PVC piping with signage on it. That's what I'm thinking. Split rail fence.

SPEAKER_09:

Every 30 feet or so? Everyone.

SPEAKER_10:

Yeah, 25, 30 feet. Um you want to dress it up, do a split rail fence and put a sign on it. It's up to you. No. We just need to, it'll be in the order of conditions.

SPEAKER_07:

Will you give us the two options usually? Or is it up to us to do that?

SPEAKER_10:

No, you can you can it just some of the some of the different things people do is they do split rail, like one of the other projects is a split rail fence with signage. Some people do PVC pegs with signage. As long as there's some type of signage there to hopefully prevent this in the future. Do any last comments? No. Anyone else? See none? Hearing none? All right. Would you like to close the hearing then? Alrighty.

SPEAKER_04:

Motion to oppose, motion agenda three to nine street three two six nine tense band mitigation.

SPEAKER_10:

Second motion. Motion made second. All in favor? Aye, opposed? Yes.

SPEAKER_07:

Would this be a standard order over three-year?

SPEAKER_10:

I'm sorry.

SPEAKER_07:

Would this be a standard order with a three-year factoring?

SPEAKER_03:

Well, so this orders in response to an enforcement factory. Correct. That was what I so it wouldn't be three years. So how long will it be? But it will be usually within the three months, and then it can be extended. At least the initial work. Well, you're coming into winter actually.

SPEAKER_07:

We're coming into winter.

SPEAKER_03:

So probably at least a year a year for the year.

SPEAKER_07:

I was gonna say time of year.

SPEAKER_10:

So the year will be good. Okay. That'll get you get it done in the spring, give you some growing time, things to establish, then come back to you from today, and make sure we have a report. All right, thank you. Good luck, sir. All right. Next up is abbreviated notices uh resource area delineation for seventeen forty-six Broadway. Uh two six nine, ten eighty.

unknown:

Oh, town's coming waves, I'm we're in the ring of waves. We want to slow down.

SPEAKER_03:

Yeah, don't you didn't say that's what twenty-nine.

SPEAKER_10:

So what did you count? One, two.

SPEAKER_03:

The first was Saturday was Saturday. So the twenty-nine was Thursday uh uh the Wednesday. Wednesday. So yeah, Friday.

SPEAKER_10:

Yeah, I missed Friday. I'm sorry, Friday. Okay, I missed Friday. I apologize. It's okay.

SPEAKER_04:

All right, uh in accordance with Massachusetts law, chapter 131, section 40 of the town ring and vocal bylaw, the ring of conservation commission. At 530 pm random veteran. At 558 South May of the Assembly. Application firewall CAD lab. The applicant applicant is seeking the pool. The property is owned by MADLAB.

unknown:

We're back from somewhere near. Uh for 1726 Broadway.

SPEAKER_07:

Uh we have uh weapon line applied by 1000, uh, November 2024 now, and we located it by field survey shortly after um December 2024. Um here we can approval the weapon line before we do any future planning on what the property can be due for us.

SPEAKER_10:

Alright. Um just referenced, this is the Setzel shop next to the used to be a Great American pub. Yeah, except the back goes in the front guy. Yeah. Alright, uh together this is gonna require sidewalk.

unknown:

This time I'll make sure the flag is still there.

SPEAKER_04:

Bring your boot.

SPEAKER_07:

Is this all tree in the back? Is it waiting in the block back there? Yeah, this is the tree line, so it's all waiting.

SPEAKER_03:

Yep.

SPEAKER_07:

Oh yeah, and you got no problem, so all right. Um schedule that now, you want to get in touch with me?

SPEAKER_10:

Yeah, we'll have to. Fine. Um not everybody later tonight, so um yeah, we'll ask for a continuation to the next meeting? Yeah, yeah, we'll uh get some dates and shoot your email and go from there. Yeah, I'll just make sure we're there.

unknown:

Okay.

SPEAKER_10:

All right, motion to the audience. Anybody in the audience?

