Planning & Zoning Commission - Regular Meeting

Tuesday, September 8, 2026

The Darien Planning & Zoning Commission held a public hearing on September 8, 2026, reviewing several applications including site plans, special permits, and subdivisions.

About this meeting

Government Body
Planning & Zoning Commission
Meeting Type
Planning & Zoning Commission
Location
Darien, CT
Meeting Date
September 8, 2026

Transcript

983 sections

0:01 – 0:28Speaker 16

Good evening, everybody. It is about 7 o'clock. We're going to get started. Thank you. Tonight's Tuesday, December 8th. We have a playing, zoning, public hearing, and general meeting. We're here in room 206, and it is Purdue night because I have a Purdue shirt on, and they won the football game, and I'm going out there next weekend to watch another football game. Unlike Michigan? No, against. They're playing Big Forest.

0:28Speaker 9

No, I said unlike Michigan.

0:30 – 1:29Speaker 16

Exactly. So right to the public hearing. I'm going to read the first one in the first heading into the file, but it's going to be continued. So the first item on the agenda for public hearing is continuation of public hearing regarding special permit application number 39-0 site plan, also known as PL 26-95, St. Luke's Episcopal Church at 1864 Boston Post Road. We opened the hearing on July 28th. It was continued to September 8th, which is today, but it's going to be immediately continued to October 13, 2026. If anybody's here for St. Luke's, which is really they're moving their school and parking lot around. We're going to continue that one until next time. Okay, anything else you need to say on that one, Coach?

1:31Speaker 18

No, you're all set.

1:32 – 2:26Speaker 16

Fantastic. The next item on the agenda is continuation of public hearing regarding landfilling and regrading application number 603, also known as PL 26-131, Thomas O. and Sandra Holm at 64 Gardner Street. Proposed to regrade the property in association with the construction of a replacement single-family residence with stormwater management and perform related site development activities. The 0.51 plus or minus acre subject property is located on the southeast corner formed by the intersection of Gardner Street and Pleasant Street and shown on the system number 45 as lot 121 in the R1 third zone. The public hearing was open last week on September 1st and continued today, September 28th, 2026. Fred, what do we got?

2:27 – 5:40Speaker 18

There's been a good deal of back and forth since the last hearing on this matter last week, last Tuesday. Joe Canis, our peer review engineer, reviewed the applicant's revised materials that were uploaded the evening of that hearing, September 1st, and issued his sixth memo dated September 2nd with several remaining clarifying questions and concerns relative to stormwater. Rob Sandello of Mueller Engineering then issued a September 4th response with revised plans that introduced a new boulder wall and revised grading south of the proposed parking court along the southerly property line that allows for a more substantial swale in that area. A revised landscape was also issued and submitted for the record by Environmental Land Solutions that removed the arborvitae plantings along the southerly property line that were proposed to be planted within the swale. So those were removed to remove that concern. Brian McMahon of Redness and Mead, the applicant's neighbor's engineer, reacted to the revised plans on September 4th, noting a slight driveway encroachment from the Glick property to the south into 64 Gardner and recommended that the boulder wall be modified slightly to avoid the driveway. Wilder Gleason sent an email for the record dated September 4th, noting that the revised plans for the above property are acceptable to my clients, provided no portion of the boulder wall is located on the Glick driveway. And with that stipulation and understanding, my clients, the Glicks and the Gleasons, accept the plans. And then on September 8th, today, Joe Canis submitted his seventh memo on this application. He notes that, The grading has been revised and a boulder wall is proposed near the southerly property line to provide a wider swale. We understand that the driveway of the property line to the south may encroach into the subject property. As a potential condition of approval, a field adjustment to the proposed wall is necessary. The swale width shall remain as proposed and the grading to the north be revised to accommodate the swale. Tonight, Bob Maslin is here with his team to provide some added context.

5:42 – 6:13Speaker 15

Welcome, Bob. Good evening. Robert Maslin representing the applicants. With me, Rob Sandilow, the engineer. Victor Mayo, the architect. The owners are out of state on a pre-scheduled venture. Joe Canis is here. Fred did a pretty good job, so if anybody has any questions. No, I'll run through these quick, but we have everything worked out. These are, oops.

6:15Speaker 16

I've got a couple questions that someone might want to answer.

6:22 – 8:19Speaker 15

Go ahead. You want just to zip through these? Remaining issues, capacity of the swale. between the, we're talking about, I'll show you on the plan in a minute, between the parking area and the southerly boundary. Somebody raised a question about the Arborvitae being planted in the swale. That was, I think Matt Pop put the Arborvitae there, not realizing he was planting them in the middle of a swale. So those are gone. Erosion control blanket, yes, that's Joe Canis and we've added that. And the plans have been revised accordingly. And so, as Fred mentioned, the grate adjacent to the parking court is raised and there's a little boulder wall there. Reduces the slope. It slows down the velocity of surface runoff. And we now have a profile view in the plan. And as I mentioned, the arborvitae are gone. Sign-offs. The applicant's engineer made a final response memo, which dealt with, addressed the last memo from Joe Canis, groundwater elevations, boulder wall added to the plans, calculation for the swale, erosion control blanket, and then from the 60 Gardner Street owner, which is Wilder's, Client of Boulder Wall is acceptable and we will talk about that. I'll show you what that encroachment is. It's really minimal. And then Joe sent an email, no objections here, and that's the rest of his email, but he now has a memo that Fred read from. signing off on everything.

8:19Speaker 18

File? I didn't see it. Yes, it was uploaded to the file.

8:23Speaker 15

Was it uploaded about 5 o'clock today or so? He just issued it.

8:27Speaker 9

I don't see anything after 2.30 in the file. It should be there. We can take it. If it's in there, it's in there. You're still not connected.

8:39Speaker 15

So I'll zip through this in the interest of time, but Rob is here if you want to. I'd rather have him do it, no offense.

8:47 – 10:02Speaker 16

I like engineers, not lawyers. But I do have one question to start with. I mean, I go by the property again. It's still filled with water. You guys are teaching me the difference between groundwater and rainwater. That's a new one on me. So my question is, is the trap rock gonna be filled to the height of the water where it is today are we gonna have a basement that floods and if the basement that floods like we did once before on either man's field or brookside i forget they flooded it flooded on purpose we knew about it but where you come in is that house had to have a generator and the generator needs a pad so if you have to have a generator you need to have a pad for the generator, which affects your lock coverage. And then with that said, if you're raising the height of the basement to get it to have the water in the ground and not in the basement, does that affect the ceiling height of the basement and affect the overall height of the house? Because that's going to bring in the mayo because he designed the house.

10:04 – 10:20Speaker 22

So for the record, Robert Sandola, licensed professional engineer in the state of Connecticut. So first question was, if we're bringing gravel, trap rock to the basement elevation, where's water relative to that? There's water there today.

10:20Speaker 16

I'm assuming that's groundwater.

10:23Speaker 22

It's a mix of groundwater and rainwater.

10:25Speaker 16

But it didn't rain yesterday here. Did it rain yesterday here?

10:32 – 11:23Speaker 22

And the issue with the water in the hole is that that hole is probably not infiltrating much at all because it's collected silt at the bottom of it at this point. So that hole will be backfilled with gravel or trap rock. and the finished basement slab elevation is 54, so that will bring us up to, you know, gravel's gonna get filled to elevation 53 plus minus, and that puts the entire finished basement above groundwater so once we fill that hole with gravel you're not you'll see gravel you won't see groundwater anymore and the finished basement will be out of groundwater and the whole reason for that is so we're not pumping constantly that's the whole reason we brought it up right yeah that's i mean that's just to reflect that's what they did on man feeling purpose they did it below the

11:23Speaker 16

Yeah, we don't want that here.

11:25 – 11:36Speaker 22

So we've, over the course of this whole project, we've raised it a couple of times to finally arrive at 54 where we're comfortable that we're not going to have a groundwater issue in the basement.

11:37 – 11:50Speaker 16

Okay, so the architect's plans have been updated to reflect the proper basement ceiling height and the basement height, height, height of the house. Yes. So it matches the midpoint of the eave matches it, right?

11:50Speaker 22

Correct. So what we did when we, the last iteration of raising the basement slab, we held the first floor elevation. So we originally had nine foot clear in the basement.

12:02Speaker 16

We talked about this lesson. Now the basement clear is something different.

12:05 – 12:29Speaker 22

Now the basement clear is eight feet. So we went from an elevation of 53 in the basement to 54, but we held the first floor elevation, so we shrank our clear height in the basement. And then the last time we updated our average grade calculation, we landed at a building height of 29-1, I want to say. 29-1. 29-foot-1-inch. So we've actually.

12:29Speaker 16

Last week it was 29-10, I think. We can double-check.

12:33Speaker 22

I'm pretty sure it's at 29-1. It is. It is, 29-1. So we may have misspoke last week, but it's 29-1.

12:43Speaker 16

I sold off the plans. This plan doesn't say what it is. But did we change the average grade of the site?

12:52 – 13:18Speaker 22

In the proposed condition? Yes, so the proposed grading does change the average grade. The existing average grade controls when measuring the building height, because we can only go from existing average grade plus one. So that's the number that's controlling the height. If we were able to use the proposed average grade, we could probably go higher, but we're limited to the existing average plus one.

13:18Speaker 16

Okay, so according to all you guys, it all checks out.

13:22Speaker 15

I made sure.

13:24Speaker 16

I'm just making sure, because I know something's got to shrink. I mean, we've been doing this with Baywater for years, and those guys used to shrink in the building.

13:31Speaker 22

Because I don't exceed the height. So Nick DeMeo, the architect.

13:35 – 13:59Speaker 24

Nick DeMeo, the architect on the project. So yeah, so Rob's correct. We took a foot out of the basement height. And then I also went through the exercise of changing all the roof pitches. We had to bring everything down about a foot. We revised the dormer on the front of the house. So it's now kind of pushed in as opposed to before. It was more of like a shed. So we had to go through all that as well.

14:00Speaker 16

But are we raising the grade of the property in the last two weeks? No. Because of the land filling and regaining application? No.

14:07Speaker 22

Oh, no. Not from what you've said? Not from anything you've already seen.

14:11Speaker 15

Okay. Just where the parking is, it's up a little bit.

14:16Speaker 22

Yeah, where the swale in question, that grading got revised a bit, but that area didn't affect the average grade at all.

14:22Speaker 16

Okay. Okay, keep going. Those are my major questions. Just keep going with your presentation. I'm sorry.

14:28 – 14:45Speaker 22

What was the next part of that question? The generator. The generator. So speaking with the clients, their approach to this is going to be like a portable generator, nothing permanent. So no pad. That was the last conversation I had with them.

14:46Speaker 16

That's fine. That's what I got.

14:48Speaker 22

I think that was all you had.

14:50Speaker 17

Can you talk a little bit more about the exterior pump that you have planned?

14:56 – 16:08Speaker 22

Sure. So The exterior pump pit is located right there, the northeast corner of the footprint. The house will have footing drains just like any other and very likely under slab drainage too. All of those footing drains will be connected to this manhole. So all the groundwater that those footing drains collect up will be routed to that manhole where the pump is located. It'll pump groundwater into this Coltec system. where it will then infiltrate back into the ground and flow through the side yard area. And it's, you know, that's the natural flow path of this site. So we'll re-infiltrate groundwater there where it can continue to flow. And then in case where this system couldn't keep up or, failed for whatever reason or got backed up or something got clogged the overflow of that system which we don't anticipate ever overflowing is connected to our level spreader outlet in the southeast corner here okay is that a commercial grade pump So we've got a duplex, I think, half horsepower pump proposed, like typical submersible.

16:08Speaker 17

A typical one that you buy on the basement as opposed to a heavy duty?

