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Planning Board 01/15/2026
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(Episode Description is AI generated and may be errors in accuracy)
Paved too hot, missing easements, and a punch list that won’t die—this meeting dives into the real-world friction between subdivision completion and town acceptance. We walk through the history of Admiral Circle, why the highway superintendent wants milling and an overlay in some areas, and how a targeted field review could save thousands if only a section fails. The bigger headache is legal: sewer easements that were never properly conveyed and open space without an HOA. We lay out a practical roadmap—fund the review account, coordinate with every department, verify as-builts, and record easements—so acceptance isn’t derailed at Town Meeting.
Then the room shifts to a focused public hearing: formalizing a third lot off a long-standing private drive at Gallagher Place. Rather than an ANR, we run a definitive process to attach enforceable conditions. We break down who owns the driveway, who has rights, and how to lock in fair cost-sharing without forming a full HOA. The solution: a recorded road maintenance agreement that updates the split from 50-50 to one-third each, plus paving to 18 feet with gravel shoulders for runoff and safer access. We cover drainage concerns, mailbox logistics, and utilities, and we vote to approve with clear, recorded conditions that bind future owners.
If you’re a developer navigating subdivision acceptance or a homeowner on a private road, this is a playbook in plain sight: get your easements in order, engage the departments early, and use the definitive process to write future-proof conditions. Subscribe for more transparent, nuts-and-bolts planning sessions, share this with a neighbor who cares about roads and rules, and leave a review to tell us what you want covered next.
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Okay, we're on the air. Mr. Rainham Planning Board meeting January 15, 2026 at 6 p.m. You can watch us on Comcast Channel 98, Verizon Channel 34, calling the meeting to order. To my left is Burke Arm, our vice chairman. To his left is Brian O'Field, Planning Board Member. To my right is Anthony Coley, our clerk. To his right is Dan McConey, Planning Board Member. And to her right is Matthew Andre, our associate member. I'm Chris Gallagher. I'm the chair. Basically, the way we run the meetings, as I say in every meeting, is we announce what project is on. I read any correspondence. I do any of my preliminary discussion. Turn it over to each member of the board to say if see if they have any input individually. Present what they're presenting. When they're done, it comes back to the board. I discuss it, I send it back to my members, and we volley back and forth. At some point I open it to the public, and public will not be recognized without a show of hands. And on in this case, there isn't a lot of people, but get to everybody, and it's by hand count and by recognizing by the chair. The first thing we have on the agenda is the minutes of December 4th, 2025.
SPEAKER_08:Table.
SPEAKER_06:Table out, okay. Second. All in favor. Any discussion? All in favor? Okay, the next thing we have 539 South Street East Site Plan. I have a letter dated December 17, 2025, from attorney uh Edward Edmund J. Brennan regarding the A American Investment Site Plan assesses Map 15, Log 18, Chairman Gallagher by this letter. I'm hereby requesting that the applicant application for site plan approval for property at 539-A South Street East be withdrawn without prejudice. So moved. So moved. Second. Any discussion on the withdrawal of 539 South Street? Yeah. See none or in favor? Aye. Okay. The next thing we have is Peter Balkland. We've got the completion of the package lane, Admiral Circle. We have correspondents from the highway department with a punch list. We also have correspondence from the sewer department with a punch list. What this is is Mr. McLaughlin wants to move towards the acceptance process. Did these get letters get sent to the applicant board? Yes. So there's letters from the highway, there's letters from SUAP that are going to get addressed. The applicant will get addressed. Basically, the process, you probably know, it's you can address all the issues outstanding. It comes back to us for a public you know hearing and recommendation, goes to selectment, gets an article on the town meeting, and on town meeting floor the recommendation, yes and only vote. Does anyone on the board have anything to say, Bert?
SPEAKER_08:Year ago, two of this there were a couple of houses that people couldn't get into the driveway.
SPEAKER_05:Yeah, I'm I'm here to address kind of everything, everything's sorry.
SPEAKER_06:I'm just gonna ask each person. Sorry, then I'll come back and recognize summarizing. Yeah, but thank you. But uh Brian, anything? Well let me I think that would be better, I guess, to do it that way, but yeah. Keith McLaughlin. So um should address Burke, I guess.
SPEAKER_05:So what about this one? Yeah, surprising. I agree. So Keith McLaughlin. Um my father's a developer, we've been working on this together. Look at my files today, and I came across the letter of March 27, 2012. I wrote to you guys to the boys saying that we were acquiring from a bank some some lots here in Rainham, and uh just kind of letting you know that we were taking over with some reviews that occurred. So um since that time, we had hired an employee of Richard Rudicus, who's a Rainham resident. Um he worked for us for 10 years and he handled this project. I I began the project uh myself in front of us, who's also included. A lot of you are familiar with Mason from the past. Um Richard took it and you know built it out. I was the broker of record, so we took over the houses. So this is just a quick it's a marketing. Um I have both the marketing just board as well as the you know recorded plan. Um just for some of you who have reference to it, some of you being honest, so I kind of started a little bit from the beginning. So we had taken over uh the lots in yellow. There might have been something to do with five phases, maybe a hundred homes. This is the very last year of the homes. We took over uh cardinal, which is uh it had a binder coat. The houses in green were sold prior to us being involved. The houses, the ones in yellow were empty lots that were released by the town under this phase five uh four at the time, maybe. Phase four was this area, so they had a binder coat on it. Um we came in, we we built and sold these homes that were released to customers. Um we then you know finished the binder coat, put in street trees, sidewalks, etc. For this section, we uh put together a tri-party agreement for 330 something thousand, whatever. We we took some infrastructure was in this roadway, we completed the infrastructure of this roadway, we the lots were released, and all of the homes were sold except lot 55 is currently uh owned by us, and we purposely held that as just something to keep for the future for ourselves. Um, the road uh was completed in full to uh what we thought was completed uh 100%. Um two years ago, Rich was in charge at the time. Uh he had requested um some reviews, there were reviews by Nich and the reviews, reviews on this roadway, reviews on this roadway, and there was a list of things that needed to be addressed. And I guess at that point, no question comes up with things that weren't brought up at that time. So, my the reason I'm here in front of you today is um I'd like to uh basically tell you I'm here, I want to bring this to uh completion and get the vote accepted. I think there's a lot of uh the VA review done, old questions will be addressed, new questions will come out, we want to address all of them to satisfy the board, um, and that's why I'm here. So that's my quick presentation to everybody, and I'm open for any of those questions you may have, and that we'll say that's okay for you.
SPEAKER_08:Well, but I reduced remember a couple houses that they couldn't get into the driveway. The roadway was going to be redone. I had a very mirror to select Zoom cut over here.