SPEAKER_09:

Nope. Yeah, it goes through the motion. Uh just nineteen, okay.

SPEAKER_07:

Well, if we can't, I'm okay with that, because I think I have a C V A here now. I don't know how that works. They're after us. Oh, okay, cool.

unknown:

Then it doesn't matter. I'll be here anyway.

SPEAKER_07:

Well, they're at seven, so I'll be here anyway.

SPEAKER_10:

19th, we'll try it. Okay, good. We can't get it on before them just motion to continue.

SPEAKER_04:

Um resource are rebuilding the agent, 1726 Broadway, the two six nine, ten eighty, two eleven nineteen.

SPEAKER_10:

I second that motion. Second is all in favor? Aye, opposed, unanimous. Alrighty.

unknown:

Thank you.

SPEAKER_10:

Okay, next up is modified request for modified order of conditions. Blackwood, LLC, ring of river water, P two six nine, O nine sixty five.

SPEAKER_11:

So we're here uh seeking a modification to plans related to D file number two six nine-0965 to be consistent with our latest approvals from the zone four fields. Um we went uh to the zone four of the fields to seek an expansion of the project. Um, uh, unlike one of the previous presenters, our slight also been pretty slow there. And so uh if we continued on that track, it would actually render the project uneconomic in that um comprehensive program's sense if you might do that. Um so on September 9th, we received a vote of insubstantial change from the Sony Board of Appeals. Um, and this allowed us to increase the project from 138 units to 152 units. Um the project adds three new triplex buildings and converts the number of duplex buildings to triplex buildings. So um, so essentially we've modified phase four. So this is the entire uh proposed community as currently approved by the zoning board of appeals from here up is phase four, and that's the location of all of the uh proposed changes within this last area. Uh to date, we've built kind of this one room uh up to here, and we've been building homes kind of in this direction, and we're working kind of in this area now. We haven't gone down this uh leg of the project as of yet. We have about um 34 homes occupied uh at this point. So all of the changes really occurred kind of in this area. Um, and in summary, there were a number of duplex units that were duplex buildings that were along this area. These are uh three-story triplex buildings now. These buildings here were there as part of one of our original plans. Uh the previous modification they went away and now they're back. So that's that kind of describes uh the building changes. I created at this point here. Um if you control hard to see some here. I figured it would be good if we could make it a little bit more explicit, the um kind of the previous uh limited development or what limits uh sorry, corruption control line versus what we're proposing today to point to the uh biggest limit of the work is the red dash one, and the both of the port is the uh dash one.

unknown:

So really the biggest uh work curve and this area right here. This is very similar.

SPEAKER_11:

Um, and a little bit of a bulb kind of right here. Along this edge, everything is essentially uh essentially the same. But um, yeah, I want it to be kind of explicit as to what's different between the previous plan and this current plan. Uh I'll probably recall this is a comprehensive permit, so the local uh weapon filong would receive waivers from that. Um so that's uh really the kind of the brief summary. Essentially, the layout of the plan is the same. We still have this main spotting road going through. We have a stub road over here that goes down to the playground. The detention basin remains at the same location. Um not uh you know, not a lot has changed in uh in our opinion. So we're looking to get this uh approved as a um uh minor modification, is what we're seeking, aka field change. Um so Louis's gonna give you a little bit more detail uh about the design of the plants and that's like evening again.

SPEAKER_08:

