[Speaker 1] (6:10 - 6:10) Thank you. [Speaker 1] (6:11 - 6:22) Hi and welcome to our February meeting of the or yeah a regular February meeting of the Swampscott Zoning Board of Appeals. [Speaker 1] (6:22 - 6:25) We're going to put the we're actually going to move the [Speaker 1] (6:26 - 6:41) Item number, we do not have any minutes to approve, so we're gonna move item number three um because they've asked for a continuation. So I just need a motion motion to continue um petition twenty five eighteen, which is Eighty Puritan Road to our April twenty first meeting. [Speaker 2] (6:41 - 6:48) Make a motion to um continue twenty five eighteen to the April [Speaker 1] (6:48 - 6:49) April twenty first meeting. [Speaker 2] (6:49 - 6:49) twenty first meeting. [Speaker 3] (6:50 - 6:51) Second. [Speaker 1] (6:51 - 6:52) All in favour? [Speaker 2] (6:52 - 6:53) Aye. [Speaker 3] (6:53 - 6:53) Aye. [Speaker 1] (6:53 - 6:53) Aye. [Speaker 4] (6:53 - 6:53) Aye. [Speaker 2] (6:53 - 6:53) Oh. [Speaker 1] (6:54 - 6:56) We'll need to roll call. We'll need to roll call. [Speaker 1] (6:57 - 6:57) Let's see. [Speaker 1] (6:58 - 6:58) Tony? [Speaker 1] (7:04 - 7:05) Susan? [Speaker 5] (7:05 - 7:06) Here. [Speaker 1] (7:08 - 7:10) Or we're just saying aye just to continue. [Speaker 5] (7:10 - 7:10) Oh, hi. [Speaker 1] (7:10 - 7:12) Can you hear us? Can you guys hear us? [Speaker 5] (7:12 - 7:13) I can hear you fine. Yeah. [Speaker 1] (7:13 - 7:14) Okay, great. [Speaker 1] (7:14 - 7:16) So we're continuing petition 2518. [Speaker 1] (7:16 - 7:17) Mark? [Speaker 2] (7:18 - 7:18) Yes. [Speaker 1] (7:18 - 7:19) Michelle? [Speaker 6] (7:19 - 7:19) Yes. [Speaker 1] (7:19 - 7:20) Heather? [Speaker 1] (7:20 - 7:20) Yes. [Speaker 1] (7:21 - 7:24) And I didn't hear from Tony, but we don't really need Tony's to continue. I [Speaker 2] (7:24 - 7:24) At [Speaker 1] (7:24 - 7:25) think [Speaker 2] (7:25 - 7:25) four. [Speaker 1] (7:25 - 7:38) he was unmuted, yeah. I think we're all set there. Um alright, so now we're going to move on to petition twenty five fifteen, which is the B_B_H_ community development um for um the um veterans crossing. [Speaker 1] (7:39 - 7:47) And what we w what our plan to go over today is our draft decision along with the um [Speaker 1] (7:49 - 8:03) waivers. And I don't know, Paul if you have specific, since this I know this changed a lot just even in the past couple of days. So if there's specific things you wanna make sure that the board has noted, um we've definitely [Speaker 1] (8:05 - 8:11) each had an opportunity to go over them. Does everybody feel like they have been able to read the most recent version of [Speaker 7] (8:11 - 8:11) Yes. [Speaker 1] (8:11 - 8:12) this? [Speaker 2] (8:12 - 8:12) Mm-hmm. [Speaker 1] (8:12 - 8:14) I'm out of order on my pages right now. [Speaker 1] (8:14 - 8:14) I don't [Speaker 8] (8:14 - 8:15) know. [Speaker 1] (8:15 - 8:16) I do a little. [Speaker 1] (8:17 - 8:21) But is there if there's anything that we need [Speaker 1] (8:23 - 8:24) to take note of. [Speaker 1] (8:24 - 8:25) Sorry. [Speaker 1] (8:28 - 8:36) So I'll tell you a couple things that I think we should take note of but Paul do you want to do you have anything specific that change that's not highlighted on this draft. [Speaker 9] (8:39 - 8:40) For me, a track change, [Speaker 9] (8:40 - 8:42) the ones that I thought important [Speaker 9] (8:42 - 8:44) wants to discuss. [Speaker 1] (8:44 - 8:44) Okay. [Speaker 9] (8:45 - 8:46) So that's why they were left. [Speaker 9] (8:46 - 8:50) Everything else I think was pretty ministerial. [Speaker 9] (8:50 - 8:57) So on the latest version I accepted all of those changes and I don't think that there really needs to be any further discussion of them. [Speaker 1] (8:57 - 8:58) Okay. [Speaker 1] (8:58 - 9:05) So one thing that was left on there as crossed off was the under condition four on page 11, [Speaker 1] (9:05 - 9:06) it had [Speaker 1] (9:08 - 9:08) Sorry, [Speaker 1] (9:08 - 9:09) under conditions, [Speaker 1] (9:09 - 9:14) which is nu which is Roman numeral four, it had um [Speaker 1] (9:15 - 9:28) except and except for any additional local approvals required herein which are not otherwise waived and that that's removed. What is that something that was removed is it removed because it's unnecessary because [Speaker 9] (9:28 - 9:29) Yes. [Speaker 1] (9:29 - 9:29) it okay. [Speaker 9] (9:29 - 9:33) So I was the one that suggested removing that language. [Speaker 9] (9:34 - 9:35) Because again, [Speaker 9] (9:35 - 9:45) the comprehensive permit subsumes all other local approvals, so this comment is not really consistent with how Chapter 40B works, [Speaker 1] (9:45 - 9:45) Okay. [Speaker 9] (9:45 - 9:48) so I recommend it removing that. [Speaker 1] (9:50 - 9:52) And then we [Speaker 1] (9:56 - 9:59) have the, on page 19. [Speaker 1] (10:00 - 10:04) under prior to construction conditions, [Speaker 1] (10:04 - 10:06) C1A, [Speaker 1] (10:07 - 10:15) there's just another 30 days, and our plan was to move everything to 45 days because that's consistent with the land use agreement that the town has, [Speaker 1] (10:15 - 10:17) and so we just want to make that 45 days. [Speaker 1] (10:17 - 10:18) Is that? [Speaker 1] (10:19 - 10:20) So [Speaker 2] (10:20 - 10:20) Yeah, [Speaker 1] (10:20 - 10:20) that's. [Speaker 2] (10:20 - 10:22) so that's going to be in multiple places. [Speaker 2] (10:24 - 10:27) throughout the decision so I'll make all of those changes to 45 days [Speaker 1] (10:27 - 10:29) Okay. Yeah, it's just good to be consistent. [Speaker 2] (10:33 - 10:38) yeah there are marginal notes I think in three or four different spots that point that out [Speaker 1] (10:38 - 10:38) Okay. [Speaker 1] (10:38 - 10:40) And then my question, [Speaker 1] (10:40 - 10:42) and this was a question I had earlier, [Speaker 1] (10:42 - 10:46) was on page 20 under C1. [Speaker 1] (10:48 - 10:52) It's complete that section is deleted and I guess my question was why was that deleted? [Speaker 1] (10:54 - 10:55) Is this [Speaker 2] (10:55 - 10:55) I [Speaker 1] (10:55 - 10:55) information? [Speaker 2] (10:55 - 10:57) had the same question. [Speaker 1] (10:57 - 10:57) Okay [Speaker 2] (10:57 - 11:02) I think this is the provision that requires the submittal of final plans. [Speaker 2] (11:03 - 11:06) So I do think that this probably should remain. [Speaker 2] (11:07 - 11:19) I do think that there is some repetition because there is a provision further in the decision that talks about the submittal of the peer review fees and cap it at $10,000. [Speaker 2] (11:20 - 11:25) But I don't think that this conflicts with that, so I would recommend restoring this language. [Speaker 1] (11:25 - 11:26) Okay. [Speaker 2] (11:28 - 11:29) Are you with that? [Speaker 1] (11:29 - 11:30) Right. Do you would agree with that? [Speaker 2] (11:30 - 11:32) Yeah. Unless the applicant has [Speaker 1] (11:32 - 11:33) Does yeah, do you have any concerns with that? [Speaker 3] (11:34 - 11:44) No, no, I I'm not sure um yet I think there was some duplication um pre well previously raised with respect to three but I don't uh I don't see an issue with uh [Speaker 1] (11:45 - 11:45) With keeping [Speaker 3] (11:45 - 11:45) uh [Speaker 1] (11:45 - 11:46) it up? [Speaker 3] (11:46 - 11:49) including that as well because that's something that's the process that we would use. [Speaker 1] (11:50 - 11:50) Okay. [Speaker 1] (12:14 - 12:33) So I understand that there's some debate, I think, between sort of a lawyerly debate about how basically to communicate the completion of the culvert water main project. This is on page 27C. [Speaker 1] (12:35 - 12:37) And what was your thoughts on that, Paul? [Speaker 2] (12:41 - 12:42) I'm sorry, which one are [Speaker 1] (12:42 - 12:42) Sorry, [Speaker 2] (12:42 - 12:43) we on? [Speaker 1] (12:43 - 12:44) we're on page 27, [Speaker 1] (12:44 - 12:49) which is E1C, [Speaker 1] (12:50 - 12:53) which is when we're talking about letting, [Speaker 1] (12:53 - 13:05) basically informing the town of the expected date for the permit so that the town can sort of back off that date to make sure that all the culvert and the water main projects are completed. [Speaker 1] (13:06 - 13:14) by that date, but then there's some confusion from the applicant as not being 100 percent sure when you'll know what that date is and [Speaker 3] (13:15 - 13:18) This is the D_ twelve C_ [Speaker 1] (13:18 - 13:18) C_ yeah. [Speaker 3] (13:18 - 13:21) twenty seven right