SPEAKER_05:Well, so the question about the driveway. So specifically, unfortunately, um Rich is our employee, so I have to represent speech, but I don't think he did it. Um things could be handled differently. So what happened was is you know, what when these homes were built, the homeowners you uh grass down to the Micro Code Roadway, which they perceived was their property. And if I was them, I would have received the same thing, to be honest with you. So they grassed down there, their restricting system was installed, and then yet yet meanwhile, there was an easement area where the sidewalk was supposed to go, street trees were supposed to be installed, and so this area was torn up, um, the sidewalks were installed, and it created a driveway to a straight sidewalk to a curve down, and and the way the transitions were done to your point, the cars would have a bump to it. Um we brought back the um the tarring company that had done that. They had re-rolled the areas, they they smoothed out the curves that you're talking about, and we we talked to all the homeowners, and they they were satisfied. I have not heard a thing myself. Um so I think that that particular problem was addressed. I wish it was addressed. I don't think it was done professionally by us at the beginning, but but it was addressed after the fact, and I'm I'm not aware of any complaints myself. And it's been a couple years. Um there were so that was addressed. There were other items on the list, dead street trees. Uh, we went and um we we blew out the uh sewer lines as required, but had stirred back in them. We remowed the basins as required, I'm sure they're overgrowing again. So there's there's things that we had done that we need to redo if we understand that. Biggest item being the the roadway, the milling, the question on that. And I was at those meetings with Bob. We walked it together. Um, with a different PPW director at the time to ed something that were Buckley. Buckley, Ed Buckley. So uh I was there with a group of people, you know, we all walked the road together. Um my understanding of it was that you know it seems like the roadway was rolled maybe hotter than it should have been, and there's I know that there's some smaller rollers on hand, there's hydrox on both sides, but um the solution that was written in the report was grind the roadway down, replace the entire top code, and then roll it properly, and we'll we'll accept it. I know that we had gone back and hired another engineer company saying, is that the only solution? And we were told about it as well. So I know that our guys were down, they they re-rolled the road, or whatever, the um the engine, the the I the invoice with the A1 paving is the one that did it. They re-rolled the road, they were trying to heat the road, rolled the road, said this should be good enough. And to this day, I don't know, I don't know if that's the right answer. But that's what we did. So I was out I I'm here to say, you know, I understand the history is in writing, I understand the history, and um we would just like to have it like you know with a fresh review, understanding the history, the review of what's there. I drove through myself multiple times, and it looks absolutely beautiful, it's a beautiful neighborhood, it's now matured. Um and you know, let up but let's let the engineers write down a list fresh, let them review the list, let them tell us both. Maybe there's a solution in between, maybe the solution is grinded and redo it. But we're kind of open to see what is the um most effective solution that'll be both cost-effective and meet those town's requirements. So we're here to listen to that from a new review. That's why I want to come here. We got you know, we have whatever four months or whatever before the next meeting. We'd like to try to address this quickly if we can if the weather cooperates, um, and that's the start.
SPEAKER_09:Anything else? All right. I want that bomb and all that. That road, the only way you're gonna fix that is you're gonna have to mill it and repave it, as the highway superintendent suggests, puts in hand. And also the sewer easements go through people's property, and the sewer department is gonna need it heated. So, because right now we can't even go on some of the properties where the sewer manuals are, the sewer department.
SPEAKER_06:Let's back up on that before you go, Keith. Yeah, on that is uh and that's typically what we used to do was we do a conveyance of easements upon approval of a subdivision plan. That got stopped at one point, so now we've had issues, there may not be any here, where people went and conveyed the lots, didn't make them subject to the easements. Uh so we had with we've had some problems on the few charts. So you'll see in some of their writings, they want the easements to be conveyed to the town, so that would all be out of the road taken. Um so you might have to do some research on your own on any of the properties that have easements through them to make sure your conveyances other than because we're gonna have to get those easements conveyed so the sewer department doesn't know all their easements everywhere, so they're gonna want to have illegal access to all the people. And you probably don't even have you probably can't convey because you never had owner interest in it.
SPEAKER_05:I I don't know. I I think we're getting ahead of ourselves, but I'm being honest with you. I don't know. I cannot represent anything to do with this problem that was sold to someone three hundred people who were involved. I can I I am responsible, I will take responsibility for the ones we sold, and I will certainly we'll all talk later and legally figure out what to do. But I'm just standing here today saying, I have to work into it. Yeah.
SPEAKER_06:That's why we would take it before because you've got a situation like this where you guys were fellow up and you guys came in and bought some of the remaining fossils, and he he didn't do his homework, but you know, you have no control over that.
SPEAKER_05:You still can do what you can do. So since we're talking about that, I might as well tell you the next thing that you still should be aware of, right? So this whole thing was built by Mike Tosha. There were no there was no homeowners association setup, right? Um so we we came in, we took it over. Um of our fees, it says that it will be a homework association. We will be required to be part of it. It'll be a normal fee if we're not a year or something. There are four parts of the older. And we as a developer are paying taxes on those older space areas during this construction period of 12 years, knowing that at some point the association takes over the responsibility of insurance. There is no very little costs for the open space that's paying. It's actually small small insurance, but it's something that in the big picture long term has to be addressed. So none of them have a conveyed. They were never there is no homeown association. Well, there's no common homeowner land to have an association. No, no, there are there are open space parcels that are in RNA.
unknown:RNA.
SPEAKER_05:Oh, because typically they conveyed one to their association to the town or as they were, right? So um it's kind of like an open-ended thing that I need to address also as part of this. And and it's addressing 80 homes that were built 10 years before we get involved. Yeah. Quite honestly. So I I haven't even that's kind of a different battle. Uh I I just wanted my mission is in step one is address everything we're doing tonight and and get the road accepted, and plan D is figure out any association on that. We're able to just convey it to the town. I tried that. Maureen and I have done that before. There were some taxabilities as far as going back eight or eight, seven or eight years. But there was some in condo associations in work speaking better than this, but that those open space areas get rolled into like the homeowners of the condo owners are taxed, and it covers the taxes essentially on the open space, right? In a condo. In these types of things, it's separated. The person's pay taxes on their home, then the open space is like a different, it's treated differently, and then the association has to pay the taxes, and people have to give donate to the or contribute to the association. So it's a different setup. And I was saying, you know, the numbers are normal. If you're increased, if the town accepted the open space, you increase the value of everyone's homes by a couple grand, to increase the taxes by a few grand to cover open space. The town would be hold tax-wise. The town would own that open space land, and it would solve long term. Everything was here. I proposed that. I was told, well, it doesn't work that way. How much could usually be?
SPEAKER_06:Typically, what they do is when you convey a lot, if it's 36 lines to the subdivision, you convey 136 to that land until you finish all conveyances. Then it's owned. So it's owned by everybody. That's how we need the right way to figure out the right way. And that's the same as when we do it. The conveyance of easements, too, with the conveyance of easements was never done either. Where we have the rights to the land under the sewer easements and under the roadway. But she wouldn't have to do that.
SPEAKER_05:Do I have the right to convey an easement that I don't own? You don't. So I don't know if I own it. Even the easement. Okay, this property that I don't own now, but I did own it at one point. I did convey to these people. You know. Did I own the easement before I transferred to the system?
SPEAKER_06:Subject to that easement, you're okay. But that's only on the watch won't. But you left the work, you left to work all that out with you know your lawyers and Raw. We're not going to work that out.
SPEAKER_05:No, we're not going to solve this time. But I'm just kind of saying I'll have to figure out some other people, I'll need some label thoughts on the direction of going.
SPEAKER_06:But we're just telling you you get possibly if you get paved in time, but we're just giving you direction on to deal with these two highway. I don't know if there's any water issues, but all town departments, you've got to deal with because when we come around to go do a road acceptance, we do the same thing. We go to all town departments and they'll come back clean or non-clean. So you're better off trying to get it all clean over the next few months.
SPEAKER_05:So what I would like to do, in order to have a complete list of what needs to be accomplished, those two letters are very valuable. We know how to address those. I would like to, I think Maureen confirmed it's like$1,000 in the account that's used for funds. So I would like to fund that account with whatever's needed, four or five grand. I would like to request the new company or this new company to come out, you know, give me a fresh review list, fresh punch list, those letters being part of it, and then I have a few factors where what to address.