I'm Louis Barone, uh engineer office at two-staff reporting parents and round. Um as Dave mentioned, the changes here are not substantial for the overall project. And I want to kind of go through um our canalization approach for how we came up with um mitigating the additional impervious. So, as they have mentioned, there's some additional units. Um, there's a rooftop area, some roadways and drop is that have been adjusted and expanded. Um, this amounts to an additional impervious area of about 6,400 square feet, which is about 6.5% of the impervious area for phase four alone. So the pond itself is captured water from other phases. This is uh the 6.4% of the increased impervious area is just for phase four. So because we looked at the 100-year storm, uh the previous design had an elevation of 100-year storm of about 22.26 feet. So what we have done is taken the additional impervious, determined what volume would need to be the pond would need to be increased in order to hold that and expanded the pond out to hold the additional almost 40,000 feet of water. The pond area itself actually increased by about 23% to capture this volume. Um, and the total elevation of the pond at the 100-year storm is just under 22.26 feet. So we did not increase the total volume of water going, uh sorry, the total elevation, high-elevation of the pond at the 100-year storm. Um there are no other changes that were required for the public components of the stormwater system as the increase in the increase is kind of spread throughout the catch-based impact on the systems did not require any additional updates. Um again, kind of minimizes the impact throughout the development. Really the pods at the run of the increase, and we're able to capture that without any additional conditions. That's kind of the high level of our design approach.

SPEAKER_11:

If you have any questions, you can feel free to think where we kind of summarize a little bit more of the uh let's say calculations uh behind this this modification so we can uh turn over to uh as well. Um this might what I don't understand is uh what is the exploration date, the quote is the exploration date problem, but so I think I'd be a little bit quick now because uh it's actually I thought it was uh this December uh 2025, but it's actually December 2026. I would I would actually still like to, you know, again, uh really at the discretion of the commission, but um we're gonna need an exception uh beyond next year.

unknown:

Yeah, but I mean it's gonna be all over a year away.

SPEAKER_03:

Yeah. So we're not gonna try to try out to do that. That's fine. So I would draw that request. That's right. Well, that's the gamble you that's a gamble you run. Yes. Pay for us, thanks.

SPEAKER_10:

I guess my my what I don't understand, I wasn't able to explain it better to me, is what we had for original limited work and now it's being pushed back, I think, significantly, especially on unit five and unit three uh and unit 50.

SPEAKER_09:

Um that's the part I'm a little confused on where we go from there.

SPEAKER_03:

Well they uh they actually and all throughout the here, they uh they see it very well, but over on the side here, they are expanding the uh the limit of what yeah, they are doing a more encroachment into the into the 25 foot.

SPEAKER_10:

And what I don't see on the plan is how much encroachment there is.

SPEAKER_11:

Uh I guess the difference between the red line and the green line is the is the change.

SPEAKER_10:

Yeah, but the your your plan doesn't depict where the actual welding line is. Okay. So I'm building how much closer I'm building fifty ninety.

SPEAKER_03:

If you look at key. So no say you need 50 to 15 or something. Yeah, each one of the gets yeah. Yeah, that's how it expenses. Yeah, so what a increase.

SPEAKER_11:

Yeah. Yeah, so the the welding time is on there, it's pretty pretty subtle. Um I must uh I must have aluminum to try to just uh yeah.

SPEAKER_03:

So that's kind of if you're let's say area of uh area. Yeah, so I would suggest um giving the commission big side sheet like this, and then just colour put in it. Okay, just how you can colour put it, sure, you know, because this is good for well, if you are trying to sell somebody the units, right? But for the purposes, that's too it's too faint, too busy with the line of work. So if you can zoom into this area, and just highlight it and highlight that.

SPEAKER_11:

Yeah, and that uh just a note, so that those lines represent the uh the erosion control line. You know, there are areas in the proposed condition where I think we can tighten that up. You know, there's kind of flat land at the bottom of the wall or flat land at the bottom of the slope that we can you know put the erosion control and tuck that in uh a little bit closer. So um, if that's uh uh pleases the commission, we can make that you know adjustment as we uh um kind of come back with a uh let's say more highlighted plan.

SPEAKER_03:

This area here, right here, right here. Yeah, okay, and um and uh from here up to here or from here all the way down to here, it's quite expensive. Yeah. So what is the driver for the, if I may ask, what is the driver for expanding the work area?