at the top, Paul's comment about we need to work on this language. [Speaker 1] (13:21 - 13:26) Yeah. So is that been is that still in progress or [Speaker 4] (13:26 - 13:26) Oh, [Speaker 1] (13:26 - 13:27) where [Speaker 4] (13:27 - 13:27) so then [Speaker 1] (13:27 - 13:27) are we with that? [Speaker 4] (13:27 - 13:28) this is [Speaker 3] (13:36 - 13:38) D_ 12C. That's [Speaker 1] (13:38 - 13:39) Oh, I have it as [Speaker 2] (13:39 - 13:39) So [Speaker 1] (13:39 - 13:42) as E_ one C_ [Speaker 3] (13:42 - 13:42) oh. [Speaker 1] (13:43 - 13:44) on page twenty seven. [Speaker 3] (13:45 - 13:45) Oh. [Speaker 2] (13:46 - 13:49) I think definitely on page twenty seven it should [Speaker 5] (13:49 - 13:49) It's [Speaker 2] (13:49 - 13:49) be [Speaker 5] (13:49 - 13:50) it's a D_ master sergeant's [Speaker 3] (13:50 - 13:50) 12C. [Speaker 5] (13:50 - 13:51) comment right here, that's [Speaker 1] (13:51 - 13:52) Yeah. [Speaker 5] (13:52 - 13:52) all it has. [Speaker 5] (13:52 - 13:53) It [Speaker 1] (13:53 - 13:53) Yeah, isn't [Speaker 5] (13:53 - 13:53) shows [Speaker 1] (13:53 - 13:53) that E_ [Speaker 5] (13:53 - 13:54) on mine [Speaker 1] (13:54 - 13:54) or [Speaker 5] (13:54 - 13:54) is [Speaker 3] (13:54 - 13:54) twelve [Speaker 5] (13:54 - 13:54) D_ [Speaker 3] (13:54 - 13:54) C_ [Speaker 5] (13:54 - 13:58) twelve. So if you look at page twenty six, [Speaker 1] (13:59 - 14:02) Oh oh sorry, I'm on the wrong, I got it. Yep, I just looked back. [Speaker 1] (14:03 - 14:04) Yep, you're right. Sorry [Speaker 5] (14:04 - 14:05) All right, by [Speaker 1] (14:05 - 14:05) about [Speaker 5] (14:05 - 14:05) the right. [Speaker 1] (14:05 - 14:05) that. D. [Speaker 5] (14:05 - 14:05) All right. [Speaker 2] (14:06 - 14:21) Yep, so the applicant proposed additional language there that says the board understands it's the intention of the town to complete the culvert project and the water main project prior to the time the applicant applies for the issuance of a building permit. [Speaker 2] (14:21 - 14:24) I think that addresses any concerns. [Speaker 2] (14:26 - 14:27) Attorney Smolak and... [Speaker 1] (14:28 - 14:28) Do you agree? [Speaker 2] (14:28 - 14:29) disagree with me if... [Speaker 3] (14:29 - 14:38) No, it's it's it's consistent with other discussions we had at the last hearing that the board can't mandate certain things of other town officials. [Speaker 1] (14:38 - 14:39) Right. [Speaker 3] (14:39 - 14:52) And so that's the reason why that language has been adjusted. And we're certainly going forward, we would certainly work with DBW and other town officials to try to expedite and to try to make sure that we have a [Speaker 3] (14:53 - 15:00) sort of a clear process going forward with respect to any bids or any uh work that would be done with respect to those [Speaker 1] (15:00 - 15:01) Yeah, [Speaker 3] (15:01 - 15:01) projects. [Speaker 1] (15:01 - 15:02) and um grant applications [Speaker 3] (15:02 - 15:02) Right. [Speaker 1] (15:02 - 15:03) etcetera. [Speaker 1] (15:04 - 15:04) Alright. [Speaker 1] (15:21 - 15:24) All right. And then there's a section in here that's not my favorite section, [Speaker 1] (15:24 - 15:27) but I just want to make a note of it because it's something we've talked about a lot, [Speaker 1] (15:27 - 15:40) and that's basically there's a lot in here on how the town plans to secure funds and to work on sort of combining the water main project and the culvert moving project, [Speaker 1] (15:41 - 15:43) hopefully under one grant, [Speaker 1] (15:43 - 15:47) hopefully under one bid. And [Speaker 1] (15:47 - 16:01) Um if for some reason that doesn't happen before the building permit um is issued that is in there that um the applicant can tie into the six inch temporarily while that water main is being, [Speaker 1] (16:01 - 16:04) you know, [Speaker 5] (16:04 - 16:04) Mm-hmm. [Speaker 1] (16:04 - 16:10) in between sort of the time of which funding is secured and that actually gets replaced that that that can happen. [Speaker 1] (16:10 - 16:12) Um so that's what [Speaker 1] (16:13 - 16:14) That is [Speaker 1] (16:24 - 16:29) So anything else in this that anybody on the board wanted to bring up? [Speaker 1] (16:31 - 16:32) Oh, welcome. [Speaker 1] (16:38 - 16:41) And then were there anything on the waiver list as well? [Speaker 2] (16:47 - 16:57) So the only tracked changes on the waiver list that I wanted to point out, it's really just a stylistic thing for me, [Speaker 2] (16:57 - 17:12) is that there was a proposed change to waiver number 14 where the information that we were seeking was put into the board action portion and I just moved that up to the waiver request section instead. [Speaker 2] (17:13 - 17:17) Um but substantively nothing changed from what was proposed. [Speaker 1] (17:17 - 17:17) Okay. [Speaker 2] (17:18 - 17:20) So I just wanted to make sure that was clear. [Speaker 1] (17:23 - 17:23) Alright. [Speaker 1] (17:26 - 17:29) Does anybody have any questions on the waiver list? [Speaker 6] (17:29 - 17:30) No, not for now. [Speaker 1] (17:31 - 17:33) Or the or the decision? [Speaker 2] (17:34 - 17:37) I don't. I think it's really well done in terms of uh [Speaker 5] (17:38 - 17:49) The breadth of it, the scope and the diligence that was put into it, I think the applicant and Paul did a great job, and did a great job getting through it all. [Speaker 1] (18:01 - 18:06) Is that what Tony said to get Kim to look at what he had to look through? And do we need to keep that door open? [Speaker 1] (18:07 - 18:09) Oh yeah, we do need to get the door open. [Speaker 7] (18:11 - 18:12) Oh, it's not. Thank you. [Speaker 1] (18:13 - 18:13) Thank you. [Speaker 1] (18:18 - 18:19) We just need to keep the door open. [Speaker 3] (18:23 - 18:23) Here. [Speaker 7] (18:23 - 18:27) I don't know if we if we do. Um [Speaker 9] (18:28 - 18:30) we just tried to check on it but you know because it seems [Speaker 1] (18:30 - 18:30) I [Speaker 9] (18:30 - 18:31) like sometimes the acoustics in here are not [Speaker 1] (18:31 - 18:33) know, are not that great. Yeah. [Speaker 9] (18:33 - 18:37) and so so open meeting law it states that just as long as the door is not locked [Speaker 1] (18:37 - 18:37) Okay. [Speaker 9] (18:37 - 18:40) and then applicants or or the public can access it [Speaker 1] (18:40 - 18:40) Okay. [Speaker 9] (18:40 - 18:42) then that we're not in violation of open meeting law. [Speaker 1] (18:42 - 18:46) Oh good. Alright, we've always been told, so we can keep it closed I guess. We've always been told it had to be open, have [Speaker 5] (18:46 - 18:46) That's [Speaker 1] (18:46 - 18:47) we? [Speaker 5] (18:47 - 18:47) what I understood. [Speaker 1] (18:47 - 18:50) Yeah. We've always been told that it has to be open, prop it open. [Speaker 9] (18:50 - 18:51) so it just is almost not locked, then [Speaker 1] (18:51 - 18:51) Yeah, [Speaker 9] (18:51 - 18:52) it makes [Speaker 1] (18:52 - 18:52) yeah. [Speaker 9] (18:52 - 18:52) sense. [Speaker 1] (18:52 - 18:53) Yeah, no, that makes sense to me. [Speaker 1] (18:55 - 18:57) but we've always been told to to have it open. Okay, thanks. [Speaker 9] (18:58 - 19:07) And that's similar. You probably notice the select wood most of the time the door is locked in here when they have the meetings. So just I want I want you to be assured that it's not you know there's not any violations. [Speaker 1] (19:08 - 19:08) Thank you, [Speaker 9] (19:08 - 19:08) Then I appreciate try to [Speaker 1] (19:08 - 19:08) it. [Speaker 9] (19:08 - 19:10) stick it in writing to you so you would have it. [Speaker 1] (19:10 - 19:11) No, thank you. I appreciate it. [Speaker 1] (19:12 - 19:22) Um alright. So just for everyone who's here, our our plan today is to um vote on this petition. We are um we're [Speaker 1] (19:23 - 19:28) This is our last meeting before our deadline for how long we have to act on this petition. [Speaker 1] (19:28 - 19:50) And I will say that we did get an email today from Alicia about some concerns that she had and we have them as part of the record and I understand that it was frustrating for you that you had that it took a long time for you to get your response and that you felt you had a very short amount of time to respond. [Speaker 1] (19:53 - 19:54) As far as [Speaker 1] (19:56 - 20:03) and this is something we were discussing that we've, that it's come up at these meetings before, [Speaker 1] (20:03 - 20:15) that we've never seen a traffic study say that there's going to be an impact. It's