16:12 – 16:23Speaker 22

Well, it's a heavy duty. It's a half horsepower submersible. And we're speccing a duplex. So in case one fails, it alternates between two separate pumps.

16:23Speaker 17

And you don't think that you need an automatic generator in this scenario with this water cable?

16:31Speaker 22

Also, our basement and the pumps are going to be above the water table. They're really there as belt and suspenders, a fail-safe.

16:42Speaker 16

Everybody's basement floods in town.

16:45 – 17:10Speaker 22

So we're two feet plus or minus above groundwater with our basement here. So that pump will be set to only turn on if groundwater surges to just below the basement slab, which shouldn't occur very rarely, I'll say. A large storm might get a temporary surge or something like that. But the groundwater table is below our slab elevation. So theoretically, it shouldn't turn on much.

17:11 – 17:35Speaker 17

and you have in your maintenance plan a plan to make sure you're cleaning that particularly post construction i just have i know personal experience of these exterior pumps and they they need servicing in a regular basis sure absolutely um right so we have a maintenance plan um that prescribes maintenance for all these components that are proposed um

17:36Speaker 22

And then the other thing is, oftentimes with a pump, it can be fitted with a battery backup. That's something that can be fitted with as well.

17:47 – 18:05Speaker 16

What's the date of the most current survey with the zoning text box? Mine's August 6th. There's been a million changes since then. That sounds right. Just so you know, I never heard it before, but it's an exterior sump pump.

18:05Speaker 17

Yeah, I had one personally at a new construction house. Yeah, and you need to service those. Yeah, just like people, it's got to be serviced.

18:14 – 18:27Speaker 22

That's the first one we've heard. I would... I'd say exterior is better than interior because the idea is you're not putting a hole in your slat for water to come up through.

18:28Speaker 16

Okay, so what's the date of most current survey? I'm looking at this one, which is all season survey.

18:35Speaker 22

That's all right. August 6th sounded right. I wonder if I can go back here.

18:40Speaker 16

When did the height of the house and all that stuff change? It sounds like Nick did it like two weeks ago.

18:47Speaker 15

Yeah, the height in the house. Yeah, because this is 29.8 feet. You're talking 29.1 this morning, or five minutes ago. Yeah, so the height on this survey

19:07 – 19:25Speaker 22

hasn't been updated so our height was updated as recently as right before the september 1st hearing we worked out our height and this is from august 6th so right we need a new service we can get you a new survey i'm sure but we can sell closely hearing right yeah it would be a correction yeah yeah

19:26 – 19:39Speaker 18

Bob, didn't that have to do with the location at which the ground elevations were taken relative to the foundation, and then they were redone closer to the foundation?

19:39 – 20:11Speaker 15

There were two points. The earliest of the two was calculating building height with more of a shed-style dormer in the attic level. The second issue was where you measure average grade. It went from six feet around the foundation to right up against the foundation. So we revised the average grade calculation here.

20:16 – 20:28Speaker 16

Which is all fine and good. I just want to make sure when you guys go for your billing permit that everybody signs off it. If the average grade is wrong and the height of the house is wrong, then you're SLO.

20:28Speaker 15

The only change was taking off the dormer by pushing it in so there's no eve.

20:33Speaker 16

I get that, but that's after this, right? This is the sixth.

20:39 – 21:40Speaker 15

Right, but that's a different... Bottom line is, for IRVE to sign off on a zoning permit, they're going to have to have an accurate zoning location survey. But substantively, what's been done with the average grade calculations doesn't really require a change in anything but the table on the survey. Agreed. That's really it. Agreed. And the elevations that are on the current plan do show the the elevation, which is, I believe, in here. Yeah, it's in here. They're along the left side of these elevations. And that's Copasatic, guys? Yeah, that's right. All set. Okay, answer that. Yeah, I just want to make sure you got it right. No, I got it. I knew you were going to ask. We're not looking at it.

21:40Speaker 16

You're just telling us. Yeah, exactly.

21:43 – 22:01Speaker 9

No, you're missing a different thing. You got a wrong survey. You got wrong maps. You know, there's missing Candace's memos. We're on memo seven. The file only has up to memo four. Like, you know, generally it's a little more buttoned up.

22:02Speaker 15

Especially for you, Bob. Go ahead, sir. I'm sorry. Well, we don't usually get seven memos from Joe Canis either, so.

22:10Speaker 16

Joe's pretty good. He's on our side, too. Don't throw him under the bus.

22:15Speaker 22

I think I answered all the questions you asked.

22:17Speaker 16

Do you have anything else to add?

22:20Speaker 22

I don't think so.

22:20Speaker 16

Do you want to go over the boulder wall?

22:23Speaker 9

I can cover, if you'd like, I can talk about the boulder wall a little bit. What's the deal with the boulder wall encroaching on the neighbor's driveway?

22:30 – 22:41Speaker 16

But the neighbor's driveway flares past the property line of the house according to the left that's in the front yard. So he's got Belgian blocks in the right-of-way that go on.

22:41 – 23:59Speaker 15

All right, let me just explain how. Yep. The encroachment is 4 tenths of a foot, 4.8 inches. Okay. Yep. It diminishes as you head along the southern boundary 24 feet to zero. Yep. So that's a sliver that starts out about like this and then tapers down to zero. That's fine. The edge of it this encroachment is basically the Belgian block edge on the driveway. And that's the extent of the encroachment. And I'm not sure how accurate that is because there are old maps, there's two corner markers here that are a foot and a half apart. There's a drill hole here that's new, but I think there's old markers that somehow got lost. There's an iron pipe somewhere down here that's gotten lost.

24:01Speaker 16

But it's the neighbor's driveway.

24:02Speaker 15

Minimal, minimal.

24:04Speaker 16

Right, but it's the neighbor's Belgian block driveway encroaching on the subject property.

24:09Speaker 16

If you guys are fine with it, we're fine with it.

24:10Speaker 15

Oh, Wilder and I are going to work out an easement.

24:12Speaker 16

That's fine.

24:13Speaker 15

And, of course, we're not going to put the boulders on the Belgian block.

24:17Speaker 16

Because there's a tree there today. There's a humongous tree there.

24:21Speaker 15

There's a tree in the corner. More like over here.

24:25Speaker 16

I would argue with it, but I'm not going to argue with it. Okay, that's fine. All right. You okay?

24:34Speaker 17

Is there more public testimony? We're going to go with Joe Canis first. I'd like to hear from Joe.

24:39Speaker 16

And then... The tree's right next to the... The tree's right next to the Belgian block.

24:45Speaker 9

Are you taking that tree?

24:46Speaker 15

Well, the tree's down here, but the Belgian block starts here.

24:50Speaker 16

Right, but the Belgian block, you can see it. It's on the survey. It's right there. It flares all the way into the right-of-way.

24:55Speaker 15

Right here. Right here's the corner.

24:57Speaker 15

And then it flares in.

24:59Speaker 16

A few feet. But that's town property. Okay, you're good, right? Do you want to hear more about the... No, I want cameras.

25:10Speaker 16

The Belger block's in the town right away. Who cares?

25:13Speaker 15

Well, that too, yeah. It extends. Great.

25:17 – 25:32Speaker 16

Joe's on a survey, and Joe's in real life. Joe, you're up, brother. Now, in this scenario, Joe, there's three engineers. There's the Hopkins engineer, there's you, and there's the Butters engineer. You're the most important one.

25:34Speaker 15

So as long as you're happy, there's your profile.

25:38Speaker 16

As long as you're happy, we're happy because you work for us.

25:43 – 26:44Speaker 11

Okay, for the record, Joseph Canis, I'm a licensed professional engineer in the state of Connecticut, principal engineer with Ty and Bond, retained by the commission for the review of the application. Since our hearing on September 1st, I had an opportunity to review the August 31st materials that were submitted by the applicant. which caused me to generate memo number six, dated September 1st, which basically said, you're moving in the right direction, but we still need some additional data. And since that time, the applicant revised their plans. I believe plans were updated on September 3rd. I had, in response, I issued memo number seven, which basically says, I'm okay with everything, but I did recommend the condition of approval regarding the width of the swale. And the reason for that is that it's important for the conveyance of runoff, provides protection to the property of the south.

26:44Speaker 16

So you issued memo seven today, right?

26:47Speaker 11

That's correct.

26:47Speaker 16

Okay, that's fine.

26:48Speaker 11

Yeah, I spoke to Fred on Friday and sent out an email. And as I was driving around today, I'm like, I probably should issue a memo on that. So I just closed it.

26:57Speaker 17

What's the detail on the swale that specifically you are recommending?

27:01 – 27:20Speaker 11

Well, it's the same with us on the plans that are shown today. So if that wall has to shift north to avoid the driveway or if there's some difference in the survey and what's out in the field, just maintain that existing width. I don't think the width is defined.

27:20Speaker 9

So don't eat into the swale if you've got to move the wall a couple inches, basically. Right. Move the swale as well.

27:26Speaker 11

Exactly. They'll move them in parallel.

27:28 – 27:40Speaker 17

And are you comfortable with the... the sequencing of pump to front chamber, overflow to back cultics. Are you comfortable with that sequencing?

27:40 – 28:05Speaker 11

Yes. And the reason why I'm comfortable with that is, as Mr. Sandel has said, this pump chamber system is more of a built-in suspenders type of arrangement, right? Because the groundwater, you know, high-season groundwater would be a foot below the slab. But if somebody, you know, who's had their basement flood, I would definitely, you know, wants that extra protection just in case.

28:06 – 28:26Speaker 17

Any additional restrictions you think on the site based on the size and placement of future purchasers of this property should understand your, should never do X. Fill in, if it's applicable.

28:27 – 28:41Speaker 11

Well, it limits what you can place over the system, right? So that any future, the owner or future owners will be cognizant of that location. But it's really no different than knowing where your septic leaching field or something like that is.

28:41Speaker 17

It's no different than any other property?

28:42Speaker 11

There's nothing more on that property?

28:46Speaker 16

I don't think there's anything. There's 33. There's 25.

28:50 – 29:07Speaker 11

There's probably more maintenance elements just because of the number of different systems. You have the pump. You have the two call techs. You have the swale. And you also have the parking court as well, that driveway. So it's more maintenance. But it's not something that we haven't seen before the commission in the past.

29:12Speaker 9

If they were to future put in a generator and put in a pad, that's not going to put them over the coverage.

29:17Speaker 16

No, the coverage is 16.

29:21Speaker 9

The biggest thing would be if a future person can't pave the driveway. The driveway has to stay permeable. That's the biggest thing.

29:30Speaker 11

Or they would have to install a new system. Yeah, or do something different. But they couldn't just pave it out, right?

29:35Speaker 9

Yeah. That's the number one thing is the driveway.

29:42 – 29:54Speaker 16

And then, I mean, my thing earlier was the whole area, the whole property for the kids to play baseball in the back yard. Except that you're playing on top of the co-tax, right? Yeah.

29:54Speaker 11

Well, this is semi-flat. You know, you could do a little something there.

29:59 – 30:12Speaker 16

It'd be a little... Anybody else we want to hear from? Joe Cass was important, right? You good, George? Okay. Anybody in the general public like to speak to this application? Mr. Gleason, welcome, sir.

30:17 – 30:48Speaker 6

to work things out. It really made a difference. Brian McMahon is fine? He's fine with it, but there's two concerns. One is, as you indicated, maintenance of that porous asphalt is critical. And the other thing is, there should be no filling or changing of the grades of the swale. Because otherwise it just doesn't function, and I think that should be a condition. And we'd also like, if you could, to stipulate that the boulder wall will not be placed upon my client's driveway.

30:49Speaker 16

Okay. We have to just make sure that nobody in the future takes out this way.