SPEAKER_06:That's what I'm like. So that's the direction we're sending you. Maureen sent this, I believe they asked built every department. So that's gone to the departments to that to get comments back. Um first I'm going to see if you know any of the other members have any issues when we discuss anything on this. No, such as the review account, I think, at maybe a thousand or something like that.$1,023. Okay, so roughly$1,000. Um, so what we do is ask for more money in the review account. Um should Keith deal directly with uh Brad and Peterson GPI?
SPEAKER_01:I don't think there's as many issues on the roadway as you described. I think there's a section of roadway, not the whole roadway, that we identified when we were out there. Um I think it would be beneficial to you before you ask for another total review that's going to cost thousands of dollars, is to go up there with Norman and uh have him identify what part of the road. I'm not sure if it's the whole road. I know there's a section of road on one side that they had concerns about way back when we did our walkthrough. Uh, you talked about doing the whole road. I'm not sure if Norman's changed his mind, but I don't think it's the whole road. So it may not be as um as bad as you think it is. So before you ask for another review with another engineering company, that's going to cost probably more than what you're going to deposit when you're talking about depositing, is to have it sit down with him and find out exactly what part of the road he's concerned with. Other than that, if you're trying to get to Springtown meeting for acceptance, like Chris said before, basically most of the work is your easement work. You already get preliminary as bill plans, so you can update that pretty quickly. It's all your legal easement work, and if you're going to put an HOA together before acceptance, you want to get all that done while you're waiting for the weather to break so that you can do whatever repairs have to be done on the road. I don't think it's as bad as you depicted it in talking. I think you do need another walkthrough with the new superintendent to identify the parts of the road that he's constructed.
SPEAKER_05:Thank you very much. I really appreciate that. Um, I guess I was just worst-case scenario. So I had a great conversation with you. I had a full half an hour, 45-minute conversation with you back before the holidays. And I at that time I said I'm gonna submit as bills. And I said to him, you know, you review the old bills, I'll review the old bills, and we'll talk afterwards. We've not had the second conversation. And I only received that letter from him literally in the marketing line. Yeah, just before this.
SPEAKER_06:So on that, because uh clients were followed. The review engineer, I think, he only needs to review the ask both. And that's about it. He doesn't need to go out there and do all these inspections and sounds to them and norms to put them. So you gotta go through that. As far as the AHOA, that's probably not even on you because you walked in and bought one fraction of the development. Everything else was conveyed out. So if they didn't reserve it the way they were supposed to, you might just be stuck with these open space parcels and figure out what you want to do with it. Maybe the town will take them, maybe you just stop paying taxes, and they'll have to take them. But I think for you, you know, it's not on you to go to all these people that bought lots there before there that didn't reserve their 136th of the open space or anything. I don't think that's gonna happen. Because if all you need is one person that says no. And you said you just need one homeowner because I bet in that situation before where Walk just picked up pieces, he just said one person says no, and that's it. But so I'd address all this other stuff first, and like Bob said, your easements are important and your roadway conveyance. Right now, I think I would maybe entertain a motion to put what's it right.
SPEAKER_09:I think so. I'd like to see our engineer go out there because he's Norm's gonna ask the engineer to be out there to go over everything, and I think we should put money in the account for our engineer to go out there and look at everything. Because, Chris, there are some problems with the easements, and the man holds in the easements and the trainage.
SPEAKER_06:My next sentence was going to be entertaining a motion for$5,000 with the account. And right now, I think Bob's right, go deal with your town departments first and have them satisfied before he just sends the engineer out there. Right, get all this stuff addressed, then come time for his review. He'd do the as bill, which would be good aside review and all that. But for now, you know, we're just advising you one room working in.
SPEAKER_09:I know there's no as bills on the sewer, you know, because they never did them on the sewer lines going in the road because I think it was you that had somebody out there, and they wanted us to pull them animal covers and look at the sewer. And we're not gonna give easements like in this bicaries well. Like, you know, we need easements and the sewer and the holes and all on people's property, and that wasn't done on that on that section that you took over. It's part of partridge lane.
SPEAKER_06:On partridge, but it's it's part of Ross letter, yeah. So it's you're gonna have to it's all part of his letter of what you have to have in your ass bill. So I I start there with Norman and Rob. We're gonna need more money in the review account, probably put that once forward. Um so I entertain a motion to add$5,000, seem reasonable. So move second second, any discussion on adding$5,000. All in favor? So you can get that to Maureen as soon as possible. Um, to get your well, I mean it's up to you on when you go and get your ball rolling, but um so you get a better understanding of what to move forward. But I thought I should address these two letters to start. If any other department had letters come in, because these just went out a short time ago. We got uh Norman's, I think, today, and Robb's was yesterday. So there may be more stuff coming in. Yeah, water. I know water. Yeah, there may be more stuff coming in if it comes in and forward it.
SPEAKER_05:Yeah, we will uh we'll address those. We'll legally look at what we say, what we can't convey, what we time to understand. Okay, thank you very much for trying to go up with it.
unknown:Okay. Um my project's actually next on the agenda, but I want to take care of a few other things first.
SPEAKER_06:Um invoices and bills. We took care of the old business, new business. We had a promise we are on appointing an associate planning board member. What happened is selectment the other night had it on the agenda. I was here another meeting update them taking forward this. I think we may have already voted on it, but um they were going to discuss it. They um didn't discuss it, they just forwarded it to us um to see what we thought of their policy, uh hoping that we'd have a vote on it, then we forward, you know, assuming we did, we forwarded it back to them. They also have a vote on it that way since it's a joint appointment with two boards. Um have this letter of record. What had Maureen prepared is a letter similar to the selectman's outline policy, and it had an adopted day and a signature block for each one of us. Um but I believe this was the exact one, I think it was written Pat Riley, who's primarily the author. Um so Eddie, if you don't remember, we won't take a minute or so to read it. And after that, I'll put up the that was a motion to approve a second discussion. Um the associate member of the planning board shall be appointed in the following manner. When a vacancy occurs, and the position of associate member of the planning board will notify the select board within a 14-day period. Both boards will then advertise the position on the council website and through any other methods deemed appropriate, and accept letters of interest and resumes for a period of no less than two weeks. After both boards have had sufficient time to review the letters of interest slash resumes, interview applicants at each board's discretion and give due consideration to the candidates. At that joint meeting, the candidates will be discussed and a joint vote or joint ballot will be conducted. A majority of the voting members in attendance at the joint meeting will be determined by a joint vote of the associate member of the planning board of server with a two-year position in accordance with the town of Bringham's own bylaws. I think that's just a lot of people.
SPEAKER_03:Because right, right, Matt jumps right in. So that takes care of that. And that's that's why the main thing primarily wouldn't be the associate member.
SPEAKER_06:So this is specific to the associate member position. Brian, anything? No, I'm fine with it. Okay, uh motion on the floor has been seconded. Any discussion of public hearing none, all in favor? Okay, um, you just want one sign at some point. Okay. Uh project review account closing and the transfer of funds from Dallas State order account to go run. So it's gonna go from the old Bella Estates. So we have to vote on that. So I didn't pay the motion to transfer funds for Bella Estate's condos account and build on that account.
SPEAKER_10:Do you want me to recuse myself? I wouldn't know. Can I vote on that?
SPEAKER_06:Just recuse yourself.
SPEAKER_09:I just have one question. The condos over there, he's taking the money from there and putting it towards the accountants that he goes over on Delrun.
SPEAKER_06:Okay, anything? I think I I don't have any correspondence uh circuit update, anything.
SPEAKER_03:No, I actually missed last month's meeting, um, but I don't believe I have one next week, so I'll probably have more to talk about next time.
SPEAKER_06:Okay, well on that, I apologize. I forgot to put at the beginning of the meeting on behalf of the board to express our condolences. Okay, planning coordinator update.