never, never happens. Never is there a traffic study that comes before our board where it says it's going to have a significant impact. So I understand your [Speaker 1] (20:16 - 20:18) concern about traffic. [Speaker 1] (20:18 - 20:26) But I also feel that typically the impact that does occur is less than the fear of the impact. [Speaker 1] (20:26 - 20:32) I do feel that there's always some sort of impact. Of course, when you're having more people and more units, there's going to be some impact. [Speaker 1] (20:32 - 20:36) And no one's saying that there isn't going to be any impact in your neighborhood. [Speaker 1] (20:36 - 20:37) We know there is. [Speaker 1] (20:37 - 20:44) But usually I do think that the fear of the unknown of what the impact could be is usually greater than. [Speaker 1] (20:45 - 20:58) what the actual impact of development is. And I don't know if that brings you any comfort at all, but I I just wanted to say that and share that um with you. I don't know if anybody else who read the comments has anything. [Speaker 2] (20:58 - 21:00) Uh about the driveway and [Speaker 1] (21:00 - 21:00) Yeah. [Speaker 2] (21:00 - 21:10) just there, I I read the comments and I think that you know although our jurisdiction is very limited in a 40B application like this, [Speaker 2] (21:11 - 21:18) Uh that is something that we have jurisdiction over with safety, but it seems like we've vetted it out with having [Speaker 2] (21:20 - 21:39) um the we do we have already moved around this site plan to try and help with sight lines. So from what I've seen, the evidence that's in front of us, it looks like that's the best alternative that we have. So I don't I don't know that there's something else that could be done. [Speaker 2] (21:40 - 21:50) With this project, given the time frame that we have a requirement to vote on less the petitioner were to extend voluntarily, which with this late date I would ought to anticipate. [Speaker 1] (21:51 - 21:51) Yeah. [Speaker 1] (21:52 - 22:05) And our and our job isn't to necessarily um say that th our job is to basically weigh the impact that this development is gonna have r over the need for um affordable housing and um [Speaker 1] (22:06 - 22:15) And like Mark said, we don't have a lot as much jurisdiction um in a 40B as 'cause it's dictated by the state first first the town. [Speaker 1] (22:16 - 22:19) Um so that being said [Speaker 2] (22:20 - 22:21) Uh, Madame Chairman, [Speaker 1] (22:21 - 22:21) Yep. [Speaker 2] (22:21 - 22:31) just say a few comments. Um you know we we try to do as much as we can to accommodate uh the abutters uh and and owners in the neighbourhood, but uh [Speaker 3] (22:32 - 22:50) In terms of the uh the comments that were made, um some of them are incorrect and and uh also the fact that uh Vanasse and Associates is probably the the premier traffic firm uh in the state and uh they're not gonna risk their reputation on doing shoddy work. [Speaker 3] (22:50 - 22:54) And they're professional engineers, they have standards that they abide by. [Speaker 3] (22:54 - 23:10) There is no mass D_O_T_ jurisdiction here, and if there w even if there was there wouldn't be a need for a traffic study. The mass D_O_T_ would not require it in this circumstance because of the low volume smaller project that it is. And uh, you know, in terms of traffic volume, uh [Speaker 3] (23:10 - 23:27) peak hour is maybe nine or ten vehicles which means one vehicle every six minutes and so I I think that uh the Vanasse report does clearly outline and address any potential safety issues and uh and we feel it's it's adequate as as provided. [Speaker 1] (23:32 - 23:36) And I'm going to open it up to public comment if anybody has any questions. [Speaker 1] (23:38 - 23:46) um specifically um about this decision, which I guess does encompass the whole thing, but more importantly about the conditions and such. [Speaker 4] (23:48 - 23:50) Hi, Alicia McCarthy, Nine Pine Street. [Speaker 4] (23:50 - 23:57) I submitted the letter. I think it's important to note that I didn't call the in-ass whoever did the [Speaker 4] (23:58 - 23:59) T-I-A, shoddy. [Speaker 1] (23:59 - 24:02) No, that might have been maybe a comment towards me. I apologize. [Speaker 1] (24:02 - 24:11) It is kind of a joke among these boards that you never get a traffic citation. I didn't mean to just to, I don't think I was directed towards you. I think that was directed towards me. [Speaker 4] (24:12 - 24:24) But I noted in my letter that all of the information in the site lines and the guidelines and everything that they looked into was for. [Speaker 4] (24:26 - 24:28) the driveway for the proposed building, [Speaker 4] (24:29 - 24:37) for the new building. It had nothing to do with our side of the street or in particular my driveway and our safety, [Speaker 4] (24:37 - 24:39) the pedestrian safety on that side. [Speaker 4] (24:39 - 24:48) So how can we say that they did a good job? They didn't even look into our side of the street and how it would be, how our safety would be affected. [Speaker 1] (24:49 - 24:56) So I think the point of looking at the driveway coming in is how that would impact other people using the road. [Speaker 1] (24:56 - 24:56) So there [Speaker 4] (24:56 - 24:57) I mean there was [Speaker 1] (24:57 - 24:57) was like, [Speaker 4] (24:57 - 24:57) a crash [Speaker 1] (24:57 - 24:58) I [Speaker 4] (24:58 - 24:59) in front of my house today for [Speaker 1] (24:59 - 25:00) see. [Speaker 4] (25:00 - 25:05) the exact same thing that I'm explaining and it's not the first one. [Speaker 4] (25:05 - 25:14) There are many fender benders in front of my driveway because of the turn of that road and the way it's designed. [Speaker 4] (25:15 - 25:32) So now, in addition, I'm going to add a driveway and another point of vehicle entry and exit for people and pedestrians and everyone to look out for, it just seems irresponsible and dangerous. [Speaker 4] (25:33 - 25:37) Like that, it's a very dangerous location for a driveway. [Speaker 4] (25:40 - 25:45) And then the other thing I was concerned about is the temporary tying into a six-inch culvert. [Speaker 4] (25:45 - 25:52) If it's not best practice to do that, then why is it okay to temporarily tie into it and what kind of effects is it going to have on our [Speaker 1] (25:53 - 25:55) So that's for the water main. [Speaker 4] (25:55 - 25:55) Yeah. [Speaker 1] (25:55 - 26:14) And yeah, so that is in there as sort of a last resort after it is on our town schedule to replace that and the goal will be to have that done with the culvert as one project that is 100% of the town's plan as far as how the grants work and everything it should be done together. [Speaker 1] (26:14 - 26:21) It also would be cost savings because you'd only be doing police detail once as opposed to doing police detail for multiple projects. [Speaker 1] (26:21 - 26:37) And I agree with you that that is not ideal. I don't want it tied into the six-inch pipe, so. But that is a last resort for a temporary situation that would allow them to put, get their building permit and start start their construction. This is going, [Speaker 1] (26:37 - 26:47) this project's going to like take a long time. I do not see that happening. I really think everything that we've outlined that that will be replaced before. That is my hope and this is lit [Speaker 1] (26:47 - 26:51) lit, this is just a contingency if something gets held up on the town side. [Speaker 4] (26:51 - 27:07) So what kind of contingency and like recourse do the residents have if we're negatively impacted by something that everybody's saying won't happen but you're saying it's okay that if it does end up that way, like what kind of [Speaker 1] (27:08 - 27:12) So recourse as far as after the project is done if there is some sort of uh [Speaker 4] (27:12 - 27:17) No, like for the temporary tying in. I mean if it's not advised for it to be tied into [Speaker 1] (27:17 - 27:18) So [Speaker 4] (27:18 - 27:18) a six [Speaker 1] (27:18 - 27:18) it [Speaker 4] (27:18 - 27:18) inch [Speaker 1] (27:18 - 27:18) won't [Speaker 4] (27:18 - 27:18) water. [Speaker 1] (27:18 - 27:34) have it should not have an impact and um and we have our engineers here it's not that it would necessarily have an impact on your water pressure in your home as much as it's more about if the sprinklers and the water pressure is needed for the safety of [Speaker 1] (27:34 - 27:57) of this building, that that was that was the