30:58Speaker 6

And then you guys will have an enforcement.

31:00Speaker 17

That's why I asked the question. Is there anything on record that we need to be putting on for future purchase?

31:06Speaker 6

We worked long and hard to get this bigger swale, deeper swale moved away from the property line. And we're happy with that now. We don't want to see it change.

31:15Speaker 16

Somebody 20, 10 years and I'll put in a vegetable garden.

31:19Speaker 6

Yeah. I mean, someone will put a vegetable garden in there and we'll want you guys to. Brad Glick would want you guys to come out and say, that's not possible.

31:28Speaker 16

I will not be here.

31:30Speaker 6

That's not a job.

31:36Speaker 16

Okay. Anybody else want to speak to this application? Okay. You all set, Bob? I guess. We want to close this thing.

31:45 – 32:27Speaker 15

Oh, yeah. Yes, please. Thank you. Those conditions are okay. I just know for... to address those concerns about the swale and what happens. A couple of things happened here. Notice of drainage maintenance plan goes on the land records. The special permit itself goes on the land records. So those are two things that... future owners and don't be bound by it.

32:27Speaker 16

I would make Mrs. Barsanti happy and make sure that that exterior sump pump gets maintenance twice a year.

32:34Speaker 17

At least the first year of the construction.

32:36 – 32:52Speaker 15

And maybe it's a question of making clear on the notice of drainage maintenance or maybe both documents reference the maintenance plan and the site plan and a requirement that it be maintained as approved.

32:53Speaker 16

Because we can solve on the land of a maintenance plan that's in the P&C's office file. We haven't seen the maintenance plan, but eventually you'll see it.

33:02Speaker 12

People come to our office and say, I'd like to see the plan for whatever address, and we're able to pull the file and say, here it is. Here's the opportunity. Is there gas in this house?

33:13 – 33:29Speaker 9

Pardon? Is there gas lined to this house? I don't think so. I didn't see any proposed propane tanks on the plans either, right? So you're not putting in propane tanks at this point? And we do have a new regulation or relatively new regulation about screening. Yep.

33:30 – 33:46Speaker 16

That's a little bit more arduous on a corner line You have a 30-foot problems a gas tank below grade at my house All right, thank you very much motion because I got a motion on the table again a second on the beer Thank You

33:55Speaker 1

But it's a half-an-acre piece of land.

33:59Speaker 15

It's required.

34:01 – 35:10Speaker 16

It's a 30-acre zone, but the hammock is light. Yeah. Okay, next item on the agenda is continuation of public hearing regarding business life planning application number 186Gs in George, special permit, also known as PL26-82, Image Studios, Darien and 800 Post Road, proposed to establish a new salon suite providing 34 studios to salon professionals in a 6,564 square foot second floor of the building. The 1.175 plus minus acre subject property is located on the southeast corner form by its intersection of Boston Post Road and Cedric Avenue and is shown on assessment number 71 as lots 1, 2, and 17. in the Central District CBD Zone. The public hearing opened on June 9th and continued July 7th, July 14th, and September 1st, and tonight, which is September 8th, 2026. I think we have to close this hearing tonight, or we ran out of time.

35:12 – 35:28Speaker 18

That's correct. We're out of extensions on this one, so yes, the Commission will either need to close the hearing tonight or direct the applicant to withdraw the application and resubmit at a later date.

35:31Speaker 16

Ms. Zabotakis, welcome.

35:32Speaker 13

Good evening. Thank you very much.

35:34Speaker 16

Just for the record, I think George Riley is recused on this, correct? Yes. All right, so we have four commissions.

35:40 – 36:38Speaker 18

Just before Ms. Zabotakis gets started, I would just like to note for the record that the commission did hold this matter open and continue it to this evening to allow for the applicant to complete a parking study which has been completed by SLR. That's dated August 26th. And the commission hired H&H, Greg Del Rio of H&H to peer review that report. Mr. Del Rio submitted his peer review a day or two ago in an email and then formalized it in a formal letter from H&H that was uploaded to the record, uploaded to the application today, September 8th. So, Amy?

36:40 – 37:14Speaker 13

Amy Zabotakis, Ruchi Law Group, here on behalf of the applicant, Mosh Up One LLC, which is doing business as Image Studios, Darien. Also joining me tonight is Mike Levy, who is representative of the building owner with his attorney, Attorney Maslin, as well as David Sullivan from SLR International, who performed the parking study, which you received on August 27th. Yes, you received his report, correct? Sorry, I thought I heard no.

37:14Speaker 3

Well, I'm not sure about the date. The date of the memo. The date we received him, I believe, is this afternoon. 5.05 p.m. Yes, thank you.

37:23Speaker 13

Well, 5.05 is when you would have received H&H's peer review.

37:26Speaker 3

Well, that's when we got them all, so that's why we're reviewing right now. Thanks.

37:30Speaker 13

Okay. My apologies.

37:31Speaker 16

That was supposed to be sent out to you in August. You sent a letter in today, too. Correct. Asking for a 27%.

37:38 – 37:50Speaker 13

Just clarifying what the request was, yes. Yes. And I have a, if you, I do have a printed out copy of my letter since I know that just came in late that I can provide if that's easier for you all. That'd be great.

37:50 – 38:01Speaker 16

Do you have four of them? Yep. Cool, thank you. I got a beginning question for you, but that's okay.

38:03 – 39:57Speaker 13

So I'm not sure that, it's been a while, but I don't know that you need me to go over the actual application itself. As we discussed, this was for individual beauty studios on the second floor at 800 Post Road. i think the main issue of concern was the question of parking availability of parking so since we were first in front of you we've spoken with the building owner reviewed in greater detail the square footage of the building allocated to each tenant and also had the parking study performed by slr I think the most important thing that I can sort of give you aside from the experts' reports is that it became pretty obvious that the problem that people were seeing sort of somewhat anecdotally in this lot was actually illegal usage of the lot. The first thing that happened when we reached out to the building owner is they began to actually monitor this parking lot. We determined that the Dairy and Fire Department had sort of taken over some spots that were not theirs to be used. They've now re-striped those spots. It's clear that those spots are for 1-800 Post Road. The fire department does still have a shed taking up two of the spots, and they have said that they will move that. The building owner is not, you know, they don't have a good relationship obviously with the fire department, so we're not pushing them on that, but they understand that that needs to be done. There are 98 spots available, and since the monitoring has begun, there are far more spaces available. Just sort of, I'll say more anecdotally, all of the tenants have expressed appreciation that now they're having an easier time finding parking in the lot. As I mentioned, SLR did... You also did signage all over the lot.

39:58 – 41:21Speaker 13

Yeah, that's signage monitoring. Yeah, everything that's improved things quite a bit. So SLR's report, and I'll have Mr. Sullivan speak to you on this, but he did do parking counts in this studio as well as reviewing a studio, an image studio's location in a similar community to get real data for you regarding the parking requirements. What time was that, Amy? It was in Plymouth, Massachusetts. Sorry, I was blanking on it there. Plymouth, Massachusetts. Um, that study did determine that there is adequate parking, um, on this site. Um, the app, the, um, study was peer reviewed. The peer review also found that there's adequate parking on the site. I will note that the one area of concern was that the study was done in August. You know, we found out in late July that this was needed. So we did the count as soon as we could, which was August. Um, I know it's of not of only minimal value, but I personally went to the site today. because we're now in September at lunchtime and counted 30 open spots. So I do think that the numbers that we have from August will be able to be carried through into the fall. So why don't I let Mr. Sullivan, he's the most interesting person here, so why don't I let him speak. Can I ask a question?

41:21Speaker 16

Yes, please. How big is this space for the tent?

41:25 – 42:15Speaker 13

the the square footage on the second floor is it's the whole second floor so that's that's where I've got the 8184 you know it's it what's interesting about this building candidly is if you look through the prior approvals they're all over the map in terms of what the square footage is that's being allocated to these different spaces you know it depends on whether you include the um you know the the common areas are not do you count to the outside walls the building you know is not exactly square either so it's um i know that the prior special permit that you granted which was what our original application i followed was said that this floor was 600 6 000 some odd square feet yeah i mean the reason why i asked the question is your your profession your pup your

42:17 – 42:30Speaker 16

Legal notice calls it 5,564 square feet. And ironically, I sold this building 20 years ago to a private owner. So now we're saying that the legal notice is wrong.

42:33Speaker 13

Well, the legal notice, I think, was based on the same 6,000-some-odd square feet that was on the prior application.

42:39Speaker 16

I just want the square footage.

42:41 – 42:53Speaker 13

So, yes, I would – well, yes or no. I think that the numbers that are in my letter that dated today are the – 8,184 square feet.

42:55 – 43:07Speaker 13

So that's the full gross, includes all the common areas. I'm trying to be as conservative as possible and give you the largest space. But that's not, you know, the numbers necessarily that the leases are based on. Can I just add?

43:07 – 43:18Speaker 16

No, no, no, yeah. So we'll get to it in a second. I mean, the tenant's going to pay rent on a square footage, and that's been figured out. So me personally, I would use that number.

43:19Speaker 13

But that's not the way that the town necessarily measures parking. Because if you're measuring gross square footage, I have to go from outside wall to outside wall, which is what I'm doing.

43:30Speaker 16

I'm just doing what I would do, but yeah. Every single building's got four different sizes. I got it.

43:34 – 43:45Speaker 13

The building's got a lot of different sizes. I decided, because of the conversations we're having, I would rather give you the largest possible square footage for this space. As far as their parking space?

43:45Speaker 9

That needs the most parking.

43:46Speaker 13

Correct. So that I'm being as conservative as possible.

43:49Speaker 13

That's fine. Yep.

43:53Speaker 16

All right. SLR, you're up. Thank you. Greg Del Rio is here. There's Greg. Yep.

44:02 – 47:25Speaker 23

Thanks. Again, David Sullivan with SLR. So I guess what I'll do is I'll go quickly through the report, and then Greg had some comments, and I could give you our response to those comments, and that would be the most efficient. Okay, so the scope of what we did is... pretty basic for a parking demand. So we looked at the amount of parking that was currently being occupied out there. And at the same time, we also counted the occupancy at the mechanic street lot, and we also counted the on-street parking, just to get a picture of what's happening in the whole area. What we found in general, because we did counts on Thursday and on Saturday. Now this, when we started the study, we asked for some information, trying to understand, you know, this is not a land use that you could just look up statistics for. So we tried to get a feel for how these operate, and we were told, and the data, as I'll go through, really bears this out, that the... They have these studios within the bigger studio, so to speak, and they don't all operate at once. So there's some occupancy characteristics that need to come into play, but they're also individually operated, so they have different hours. And what we tried to find out is, well, if we wanted the worst... scenario, what should we look at? And we were told Thursdays, you could look at all day on Thursday. They open at 10 and go to, you know, 5 o'clock we count until. And Saturday morning and early afternoon. So those were our two areas where we Collected the the parking occupancy data We found out that the parking situation on Thursdays in that area is much worse than it is on Saturday So then we focus from that point on we focused our studies on Thursday The next thing we had to do is try to figure out what the demands are the the first Information we got was from a site in California that was being studied for the same purposes, and there's much more of these studios elsewhere in the country. And they had some data from three other facilities, and they gave us that information. And it gave us basically a snapshot, but it confirmed that Thursday and Saturdays were the times they looked on looked at and we looked at that information and we took that as a data point. We then thought, you know, it would be nice if we can get something more local, get something more complete rather than just the snapshots that we were provided from the California sites, which we did. So we talked it over and figured that this one particular site in Plymouth, not only would it be similar, but it also is a fairly robust one. 92% of it is leased now, which is a fairly high lease number.