SPEAKER_01:We had our pre-submission department head meeting uh on when yesterday before. uh chick-of-fill, chick-filling 600 South Street West the old party. I'm sorry, I say that all the time. They're gonna take down the existing Party City building, 12,000 square foot building, and reconstruct a 6,200 square foot building with two drive-throughs for Chick-fil-A. And uh they're they're very aggressive, so you're probably gonna see this in front of you at the very latest end of well probably the beginning of March if they want to get it going on this quickly. So their plan is pretty um pretty complete it's an existing site with existing infrastructure they're making the footprint small what's there so you can post it on when that gets right um after plan with the overlay for 138 um that's still pending however we've exhausted all our surcad money uh so I'm working with um Mr Bonds to try to find some funds to reactivate the survey so they can finalize that document so that you can approve it so we can have a final public hearing and then eventually take some time may not happen until the fall the way things move but um that's something that's work. And then lastly um ADU bylaw direction we can we can bring this forward in the springtime meeting if you like into the bylaw what I did what I shared with you is basically the bylaw that we had put together minus what the AG did not approve. So basically it's a nothing new it's only what what was left over after the AG beat up on it. The state's very liberal there's not too many there's not too many guidelines you can put in a bylaw and there's not too many restrictions that they're gonna allow so I think just in order to have a bylaw an AU bylaw if we just take what we have in place and what we put together minus what we're not approved and move that forward as a bylaw leave it up to you to tell me what to say.
SPEAKER_10:So right now we have nothing in place an AU bylaw we need to revisit it delete deletable for a next meeting discussion plans to be signed we can sign later um the next one is a public hearing for my own project I'm gonna step off actually be my own age and I'll explain one to you the Rainham Planning Board will hold a public hearing on Thursday January 15 2026 at 605 p.m at Rainham Veterans Memorial Town on application for approval of a definitive plan for the creation of two lots of 20 Gallagher plays map twelve article two fourteen dash four a rain and as shown on planning title definitive subdivision definitive subdivision plan 20 Gallagher plays map twelve dash two fourteen dash four a ring dated November 11 2025 the plan and application submitted by Christopher Gallagher a copy of the plan and application may be viewed in full at Rainham Planning board office or Ringham Town College office 558 Ringham usual scheduled business hours or interesting business matters.
SPEAKER_06:Excuse me don't we do a swearing in of anyone who's going to speak on the topic we do on the zoning board if you don't do that total planning I get up to speak you don't I don't have to be sworn in to tell the truth the whole truth nothing but the truth that's only in zoning okay thank you sorry for the interruption Chris basically um I had previously went to zoning i i well i'm gonna first say I can act as my own agent tell you why um I had previously gone to zoning I approached the uh ethics to see if I could in front of the zoning and they said I could because the land was in my age land and then I was reading uh doing the ethics exam that we all have to do as elected or appointed officials any town official has to do it and one of the questions was you're on the planning board you have a piece of land that you know that's going in front of the planning board can you be your own agent and I answered it wrong because the answer was yes so when this came up I googled the law and checked it all out and then I approached the ethics commission I also approached their attorneys and according to Mass General Law 268A section 17 you can act as your own agent on your own land in front of your own board or any other board in town and found it interesting through a lot of discussions if I had this land in a trust even if I was the trustee I couldn't act on it and only act on it in my name. If this was one of my children's land or brother's land I couldn't act on it. The same applies if you're the applicant or the abutter so if you're you know an abutter you can act on if it's like it's saying Pam's case with a thousand state highway if something comes in front of the board Pim would have to step off the board but it doesn't take away her rights to her land she could sit and act as an agent as the abutter to that land because it's in her name. Even if it was in her and Marx and whatever her name's something she can act. If it was a relative a son a daughter a brother a sister as an abutter you couldn't get off and participate only if it's yours. And the same with the board you can't act with a family member especially if there's any kind of financial interest you can only act if it's your own either a button or be in the project and it has to be in your name it can't be in any kind of real estate trust even if you're the guy that's the trust it can't be in a trust because you can't represent the trust which I thought was a little different but um it's in my name therefore I'm allowed to represent and that was how the um you know the the law works and I was surprised I didn't I thought it was you know so I could go in front of conservation I could go in front of zoning I didn't realize you could actually go in front of your own board and so I checked that all out ahead of time um I googled it read it and the way I interpreted the law was one way I checked with an investigator from the ethics commission that I dealt with before I also checked with their attorneys of record and I think it was Laura Heard two months ago I got like a conversation with her. So to show you what I'm doing this came in front of the board 35 years ago Burke was actually the only one that was on at that point and I came in and I did a definitive subdivision plan. I created two lots I was allowed to build the house on the one lot with gravel driveway 12 foot they said if you want it built on the other one you'd have to probably upgrade at some point so built the house many years went by uh seven or eight years 2018 I came back and got permission to build this house fighting the driveway to 18 feet so the driveway's been there for the better part of you know 30 to 35 years I ended up going to the zoning first I think it came it came from the planning board and said like to put a lot line between the bond and the house lot you know for finance reasons and mortgage reasons and Matt I believe was chairman at the time and said well we're not acting on anything until you go to the zoning board. If you do we'd like you to come back and file it as a definitive so we can condition the pavement of the driveways typically on three lots which there's one like right down the street cornerstone there's Vermont there's been several exactly like this that are three lots and you come in with 18 feet that you branch off to the driveways. So the planning board requested that I come back you know if I'm successful with the zoning and file it as definitive to ensure that the driveway not only are paved but get paved at my expense the applicant's expense. So I went to the zoning board shortly after that because I think this went from the planning board a little over a year ago went back to the zoning board they granted it so basically it's the same exact plan that was proposed with the house and with the bond and just putting the lock line in between so the only change in the original plan is adding this lock line. So the zoning board I didn't explain to them that went to the planning board and they wanted to file as definitives the zoning board put a condition that I'd have to go back to the planning board through definitive plan process which I in effect kind of urged to ensure that this was a condition that would hold and it would be on the applicant to pay the full price to pave it so it wouldn't be on anyone else on Gallible place. So I'm basically here just to do what was requested with the plan with that added lot line. So this in effect is in effect typically if you did this went to the zoning you'd come back with a form A plan this way I'm coming back to definitive position two and that's what the uh um the zoning board requested so both boards requested I do it this way and so therefore I'm doing it this way um so I did have um waiver letters I put in one was instead of going by all the rules and regs of a definitive plan because we don't have you know the wide roadway the drainage the traffic study all that other stuff that we just waive the regulations of definitive plan section 7 and have it down to an approval NR required plan section 40 I don't know if I even that went on that other package then I had another one to wave the file and feed from the definitive plan and the review and all that just to be that of a formate plan. So those are the two things I had and basically the board besides Pam the board's already saw this plan um and again it's been in place for you know 30 years in a road I have copies I don't see you guys have copies in front of you small we have small copies these are a little bigger open up which one do you want that you'll get a waiver waiver is expensive right to wave yeah the other one does that's good we've got that probably so important because we got the one we just are thinking yeah that was like the definitive plan we want you to do like road profile cross sections all this stuff that's uh you can just name for this but basically this plan was approved with an gravel driveway with this house that was all built um which house with the proposed house I never built the house but I improved the road to build it um so this is all approved just as it sits and that was approved seven eight years ago all I'm doing is adding the lot line to bring it to three lots I have to you know what we've typically done to other people is have them pay it if you go up to three lots we but cornerstone right off king if you're coming down White Street the name of this Ramani's oldly there's a lot of precedents for a picture so there's been several of these done exactly the same way but if you go you know with two lots we've allowed the gravel drive if you've gone up to three we've required payment this was presented to the board a year or so ago they said if you're gonna do it we're gonna require payment and we prefer that we come in as a definitive plan because we were doing form A plans you know like uh down that one down by Sandy Hill those were done through form A plans and it's better to do it with a definitive so you have conditions of approval that are recorded you're not doing it with an AR because they would become a problem it's still gonna remain private right yeah and typically these three law ones we made them all remain private who takes care of the road what right now what's in place is a roadway maintenance agreement when this my original house was conveyed out I retained ownership of the road and gave a right to pass and repass and Ed Brennan said it was a much cleaner way to do it than doing like a homeowner's thing where you all own the road and it was later quartered so we did a roadway maintenance agreement. What I've been proposing here is basically do the same thing it's just it's just in effect the same thing as a homeowner's but it as you share it cost is the same thing but the cost put it down to a third a third third instead of and that would be reflected in the certificate of action and I actually prepared language for where you'd um you put it in the certificate of action so I put like the lot owners shall equally be responsible for the cost of the future roadway instead of 50% in accordance with condition number three of the existing roadway maintenance agreement recorded in North Bristol County land clause land court document 110317 it shall be 33% of the cost per lot owner and above condition shall be included in the certificate of action and the CO certificate of action shall be recorded here with for the certificate of action reflected back down to a third that was the proposed condition I just read has the show decision then recorded with the land code that's yes it's uh street forward and planning board as well it sounds like the public record that there is yes section seven number seven on the plan shows the recording information it's public record yeah okay so the land court and anybody looking at public records will see that there are conditions from the zoning exactly okay you can see just so it's out of the record this was the main that's agreement with number three said 5050 that would change to one third one third specifically excludes any fee ownership and that also refers to it with that's not a piece of on a piece of land individual by myself Yeah, one third, one third, but you got one third, one third. I get two thirds. Two thirds. If there was a conveyance in the future, then you have to have to do a separate agreement with that person to honor the first agreement.