concern that there wasn't that you should do that on an eight inch pipe. And um no I kno I you know, I mean I do agree that this is a compromise um that was made to to try to get this done um through the town side rather than um and the town has the town unfortunately because [Speaker 1] (27:57 - 28:25) We have a time constraint on making this decision. There's a timetable for a fine for an accept in in getting grants and they're just not lining up. So this grant that um Marcy is applying for that will expand the funds for this project, we won't have that information until the end. And so having a document that has all if you know we can't have sort of no solution if this grant doesn't come through or if there's any sort of delay for other reasons. So that's that's why that's [Speaker 1] (28:26 - 28:32) that's in there, so that they're so that the document is clean and that they're and especially for our developer to get move forward with the project. [Speaker 1] (28:35 - 28:44) But as far as recourse on your end, um after the project, I guess that's a question if there's any adverse effects to them after the project. [Speaker 2] (28:46 - 28:50) Well I would ask Paul, I mean they have to the applicant has to comply with their conditions? [Speaker 2] (28:51 - 28:55) and all the approvals that are required, but I don't I don't know if there's any [Speaker 2] (28:56 - 29:00) particular recourse. Paul has great deal of experience, I would prefer to him. [Speaker 3] (29:05 - 29:09) Sorry, I always forget when I turn my mic off. It [Speaker 3] (29:10 - 29:14) would really be very dependent on the nature of the claim. [Speaker 3] (29:15 - 29:20) To a certain extent when you're talking about the issues with the traffic, [Speaker 3] (29:20 - 29:30) it would really appear to be something that's related to the existing conditions on the roadway which certainly would not be attributable to the applicants. [Speaker 3] (29:30 - 29:35) The town has, you know, whatever obligation it has to make sure that its roadways are safe. [Speaker 5] (29:37 - 29:46) But I couldn't really speak to what specific remedy would be available without knowing the exact nature of the potential problem. [Speaker 1] (29:51 - 29:53) It's a question more about the six inch pipe, [Speaker 2] (29:53 - 29:54) Yeah. [Speaker 1] (29:54 - 29:55) that it never gets. [Speaker 2] (29:55 - 29:55) Yeah, [Speaker 3] (29:55 - 29:55) It [Speaker 2] (29:55 - 30:01) if it somehow affected them negatively for them to be tied into the six inch pipe, [Speaker 2] (30:01 - 30:03) what recourse would they have? [Speaker 3] (30:04 - 30:05) Yeah, well, [Speaker 3] (30:05 - 30:12) it wouldn't really be an issue of recourse for the neighborhood. It would be really more of an issue of recourse for the town if [Speaker 3] (30:13 - 30:18) For some reason, it would be able to be proven that the connection of this project caused, [Speaker 3] (30:18 - 30:23) you know, whatever harm occurred as it related to that six inch main. [Speaker 3] (30:25 - 30:29) But it really seems like that's an unlikely scenario. [Speaker 3] (30:29 - 30:31) And the proposed... [Speaker 3] (30:32 - 30:35) The resolution here is taking into account, [Speaker 3] (30:35 - 30:51) you know, that the issue of concern that was brought up by the board's peer review consultants really has to do with the state of the existing infrastructure and its age and its potential for future breaks in that, [Speaker 3] (30:51 - 31:01) which again is going to be the responsibility of the town to ensure that it is providing adequate infrastructure not only to the applicant but to the [Speaker 3] (31:01 - 31:09) to the entire neighborhood so unless you're able to show that there is direct results [Speaker 3] (31:10 - 31:25) of this project causing a break in the water I don't think that that's something that could be attributable to the applicant and again it's going to be up to the town I think that the way that the decision has been drafted is [Speaker 3] (31:26 - 31:53) Addressing this concern by first off trying to make sure that the 8 inch pipe is actually replaced prior to the issuance of building permit but taking into account you know the potential for that not happening the applicant would be allowed to connect to the existing 6 inch with the intention that the 8 inch pipe would be replaced you know pursuant to the schedule that the town sets up. [Speaker 2] (31:56 - 31:58) Alright, is Gino Gino's not here, is he? [Speaker 2] (31:59 - 31:59) On [Speaker 4] (31:59 - 32:00) I believe Nikki's here. [Speaker 2] (32:00 - 32:01) What's that? [Speaker 4] (32:01 - 32:02) Nikki's here. She will be [Speaker 3] (32:05 - 32:05) I'm here, [Speaker 3] (32:05 - 32:06) Smithtown is [Speaker 2] (32:06 - 32:06) Hi [Speaker 3] (32:06 - 32:07) the administrator. [Speaker 2] (32:07 - 32:07) Nick. [Speaker 2] (32:08 - 32:13) So I guess the question for you as far as the scheduling of this water main, [Speaker 2] (32:14 - 32:15) do you have anything to add to that? [Speaker 2] (32:15 - 32:18) If for any reason grant money wasn't available, [Speaker 2] (32:18 - 32:28) this is still on the plans for this has still been identified as a project that needs to be done by the town regardless of this project. [Speaker 2] (32:28 - 32:29) Is that correct? [Speaker 1] (32:30 - 32:33) Yes, Gina would identify this and include it in sort of the... [Speaker 1] (32:34 - 32:40) A number of different projects throughout town that need to be done because of the age of the infrastructure. [Speaker 1] (32:41 - 32:43) This is something that if we're able to access funds, [Speaker 1] (32:43 - 32:45) we would move it up, grant funds. [Speaker 1] (32:45 - 32:46) In addition, [Speaker 1] (32:46 - 32:49) there's the SRF zero percent interest loans, [Speaker 1] (32:49 - 33:00) which we also use regularly to replace aging infrastructure like this. And as I said, Gino had identified this as an area that was, you know, among his priorities even before this project came in. [Speaker 2] (33:01 - 33:01) Alright. [Speaker 2] (33:02 - 33:10) So this project is just moving that is is making an effort to move that work up and get that done more quickly than it was previously scheduled. I would now. [Speaker 5] (33:11 - 33:11) Correct. [Speaker 2] (33:14 - 33:17) Alright. Any other questions? [Speaker 1] (33:18 - 33:19) Uh, was that a question for me? [Speaker 2] (33:20 - 33:20) Alright. [Speaker 2] (33:21 - 33:22) So [Speaker 1] (33:22 - 33:23) Oh, I think somebody else here has [Speaker 2] (33:23 - 33:23) Oh. [Speaker 1] (33:23 - 33:24) a question. [Speaker 5] (33:25 - 33:25) I don't. [Speaker 1] (33:27 - 33:30) Steve Gadman, 11 Pine Street, right across the street from the development. [Speaker 1] (33:31 - 33:39) I understand it's we know it's going up and we've been here every week as you know just to make sure that our [Speaker 1] (33:40 - 33:44) concerns are heard and you've listened to all the concerns. [Speaker 1] (33:44 - 33:54) But all the concerns we brought up and if I miss something or I have something wrong please let me know, but the only concern that was really [Speaker 1] (33:55 - 34:08) um changed was the stairs being moved in the front of the building. There was a set of stairs that went went out on Pine Street so now there's only one set of stairs that goes down out into the parking lot. [Speaker 1] (34:08 - 34:32) I'm hoping it stays that way, and that's my understanding that's that's supposed to happen to change the plans. The water pipe, the water pipe, you already talked about that. We asked for the driveway not to to not to be there because of safety issues. We brought up maybe going out by the the cannabis store and it was brought up well you don't want to tempt the people in the building. [Speaker 1] (34:33 - 34:41) being able to just walk over and go into the cannabis store that make them walk around. [Speaker 1] (34:43 - 34:46) That doesn't sit well because right from the start, [Speaker 1] (34:46 - 34:48) as from a veteran's standpoint, [Speaker 1] (34:49 - 34:52) we said it shouldn't be near a cannabis store. [Speaker 1] (34:54 - 34:56) We said that right from the beginning, [Speaker 1] (34:56 - 34:58) even before we met the zoning board, [Speaker 1] (34:58 - 35:03) but yet it was still thrown back at us, well we can't have that entrance, [Speaker 1] (35:03 - 35:11) the exit there because the veterans are going to be tempted to walk straight through the parking lot to the cannabis store living