47:26Speaker 16

You know there's one of these in Stanford, right? I think there's one in Norwalk, too. Yeah. I don't know why you've got to go to Plymouth, Mass.

47:35 – 47:46Speaker 13

Stanford or Norwalk. Sorry, excuse me. The Stanford and Norwalk locations are not image studios. Agreed. We wanted to actually look at the same brand. So that was why we went with the Plymouth location.

47:46Speaker 16

But McDonald's and Burger King are the same, right?

47:49Speaker 13

We felt that the parking demands for these other types of salons were not as the same as the image studio.

47:57Speaker 16

But I think we're using this for occupancy, right?

48:01 – 48:13Speaker 16

Right? Because there's 34 suites and there's 37 chairs. The parking study's got to be based upon the occupancy of the 34 suites and 37 chairs.

48:13 – 48:38Speaker 13

Right, which is what we were able to... Mr. Sullivan will continue on, but that's what we were able to determine from the usage of these image studios. The data we received was from image studios, and then they did an actual count in Plymouth, and it bears out that the numbers of the, and I think that was the 34% utilization that I gave to you at the first hearing, is borne out by the data.

48:39Speaker 16

Okay, but so no one took the time to go to Stanford or NOAA?

48:43 – 49:39Speaker 23

No, no. Let me explain. Because we did have the same conversation. And the problem with these studios is... It's not a problem. They're great. Well, the problem from a parking standpoint of these studios is trying to isolate the parking. So we can't really go to a parking lot if we don't have permission to go inside and actually count the people. That's why our study is based on people and not cars. And we just assumed every person came in a car, which is conservative, but still it's a worst-case scenario. So we had this conversation about looking at other studios. We looked at several around here and had these conversations, and we thought, well, is there an image studio that has similar, not exactly the same characteristics, that we can get permission to go inside? And Plymouth was the one that met all those criteria and allowed us to get this data.

49:40Speaker 16

Did you go to Plymouth, or you just got the information from there?

49:43Speaker 23

No, we sent people to actually count.

49:47Speaker 16

They work for SLR?

49:48Speaker 23

They are sub-consultants to us.

49:50Speaker 16

Okay. So somebody that you hired went to Plymouth? Correct.

49:55Speaker 23

New England Traffic Counts is the name of the company.

50:00Speaker 16

No, we use picture takers, too.

50:03Speaker 16

My firm uses picture takers, too, when places are out of town.

50:08 – 50:46Speaker 23

Okay. The Plymouth really gave, first of all, gave us the highest data compared to the California sites. And so we use that data and it's a little smaller than what's proposed here. They have a total of 25 chairs. Chairs is one of the, there's two independent or dependent variables, which are the chairs, and the number of studios. There's a couple of studios that have multiple chairs. So we looked at the number of chairs as one variable, and they had 25. This is proposed at 34, I believe.

50:46Speaker 16

No. It's 34 suites and 25 chairs. There's three triples. There's three triples. Three doubles.

50:56Speaker 16

So my question to you is the one that's 37, the one that's up there, how many suites is that one?

51:03Speaker 23

That one is 25 suites and 28 chairs. Okay, 28. All right, that's different.

51:07Speaker 16

Okay. So it's 25, 28. Got it. And ours is 34, 37. 34, 37. So the 34 to the 25. Yep. Yep, we got it. Three triples. Two, three doubles.

51:23 – 51:59Speaker 23

So we we made those counts and we only did Thursday because we were pretty pretty convinced that Saturday wasn't our issue here and Every half-hour we counted the number of people there and came up with a peak for their facility And then we took that and prorated it for the number of chairs and and increased it to a peak of 45 peak vehicles, which again assumes everybody that was in that building had a car.

52:01Speaker 16

Are you talking about this exhibit, table one? Is that what you're trying to get to?

52:04 – 52:16Speaker 23

Table one is the counts, the summary of the counts that we took at the mechanic street lot, at 800 Post Road lot, and at the end of street parking. So that's table one.

52:17 – 52:34Speaker 16

Okay, so in your study, what's your occupancy that you're running? You have 34 suites, 37 chairs. What's your occupancy? Or utilization, call it whatever you want.

52:35Speaker 23

So how many chairs are occupied?

52:37Speaker 16

How many fannies are sitting in the 37 chairs? Yes.

52:42Speaker 23

If we assume one fanny for each...

52:49Speaker 23

Well, and somebody doing whatever they're doing to that fanny.

52:53Speaker 16

So two people... Yeah, I mean, I can do the math. I got it.

52:59Speaker 23

Right. So two people per chair. Correct. Then we ended up with an occupancy of somewhere between 60 and 65%.

53:07 – 53:18Speaker 16

May I rephrase the question? It's a percentage. So if you're saying you got 37 chairs, you run it at 90% occupancy, you run it at 50%?

53:18Speaker 23

That's between 60% and 65% occupancy.

53:20Speaker 16

Does that say that anywhere in this study of yours?

53:23Speaker 23

It does not.

53:24 – 53:39Speaker 16

That's the whole thing. That's the whole shoot and match. Well, the shoot and match... No, you have 37 seats, right? What's the occupancy of the seats? You use the word utilization. That's what we're trying to figure out.

53:40 – 54:16Speaker 23

Well, what we did, and again, that was one of Greg's questions, which we answered, which I will answer, which is about 60 to 65% is what it is. It doesn't show up in here. We understood that the occupancy and how the one in Plymouth operates is similar in terms of their flow of traffic, their busy days, and whether they have any seasonal variations, which... They indicate they don't. And the Plymouth one was 65% occupied? Somewhere between 60 and 65, depending on...

54:16Speaker 9

But you're getting that number from the Plymouth site?

54:18Speaker 23

Yes. And it's a range because it depends on how many of their two-chair studios were used.

54:27Speaker 9

Just to be clear, the 90% means 90% are leased to people who could work there, but your 60% is what is there on any given time.

54:37Speaker 9

The utility of the capacity.

54:40Speaker 16

There's 25 suites, 92% of them are leased. Out of those 92.

54:46Speaker 3

That's what I'm trying to find out.

54:50Speaker 16

Is it 62 of 92, or is it 65 of 92?

54:54 – 55:05Speaker 3

It's 65 of 100. Okay. Got it. Yeah, he's just making an assumption that it's not leased, that they're always going to be empty plus.

55:06Speaker 16

Oh, so it's 65% of 25 suites. Not 65% of 92% of the iPod suites.

55:15Speaker 23

Well, it's 65% of suites and 60% of chairs.

55:21Speaker 17

Got it. Got it. Okay.

55:23Speaker 23

So that's why I said somewhere between 60 and 65%.

55:26Speaker 3

So your study only works with those assumptions, though, your parking study?

55:31 – 56:06Speaker 23

Well, that, and we found that these statistics were higher than the three California, We found out that the percentage that we calculated when having the anecdotal conversations were above what would be typical here. We also found out that Plymouth, on average, each suite is only open four days a week. And we also found out that each suite on a typical day has less than three and a half transactions a day.

56:07 – 56:31Speaker 16

Okay, so if you go to table four, right, at 14 o'clock, which to me I think is two o'clock in the afternoon, you've got 45 cars parked, right? If there's, to me, if there's 45 cars, there's 45 people, that means 22 chairs are full. Is that right?

56:34Speaker 23

At least. Because there could be two chairs with one provider.

56:40Speaker 16

Right, but you can do chairs or suites. It's 45 divided by two people, right?

56:48Speaker 23

Yeah, if only the one chair suites, it's 45 divided by two, yes.

56:53 – 57:09Speaker 16

Right. But then if you want to flip it to the other side, then you're going to make it bigger. Because to me, the 38, the ones with dual chairs, I would have figured that I'm waiting in one and my son's getting his hair cut in the other. Unless you're going to put two.

57:09Speaker 3

Or one's getting hair cut and it's taking a while and the other one's getting cut.

57:16Speaker 16

Correct. So there's three people in that room, not two.

57:19Speaker 9

So I don't care, I'm just trying to figure out what you did.

57:25 – 58:02Speaker 23

We prorated the Plymouth and assumed the same characteristics of Plymouth with the assumption, the one assumption we made is that Plymouth is a relatively successful facility and it would be similar to this facility and when we looked at the three other data points we had it backed up that this was a more successful facility than the three california sites we had so that's what we had to go on so your treatment limit is sort of a maximum um well as a busy day yeah which was thursdays

58:05 – 58:38Speaker 17

think anecdotally that all sounds reasonable to me because i think people inherently professionals choose to have this chair in this format because they don't want to work six days a week because they want flexibility because they want to be able to work on you know the three days in their week that works so i think all of that underlying assumptions, just based on the selection of professionals that are going to choose to work in this environment, makes sense. To me, this all makes sense. What you're saying.

58:38Speaker 23

Which gets back to how I started. They told me what they thought we would find, and that's what we found.

58:45Speaker 6

Yeah, makes sense.

58:47 – 59:46Speaker 23

We were comfortable with it. So our next step is to put the existing demands or occupancy together with the increase. And so we did that, which is table five. So to do that, we took the parking lot at 800 Post Road. and ran it for the hours it's open, 10 to five. It may be open a little bit after that, but everything is decreasing significantly. And then there's an existing user on the second floor now. So we had to estimate what that user was doing. So we had a couple of data points, but we weren't able to really segregate it. The data points we had is that they were issued some 27 parking passes, which is another thing they were doing to control the parking lot.

59:46Speaker 16

So Jannie Montgomery's got 27 parking passes?

59:49 – 1:00:29Speaker 23

Yeah, they don't use them all. And we found out from them that on a typical day, they might use, as they put it, low 20s, 21, 22 passes. And we looked at ITE, and ITE would say for an office use that it's about 15. So we took off 15 from the peak. And then we looked at what ITE says how to adjust that peak for hours to hours. So every hour that we looked at, It was either taking off a low of 11 or high of 15.

1:00:29Speaker 17

And again, you chose the more conservative route. Exactly. Versus what the current tenant is telling you. Yes. Got it.

1:00:38 – 1:01:13Speaker 23

And then we took the parking demands we had and added them back in, and we came up with a peak occupancy with all of these... I'll say conservative, but all of these assumptions. And we came up with a peak occupancy of 87, which would take place at about 1 o'clock on a Thursday. And the parking lot, of course, has 96, I believe, spaces. So we have an occupancy of 98 spaces. So again, you're 44 patrons.

1:01:23 – 1:01:40Speaker 16

That means 22 out of the 34 seats, suites, are occupied. Right, so what's 22 divided by 34?

1:01:42 – 1:01:53Speaker 3

That doesn't include any of the street parking or the adjacent No. That's a great thing.

1:01:53Speaker 16

Okay. So 87 for the 87 future demand in the 90s. Yeah.

1:02:00 – 1:02:24Speaker 23

Perfect. Okay. So now Greg had some comments, and I'll go through them quickly. The first one was, and I take full ownership of this, that we said the counts were made on July 6th and 8th. They were made on August 6th and 8th. How that got through, three of us reviewing this, I think I'm the last line, so that's me.

1:02:25Speaker 16

So it says Thursday, July 6th. That's Thursday, August 6th.

1:02:29Speaker 23

Yes. And Saturday, August 8th.

1:02:33Speaker 16

Saturday, August 8th.

1:02:37 – 1:02:50Speaker 23

He also, on that same bullet point, talks about it would be nice to have a follow-up study in September. Well, the best we could do was Amy doing a check at the peak time.

1:02:50Speaker 16

Yeah, we're closing this tonight.

1:02:54 – 1:03:14Speaker 23

But just to let you know, we did... I talked to the employment person again, the operator there, and she said they don't really have any peaking. The only peaking that's of note is around the holidays. They said the rest of the time, if people need a haircut, they need a haircut.