SPEAKER_11:

Well, frankly, it's per it's economic. Um, you know, this the sales have been about 55% of the pace of our original performer. We we lose about$120,000 every time we build an affordable unit. And there's 25% affordable within the community. So it's uh we we went back to the ZBA purely because the economics of the project were not working, and under the you know, common. Comprehensive permit guidelines the project say needs to make money. You know, a little bit, at least it's capped by how much it can make, but it's uh we're allowed to make minor adjustments to the size of the project in order to have it become or remain economic. So the CBA basically agreed that a uh minor modification of the size of the project was important.

SPEAKER_10:

Okay. Um so you have sort of plan that shows us better where the weapons lines are where things encroaching. Um second issue is I was out there, let's say a month ago, um following up on a complaint. Um and I think there was some land taking over to the self property that somebody was complaining about. Yeah, so I don't know. I mean but in area right there, um all the hay the hay is here. The hay bail line was destroyed and up into the section that you haven't done yet with the packing, all the equipment and debris and stuff, that was all destroyed. Um I talked to the on-site supervisor. Uh has that been all repaired? I haven't been updated yet. Yes. Okay. Just so we're clear that all those hay bills need to stay in in place in good shape, the flagging needs to stay in good shape until you have your certificate of compliance and relative to phase four.

SPEAKER_11:

You know, I would I would suggest that uh we can uh stake out the agreed upon a board erosion control line uh that we come up with. I'll double check that uh you know all the flags are still there for we can identify survey and then we can take a walk you know on that to see if there's any, let's say, for three weeks that might be uh might be helpful for the erosion control gets set. There's a erosion control down there. It is the red line as opposed to the green line.

SPEAKER_09:

Well it should be the green line right now. Uh the red light that's what it's right now it's right.

SPEAKER_11:

Yeah, I'm sorry. Yeah, we're talking we're okay, okay. So this modification plays the green line. Yeah, okay. Sure. So if uh we could have uh continuous for the next uh level hearing then? Yep, okay. We'll uh we'll get you some uh updated plans in short order. Okay, sounds good.

SPEAKER_03:

Yeah, we're gonna well so I would suggest of uh especially this area here to refresh the hotlines flags and then put the back corners of the proposed work. Okay. Basically the foundations, the two back corner circuits. Yeah, okay.

SPEAKER_04:

So we're not extending the order. No, no, no. No, we're just doing modifying a continued.

SPEAKER_10:

Yeah, we'll continue. Yeah, we're not doing anything at the moment.

SPEAKER_04:

Motion to uh continue to modify uh order conditions of LLC uh DEP 2690965219.

SPEAKER_10:

Second motion. Motion made seconded, all in favor? Aye, opposed, unanimous. Thank you, thank you, gentlemen.

SPEAKER_03:

Is original deprecies still working in that company? Who?

SPEAKER_08:

The original Depree. Oh, uh Dennis Dupree? Yeah, yes, he still works there. Yep.

SPEAKER_11:

I'll tell you something that well we I tried to get uh Mark Flaherty to do this uh revision, but they they've just gotten too busy. They're uh the father and son is now mostly son.

SPEAKER_08:

And so they still do all of our survey stuff, but couldn't do the friction the friction. Yes, yeah, yeah. We have an office in um Dedham, Massachusetts, and Milford, Massachusetts now.

SPEAKER_03:

It's Chris, Chris of um Chris Du Hamble? Do Hamble? Yes. Yeah, he made us. Yeah, yep, yeah. He was the president a couple years ago.

SPEAKER_08:

Yes. Thank you guys. That puts us in hello. I will, thank you very much.

SPEAKER_07:

Yeah, I need your uh comments.

unknown:

Yep.

SPEAKER_10:

All right, uh next up is a request for student compliance 297 Elm Street West, DEP 2690 20. Um This was the house that was sold, and they realized when they did a title search that the uh specific compliance was never done. Um there and surveyed it and says it meets the standards. Um it's in my neighborhood, I know the house, and it does match up to the standard. Yeah, yeah, it does match up to the plan that the original plan.

SPEAKER_04:

Um, issue is that we're gonna be able to do it.