in that building. [Speaker 1] (35:12 - 35:20) So I think that really needs to be looked at again and give us a different answer rather than using [Speaker 1] (35:20 - 35:23) A temptation? Because we brought that up from the beginning. [Speaker 2] (35:23 - 35:46) There were some other um there were they did do a whole analysis of that and there were some issues as far as not just that it might be a sort of a conflict to have going through a cannabis store to get to the housing but it was also um the the land the way the land use and was between the two separate because they are two separate properties um there were there were some other issues that were [Speaker 2] (35:46 - 35:48) identified in that analysis. [Speaker 2] (35:48 - 35:58) And they did move the driveway to get better sightlines for for safety for pedestrian safety and for car safety on that road. That that was the other [Speaker 1] (35:58 - 36:01) Okay. And again, I I did say if I if I did miss something, [Speaker 2] (36:01 - 36:01) Yeah yeah yeah. [Speaker 1] (36:01 - 36:03) you know, it's it's a lot of information to [Speaker 2] (36:03 - 36:03) I know, [Speaker 1] (36:03 - 36:03) take [Speaker 2] (36:03 - 36:04) I [Speaker 1] (36:04 - 36:04) in [Speaker 2] (36:04 - 36:04) know, I [Speaker 1] (36:04 - 36:04) and [Speaker 2] (36:04 - 36:04) know. [Speaker 1] (36:05 - 36:13) the equipment on the roof, you know, I've mentioned it all the time in the engineer states that he just doesn't have that information yet. [Speaker 1] (36:14 - 36:18) Um but I wanna know if he doesn't have that information [Speaker 6] (36:19 - 36:29) How do we know that it's going to be to the state ordinance and the town ordinance if they don't have the the specs for that equipment that's going on the roof? [Speaker 2] (36:29 - 36:46) So the the way we know that is because they are not getting any any relief so if they if they don't keep the sound level below the ordinance they will be in violation of this agreement they'll be in the building inspector's job is to manage the the process after after the permit. [Speaker 2] (36:46 - 36:55) And make sure that the applicant is following all the rules of the state and any rules that haven't been waived, that they haven't asked for waivers from, from the town. [Speaker 6] (36:55 - 36:59) But shouldn't that be looked at beforehand? [Speaker 2] (36:59 - 37:07) Well they will be submitting detailed plans that then there's a 45 day period for review. [Speaker 2] (37:07 - 37:08) So once... [Speaker 2] (37:10 - 37:12) Some of the plans that are submitted now will change. [Speaker 2] (37:13 - 37:20) Things will change throughout the process because there is a sort of a more in-depth design that happens after this process, [Speaker 2] (37:20 - 37:22) and those will all be reviewed by our building inspector, [Speaker 2] (37:23 - 37:23) and those will all be, [Speaker 2] (37:24 - 37:26) there's a 45-day period of that, [Speaker 2] (37:26 - 37:35) and I'm guessing that town can connect you when they have that information of what mechanisms are [Speaker 6] (37:35 - 37:36) So [Speaker 2] (37:36 - 37:36) going [Speaker 6] (37:36 - 37:36) what [Speaker 2] (37:36 - 37:36) to be. [Speaker 6] (37:36 - 37:38) now what happens [Speaker 6] (37:39 - 37:41) If they say, oh we didn't realize, [Speaker 6] (37:41 - 37:43) I guess it is going to go above the ordinance, [Speaker 2] (37:44 - 37:44) So they [Speaker 6] (37:44 - 37:45) and would the state [Speaker 2] (37:45 - 37:45) have to come [Speaker 6] (37:45 - 37:45) state [Speaker 2] (37:45 - 37:45) back. [Speaker 6] (37:45 - 37:46) ordinance, [Speaker 2] (37:46 - 37:51) That would be considered a significant change because they're asking for a waiver that they were not, they never asked for and were never granted. [Speaker 2] (37:51 - 37:53) So if they needed another waiver, [Speaker 2] (37:53 - 37:54) they would have to come before here to [Speaker 6] (37:54 - 37:55) and is [Speaker 2] (37:55 - 37:55) ask for that. [Speaker 6] (37:55 - 38:02) it at that point, is it going to be too late for us to say, no we don't, I mean, that's unacceptable and [Speaker 2] (38:02 - 38:02) I [Speaker 6] (38:02 - 38:05) they have to find another way to put the equipment in the building. [Speaker 2] (38:06 - 38:06) Correct. [Speaker 6] (38:06 - 38:08) Or is the town just going to allow? [Speaker 6] (38:10 - 38:13) And give them that relief to say, okay, here, [Speaker 6] (38:13 - 38:15) it's okay to have that equipment up there. [Speaker 2] (38:15 - 38:19) I do not see the town allowing that. I also don't see them coming back for that. [Speaker 2] (38:19 - 38:20) They've never, [Speaker 2] (38:20 - 38:26) they don't seem to have any concerns with sound that they're going to need relief on that. [Speaker 6] (38:26 - 38:28) All right, I'll believe that when I see it. [Speaker 2] (38:29 - 38:31) I understand your hesitation. [Speaker 6] (38:31 - 38:33) You know I'll be at that meeting. [Speaker 2] (38:33 - 38:34) You'll be, [Speaker 2] (38:34 - 38:36) I know you will be and we'll be glad to have you. [Speaker 2] (38:36 - 38:36) you. [Speaker 6] (38:38 - 38:38) Um, [Speaker 1] (38:38 - 38:55) To ask about the sound, with the funding that they're getting from the one-stop, I believe there's actually more stringent acoustic requirements for that than in a typical building. So I I think um we'll be in good shape once we see that. [Speaker 6] (38:55 - 39:01) I'm the the the big thing is um be having the so if you say well [Speaker 6] (39:02 - 39:08) The neighborhood has brought this up many a times and then the state comes in, well there's nothing you can do about it. [Speaker 6] (39:10 - 39:14) And they're going to over override a [Speaker 2] (39:14 - 39:15) Yeah, in [Speaker 6] (39:15 - 39:15) zoning [Speaker 2] (39:15 - 39:15) that [Speaker 6] (39:15 - 39:15) board. [Speaker 2] (39:15 - 39:26) situation where a decision has been made and the applicant has agreed to the conditions of the decision that's been made, and then later on they need more relief. [Speaker 2] (39:27 - 39:31) That is under our jurisdiction whether or not we give more relief [Speaker 6] (39:31 - 39:31) And [Speaker 2] (39:31 - 39:31) though. [Speaker 6] (39:31 - 39:34) can the state override the zoning board? [Speaker 2] (39:34 - 39:38) What? On additional relief needed after the fact? [Speaker 6] (39:38 - 39:39) Yeah, so it's [Speaker 2] (39:39 - 39:43) Paul, Paul, can you answer that question? If there's additional relief needed after the fact. [Speaker 1] (39:44 - 39:45) can [Speaker 2] (39:45 - 39:45) No, [Speaker 1] (39:45 - 39:46) the state? [Speaker 2] (39:46 - 39:47) I can't answer that question. [Speaker 2] (39:47 - 39:50) So essentially, [Speaker 2] (39:50 - 39:55) the board would be acting on a request for a modification. [Speaker 2] (39:55 - 40:01) That determination would be based upon whether or not the [Speaker 2] (40:02 - 40:19) Requested modification would make the project substantially less uneconomic than whatever status it had at the time they requested the application and if they can't make that showing then the housing appeals committee wouldn't have any basis for overturning the board's decision [Speaker 2] (40:20 - 40:27) it would be very unlikely that that would be something that would ever even get to an appeal to the housing appeals committee [Speaker 2] (40:28 - 40:29) So ultimately, [Speaker 2] (40:29 - 40:35) very unlikely that the court's decision would be overridden on an issue like that. [Speaker 1] (40:36 - 40:36) Okay. [Speaker 2] (40:36 - 40:41) And then they would also, they also still have to comply with the state requirements. [Speaker 2] (40:41 - 40:43) The state has noise requirements as well, [Speaker 3] (40:43 - 40:43) Yes. [Speaker 2] (40:43 - 40:47) and those are not waivable under Chapter 40B. [Speaker 1] (40:49 - 40:50) Okay. [Speaker 3] (40:50 - 40:50) Okay. [Speaker 4] (40:54 - 40:54) And we [Speaker 2] (40:54 - 40:54) So [Speaker 4] (40:54 - 40:54) brought them [Speaker 2] (40:54 - 40:54) the [Speaker 4] (40:54 - 40:54) in. [Speaker 2] (40:54 - 41:01) likely result would be is that they would have to provide some sort of screening to mitigate the sound. [Speaker 2] (41:01 - 41:18) And I have been involved in projects where developers have come back for modifications to provide screening after the fact because they ultimately found out that whatever mechanical systems that they had would cause a noise issue. [Speaker 2] (41:18 - 41:29) So that's what