1:03:14Speaker 17

Yep, makes sense.

1:03:18 – 1:04:06Speaker 23

Next was to provide the parking requirements for zoning and I think Amy provided that We can go through it, but she provided in her letter This is dated today, which means as per the zoning code you require 125 parking spaces Okay, and we only got 98 so it's a legal matter for me I The next bullet was to provide 24-hour time of day analysis. We didn't do 24 hours. We did the main hours of operation 10 to 5. I didn't see that we'd come up with anything different counting the rest of the day.

1:04:06Speaker 16

So the studio is open 10 to 5?

1:04:10 – 1:04:26Speaker 23

Those are the peak hours. I don't know if there's actual Sunset time, I don't know. Okay. Well, we'll find out I would think there would be a open after if they needed to accommodate. Right. This stuff is appointment based.

1:04:27Speaker 16

Right. Because there's a restaurant on the ground floor.

1:04:29Speaker 23

Mm-hmm. Which again it doesn't open till 1130 which works nicely with the when you look at the flows of what's happening out there.

1:04:38Speaker 16

Right, but it's a dinner restaurant, so it's open after five.

1:04:43 – 1:05:32Speaker 23

Lunch and dinner, yeah. Let's see. Next bullet, backup to parking surveys at existing salons. We provided all the information we had in the report, which was the spot counts in California and the Thursday counts by half hour in Plymouth. So that was in the report. Data is available on how many chairs were open during the survey times. Again, in hindsight, I probably would have instructed the counter to count the number of doors that were open or the number of lights that were on or however it would be. We didn't and we estimated it.

1:05:33Speaker 16

You estimated 65%? 60 to 65. Okay.

1:05:44 – 1:08:37Speaker 23

Provide data on how many chairs are typically open Again to give you an idea. We're estimating 60 65 percent in the California the highest they gave nine data points two weekday and a Saturday for three different sites and the peak for the three sites ranged from 38 to 47%. So those sites that they counted out there had a much lower percentage. So I think by assuming that 60 or 65% here were probably in a good place. Backup and land use code for ITE, that's for the deduction for the financial offices there and we use land use code number 712 which is small office buildings which is an office building smaller than 10 square feet um and is the current office space fully occupied and the answer is yes the whole building is fully occupied um so then he the last thing is the table and this table um we didn't do and it's useful that um which table the last one in the pair um air review so basically he looked at all the parking in the area what's the table number it's the only table i don't think he's sick on page two Got it, thank you Yeah, so what Greg did And he can correct me if I'm interpreting this wrong, but he took the peak counts at 800 Post Road the peak counts at mechanic lot mechanic Street lot peak on street parking lot and the peak on of what we're estimating for the suites and added them together and compared with all the parking in the area where we land. And he shows us landing at about 84% of the available public parking surrounding this building. Now, he did not do the time of day stuff that we did. He, of course, assumed as we did, because our estimates were based on the one to one, Wait a second. And there was... He didn't take out the office. Oh, and he didn't take out the office that's on the second floor to come up with those 84%. So I did back of the envelope, and if you took all those factors into account, it would be more like 70%, 75% of the area.

1:08:37 – 1:08:49Speaker 16

Wait a second. I made a mistake. The mechanic street lot is a permitted lot. You can't park there. It's a permit lot that's over permitted.

1:08:49Speaker 3

And there's 98 up front? That's not right. That's 100% wrong.

1:09:05 – 1:09:26Speaker 16

I thought you were using the parking behind the building across the street that's next to Day Street probably, Mechanic Street. If there's 98 spaces in Mechanic Street, that's a commuter parking lot with permitted spaces. Not all of them, no. I don't know, but that's what they're using. If they're using all 98 spaces there, that's 100% wrong.

1:09:27Speaker 23

Well, we're not using those spaces.

1:09:29Speaker 16

It's in your study, dude.

1:09:32Speaker 23

We counted it.

1:09:36 – 1:09:50Speaker 17

Adequacy study it's in your table one Greg did and then overall macro, you know environment capacity Right, but Greg use it because you use it we counted it we didn't use it So you just throw it in for kicks

1:10:02Speaker 16

If it's superfluous information, why include it?

1:10:05 – 1:10:23Speaker 23

We don't know what the results are going to be before we do the study. So if we came up with a result that said you're short 20 parking spaces, our next step would be to locate where those 20 spaces would be. And if they were permit... and they needed to get permits, we would say you'd have to get 20 permits.

1:10:23Speaker 16

You can't get 20 permits.

1:10:24Speaker 23

Well, my point is that's why we counted them, to get a feel for what the demands are around there.

1:10:36Speaker 16

You should have asked somebody. You should have asked somebody if it's a permit law. Okay. Any other questions for you? Are you done?

1:10:47Speaker 16

Okay. Any questions? John?

1:10:52 – 1:11:05Speaker 16

I'm fine for now. Good. Okay. Thank you. Thank you. Sounds like we've got Greg Dalrio coming up. Greg, welcome back.

1:11:06 – 1:11:40Speaker 10

Good evening, everyone. Greg Dalrio, for the record, professional engineer in the state of Connecticut, director of traffic for H&H and peer review for the town. All right, not really sure where to start best here, but so we reviewed the report and some of the calculations and the data they provided. Dave just went over, you know, our bullet points and follow-up.

1:11:40 – 1:12:23Speaker 16

um i'll have to take a look at some of the you know the responses that they that they provided well let's let's go to let's go to your final conclusion okay and see if you're going to change anything so your final conclusion is based upon the conservative estimates and information provided to date which is excuse me as of thursday it proves that the proposed land use should not result in demands exceeding available supply okay so with that said Your demand period on your thing includes 63 spaces or an occupant of 64% of Mechanic Street, which is 35 spaces remaining.

1:12:24Speaker 16

And at the end of your study, you got 33 spaces remaining. So you put zero on that, you're just down negative two spaces.

1:12:34Speaker 10

I'm not so sure what you just said. I'll say it in my words.

1:12:38Speaker 3

He doesn't understand the Mechanic Street. Mechanic Street, you can't credit all spaces because they're permitted for a community.

1:12:45Speaker 10

We don't know of the empty spaces. Yeah, which or which.

1:12:48Speaker 3

Which or which. That's where we're going.

1:12:51Speaker 10

Right? So let's ignore Mechanic Street for now.

1:12:54Speaker 3

That's what he was trying to do. Yeah, let's ignore that.

1:12:57 – 1:13:28Speaker 10

So my exercise was to give everyone a real feel that says, is there a parking problem in this area? So is there going to be, after this happens, am I going to be able to find a spot? And, you know, the answer seems to be if all of those things checks out, and I have, you know, some questions about that. But if it all checks out, then it looks like it should be okay.

1:13:28Speaker 3

So what are your questions then?

1:13:30 – 1:14:20Speaker 10

So I have those bullet points that I asked about. So, again, if you... The reason I didn't redo, I did a different calculation, because the way they did their calculation is perfectly fine, and I would have just given you the same exact table back based on those assumptions, right? So there's a bunch of sensitivities that you have already hit upon. How many chairs are occupied? You had a count in California that the maximum was .85. You went to Massachusetts, it's 1.21. So right off the bat, I have a very wide plus or minus 20% there of, you know, how these things are used. So I'm assuming they have contracts.

1:14:25Speaker 10

By the way, I've interviewed a few of my friends in the last few days.

1:14:29 – 1:14:41Speaker 17

I think 65% is spot on. very comfortable with that permanent salons and then it's even less of this type of format.

1:14:41Speaker 10

Do you go during peak times? Do you try to avoid peak times?

1:14:44Speaker 17

I go all the time.

1:14:47Speaker 10

Anthony, did you hear that?

1:14:49Speaker 17

It's expensive.

1:14:50 – 1:15:14Speaker 10

So one thing I thought might be easy enough, I don't know, would be to find out what the schedule is at these places. They have these contracts, right? I'm paying you the lease. What am I paying for? Monday, Tuesday, Wednesday, 4 to 8. Seems to me like it's probably pretty easy to get whatever that was happening on that day. Right, but you have to... So that we can get a real ratio.

1:15:15 – 1:15:29Speaker 16

No offense, but you have to answer your questions. You have to ask your questions tonight and get the answers tonight so we can close this thing. If we can't close this thing... Well, those are my... Those are your concerns. Those are my concerns. So it's going to go back to the applicant, what they want to do.

1:15:29Speaker 3

Well, now you have a question for the applicant, like if we can cap utilization at 70%.

1:15:35Speaker 10

Right. That was one of my notes during my discussion just now while you were talking. I said, is there a stipulation on 165%?

1:15:43Speaker 16

Okay. So do you care about your last page in your letter? Is this important at all?

1:15:49 – 1:16:09Speaker 10

The table? Yeah. The table is just showing you that, again, there's quite a bit of cushion here. I mean, I didn't take the office spaces out. I put their peak demand, which is questionable, on top of the 10 o'clock in the morning peak demand, not the demand that's quite a bit lower in the afternoon. Let me stop you for a second.

1:16:09Speaker 16

It was very conservative. If you make Mechanics Street remaining, that 35... To zero? What does that do?

1:16:17 – 1:16:46Speaker 10

Well, right now, I'll tell you, right? When did they start monitoring the parking lot? After this survey. Those didn't go away. They went to mechanical, right? I mean, logic. And to the street spaces. They didn't go away. Right? There's a demand there. So whoever's not parking in that lot today... I'm pretty sure that they didn't disappear. They moved to somewhere else, right? They moved to a different lot. Isn't that logical?

1:16:47Speaker 3

Yeah, they could be even good wives or something like that. I don't know. I don't know why they went. But to Steve's question, if you eliminate... But it doesn't matter, right?

1:16:55Speaker 10

Because we're still saying mechanic lot had 30 spaces.

1:17:00Speaker 16

30 spaces remaining at your peak time, right? But my point is those are... Those are, a lot of those are permitted slots, spaces.

1:17:11Speaker 10

Again, let's not focus on, we don't need it.

1:17:13Speaker 16

But, right, I get it. But answer the question. If you make that 35 go to zero, what happens?

1:17:19Speaker 3

You said you don't need it.

1:17:20Speaker 16

If I make nothing.

1:17:21Speaker 3

You said you don't need it. That was your question.

1:17:24 – 1:18:00Speaker 10

You're still, you're going to be a lot closer to having 800 lot full. Because you're at 90 spaces by my count. 88, 90 already. Okay. If you take their 43, right, which is the 1 o'clock demand minus, it's the 55 minus 12 is 43. They have a peak of 45. That's 88. So by their own calculations, 88 in a 98 car lot. So we got 10 new spaces as per . Everything that we're calculating.

1:18:00Speaker 16

So you're not answering my question.

1:18:01Speaker 10

That theoretically could be left over. He did. He said he doesn't need it.

1:18:05Speaker 10

Therefore, I don't need, I have 10 available spaces, Steve. I don't need to go to mechanic lot.

1:18:12 – 1:18:30Speaker 16

Okay. See, 90% of the time, this is a landlord problem. If the landlords have enough parking spaces for all tenants, it's their problem. Right? That's why I usually try to stay out of this stuff. Yeah. but if the building requires 125 spaces and we only have 98 spaces.

1:18:30 – 1:19:05Speaker 10

As per zoning, and now we're doing a shared parking thing, so we're seeing what the real demand is, right? Right. Because zoning doesn't do shared parking, and that's why one of my bullets was, to do a calculation. Now, Dave, you said you did that, but you really didn't. You did that based on the count. I want the ITE table that says third floor is all office. It's got some doctor's offices. That translates to a demand of X over the time of day. That would help to put a nail in the coffin.

1:19:07Speaker 16

Any questions for him? Any questions? No. All right. Who do you want to talk to?