SPEAKER_09:But right now I'd be two-thirds. Two-thirds that have the owner of the house.
SPEAKER_10:Why now? You've been this way for like 30 years, you said what's the can I ask the reason for this now?
SPEAKER_06:Um the road where it was built that long ago, to put the lot line in between creating a third lot and typically with three lots would require payment. And when I when this was brought, actually Bob brought it in front of the board a year or so ago, that was when the board said, if you're gonna go that route, go to the zoning, but you're gonna come back with a definitive and you're gonna have to pay the drive the driveway.
SPEAKER_10:My biggest issue is with it are drainage. I was talking to somebody uh in Queens, kind of right behind it. It seems as if the existing house looked at the uh the property before it came. The existing house is at the high point. And all the water kind of sheds down into locust and into queens. What's being done to mitigate any of that? None of that drinking drink situation because if Latu, as you have it here, sells and clear it, there's gonna be a hole.
SPEAKER_06:Yeah, I think I should talk to that um safe person, uh, something down in between. There's a massive buffer of trees in between, and they seem to be satisfied after I talk with them. Driveway itself, it's not gonna change any of the drainage because it's hard-packed processed gravel that's been there 30 years ago, and everything runs off and it doesn't sit down in the driveway. So it's really not going to change any drainage pattern for this. The individual lots are different stories, they go to individual building permits and individual plot plants.
SPEAKER_10:I just bring it up because granted, I believe, had a big issue with run-off from existing housing for the building.
SPEAKER_06:It all runs kind of from this point here. The water towers back here, that's the highest point in Rainham, actually. Um the roof to the house was the highest point until they started put sewer on locusts and put the other houses. But it sheds at kind of an angle, just like this, the whole way right to King Street. And anything here gets to King Street before it gets to anybody on Queen. And then if you have a drive off King, you'll see why it comes up so high. It's the highest point, but it all sheds out that way and then dissipates down to K.
SPEAKER_08:Okay, so we're going to cave what it's hard down now. Yeah. So that all absorbs at 18.
SPEAKER_06:It'll be 18 up until the island, and then it'll be about 12 plus around the island. So it'll be 18 up to the island, and this branches off to the house. Just before the island will branch off to the newer lot, and the other will branch off towards one.
SPEAKER_08:Okay, no drain.
SPEAKER_06:No. Nothing along the sides. No. I mean, I'm probably gonna redo the side with grass. I think uh I think you're right. I think yes, it's glue down this time instead of that graphic line stuff that put down before. But uh it's not gonna change any drainage pattern because it's not gonna increase any surface area. Um so it basically will remain the same as what it is now.
SPEAKER_10:Is lot two wooded right now? Uh is lot two all trees right now or is that cut? It's all trees, yeah. If that does get cut, that will increase the runoff as we saw the plant that's traveled right. There was no no drainage issues. We can do anything other than cut all the trees down and then all there's nothing huge train tables.
SPEAKER_06:But I mean the front yard is most likely gonna pitch towards Gallagher Place with the rear goal the other way because the water table is really high out there, so you're gonna be building up most likely. You're gonna build up your front yard and do something similar to what's out there, like a walkout basement type of deal. Is this on town water? Well, it's town water, town sewer, underground electric, adequate sewer and water, yeah. So a six-inch uh sewer main that runs up there that can handle hundreds of several hundred houses on the six-inch. Typically in the main roads in Ringham are eight inch. So there's a six-inch running up. Um there's a two-inch water, which is enough.
SPEAKER_08:And that's in the driveway.
SPEAKER_06:They're all in the right-of-way, uh, they're all coming up in the right away. There's an easement here because that sewered water goes up the driveway over to that lot. But that's the existing easement. But everything for lot two would come out of the right-of-way. Uh, off the existing, they'd have to run a new electric. They'd have to do a new electric trench with another meter. Right now, there's two electric meters here, one for each. Um, but they'd have to do it with their electric meter.
SPEAKER_08:Board members have any more questions right now? Uh right now.
SPEAKER_03:It might just be a matter of helping me understand. Um reading the decision from the Board of Appeals um authorizing the subdivision uh the final. What I'm reading is the petitioner shall approach the rating planning board and follow the full subdivision hearing process. So, what my concern is, I'm referencing the waiver, uh, I would like to request a waiver from the reading and subdivision rules and regulations from the requirements of a definitive plan. I'm concerned if we author, if we authorize this waiver, it's in direct contradiction of a condition that was put in place, why the variance was given. So I need to understand why us issuing this waiver, if we choose to do so, is not in direct contradiction with the written decision from the Zoning Board of Appeals that authorized this to happen based on this. So they're authorizing this to happen based on this, and then we say, okay, but you don't have to do it.
SPEAKER_06:I don't, I need to know why that's a what we're doing now is the full definitive process. What the waiver is, is in effect the design standards for a definitive plan. So the design standards apply to like a whole neighborhood, um which road profiles, um, all these different things that don't apply to have the six point, like that stuff yes, all that.
SPEAKER_03:Yeah, so it just what section are you asking to like what's involved in the section you're asking for section 7.0? What in in layman's terms, like what you're doing?