the likely result would be. It would not be a request to allow them to exceed the noise requirements. It would be a way for them to figure out how to meet the requirements. [Speaker 5] (41:31 - 41:31) Okay. [Speaker 5] (41:32 - 41:33) All right. [Speaker 5] (41:34 - 41:41) And we talked about the culvert being moved and our concerns, you know, and I had mentioned it's right outside our driveway. [Speaker 5] (41:43 - 41:46) Once this goes through, is there a timeline? [Speaker 5] (41:46 - 41:53) Is that going to be like both building going to be constructed and that being moved at the same time? [Speaker 1] (41:54 - 42:06) So the the culvert will be moved before the before they can start construction because they can't build on top of the culvert So that will be a town project done prior to the 40b project [Speaker 5] (42:07 - 42:22) And is there something that's in a backup plan for the sewer pipes in case it just can't handle everything? [Speaker 1] (42:23 - 42:49) So the the only change that was made with the sewer was that they're tying in further down so they're tying in at the steeper part of the sewer they're not tying in at that flatter part of the sewer which seems to be where where the problems were and so that that's the change is that they're tying in further down to to try to mitigate any anything like that they're also have been tasked for capacity that have that have [Speaker 1] (42:49 - 42:56) said that there's plenty of capacity in those pipes I think some of and I know this isn't necessarily what you want to hear but some of [Speaker 1] (42:57 - 43:05) There is a little bit of a wait-and-see on the lining. It sounds like that may have mitigated a lot of the problems, and we're hoping that it did and Gino feels confident that it did. [Speaker 1] (43:05 - 43:10) And I don't think we've had any problems since then, but I also don't think you've had the conditions for problems since then either. [Speaker 1] (43:10 - 43:15) So it's it's easy to say that you haven't had problems when you haven't had a major storm either. [Speaker 1] (43:16 - 43:23) But I think we need to see what what happens when that happens. And but I do think that problem that pre-existing problem is separate from [Speaker 1] (43:24 - 43:26) from this project [Speaker 5] (43:27 - 43:44) And then one of the biggest things once this project starts and stuff and we're running into problems that we have reassurance from the town to get help and that not everybody's just going to wash their hands while it already went through a vote, see you later, [Speaker 5] (43:44 - 43:47) sorry it happened and we're done. [Speaker 1] (43:47 - 43:48) So this [Speaker 5] (43:48 - 43:48) Well, [Speaker 1] (43:48 - 43:48) isn't [Speaker 5] (43:48 - 43:53) that's I just need the reassurances from the town to say, yes, we're gonna be there for you, [Speaker 5] (43:53 - 43:59) we're gonna make sure, and from the construction company to say we're gonna be there for you, don't worry. [Speaker 1] (43:59 - 44:09) Yeah. So I think that the um there is going to be a line for the town to call um if there's any issues ongoing during are you talking about kind of during construction? [Speaker 5] (44:10 - 44:11) During, after, [Speaker 5] (44:11 - 44:13) um I mean, [Speaker 5] (44:13 - 44:17) Once the apartments start getting full, [Speaker 5] (44:17 - 44:21) I mean, we may not notice anything until it's at its full capacity. [Speaker 1] (44:22 - 44:24) Right. Yes, for our sewer and things like that. [Speaker 5] (44:24 - 44:36) Yeah, with the with the water pressure and, you know, it's we may not see anything but once it's at its full capacity uh that we kno we need to know that the the town's gonna back us and say, okay, we have to re-look at this and [Speaker 1] (44:36 - 44:40) Yeah, and so because this is a sort of a this is a joint project as this is town owned land, [Speaker 1] (44:40 - 44:49) um our board will no longer be involved at that point, um but um I don't know if um Nick wants to answer that. Oh, he nick has his hand up. So Nick [Speaker 1] (44:48 - 44:50) So Nick would like to answer that for you. [Speaker 2] (44:51 - 45:04) I just didn't want to speak over anyone that's why I raised my hand instead of jumping in uh yeah I would just say my office the town administrator Gino DPW director Marzi community development and [Speaker 2] (45:05 - 45:10) Our teams are committed to making sure we're supporting both our partner into the development, [Speaker 2] (45:10 - 45:11) but also the community. [Speaker 2] (45:11 - 45:13) So we are all directly available. [Speaker 2] (45:13 - 45:25) I'm sure we'll have a particular line set up that's sort of a hotline that you can call any one of us, come and knock on any of our doors as well. I just want to be perfectly clear we are always available for this project or other questions and concerns. [Speaker 2] (45:25 - 45:28) And I've been very fortunate since I joined in October to see. [Speaker 6] (45:29 - 45:30) Just how that plays out with staff. [Speaker 6] (45:30 - 45:39) And so I'm happy to make that commitment on behalf of the town that we're here to work through questions with you and we'll not just sort of, you know, wash our hands a bit and say, [Speaker 6] (45:39 - 45:51) you know, the ZBA voted on February 10th. So, you know, we are where we are. We're here to work with you and we'll certainly coordinate with VBH wherever we can to address issues and to hear you out for sure. [Speaker 5] (45:52 - 45:53) All right. Thank you for that. [Speaker 1] (45:54 - 45:54) Thanks, Nick. [Speaker 7] (45:57 - 46:23) Heather if I could just add to this too also historically and in past projects when we have worked with Benae Brith we would also hold weekly meetings on-site meetings so there are any issues that could that come up during the week or with the contractor or with the neighbors that you'll be able to to have a direct contact either through the city Gino myself or or Krista and then also through the project manager or the whoever the contractor [Speaker 7] (46:23 - 46:27) contractor is and we will try to address any ongoing issues at that time. [Speaker 5] (46:27 - 46:27) Okay. [Speaker 1] (46:28 - 46:29) Thank you. [Speaker 9] (46:29 - 46:44) And I would add there would be a, as we know, there would be a detailed construction management plan that would be prepared to deal with all contingencies with respect to the construction process. And B.B.H., as you know, has been here before with Michon School, [Speaker 9] (46:45 - 46:53) and our understanding is that process went well. We don't expect anything different with respect to this project as well, and we'll work, certainly work with the town. [Speaker 1] (46:57 - 47:02) It looks like someone has their they're raising their hand um on line. [Speaker 10] (47:03 - 47:03) They're on mute. [Speaker 1] (47:04 - 47:13) They're on mute. If you want if you have your hand up um we can't see your name, but if you would like to um unmute yourself and ask a question. [Speaker 10] (47:18 - 47:20) I would say we got bounced out again. [Speaker 1] (47:20 - 47:20) Yeah. [Speaker 10] (47:25 - 47:26) We're not on mute anymore. [Speaker 10] (47:26 - 47:26) So [Speaker 1] (47:26 - 47:27) You're not on mute. [Speaker 1] (47:29 - 47:32) But we can't hear you if you're a if you're speaking. [Speaker 10] (47:33 - 47:33) Caesar. [Speaker 1] (47:33 - 47:34) Is it Caesar? [Speaker 1] (47:34 - 47:34) Is it Caesar? [Speaker 1] (47:44 - 47:45) Caesar? [Speaker 10] (47:47 - 47:47) Hmm. [Speaker 1] (47:47 - 47:48) Oh no, he's gone. [Speaker 5] (47:48 - 47:49) He's probably gonna try to reconnect [Speaker 1] (47:49 - 47:49) Yeah, okay, [Speaker 5] (47:49 - 47:49) due to [Speaker 1] (47:49 - 47:50) we'll [Speaker 5] (47:50 - 47:50) the [Speaker 1] (47:50 - 47:50) let him [Speaker 5] (47:50 - 47:50) lag. [Speaker 1] (47:50 - 47:52) reconnect. Is that someone? Is that someone you know? Is that a neighbor? [Speaker 5] (47:53 - 47:53) Yes. [Speaker 1] (47:53 - 47:53) Okay. [Speaker 1] (47:56 - 47:58) Ah, we'll give him a few minutes. [Speaker 10] (48:01 - 48:02) Is there anybody else or [Speaker 1] (48:02 - 48:04) Yeah, is there anybody else while we're waiting? [Speaker 1] (48:16 - 48:20) I feel bad that he got kicked out right when he was asking a question. [Speaker 1] (48:31 - 48:32) Give them a couple minutes. [Speaker 5] (48:32 - 48:34) You texted Nancy? [Speaker 10] (48:34 - 48:35) While we're doing that, can I ask Paul a question? [Speaker 