1:19:12 – 1:19:29Speaker 3

I'd like to talk to Amy just so you'd be willing to do a utilization cap. Because this all works if you assume that 67%. But if you get to 75%, 80%, 90%, and I agree, it's probably not going to happen. Then this all breaks down and we just start getting phone calls.

1:19:31Speaker 13

So Amy Zapatakis. I think, you know, let me respond.

1:19:34Speaker 3

Or reduce the number of seats, one or the other.

1:19:36Speaker 12

Yeah, it means oversized.

1:19:39 – 1:20:21Speaker 13

So let me respond to a few things. I think what, you know, going back to sort of what is this use. The point of these types of spaces and the reason that the beauty professionals like them is that they can set their own hours. The data from Image Studios, which has properties all over the nation, is that it bears out at every location that people tend to work four days a week, tend to have about three clients a day. So that's where we get the utilization numbers that we're using, which we're using as if this is one of the most successful locations. We do not have the people.

1:20:21Speaker 16

I mean, Plymouth is one of the most successful locations. I'm sorry? Plymouth is one of the most successful. Correct. Okay, thank you.

1:20:25 – 1:20:36Speaker 13

Yes, Plymouth is one of the most successful locations, and it has the highest rental. They have one suite that's not rented out right now. That's with the 92% work debt.

1:20:36Speaker 22

It's also a much, much bigger town.

1:20:38 – 1:20:52Speaker 13

And we can't tell you what the schedule is because the whole point is that for these beauty professionals, they create their own schedule. Some of them may do hair at 6 in the morning. Some of them may do hair at 7 p.m. at night.

1:20:53Speaker 3

Our only problem is if they all want to show up at the same time and then book where they overlap. And then you have... Somebody waiting in the waiting chair for a few minutes. That's where it breaks down.

1:21:04 – 1:21:31Speaker 13

And they're not going to do that here because unlike a salon that has a big reception seating area, they don't have that. Each person has to go out and get their own person, so they don't typically have overlap. They don't book a whole bunch of people back-to-back. It's a... So from that perspective, it is a little different than the other types of salons that you've seen. This is all by appointment only, right? It's all by appointment only because there's no way to walk in because there are, you know.

1:21:31 – 1:21:50Speaker 3

I'm not worried about walking in. You know, one's going over, then you've got two cars there for about 70%. So my question is, can we, in our resolution, cap utilization at 67%? I don't know how you would do that because you would not, you'd have to look at it centrally in terms of what the appointments are.

1:21:50Speaker 13

But they don't, they don't book. So that's the problem.

1:21:55Speaker 16

Your client is writing essentially 34 individual lease to 34 people on the chairs. Correct. He can control it.

1:22:06 – 1:22:24Speaker 13

But I don't know that. No, we can't because that's the whole point is that they can schedule, they make their own schedules. And I think we're talking about a phantom because it's not as if this is the first one of these and we don't really know how it operates.

1:22:24 – 1:23:10Speaker 17

Maybe we can cut it a different way and have a status update check. with potentially a 12-month check-in where if there is a problem, then would they be willing to reduce suites from blank to blank, reduce the chairs or something? I understand that they don't have a master scheduling where Susie's over here and Johnny's over here, and 12 o'clock, there can't be more than X amount of 12 o'clock p.m. bookings, and They missed that window. There might be a way to master schedule, or there might be a way to say, hey, we're willing to look at this in a year's time, and if we have a problem as a community, then they have to be willing to make a reduction.

1:23:11Speaker 3

Or flip it, reduce the number of seats, and if it's really working, you can add seats within six months.

1:23:17Speaker 17

Yeah, I mean, maybe, yeah, to do a check-in.

1:23:22 – 1:23:34Speaker 9

We did something similar for the Goddard School. Remember, we said that they can, because the Montessori, sorry, not Goddard, Montessori, because Montessori has a higher allowance of students for pupils. We said the lower one, if you could.

1:23:34 – 1:23:54Speaker 17

I'm sure there's a way, since we're on the margin here and we're talking about a hypothetical, if it happens, it's going to happen the week before Christmas. You know, when it's going to be really hard to determine, are those cars parked illegally because they can't find stuff anyway? So I'm just saying, let's maybe do a check-in.

1:23:55 – 1:25:04Speaker 13

And I think, yeah, I think we can certainly agree to a check-in with staff, you know, if we want to do six months a year, whatever it is we want to do. I mean, I do think, you know, as per every use in town. You know, if you're looking at Christmas time, you know, there's a shortage of parking. And I do think, and you know, Commissioner Aldani pointed this out, this is to a certain extent also a landlord issue. And we have the landlord here. He is prepared to know start monitoring and working on this parking lot to make sure that the people that are parking there are allowed to park there and the you know he's got to keep his all of the tenants happy before we even start talking about the town as a whole so you know there is a lot of incentive here for for the landlord to get it right um and to make sure as we move forward that there is adequate parking and i think you know we haven't really talked about this but in my but you know the the hours of operation which is why it works as a shared parking agreement um for the building as a whole the 27 waiver you're looking for yeah you're looking at you're actually asking that as per the landlord's council

1:25:06Speaker 16

Your as a tenant, it's not as for a 27% waiver. It's really the landlord that is.

1:25:09Speaker 13

Well, in order for you to approve this use, that's the shared parking agreement.

1:25:14Speaker 16

But the landlord's got to put it in place, right?

1:25:17Speaker 13

Well, no, that's for each, and you look at it per use. That's the way you've typically looked at it.

1:25:24Speaker 16

Okay, so the 27% waiver is for your client is the salon.

1:25:31Speaker 13

Right, for this special permit use.

1:25:33 – 1:25:51Speaker 16

Right, and then you get, you need 41 spaces. So of your 41 spaces, you're, what are you, 27 over, right? You take 125 and you subtract... Are you trying to get down to 98?

1:25:53Speaker 13

Well, that would be, that's...

1:25:55Speaker 16

Putting all the onus on you.

1:25:57Speaker 13

Putting all the onus on us.

1:25:58Speaker 16

Correct, which is you're the only one here.

1:25:59Speaker 13

Which is, I mean, you know, we've looked at it as a shared parking arrangement for all of the tenants that are in this building.

1:26:05 – 1:26:19Speaker 9

I mean, so that's what I was about to go through, is we've got... Yeah, but you can't ask for Burger Shakes and Fries to reduce their parking by 30% so that it can accommodate your use. You can only ask for your set of parking to be reduced by some number of amount.

1:26:19Speaker 16

The landlord can ask for a shared parking agreement.

1:26:23 – 1:26:34Speaker 13

But there's a shared parking agreement already in place because of the numerous. The parking counts were over with Jenny Montgomery.

1:26:34Speaker 16

There's a shared parking agreement in place? Yes.

1:26:36Speaker 12

It was part of the record here.

1:26:38Speaker 16

Can I see that, please? Sure.

1:26:40Speaker 13

That's the shared parking agreement that was part of the original approval for the building.

1:26:47Speaker 16

I didn't know that. I apologize.

1:26:49Speaker 17

It was a while ago.

1:26:50 – 1:27:06Speaker 13

A long time ago. I think it was when the building was first built. That was when the building was built, yes. 70s, 80s? I don't have the date. All right, so we have just... You know, we have...

1:27:06Speaker 16

This is probably your application number. Correct. I'm sorry.

1:27:10 – 1:28:54Speaker 13

That's okay. It was a while ago. So we have, you know, we have Burger, Shakes, and Fries, which doesn't open until 1130, and it stays open until 9. So there's, you know, some overlap, but, you know, not complete. Bar Method opens at 6 a.m., closes at 7.30 p.m. on weekdays. Their busiest times are that 6 a.m., before 10 a.m., which is when we sort of start to see people starting to show up at the image studios. The dentist, 7 a.m. to 6 p.m., also likely to have a lot of morning appointments. Physical therapist opens at 5.30 a.m. They're open until 7 p.m. And then we've got Janie Montgomery, which right now has typical business hours of 8.30 to 4.30. And all those spots, which is, according to the tenant, approximately 23 on a normal day, will be removed from the lot. And those cars are the ones that sit there all day long and don't come and go, which opens up spots where, as our tenant, will be a lot of coming and going. Thanks. the best case scenario you hang out a bar back did you go upstairs and get your hair done and then go get a beer get that shoulder worked on yeah get after the beer and then get your teeth cleaned with the dentist on the way up so um so i mean i can if you have any other questions i can answer but i do think that the use is in harmony with the surrounding area it brings a new type of business to town that we don't have currently. And I think it is good because it gets some of these personal services off of the first floor in the central business district, which I thought was something we were trying to have more retail on the first floor and personal services above.

1:28:54Speaker 3

So at one point there was a shared parking memo that you included with Good Wives or whatever it's called now. Is that now revoked or removed?

1:29:02 – 1:29:25Speaker 13

It's not revoked or removed. I mean, it goes back to this, you know, taking a look in a year and see if, I mean, based on the parking study, We don't think we need it. But as was said in the letter from the landlord, and as I said, the landlord and his attorney are here, and maybe you want to have them speak to it, but they did say that if there's an issue, you know, if they need to keep their tenants happy, they can work with Good Wives about getting some overflow parking over there.

1:29:25Speaker 3

Oh, so that was just we can try to get... Parking I thought I read it that there was an agreement that they could get overlooked There's not an agreement in places again.

1:29:34 – 1:29:50Speaker 13

We don't need it But there you know if we were to do it, you know again This is why I think this idea of maybe doing a check-in and six months or a year makes a lot of sense because if there is an issue hopefully before anything comes before the town, it'll certainly go to the landlord and he'll be working on it on his own.

1:29:51 – 1:30:11Speaker 16

That's what I'm trying to figure out. That's a deliberation question for us. Let's close it. One last question. The leases from between your client and the person that cuts the hair, how long are those typically? Are they a license agreement for a year?

1:30:12 – 1:30:29Speaker 16

Because after a year... then your client cannot renew Amy Zabatekis Salon Inc.'s license to get their utilization down. You can't affect the lease between the landlord and the tenant.

1:30:29Speaker 3

I understand.

1:30:29 – 1:30:46Speaker 16

So we can deliberate and figure out how to best. I just want to know. Six months doesn't do anything. But if they're five-year leases, then we're toast. We have no control. Okay. Would anybody in the general public like to speak to this application? You guys are part of the public.

1:30:46Speaker 9

Greg, do you have something you want to add?

1:30:48Speaker 16

Right, because he's got to sign off on it, too. Let's go to the public first, because Maslin's itching. And his client's a really good golfer.

1:31:00Speaker 15

Robert Maslin, representing the...

1:31:03Speaker 16

Building owner. Building owner, not the land owner.

1:31:05 – 1:33:45Speaker 15

The land owner is the fire department. Understood. A couple of things. The landlord has put in place monitoring their signage. There's a person there during the very peak time in the morning. That has relieved the pressure quite a bit. The experience was you had people parking there and go to Starbucks, people parking there and going to the train for the day. Occasionally, the real estate office across the street has a meeting, and then you get a bunch of people parking in there. Not supposed to. That's what the monitoring is all about. Second this kind of situation is tends to be self policing because if people can't park they can't go to the Businesses that are in the building the tenants start complaining the landlord has to do something about it. So It kind of polices itself. Yeah, but also puts the other thing that I did hit me while I'm listening we're talking about Plymouth and California and why not think about something in Darien office suites of Darien and where I am. That is analogous. I completely understand it's not the same thing, but when you have a situation like that, there's always a vacancy rate. So you don't have all of the spaces rented all of the time. And then among the spaces that are rented, not everybody uses their space all the time. And from what I was hearing, from Amy and Dave Sullivan. It's a similar situation with this proposed use. You know, you have vacancy rates and I just wanted to put that out there because it's something that's in Darien already. It's not the same thing. I fully understand that, but the point is. Your point is the same as Sini's point. Yeah, it's not a 100% full thing and it's not of the people who are renting. They don't use it 100% of the time. So it's just the nature of that type of leasing arrangement. And I can speak about the business. type situation with office suites and I think that was what they were trying to explain. So hopefully you'll see that this works. I was in that building back up until 2002. George Riley was there with me.