SPEAKER_06:Section oh, it basically is the design standards for what would be a full-blown neighborhood down to the design standards for what we're actually presenting, which is a lot. Well, it's got nothing to do with the definitive process. The definitive process is a filing process, which we're we're doing. Right, right. And so the idea was to file it that way because an approval not required plan is typically what you do when you just change a lot line. Correct. But an approval not required means you sign it and there's no conditions. Okay. This way we find it, do it as a definitive would be advertising and everything else. We're going to end up with an approval as a certificate of action with conditions where an A and I wouldn't have conditions. And this way, the conditions, the main reason was so that one, it would be paid because it's free law, and two, I'd be paying for the pavement. And I wouldn't put it on because basically the way the agreement is written when I conveyed the house is any improvements we split. And it was like in my purview, so I could actually go in and pave it and say, okay, we're on the hook of that, but this way it's on me. And that was the whole reason, and that was really set up when it was first presented to the planning board before I went to zone.
SPEAKER_08:I don't think I've seen that within the subdivision where there hasn't been waivers.
SPEAKER_03:No, I agree. I I I I agree with the ones that I have, they do always have waivers, but I where I'm unfamiliar with this particular section of the waiver, I just want to make sure that I I don't want to say this in in I don't want anybody who's watching this meeting or who might come back and look at it later and say, well, that's great that he got a certificate of a decision from the Board of Appeals, but then the Planning Board just went and undid the condition which granted it to him in the first place. So if this is just a portion of the requirement, then that makes me understand better why we would do it. I wanted to make sure that I knew that what you're requesting for isn't like everything that they told me you had to do because I'm not familiar with this particular section. So it's more for me to understand exactly what portion of voting on and to know that I'm not undoing something that the board of appeals had had done. So that means that's a little clear for me. But the other thing that I had a question on is it says here that the planning board shall create a homeowners association as a condition of this decision from the zoning board of appeals. How do we do that?
SPEAKER_06:Well, when we discussed the CBA, it was basically a homeowners or maintenance agreement, which I already had, but it was to make it equally among the lots, and that's what I was not proposing in the certificate of action. Um they had it or it probably should have said or maintenance agreement, but that's what it is. Right. I don't yeah, the board association was the homeowners. You can only do a homeowners when um all homeowners own the land together.
unknown:Right. That's how you can have it, and all homeowners don't.
SPEAKER_06:I own the road exclusively, and when I granted the lot, I granted rights to pass and repass over the road from K Street to um to um if I gave you a copy of that word, right? But I I gave the rights to pass over the road to our ownership.
unknown:Yeah.
SPEAKER_06:So that's why, like an open space with McLaughlin was talking earlier. They all own it together. So they're allowed to travel on it. So that's what by definition is. I just wanted clarification on it.
SPEAKER_03:Yeah, but how are we going to comply with what the Board of Appeals is asking for, which is you know, the rate road maintenance association, if you know, are we at liberty to interchange their language of road maintenance association with road maintenance agreements? Yeah, because I don't think they're the same things. But who's gonna have an I mean you're gonna have an association meeting with one and two? I don't know that that's part like so. I that's why I'm just looking for some guidance here on what that really means.
SPEAKER_06:I mean, for one thing, I mean it's it's tough to put in a decision that my decision is telling another board what they have to do or not do, which to me I think I find that faulty, but I'm not gonna argue with it. But when we were discussing it, I think that might have been typed wrong because I explained it was a maintenance agreement. So I think the word association got typed twice, but I don't I don't know what a maintenance association is, but it's a maintenance, it's an agreement between parties, and the agreement's already been made between parties, and with the additional law, it was a cost idea, and this way now it's a third, a third, a third. With existing, it's 50-50, and that's a legal valid agreement that's in Lancourt.
SPEAKER_09:That's what the paperwork you just gave us. Yeah, it's what I thought.
SPEAKER_06:Oh, did you see it? Yeah, yeah, to do that in any other way and make it like a bird controller tell you to go through Lancourt and try to do a conveyance and convey it to three different parties. You'd be jerking around for a couple of years. Yeah, it just is not too far to move. And then Brandon set it up this way because that has a lot of experience and this type of thing. Um, you end up with the same thing. Homeowns association, you create an account that you all gotta agree to spend a nickel out of it, you know. Uh this way here, you just uh you know you have recourse if you want to hit where you just get along and talk and say this is what this costs or that costs, you gotta call the chill.
SPEAKER_01:I think I think it's pretty open-ended where you have either a homeowner's association or a road maintenance association. So if you do decide to move forward with an approval, you would make a condition uh that he would have an association in place just for road maintenance, and each individual lot would take on responsibility. If there was someone who didn't want to be responsible because there's an existing lot there, then it would fall on the hands of the last two lot homes and he would have to give 50-50. But if he has an agreement with the other owner, then that you know that drops it to a third or third of a third. So I think the way it's written, it's up to this board here to condition it properly, and the conditions will satisfy the conditions of the other variants. I wrote a proposed that maybe it's about maintenance treatment is what it is.
SPEAKER_06:Yeah.
unknown:Well, we have the uh audience. Oh, we're crispy quiet.
SPEAKER_06:So you're on you guys, nothing else.
SPEAKER_02:Um Mike Tech Center 35 Gallagher Place. I am inviting a lot. Uh just a couple of questions that I had first off. When would, as I was at the zoning board PLS meeting, um, I I don't know when I was there, it was stipulated upon uh formation of HOA. I have never seen that document that you guys have right now. It's it's pretty much just I don't even know if it's any handshake agreement or anything like that. I've occurred a lot of the cost there for piling and stuff like that as of right now. Um so when would that have to be set up and put in place? Because obviously he's looking for approval, but I've never seen that there's no appropriate in place right now, and that seems to me if that's a stipulation for getting this approved, that should already be in place. But I don't know, I'm asking. What was a question again? So when would the pro when would the HOA have to be established already approval? I could probably explain that people.
SPEAKER_01:Um we haven't drafted all the conditions, so that's you know, you want to address it and the board can then digest it?
SPEAKER_10:The chair would be something that would address it. That's agreement for the 5050 road maintenance. No site.
SPEAKER_02:This was all done and we looked like that. Okay, all right, there's it's not a good thing. And there is no yeah, okay. All right. So then I guess my my question becomes then it was regulated in the zoning board of appeals, that it wasn't formation of a major way that had happened, right? Is that is that was that's what they did.
SPEAKER_03:I'm not gonna make the decision and if yeah, the decision of the board of appeals. Uh the board grants the variance on the following position. Uh, number three, the planning board shall create a homeowners association or vote maintenance association. Okay.
SPEAKER_10:I think we're a maintenance association better. Yeah, you have a little overreaching. Yeah, okay. That's fine.
SPEAKER_06:I what works for you. Um what happens is if they the way the approval process works is if it gets approved, it gets approved subject to conditions. The conditions get typed up. It's a document that has to get recorded into the registry of deeds along with this plan. I have to go back and make a plan suitable for recording, which is like a plastic material mylock. After the conditions get written, the conditions and the plan get recorded, so it's a recorded document. From that point on, it's a third, a third, third. So from that point that it gets recorded. It doesn't wait till the building permits done or anything like that. It's the minute that gets recorded, so it'd be like a month from now. I mean, I'd agree to go with there as of an IQ5, but it that's when it legally goes in.
SPEAKER_02:Yeah, obviously, I again I'll say, like I said, the the other board meeting there. I I'm not opposed to having it there. Obviously, I just don't want to be held accountable for any maintenance that goes towards the road of having something in place that if the road thing shares the cost of that as a long road, it costs a lot to plow. It's you know, that's something that I that's what my concern would be having to put more money into this.
SPEAKER_09:Chris being responsible for road you are a third after it's all done or recorded. Um right.
SPEAKER_06:I'd be fine if they didn't affect it. Well that's up to you still. Yeah, I'd be fine. Well I'd like to I'd go on record if that'd be affected immediately. The pavement?
SPEAKER_09:No third, a third maintenance. You know, the maintenance for the road. Yeah.