1] (48:35 - 48:36) Yes, please [Speaker 10] (48:36 - 48:36) Paul, [Speaker 1] (48:36 - 48:36) do. [Speaker 10] (48:36 - 48:42) for purposes of making a motion on this petition, [Speaker 10] (48:42 - 48:54) sufficient that I reference the decision and the findings therein and conditions therein and the waivers incorporated essentially by reference in my motion? [Speaker 9] (48:56 - 48:57) That's perfect. [Speaker 9] (48:57 - 48:59) The only thing I would say is [Speaker 2] (49:00 - 49:04) uh just note as as revised pursuant to the discussion tonight i [Speaker 10] (49:06 - 49:07) I'm sorry I didn't catch that. [Speaker 2] (49:09 - 49:13) said the only thing i would add is as revised pursuant to the discussion tonight [Speaker 10] (49:13 - 49:14) Right, [Speaker 10] (49:14 - 49:14) right. [Speaker 10] (49:14 - 49:15) It's 45 days. [Speaker 10] (49:16 - 49:16) Yep. [Speaker 1] (49:16 - 49:16) Yep. [Speaker 10] (49:18 - 49:18) Got it. [Speaker 1] (49:20 - 49:20) All right. [Speaker 10] (49:20 - 49:21) Thank you. [Speaker 1] (49:25 - 49:28) Well, I don't I'm not sure what happened. Does anybody have contact with [Speaker 11] (49:28 - 49:30) She said they just got knocked out, they [Speaker 1] (49:30 - 49:30) They just [Speaker 11] (49:30 - 49:30) did. [Speaker 1] (49:30 - 49:32) got knocked out, they're trying to act [Speaker 11] (49:32 - 49:34) They're trying to get back in these seconds. [Speaker 11] (49:38 - 49:39) Oh, here he is. [Speaker 1] (49:38 - 49:39) There he is. [Speaker 2] (49:55 - 49:55) All right. Hi, [Speaker 2] (49:55 - 49:59) Cesar. If you want to unmute yourself, you're back in the meeting. Sorry about that. We're not sure what happened. [Speaker 3] (50:00 - 50:00) Hi, sorry, [Speaker 3] (50:00 - 50:03) I may have missed it. It says I'm here at 27 Pine Street. [Speaker 3] (50:03 - 50:04) I just have a question about the culvert. [Speaker 3] (50:04 - 50:07) I know it's a separate project from the actual building, [Speaker 3] (50:07 - 50:10) but it's reliant on the culvert moving. [Speaker 2] (50:10 - 50:10) Yep. [Speaker 3] (50:11 - 50:27) What would be the actions if that couldn't happen, whether environmental reasons or financial or whatever other reason may pop up because to my understanding there hasn't been a full study as to how it will impact everything. [Speaker 3] (50:27 - 50:28) Am I correct on that? [Speaker 2] (50:29 - 50:38) So they have preliminary designs but not the final design for the culvert moving and yes there is some more work that will need to be done before it actually goes out to bid. [Speaker 2] (50:39 - 50:46) I mean if the culvert can't be moved for some reason that we can't predict now at this time, [Speaker 2] (50:47 - 50:54) the building can't go on top of the culvert so that would be a major change but there is no evidence. [Speaker 2] (50:55 - 50:57) to show that the culvert won't be able to be moved. [Speaker 2] (50:57 - 50:58) The assumption is that it will be. [Speaker 3] (51:00 - 51:07) I guess my question is why would the board approve this project without having the full scope of the culvert move? [Speaker 2] (51:08 - 51:09) The full plans, [Speaker 2] (51:09 - 51:13) well like we talked about with all of the plans, [Speaker 2] (51:13 - 51:17) there are more detailed plans coming and that's how this process works. [Speaker 2] (51:18 - 51:20) But also with the culvert specifically, [Speaker 2] (51:20 - 51:34) because the culvert final design plans are being paid for by a grant that the town has acquired rather than the applicant and they can't put that out to bid until they have the funds, they can't pay for the design process so that grant has to be processed. [Speaker 2] (51:35 - 51:38) and then the town will be doing that project well [Speaker 3] (51:38 - 51:39) Yeah, I understand that, [Speaker 3] (51:39 - 51:43) but it just seems like the town is putting the cart before the horse type of thing. [Speaker 2] (51:47 - 51:57) the it is happening in the order it needs to happen in the sense that the the culvert the project can't be built unless the culverts move so the culvert has to be moved prior to the project [Speaker 4] (51:58 - 52:01) But also the approval is dependent on the 40B timeline. [Speaker 2] (52:01 - 52:02) Yes, yeah, [Speaker 2] (52:02 - 52:10) and approval of this, yes, if you're thinking that this, we could wait for this approval until after the culvert is moved, [Speaker 2] (52:10 - 52:11) if that was the question, [Speaker 2] (52:11 - 52:17) we can't, we have a limited amount of time to process and vote on this 40B project. [Speaker 3] (52:18 - 52:23) Okay, and I just have one side question, and it's not really board related because I see a ton of administrators here. [Speaker 3] (52:23 - 52:25) Who is in charge of... [Speaker 3] (52:25 - 52:30) plowing or shoveling the property because all the kids are walking in the street on that side. [Speaker 3] (52:30 - 52:31) Sorry, [Speaker 3] (52:31 - 52:32) I don't mean to go off topic. [Speaker 2] (52:32 - 52:33) No, that is a good question. [Speaker 2] (52:34 - 52:35) I believe that it is town-owned property. [Speaker 2] (52:36 - 52:40) So that would be the town would be in charge of shoveling the sidewalks on that side. [Speaker 2] (52:40 - 52:45) And if anybody here wants to correct me if I'm wrong on that, that would be my guess. [Speaker 5] (52:46 - 52:48) The ground is for the real. [Speaker 2] (52:48 - 52:51) And Mary Ellen's in the back giving me the thumbs up that I am correct in that guess. [Speaker 2] (52:51 - 52:55) So it is town-owned property and they would be responsible for shoveling those sidewalks. [Speaker 3] (52:56 - 52:57) All right, thank you. [Speaker 5] (53:00 - 53:02) Is it too late to ask a question? [Speaker 2] (53:02 - 53:03) Yes, you may ask another question. [Speaker 6] (53:04 - 53:04) About clowning? [Speaker 5] (53:04 - 53:07) I could no, I forgot to bring up um the contamination. [Speaker 6] (53:08 - 53:08) Oh yeah, but [Speaker 2] (53:09 - 53:10) So that was discussed at the last meeting [Speaker 5] (53:10 - 53:10) Yes. [Speaker 2] (53:10 - 53:19) um that the and in I'll I'll have you restate what was state stated last meeting about the c about any contamination that that was [Speaker 2] (53:23 - 53:29) We have been working with a geoenvironmental consultant who we work with on many of our developments, [Speaker 2] (53:29 - 53:31) including at the Machon, [Speaker 2] (53:31 - 53:35) and we feel comfortable with the condition of the soil, [Speaker 2] (53:35 - 53:44) and some of it may have to go off-site, but we have a professional team who will be evaluating it, and we have budget. [Speaker 7] (53:45 - 53:51) We we have budgeted funds to treat this soil appropriately and uh we're [Speaker 2] (53:51 - 53:54) And also the VFW was determined not to have asbestos in [Speaker 7] (53:54 - 53:54) Correct. [Speaker 2] (53:54 - 53:55) between [Speaker 7] (53:55 - 53:55) So when that [Speaker 2] (53:55 - 53:56) that type of mitigation [Speaker 7] (53:56 - 53:57) when [Speaker 2] (53:57 - 53:57) that [Speaker 7] (53:57 - 53:57) that building [Speaker 2] (53:57 - 53:57) that was is their concern. [Speaker 7] (53:57 - 54:04) correct, so when that building is demolished there is no asbestos containing materials in there. Um [Speaker 7] (54:05 - 54:07) I think does that recap what [Speaker 2] (54:07 - 54:07) Yeah, [Speaker 7] (54:07 - 54:07) we're [Speaker 2] (54:07 - 54:15) I'm trying there and this isn't having a foundation so there will not be large soil moving that you would expect in a in another project that this is going to be built on on [Speaker 5] (54:15 - 54:15) Do [Speaker 2] (54:15 - 54:16) filing. [Speaker 5] (54:16 - 54:20) we do we know how far out the contamination goes like is it going to [Speaker 9] (54:20 - 54:21) Never heard anything. [Speaker 5] (54:21 - 54:26) we've never heard anything of it we know that they did all kinds of testing over there [Speaker 9] (54:26 - 54:27) Well, [Speaker 9] (54:27 - 54:28) how can we get the information? [Speaker 5] (54:28 - 54:39) Where could we get that information from to look at? Is it something that we have to worry about? Is the contamination going to be going into the street towards our property? [Speaker 10] (54:39 - 54:40) What's the question? [Speaker 7] (54:40 - 54:44) It's my understanding it's not that kind of contamination that you'd need to worry about. [Speaker 7] (54:44 - 54:45) This is not [Speaker 2] (54:45 - 54:47) So is there a report