1:33:45Speaker 16

That was a long time ago.

1:33:47 – 1:34:14Speaker 15

Never had a parking problem and we had a retail paint store downstairs and I think, what was it, the lollipop shop or the rainbow shop or whatever it was. Rainbow shop. Rainbow shop. That was it. Beanie Babies when they had the big thing with beanie babies. We had the entire second floor and part of the third floor Dr. Weiss was up there then, and it was a full, full building, and we never had a parking problem.

1:34:14 – 1:34:39Speaker 3

But, Bob, there was a parking problem, and I know you're policing it now. What's that? There was a parking problem there, and I know it's being policed. More recently, yes. I hope you understand the sensitivity. I'm just saying when I was there. I understand. When I was there. I understand the sensitivities that we have, okay? Yeah. And so that's why I'm asking about, you know. You know, setting a lower cap and maybe raising it in six months, if it all worked out. Because it wasn't working out, and there were unhappy tenants there.

1:34:39Speaker 15

Yeah. But I'm just saying, when I was there, we didn't really have that problem. All right?

1:34:45Speaker 16

Okay. Thank you. Anybody else want to speak to this application from the general public?

1:34:53Speaker 19

Go ahead. Mike Levy, thank you for having us.

1:34:57Speaker 16

Just say your name and your affiliation, Mike.

1:34:59 – 1:35:30Speaker 19

Mike Levy. My company owns the building. The building really never had a parking problem. It had a parking abuse problem. And it was really obvious. And it wasn't... In the last five or six years, it's only really surfaced in the last six months. And so we took steps. We started the process, actually, back in March. And then... started putting the tow signs, putting up the signs, and then we've initiated the permits in July, and it's been a dramatic decrease.

1:35:30Speaker 16

That's the 27 permits to Lake Janney?

1:35:32 – 1:35:49Speaker 19

Yeah, I mean, and the number of permits, like, candidly, are a little irrelevant, because you're going to give them extra, and they have employees, like, for instance, that don't come in. Some come in occasionally, some come part-time, and so... I'd be cautious to measure your utilization based on the number of permits.

1:35:49Speaker 16

Right, you can't give permits to burgers, shakes, and fries.

1:35:52 – 1:36:54Speaker 19

They have part-time workers, right? So everybody needs one. But I would just say it's been a dramatic shift in the issue. We've hired a towing company, we're working with them, and we'll be proactive with whatever we can do to keep the tenants happy. We actually redid the signs to make one of the other tenants happy and we'll continue doing those because it is our problem You know if the tenants aren't happy then they're not gonna want to renew and I have a big problem. So But we're on top of it and I do think this I'm excited about this use because I think it complements the building really nicely if it was another financial services company, we wouldn't be in the meeting because I don't believe we need the special permit. And their density could be significantly higher than this. And they're going to be there all day long. So I think this is actually a far better use for the building. And it's really, we're only talking about all this stuff because it's not a traditional office tenant. And so hopefully you see it through our lens. I think the ideas are great. I appreciate all the time you guys have put into it. But I'm hopeful that you guys approve this because I think it's very positive. Thank you. That's it.

1:36:55 – 1:37:15Speaker 16

All right. Let's hear from Del Rio. Greg, you have to come to a conclusion because you're not getting any more information after tonight that we can use. I just had a couple of questions for the applicant.

1:37:15 – 1:37:58Speaker 10

You're going to ask us and we're going to ask him. There you go. So table one was a summary of their existing conditions survey of the parking lots in the area. In their SLR report, August 26th. Table one, first column, Boston Post Road 96, which is now 98, I believe, right? We moved the shed. Yeah, I'm sorry. Okay, so I just wanted to confirm that. And at 1230, we had 58 cars back in August. Yes?

1:37:59Speaker 6

Yes. All right.

1:38:01Speaker 10

And that was before this more stringent enforcement?

1:38:07Speaker 16

This is the parking count. Your table went right. I got you. Correct?

1:38:10 – 1:38:58Speaker 10

Yes. Yeah, it's after. After the enforcement? Yeah, it started in July. Okay. So, Amy, you went by there today, and 30 open spaces around 1230. Well, that would mean 68 spaces were occupied. So this is, it says 58. You're saying today is 68. So there's 10 more spaces today are occupied than when they did their survey. Keep going. Okay. Well, that 10 makes a big difference. We just lost our cushion, and now we're over-parked. Under-parked. We're under supply, over demand.

1:38:59Speaker 16

Correct. See, under-parked, okay. That's close. That's on the margin.

1:39:06Speaker 17

That's our whole premise is that it's on the margin, yeah.

1:39:10 – 1:39:26Speaker 10

Well, we like to say 90% is on the margin, right, because you've got to find a spot, and then you have a congestion problem, people are waiting for someone, and they're not circulating. But, you know, pushing the limit. We're right there.

1:39:27Speaker 16

Got it. Okay, then what about if you take, do you care about, and near table one, if you take Mechanic Street out, does that matter? No?

1:39:36 – 1:39:55Speaker 10

I don't know what the picture is today, Steve. Well, you know. Right? Okay. Okay. What else? I think you said a few things. I mean, you talked about capping it. I think they talked about maybe putting the employees or shared parking into another lot nearby.

1:39:57Speaker 10

Right? There are ideas out there to mitigate.

1:40:00Speaker 16

So based on today's testimony, does that change your conclusions on your letter dated this morning?

1:40:10 – 1:40:21Speaker 10

Well, there's a big if on my findings, which is to review all the, and to redo the survey in September or, you know, outside the summer hours.

1:40:22Speaker 16

We can't keep this thing open for Greg to do his stuff, right, Jeremy? Yeah.

1:40:27 – 1:40:43Speaker 10

I don't, you know, I haven't seen the data that was gathered from these other facilities. You know, they had somebody out there. There's raw data. I could take a look at that. I don't know. But we can't. Yeah, yeah. Okay. So I'm stuck, guys. I'm sorry. That's fine.

1:40:43Speaker 16

That's fine. Do you want to answer any questions, officer? And then Amy can close this? Yeah. Yeah, please. We've got to close this thing out.

1:40:57 – 1:42:26Speaker 23

So, Amy counted twice today. One time there was 40 open spaces, the other time there was 30. There's also the fire shed and the fire truck that were out there, which are taking up empty spaces. When I did my Calculation from 96, minus 30, 66, and minus 3 for ones that were occupied. I came up with 63, which is 5 more than 58. If you use the 40, which was 15 minutes earlier, it's actually a little bit lower. She counted 40 at the other time. And what she noticed was that there was a changeover in a session. So I think that's what we're talking about in September. And again, I'd love to be able to have done a full day, but half the day was already gone. So I think that's what we're talking about with the seasonal changes. These are not really seasonal uses that are out there today, say on some vacation. There was another point about- We're just trying to have you give information so Greg can smile.

1:42:27Speaker 16

He's not smiling.

1:42:29 – 1:43:16Speaker 23

Yeah, and- I know, I know. And, you know, again, I think, you know, we're showing that we have an excess of, we show 87, so we have an excess of 12. What page are you on? I'm on table 5, which is on page 6. So we have an excess of 98. We have an excess of 11. 98 versus 87. Right. And if we take the additional five that Amy counted today, and again, I hate to put too much weight into that single count, but if we take five, then maybe we're halfway there. But again, that's halfway there, assuming they're operating full guns like Plymouth is,

1:43:19Speaker 17

And you've layered on conservative, conservative, conservative to get this basis. Right. Understood.

1:43:25 – 1:43:44Speaker 23

So, you know, I think we're fine. I think a six-month check will, you know, I always like follow-ups because most times they validate what I've done. So I'm fine with that. But, of course, it's not my decision. Okay.

1:43:44Speaker 16

It's our decision.

1:43:47 – 1:45:11Speaker 13

Okay, hey, we want to close this up Thank you Sure, so just I'll just say since I was the one that actually went out there today Yes, it was 40 when I first got there. It was I went got lunch went back again It was 30 what time you there I was there between 12 and 1230 I went and looked and there was a bar method class that started at 1215 so I think that's what that why there was such a you know that that changeover and And, you know, and that's, I think Attorney Maslin sort of mentioned this, that one of the nice things about this is that all of the uses now that we're talking about, you know, changing this from an office to this type of use, now we've got people coming and going, which is, you know, they're going to go to other businesses in town. You know, this is, again, what we want to see in Darien. I don't, I think we should be moving away from having places that are over parked i i do understand that there was an issue in this lot and that is 100 on the landlord to start monitoring the lot and making sure that it works for all the tenants but at the same time i don't think we want to have a lot where we're leaving this hearing thinking we're going to have 20 empty spaces at peak times five empty spaces at peak times is about as much as you should really have if you're not asphalting a whole lot of space that shouldn't be asphalt.

1:45:11Speaker 3

Did you notice the street parking when you were there? Probably wasn't anybody parked on the street. There were very few cars, right? Very few cars on the street. So that's your overflow valve, too.

1:45:19 – 1:45:50Speaker 13

Okay. And I will also say the part of Mechanic Street lot, which is not the permit lot, I did happen to notice there was about six empty spaces in there, but I didn't include that because that wasn't part of what we were looking at. Okay. So anyway, I think that this is, I think it is a good use. I think the studies support that there's enough parking for it, and I would really like to see the commission approve this so we can get this in business in town.

1:45:51 – 1:46:12Speaker 16

Thank you. Thank you. With that said, the motion to close. Is the motion to close? Is there a second? All in favor? Hearing is closed. Thank you, everybody. Thank you. All right. We have another landowner. Bob, you're going to be sticking around, aren't you?

1:46:14 – 1:47:04Speaker 16

Next item up is special permit application number 302B as in boy, also known as PL26-124. Pause studios at 15 Corbin Drive. Opposed to establish... A new personal service tenant in the first floor space now occupied by Darien Toybox, a retail tenant. The subject property is located on the north slash east side of Corbin Drive, approximately 220 feet south of its intersection with Boston Post Road. It's shown on assessor's map number 72 is lot 25 in the central district CBD Corbin Drive. district-Corbin subdistrict CBD-CS22. Make the record reflect that George Riley is back on those dates. He didn't go anywhere. Fred, what do we got?

1:47:05 – 1:49:40Speaker 18

This is before the Commission for Special Permit Review. This is a change in use from a retail commercial sales and service business, which is the Darien toy shop, to a personal service business. The proposal is to establish a new Wellness personal service studio in the roughly 2,400 square foot space currently occupied by the toy box on the north side of Corbin Drive. The business PAWS offers infrared sauna, contrast therapy, sauna and cold plunge, IV drips, red light therapy, massage, and float isolation services. Hours of operation are from 8 a.m. to 8 p.m. seven days a week with two to four employees on site at any one time. The application was referred out to Mindy Shambhala, Health Department. She submitted an email for the record, dated August 17th, noting, my only comment or concern would be the level of oversight associated with some of the modalities being offered. Will any medical staff be employed? And does this type of business will not require a Health Department plan review or annual permit? It was also referred out to the building department. The building official, Mike Vitti, submitted an email for the record dated August 17th, noting no issue with the application. Also referred out to the fire marshal's office. Fire Marshal Bob Bush submitted an email for the record dated August 18th, noting no issue with the application. And then a series of emails dated August 18th between Captain Allison Hudema of the LTA, David Genovese, and myself regarding parking supply. Ultimately, it was noted that the parking garage associated with the Corbin District would be opened and running prior to the business opening. So David Genovese is here this evening with, I believe, the business owner to present the details of the application.