SPEAKER_07:So we do the effective cycle for the third. So it works then. At some point I'd like to speak also if I make it sound confused. My son, by the way. I'm John Texaro. I don't live at 35 Gallica Place. I'm his father. I'm confused because I sat at the zoning board computer. As a matter of fact, I couldn't sit that night, but I am at the zoning board of computer. So there were stipulations where he'd have to pay for the paving of the road, okay? And that he would, in fact, have to establish a homeowner's association at his expense. That's what I understood at that meeting. I don't know, I don't have the document you're reading there. Obviously, that sent out to the members who were on the board that night. It's available for anybody to read, but I haven't seen it up to this point. But in terms of the maintenance of the road, the agreement was he paid for the road. In terms of the maintenance of the road, that would fall under the homeowners association. Just like anything else on any homeowners association. For example, on condos, the homeowners association is responsible if they have to put a new route. Everybody pays for the new route. Am I correct? I mean, homeowners association says maintenance of the road would go to all three property owners on there, right? Because it now becomes a subdivision when there's three properties on there. That's what we're talking about. Well, but but we're talking about him being responsible for the total maintenance of the road. I don't understand that. Right now, Michael said that he he plows the road.
SPEAKER_01:Michael does, yeah. Yeah. Well, so right now, Mr. Gallagher says he's gonna jump and he's gonna help pay for it right now. He's still gonna pave the road. He's still gonna have a maintenance unit.
SPEAKER_07:And the other thing, Chris, you're gonna correct me on this or explain this to me. You said that you maintain ownership of the driveway and you've given him an easement to use it. I was I'm pretty sure that the deed said that it was a 50-50. No, what the deed said Burke has it right there.
SPEAKER_06:What does the deed say it's the deed driveway? I can summarize the deed gives him right to pass when he passes, as I said, and Brandon office. And the maintenance agreement is a separate dog. So the maintenance agreement, in fact, is a homeless association. It's the same thing. But that's how Ed said was the easier way to go about it, and clear away has the same effect. From this day forward, instead of 50-50, it's going to be a third, a third, a third, where I'm basically two-thirds.
SPEAKER_07:Well, see that contradiction. You just said that it was all US and UKMP spending. No, there's ownership and there's a maintenance agreement.
SPEAKER_08:But specifically excluding from this conveyances any fee interest in the elder place as shown in the same point.
SPEAKER_07:So it's got a change from an easement to ownership? It always has been ownership. I've always shown it. That's what I thought it was. It was ownership of both of you own it. It's both of us to use it. Who owns the driveway? Chris Gallagher. What happens when it now becomes a subdivision? It's been a subdivision for 35 years. No, okay. But when we have the three properties, who owns it when there's three properties and three properties. You still own it and everybody has an easement on it, but everybody has to pay for the maintenance of it, even though you own it. Yeah. Doesn't sound like the cleanest way to do it. Contrary to what uh Anthony have said, that doesn't sound like the cleanest way. But anyway, okay, thank you.
SPEAKER_08:Anybody on the board?
SPEAKER_03:I'm gonna go back to the maintenance agreement association. We can condition for it, which we will. Is it advisable for the review?
SPEAKER_08:Um board is already saying that the actual agreement was a very good idea.
SPEAKER_06:Do you know what I'm saying? It's an agreement in place. Right. The agreement says it's fifty-fifty. Right. What I'm doing, and you can do this through your um through your certificate of action, but from here on in it's no longer 50-50. It's this agreement. This is a legal agreement in length. So now that agreement's still valid, except number three in that agreement. Yeah. Condition number three. Yeah. Now becomes this. Okay. So this is the this is going to answer the question that I just asked.
SPEAKER_03:So this is what I was looking for. Like, like it's great to say we're going to put an agreement in place, but if we don't have the language of the agreement, it kind of makes us a little bit vulnerable for either misunderstandings or um, I think it's cleaner to see it now, and then that, okay, this is the condition, not a blanket condition that we've got to do.
SPEAKER_06:That condition cross-references that document that's in the registry. So that someone could pick that up and say, okay, I go look at this. Okay, they'd say, okay, this is cross-referenced.
SPEAKER_03:Has everybody seen it or has the other I don't know.
SPEAKER_06:That's all it does is take that condition where it's 50-50 and makes it go to 30-30.
SPEAKER_03:I didn't know you had that. I didn't see how to watch that.
SPEAKER_07:Yeah, no, I should have made copies. I would like a copy of that.
SPEAKER_06:Did I have more than one copy of this? Or see if that's no, I think you can make a copy of it.
SPEAKER_07:I had more I should read them all. Thank you.
SPEAKER_08:We would need to have a proposed on proposed conditions. Cost of payment is going to be the output. Driveway payments be completely private in addition to the certificate of I certified too. And why are you showing the response with the pastor of the class of future driveway? Instead of correctly. That's one of the things about subdivision instead of uh we can have uh conditions and transitions. Oh no, we don't ask a question.
SPEAKER_10:Is there any trans issues on that road that you see when you live there?
SPEAKER_02:No, I haven't, it does flow right down into King Street there pretty well, so I've I haven't experienced it since I've been there.
SPEAKER_11:Mailboxes? We have a lot of issues with centralized mailboxes in town.
SPEAKER_02:They have them all from the It's on the opposite side of the road.
SPEAKER_06:I couldn't get through to any people in the post office to even have them on our side of the street. Because they drop off the mail and they turn around and go right by the driveway. But they wouldn't let us put them on that side, so they run across the driveway.
SPEAKER_11:So there's no reason to do a gravel shoulder on either side of the road. I actually have one right now. I'm just saying after it's paved, it's gonna be an impervious surface. So I mean you're gonna have watershed that typically wasn't there existing.
SPEAKER_07:Just as a point? Yeah. The first portion of that driveway is paved. Is it 50 feet? Yeah. I think 20 feet. The first 20 feet of the driveway is paved right now.
SPEAKER_11:I'm just thinking if if you had a gravel shoulder, if it peaks in the center of the road and it runs off to the sides, it might be a little bit more.
SPEAKER_07:So I'm talking about putting it on the people across the street's property.
SPEAKER_11:No, I mean just on the side. I mean, you have the it you have this side here. So like I live on a private road, three lot, and they have a gravel shoulder on either side. Of the road. You know, because this is 250 feet. So it's it's sizable enough where if you put a gravel shoulder on either side, any runoff that exists on the roadway would have somewhere to you know kind of trickle off into the soil.
SPEAKER_07:So you're concerned with the runoff.
SPEAKER_11:No, no, no. I was just he was speaking about as they were speaking about in the discussion or container.
SPEAKER_07:Oh that's that's that's a valid point. That's a good idea.
SPEAKER_11:I just go if you go to the cul-de-sac where you do the roundabout, if you stop right at the top where it goes to the the circle and you do you know, gravel on either side, I'm just thinking.
SPEAKER_06:Yeah, I'm not opposed to that. I mean, I thought what I probably do was reloam and see that when I first had that, the loam and seed, it was beautiful when I first did it. Um, but the loam I used, um, you know, you get what you pay for it. Who would know that? And it was all through the piney area, so it the loam never didn't last. But I mean, my friends were probably dressing it up along the whole side. But I see what you're saying, like a couple of a foot or two of the yeah, a foot, a foot and a half, like a foot and a half or two.
SPEAKER_11:I mean, I I experience it in my street, and it's a private road, and when it rains hard, I mean it runs like a river on either side of the road. And it gives it somewhere to like shed, and it bypasses the driveways and shoots right down. And especially if you look at the topography of the site, it pitches straight to King Street.