SPEAKER_10:

Uh everyone get a chance oh, informal first. Uh we have Amy made up the new meeting schedule for until July? June. The end of June? Well, the first part of uh next year.

SPEAKER_03:

The first part of next year. I would suggest because you don't have the two members here. Right, it's not critical. I mean we have a couple more meetings before next year. We have the meeting in 19th, we have the first meeting before December. I don't think it would make sense for you just to have everybody here. Yeah, no, no, we've got a lot of two mockings. We vote on 19th and the first meeting in December, I'm saying.

SPEAKER_10:

Don't be a cringe.

SPEAKER_06:

That's okay.

SPEAKER_10:

I don't really remember what I had for lunch, but um if you could send these out to Riley and Will, that would be great. And we'll vote on it next meeting. Everyone to get a chance to review the minutes of last meeting? Motion to accept them. Motion nay, I'll second it. All in favor? Aye. We can't do it.

SPEAKER_03:

We can't do it. We have a quarter for me. Yeah.

SPEAKER_10:

Uh site visits. We will have to figure out one. Schedule a schedule one for uh Broadway.

SPEAKER_03:

So usually what you do is you you give in me. And then if you have three or few or more, we'll just add Tuesday. All right. So a couple weeks ago, maybe last week, I don't even remember which day, that uh Emmy and I did meet with the uh panel count. So what uh what I recommend uh regarding the it's currently called consulting of the fee, but in reality it's part of the filing fee. Okay, it's not the same, if you remember, like when you hire uh um Mighty Dover, you uh she gives you a proposal, you have an account with their client, uh the applicant pay the deposit and it's putting a 53G account. So the accountant here when when he sees a consulting fee, you say, wait a minute here, that's 53G, and we explain uh to him now that it's part of the filing fee that he just for that administrative review, okay. Um so what I'm suggesting is that you post uh maybe for the 19th a hearing to discuss our changing the name so that it's not confusing. And then what I will also suggest in that case that our in the language, well uh in the language of that, you don't have to discuss it right now because uh it's not properly posted, but what we're gonna be discussing or proposing for your discussion will be that to put in name that these are initial filing fees and that the commission may, at its discretion, based on how much time it takes to review the stuff, require that an additional fund to be paid. Okay, I think I think that's uh uh uh uh important because people come in here. I've had applicants a couple projects where they say, Well, we're gonna pay you a consulting fee. And then you end up like uh what happened with um um the one that uh Zenith did, with the one of uh Mr. Forbes presenting, and and then we kept going back and forth that they didn't have the proper calculations and they're referring you to the planning board and you know you do emails back and forth. You should be able to recoup some of that time. Because if you look at the um billing that you pay, you're paying from your budget instead of uh paying from uh you know from your consultant. So those are the things that we should be discussing.

SPEAKER_04:

So this is not a bylaw change, this is a regulation change, which we don't need to do.

SPEAKER_03:

No, the bylaw requires a more it's a lot more complicated. So when you need your bylaw, you put our regulations in place. And that applications is what deals with fees.

SPEAKER_10:

Okay. This is just allocation where the fees go.

SPEAKER_03:

Yeah.

SPEAKER_04:

As long as it's in the regulations area. Oh, yeah, yeah, yeah.

SPEAKER_10:

Yeah, yeah.

SPEAKER_04:

But we will have a we don't have to go to a town hall.

SPEAKER_10:

No. We but we'll have to have a debate at our next meeting over it.

SPEAKER_03:

Yeah, Bill, to your point, if it's bylaw, it's gonna go to the selectment. That's right. And then it's gonna go to the town town town meeting.

SPEAKER_04:

And it has to be voted.

SPEAKER_03:

Yeah.

SPEAKER_04:

Yep.

SPEAKER_10:

Okay. All right. Anybody have anything else? Nope.

SPEAKER_03:

I recommend the A word.

SPEAKER_04:

Motion motion to adjourn.

SPEAKER_06:

Second that motion.

SPEAKER_10:

Motion to name. Second it all in favor. Aye. Aye. Opposed. Yes.