that they can view? [Speaker 5] (54:47 - 54:48) What is it that [Speaker 2] (54:48 - 54:48) Sorry, [Speaker 5] (54:48 - 54:48) you're [Speaker 2] (54:48 - 54:48) sorry. Hang on. [Speaker 5] (54:48 - 54:49) talking about? [Speaker 2] (54:49 - 54:51) We'll we'll just talk to me and I'll and I'll ask you other questions. [Speaker 7] (54:51 - 54:52) about what we'll be sharing with the town? [Speaker 4] (54:52 - 54:53) It's like. [Speaker 5] (54:53 - 54:53) Okay. [Speaker 2] (54:53 - 54:54) So that's the questi [Speaker 7] (54:54 - 54:54) Yes. [Speaker 2] (54:54 - 54:55) So the [Speaker 7] (54:55 - 54:55) Oh, [Speaker 2] (54:55 - 54:55) question is, [Speaker 7] (54:55 - 54:56) sorry, I didn't mean to misspeak. [Speaker 2] (54:56 - 54:57) so no, no, so the [Speaker 7] (54:57 - 54:57) I'm [Speaker 2] (54:57 - 54:57) question [Speaker 7] (54:57 - 54:59) trying to be reassuring because it's... [Speaker 2] (54:59 - 55:01) So the question is, is there a report that they can view? [Speaker 7] (55:03 - 55:11) There will be a report that's public information that we will be sharing with the town and our funding applications. [Speaker 7] (55:12 - 55:13) So, so [Speaker 2] (55:13 - 55:13) Yes. [Speaker 7] (55:13 - 55:13) that so [Speaker 2] (55:13 - 55:14) Excellent. [Speaker 7] (55:14 - 55:15) that will be a public report. [Speaker 2] (55:15 - 55:15) Yeah. [Speaker 7] (55:15 - 55:22) And so when that's available with that's available, it'll be shared with us and then Christy will make sure that it goes out to everybody. [Speaker 2] (55:22 - 55:23) Yeah. [Speaker 5] (55:23 - 55:23) Okay. [Speaker 2] (55:23 - 55:24) Thank you. [Speaker 5] (55:24 - 55:24) Thank [Speaker 2] (55:24 - 55:24) No problem. [Speaker 5] (55:24 - 55:24) you very much. [Speaker 7] (55:24 - 55:25) Thank you. [Speaker 11] (55:25 - 55:29) And that's a, that's a area, as you know, is heavily regulated by, by the [Speaker 7] (55:29 - 55:30) By the state at the state [Speaker 11] (55:30 - 55:30) and, [Speaker 7] (55:30 - 55:30) level [Speaker 11] (55:30 - 55:30) and [Speaker 7] (55:30 - 55:30) and there's [Speaker 11] (55:30 - 55:31) federal [Speaker 7] (55:31 - 55:31) no [Speaker 11] (55:31 - 55:31) regulations. [Speaker 7] (55:31 - 55:32) waivers for that those state regulations. [Speaker 7] (55:33 - 55:38) And there's no way the state would allow us to create affordable housing with very concerning. [Speaker 7] (55:38 - 55:41) environmental conditions that weren't appropriately addressed. [Speaker 2] (55:45 - 55:45) All right. [Speaker 2] (55:47 - 55:48) So if there's no further questions, [Speaker 5] (55:50 - 55:52) Should we close the public hearing then? [Speaker 2] (55:52 - 55:52) close the public hearing. [Speaker 5] (55:52 - 55:53) I'll make [Speaker 4] (55:53 - 55:53) We [Speaker 5] (55:53 - 55:53) a motion. [Speaker 4] (55:53 - 55:54) have another. [Speaker 2] (55:54 - 55:56) Oh. All [Speaker 3] (55:56 - 55:56) Sorry, [Speaker 2] (55:56 - 55:56) right. [Speaker 3] (55:56 - 55:58) one last question. [Speaker 2] (55:58 - 55:58) Yep. [Speaker 3] (55:59 - 56:04) So when the whole Clover move goes or the planning goes into effect, [Speaker 3] (56:05 - 56:11) how will we as neighbors have its input or be informed of the actions taking place? [Speaker 3] (56:13 - 56:13) So [Speaker 2] (56:13 - 56:40) For the so there will be no if you're asking about like public hearings on the culvert there won't be the that process will be done through this through any sort of town improvement project that is would normally be done so they will take bids and they will choose a contractor and that contractor will do the work but if you want to follow up on sort of the design phase of that I'm guessing that you could follow up with with Christian Marzi on that is that true for [Speaker 2] (56:40 - 56:44) If they wanted to hear about the design phase before it goes out to bid. [Speaker 12] (56:44 - 56:51) Absolutely. And just now Christiana and I were just discussing just quickly to say that we'll most likely create a project page for this project, [Speaker 12] (56:51 - 57:03) similar to as we have done in other projects so then residents are able to take a look at sort of where we are and maybe it could be a great place for repository of information and others. [Speaker 2] (57:03 - 57:04) Great. Thank you. [Speaker 3] (57:05 - 57:16) And I understand that Beneath Breath did some soil studies. Does that include the soil that's going to be removed during this culvert extraction or relocation since it's on the same property? [Speaker 2] (57:18 - 57:32) The so well if there's soil studies required for moving the culvert those would be part of that will be part of the design process and part of the bidding process for that so all of that will be on that portal when it [Speaker 2] (57:33 - 57:42) when it's up and running for from a portal but what would you call that the the same way you access this information there'll be another folder with information about this project. [Speaker 3] (57:46 - 57:47) Okay, thank you. [Speaker 2] (57:47 - 57:47) Thanks. [Speaker 4] (57:48 - 57:51) Okay, I'm going to make a motion to close the public hearing, [Speaker 4] (57:51 - 57:52) I think we ought to do a roll call. [Speaker 2] (57:53 - 57:54) Alright, can I get a second? [Speaker 5] (57:54 - 57:54) Second. [Speaker 2] (57:55 - 57:56) Alright. Tony? [Speaker 4] (57:57 - 57:57) Aye. [Speaker 2] (57:58 - 57:58) Michelle? [Speaker 7] (57:58 - 57:58) Aye. [Speaker 2] (57:59 - 58:00) Heather, I, [Speaker 2] (58:00 - 58:00) Mark and [Speaker 5] (58:00 - 58:01) Hi, [Speaker 2] (58:01 - 58:01) Susan. [Speaker 5] (58:01 - 58:02) and [Speaker 2] (58:04 - 58:04) Alright. [Speaker 5] (58:05 - 58:25) I'm going to make a motion to approve petition 2515 by BBH Community Development LLC requesting a comprehensive permit under Mass General Law Chapter 40B to construct 41 units of rental housing for seniors and older adults. [Speaker 5] (58:26 - 58:29) With the veteran preference at 10 Ocean, [Speaker 5] (58:29 - 58:30) New Ocean Street, [Speaker 5] (58:31 - 58:32) and 12-24 Pine Street, [Speaker 5] (58:33 - 58:37) and further making findings [Speaker 5] (58:39 - 58:52) and conditions and waivers as found in the decision on comprehensive permit application that was submitted with a date of February 10, [Speaker 5] (58:52 - 58:53) 2026. [Speaker 5] (58:54 - 59:02) with the modifications that were discussed tonight to paragraph on page 19C, [Speaker 5] (59:04 - 59:05) C1A, [Speaker 5] (59:05 - 59:15) change from 30 days to 45 days, and to reinstate the redlined C1 in its entirety. [Speaker 5] (59:27 - 59:27) And I think that's what [Speaker 2] (59:27 - 59:28) I Maybe [Speaker 5] (59:28 - 59:28) have. [Speaker 2] (59:28 - 59:31) just in any other changes agreed to. [Speaker 5] (59:31 - 59:34) In any other changes that were agreed to tonight by [Speaker 2] (59:40 - 59:41) And I think that's all I need. [Speaker 1] (59:42 - 59:43) All right, do you have a second? [Speaker 3] (59:43 - 59:44) Second. [Speaker 1] (59:44 - 59:46) All right, all in favor. Susan. [Speaker 4] (59:48 - 59:48) Aye. [Speaker 1] (59:49 - 59:49) Tony. [Speaker 2] (59:49 - 59:49) Aye. [Speaker 1] (59:49 - 59:50) Michelle. [Speaker 3] (59:50 - 59:51) Aye. [Speaker 1] (59:51 - 59:51) Mark. [Speaker 2] (59:51 - 59:51) Aye. [Speaker 1] (59:51 - 59:52) Me. [Speaker 1] (59:52 - 59:53) Aye. [Speaker 1] (59:54 - 59:55) All right. Thank you. [Speaker 5] (59:58 - 59:59) Thank you very much. Appreciate the [Speaker 2] (59:59 - 1:00:00) Motion [Speaker 5] (1:00:00 - 1:00:00) opportunity [Speaker 1] (1:00:00 - 1:00:00) Thank [Speaker 2] (1:00:00 - 1:00:00) to adjourn. [Speaker 1] (1:00:00 - 1:00:00) you. [Speaker 5] (1:00:00 - 1:00:01) to work [Speaker 1] (1:00:01 - 1:00:01) Very [Speaker 5] (1:00:01 - 1:00:01) with much. you. [Speaker 1] (1:00:01 - 1:00:02) So moved. [Speaker 1] (1:00:03 - 1:00:04) All in favor? [Speaker 2] (1:00:04 - 1:00:04) Aye. [Speaker 1] (1:00:05 - 1:00:05) Aye. [Speaker 1] (1:00:05 - 1:00:06) Susan? [Speaker 2] (1:00:06 - 1:00:08) All right, good luck with the project. [Speaker 1] (1:00:08 - 1:00:09) Good luck. Thank you very much. [Speaker 5] (1:00:09 - 1:00:09) Thank you. [Speaker 2] (1:00:09 - 1:00:10) Paul, [Speaker 2] (1:00:10 - 1:00:11) thank you very much. [Speaker 1] (1:00:11 - 1:00:12) Yes, thank you, Paul. [Speaker 5] (1:00:13 - 1:00:14) Pleasure. Thank you all. [Speaker 5] (1:00:15 - 1:00:16) Pleasure working with you. [Speaker 1] (1:00:16 - 1:00:17) Thanks, Paul.