SPEAKER_06:Yeah, I'm gonna when I prepare for the driveway, I'm gonna prepare it wider anyway. So you're gonna prepare wider gravel. You know, you're gonna prepare wider and you pave it.
SPEAKER_11:It would just yeah, it would look nice and catch anything.
SPEAKER_03:I have a a question that probably should ask earlier. Who so I know that Mr. Texau said he plows it now, so what if he sells his truck and doesn't have a plow? Who's responsible for plowing that?
SPEAKER_06:We hire people. I mean, we actually had Brian plowed before. Okay.
SPEAKER_03:And would that expense be considered something that's like a shared maintenance? Okay.
SPEAKER_06:Yeah, there's other things.
SPEAKER_09:I mean, yeah. He pays a third, he pays two-thirds right now when we're free and proved. Yeah. Okay.
SPEAKER_10:I think a condition of approval should be proposed.
SPEAKER_02:Yeah, right. One more thing. So just if I could show a lot here, like there is a there is an island there. Things like this, this is why I'm over a road maintenance. I don't know that terminology there. Who maintains cutting the law in there maintaining that area as well? Because there is shared area that's not just a road. How does that how does that work with an agreement like that? It's all powerful.
SPEAKER_09:It's a third, third, third.
SPEAKER_03:So who's gonna spearhead it though? Like who's gonna organize it? That's what I mean. Like it's it's easy to say. Yeah, yeah, yeah.
SPEAKER_00:Like I think the theory is good, and it's we'll have to talk more to be.
SPEAKER_03:But it but I think there's there's a gap there. Like it's I think in theory, it's good that you have you're paying one third, you're paying one third, and one third. But what if you say, well, I thought he was gonna do it and I thought he was gonna do it? Or you say, hey, I'm gonna have my next door neighbor do it, and you're like, the next door neighbor does a terrible job, I'm not paying for that.
SPEAKER_06:So I think this potential You have a legal legal document to go back on. I mean, if it becomes an issue, you have a legal document that's reported that says this is a deal. Like I do all the weed killing. I mean, it's not a closing one for the weed killer, I weed killers four times. Different things we do together, and we'll have to figure that out. Is that the hard one?
SPEAKER_09:Yeah, right now it's all grass. Yeah.
SPEAKER_06:Well, some divisions that are most likely we're gonna tear that up and redo it anyway.
SPEAKER_09:Yeah, but they know we try it. Some do have the islands with the grass and all that. The neighbors actually cut because down at Riverwell. There's two neighbors that cut the town. He cuts a town. He cuts it right now. Yeah, so third, third, third.
SPEAKER_03:So I think the agreement in place right now just clearly addresses who pays for it, but I don't think it addresses any decision making or collaboration.
SPEAKER_02:Again, that's that's the kind of thing that worries me because there is something that's inside just the road, or how does that decision happen outside of HOA with this agreement just saying we share a third or cause or something?
SPEAKER_03:Which now my head is taken back and saying that maybe there is a reason why the Board of Appeals are not part of association. And because that wasn't right, there is an agreement in place, and he's a hundred percent right. Um, but the agreement only says who pays for it or who's responsible for a third. But if nobody's doing anything, then one-third is one third of nothing. Um, or like I said, what if it's to me there's a lot of uh gray there, and I don't know that it's in the purview of this board to say you need to be the chairman of the association and you need to have a bank account with the work on trust. But I am reading this and I am seeing the potential for um I I feel I'm just concerned that we're not complying with the Board of Appeals because I'm wondering, and I I shouldn't, but if their philosophy behind putting this condition in place is to avoid the type of situations that we're talking about now.
SPEAKER_02:And and that's why I'm that agreement.
SPEAKER_03:But if Chris sells, and like you and Chris work up this fabulous agreement right now, and everybody's happy with it, but then Chris sells, and you get two new people in there, and they and they're like, well, you know, not like you're you're the agreement is for the land, it's not with the homeowner. And my concern is that somewhere down the road the homeowner might change, and if there's nothing in place, then that's a these goals on the these agreements that with it isn't a science.
SPEAKER_06:In other words, no, but no that's future.
SPEAKER_03:Yeah, no, this it's it's it's it's on the deed, it is. But what's not on the deed is what's not on the deed, and what's not already agreed upon is the working relationship that you two have right now, which is why I'm wondering is the zoning board of appeals philosophy behind a road maintenance association and not an agreement, so that there are established guidelines to avoid that. I'm just trying to play devil's advocate and look out for what could possibly because you could sell the micro manage to apply the future.
SPEAKER_08:Every kind of association, every private road, every homeowners association. What happens in the future if you do get somebody who's disagreeable in presentation?
SPEAKER_03:But there's an agreement, there's a homeowners association, either bylaws for that home, it's usually bylaws for that homeowners association that will indicate every year we we elect a president or a treasurer or something like that, which I think is excessive for a three house subdivision, but I just I'm just concerned that that that might be a problem somewhere down the road. And I want to make sure that there isn't something that we could have done tonight to prevent that. It might be either curvy, but I just say that yeah, it it probably like I said, you could move and and your nice agreement that you have might not stand to you could move, yeah, and your nice agreement that you have might not stand. So I just question if we are expected to establish as a condition a more in depth association based on what the Board of Appeals says.
SPEAKER_06:In the twenty some odd years I've been here in the fully works, we've never micromanaged people's agreements or anything like that.
unknown:Okay I think it's
SPEAKER_06:putting on the condition that it goes a third and third and third to supersede the agreement that's there.
SPEAKER_03:I think it should be and the money's the big thing honestly like it that's probably the most I would say that's the most important thing though but and again I'm not doubting anybody's intentions I just need to be thorough but the money is the big thing so and that's if that's addressed and if that's in place then you know like like I said it's probably not purview but I just want to make sure that we were not expected to outlight outlay that as a condition.
SPEAKER_08:Mr Texar you have anything to add no okay okay then is everybody done yes we're finished um I had put in for a way of room for all the subdivision fees down with approval not require and specifically to what this would have come to I haven't given the check yet so I think you didn't I don't that's what I could do because in that I put I paid for it at night well if you hear what he's saying excuse me we can't hear what he's saying back here.
SPEAKER_06:Basically it's I asked for a waiver from the subdivision fees because typically you put up several thousand dollars for outside engineering review all that other stuff down to what a 4A AR plan is which typically a lot of these jobs have come in as as a 4M AR plan is how much good news 200 is that what it is Mowray yes 200 I burn up$200 worth of discussion I'd better shut my mouth and none of you just want to know you can't deposit this discussion it doesn't pay bills I would entertain a motion to waive the speech from what it would be for it to bring the subdivision down to$200.
SPEAKER_08:So moved second second any discussion all in favor now we uh entertain the motion that we approve a plan entitled Defending subdivision plan 20 Gallagher plays now 12 214A in Rainow Massachusetts prepared for Chris Gallagher Billbox 53 Rainham now dated November 11 2025 prepared by Gallagher engineering J Gallagher professional engineer subject to the conditions of approval that I read earlier total six conditions set forth by two sheets and we make it subject to the decision by the zoning board of appeals anything else do we have the gravel on the sides of the road as a condition and how do I want it second just um condition number seven graveled shoulder on the driveway all the way up to the culture to the cul de sac all right is that it's all um I entertain the motion that somebody's going to make that motion so moved second second any further discussion hearing none in favor aye aye aye and the apps on this side or on that side well no debate a vote do we get to vote back here we have to pull up a fine motion thank you for that motion adjourned anybody have anything else no I wanted to take a motion to adjourn it's all right