1:49:40 – 1:49:59Speaker 16

Okay. Before you go, David, let me just ask a threshold question. This came up years ago with regards to a tenant that was supposed to go to 1020 about needles and Botox. We never let that tenant come in because it was some kind of thing. You couldn't have an acupuncture or needles in the CBD zone.

1:49:59 – 1:50:18Speaker 12

Do you remember that? I do remember, I don't remember the exact tenant you're talking about, but we had, I think the question was a distinction between office and personal service at the time. Was it functioning more as a medical office than a personal service? John, were you here for that? I believe I was.

1:50:18 – 1:50:38Speaker 16

Because the tenants, the proposed tenants thing would have said that if you can't have needles, how come it says COVID shot, I mean flu shot available today at CVS Pharmacy, which is very excellent. Remember that? You remember that? I wasn't here. Yeah, I think that there was Dave Keating.

1:50:38 – 1:50:49Speaker 5

If I could just add, I mean, we built in David Genovese for the applicant. We built and managed 1020. We never made an application for any kind of needling use or anything else.

1:50:49Speaker 16

I thought it was a Botox person that was supposed to go in there. It was.

1:50:53Speaker 5

It was the second floor right above. That I would remember. Well, no, Merrill Lynch is on the second floor.

1:50:58Speaker 5

Could have been someplace else, but it wasn't 1020. Okay. But you're allowed to have meals and CBD?

1:51:05Speaker 16

Yes. Because that goes to the IV drip thing. Because they were supposed to put an IV drip over at Palmer's too. And that never happened.

1:51:14 – 1:51:45Speaker 12

Yeah, I think what we've talked about many times is how you have zoning and then I'll call it technology changes. And these things didn't exist 10, 15, 20 years ago. None of these. Three years ago. Yeah. So it's kind of interesting that as Fred and I hear all these proposals and you as chairman here, some people come in with some ideas and we're like, we read the book and try to scratch our heads. Animal dermatology was one. Yes, and that was very recent. So, yes. We have to make sure we... Consistent.

1:51:48Speaker 16

Well, in the consensus, we also have to make sure it's allowed. Yep. Sir, welcome. Thank you.

1:51:52 – 1:53:36Speaker 5

Please state your name for the record. David Genovese again from Baywater Properties and the developer of the Corbin District. So let me just pause for one sec because I want to hit it on the head too with Allison, Captain Udima's comment too about the parking. I just want to remind all of you, some of you were there when we proposed Corbin. When we divided Corbin up construction-wise into two phases, we put the squeeze on the parking downtown. I'm happy to say I worried a lot about how the stores would perform with parking only on one side of the street and the reserved parking for Merrill and the medical tenants on the other side. I would say that three years later, no one closed, everyone's business is doing well as far as we know, and our tenants are very communicative with us. Do people complain about parking? you know the ease of access to pop into Barrett and pop out they do so I'm not gonna kill the lily it's just reality but what we remind everyone is that this was designed and approved in this commission when we made the application put a lot of pressure on us to not consider the use of any municipal parking so you made us basically and we agreed to it we didn't challenge it make sure that we provide sufficient parking for all the uses on site we got to count i think the post road and corbin drive but that was it um so you know we're building almost 900 parking spaces it's about 40 of the cost of the whole project um so i'm pretty sure we've got a good situation here and from a tenancy point of view This is actually the current leasing plan. So this shows you all of the leased spaces. So you can see we're almost 95% leased at this point.

1:53:36Speaker 16

That's in a building across the street.

1:53:38 – 1:54:17Speaker 5

Yeah. So, you know, this is their bookstore in Bank of America. Oh, okay. This is 15 Corbin with shoes and more green and tonic, the toy box and Rosie. Everything is Rosie here. Helen Ainsen and Compass. We had given, I think, The chairman used to tease me, said I was the only developer in the country crazy enough to do this. We had given up tenants options to relocate. So we moved them once and we had an agreement that if they wanted to move back to the post road, which some of them were really adamant they wanted to, they could do that at our expense. We would move them. The toy box chose to relocate here. He wants to be in the center of the green. Yeah.

1:54:17Speaker 9

That's the best real estate. He's going to be around a bunch of restaurants and tables. Yes. Between Tate and Millie's. My kids are going to go crazy.

1:54:24 – 1:56:42Speaker 5

Bring your wallet. Exactly. Rosie also was adamant. Well, she flip-flopped for a while, but then she ultimately came to the conclusion she did want to move. So we're moving her over to the post road. Tucker not going to move. By the way, I just want to say thank you, because I don't know if you remember, some of you were here, but we were originally working with L.L. Bean for a 15,000-foot store that it would have been this entire space, and then L.L. Bean flagged down on us. I promise I'll be brief. I just wanted to give you a background. L.L. Bean flagged down on us, and I could not find... a great tenant that I thought should be the anchor tenant and the first tenant people see when they come in here of that size. We talked to Crate and Barrel. They were interested, then they flagged out. We got calls from Ulta Beauty, stores like that. I just didn't think they were the appropriate tenant. So we made the tough decision to reduce our retail square footage and increase parking. So we added this whole bay of parking in the above ground garage. So we added, I can't even remember now, 80, 90 spaces, something like that. There's four levels of parking that would have been a retail store. So we downsized the retail. And that set us up for what we're really excited about, because we're pretty confident that Tucker Nook is just a great anchor. It's a beloved store. Darien is like their number one market in the country, literally. And this is all women's clothing. This is home goods and interior design. store, women's clothing. This is industrious. They took the whole four floors. Pinocchi, Rome, Millie's. We're working with a retail tenant, women's clothing store for this space. Asha is a Darien resident. Ashley McCormick, who has a jewelry and clothing line. Framebridge, Cups and Cones, Tate. Corsica, a French-Italian version of a Barcelona restaurant. Minilux, a more upscale nail salon from Boston. Yoga Spark, French Press, and actually Stretch Lab is not going to proceed here. We're going to be talking to you guys about a different use here, and we're going to eliminate this retail use here, this restaurant use here that was approved as a restaurant. So that's one of the reasons why I wanted to get together with you in French is to kind of go through the high level.

1:56:42Speaker 16

Where's the industrious?

1:56:46 – 1:58:39Speaker 5

Okay. So Toy Box will relocate to here. Rosie will relocate to here. We signed a lease with South Moon Under, which is a clothing store, men's, women's, children's clothing store for the Rosie space. And with me is Kush Kirpalani, who's going to be the owner of Stretch Lab, excuse me, PAWS Studio Darien. I met PAWS through Barry's. Barry's Boot Camp is one of the workout places that'll anchor the project. The founders of PAWS are close with the leadership team at Barry's and they like to be near each other. We've been spending a lot of time talking to tenants about Who do you want to be near? What do you want to have nearby? Who's your customer? And what else would they like? And you're going to start to see paws popping up nearby berries pretty often. It's a 2,400 foot store. As noted in the memo, two to four employees. The range is two to four employees, four to 10 patients or customers at any one time. They will run seven days a week. And Kush can answer any detailed questions you have about the business. But, you know, we like the use and we like the, Barry's really loves the use and loves the kind of synergy between the two. Sauna's and Cold Plunge have become super, super popular and not everybody has room for one at their house. And so, plus we also have a lot of office employees, you know, in the new project with Aon and McKinsey and other people who would be great customers for Cush. One last thing I'll add before I turn it over to Kush if you have questions is there is a PAWS studio in Greenwich. It's at 100 West Putnam or East Putnam? East Putnam. East Putnam, 100 East Putnam, a building that... Who are the Australian guys they built? I forget what they're – Wellbuilt. Wellbuilt is the development company. So they – you must have met them somewhere.

1:58:39Speaker 16

I'm thinking of 34 or 40.

1:58:41 – 1:59:16Speaker 5

So they built a mixed-use building in Koskob. It's kind of in the middle of nowhere. It's not really next to – it's not near downtown. It's adjacent to a CVS and what used to be a Porcelli's Market. You know that building where Porcelli's Market is? So they only can rely upon their lot and they have nine parking spaces that they have reserved for the whole use. So when you think about Rosie and the number of people that work at Rosie and the number of customers that are typically in there because she does a good business, it's very similar. The hours are longer though.

1:59:17Speaker 16

How many square feet do you want to crouch?

1:59:19Speaker 5

2,700. 2,700. This is 2,423. Great. If you speak, you have to identify yourself up here.

1:59:26Speaker 9

The only reason we're seeing this is because it's a change in use from retail to personal service.

1:59:33Speaker 16

Sir, welcome. He talks a lot, so you can tell us what you're doing.

1:59:37Speaker 1

Thank you for having me. I'm Chris Crippolani. I'm the franchise owner for Paul's Darien.

1:59:42Speaker 16

Welcome. So what do you want to do here? You want to open up a cool studio or something?

1:59:46 – 2:00:25Speaker 1

Yeah, it's a wellness studio. It's focused on physical and mental wellness, five different modalities. We've got contrast therapy, which is the cold plunge infrared sauna. We've got float therapy, which is a giant pod. It's got 3,000 pounds of Himalayan salt. We've got the LED light therapy, which is great for collagen, skin cells, etc. We've got the cryotherapy, which is essentially a walk-in freezer. You can freeze yourself for three minutes. It's really great for blood circulation. And then IV trip is really the core of the business, about 40% of the business. We will have a partnership with the medical director and a full-time RN to administer the IV trip.

2:00:26Speaker 3

And how long are the typical visits?

2:00:29 – 2:00:46Speaker 1

So you can pick a session from 30 minutes, 45 minutes, or one hour for either the contrast therapy, float therapy, or even the LED light therapy. The LED light therapy starts at 10 minutes. You can even do that. Cryotherapy is three minutes max. And then IV drip typically lasts about 20 minutes.

2:00:46Speaker 3

And then do you have to clean it afterwards? Is there a gap between appointments?

2:00:50Speaker 1

Yes, yes. There's about a 15-minute gap in between each appointment.

2:00:54Speaker 9

Is it by appointment only, or is it a walk-in?

2:00:56Speaker 1

Yes, correct. Yep, they use online services. We're in the process of developing an app to book services. Like an app to be able to do the scheduling. Yep. I'm so sorry.

2:01:02Speaker 5

I've got to look at my computer for it to...

2:01:04 – 2:01:24Speaker 16

So then, so you're... It sounded like you have six different things that you do? Correct. All right, and so six different things. You have four to ten customers at a time. That means all six things are being used, and you've got some people waiting? Do I show up 10 minutes early for my IV drip?

2:01:24Speaker 3

Or do you have a couple of multi-IV drips going?

2:01:27Speaker 16

Yeah, you can probably do two IV drips.

2:01:28 – 2:01:56Speaker 1

Yeah, so there's about, we have four, I think on the floor plan, we have four chairs for the IV drip. We have four contrast therapy rooms. Each of the contrast rooms can hold up to three people inside the infrared sauna. The cold plunge is really just for one person. I would take typical uses, either one to two people. And that's couples going in or friends going in? Couples, correct.

2:01:56Speaker 3

You're not going in with a random? No.

2:02:03 – 2:02:23Speaker 1

No shared room. I think the great part about this is the privacy that everyone can come and be welcome to. The IV trip is administered here, so we'll have four chairs, essentially, here. We'll have this retail space over here. We've got some vitamins, supplements, some water.

2:02:26Speaker 16

What's a bottle of water cost?

2:02:28 – 2:02:42Speaker 1

That's the entrance, right? This is the entrance here. So this is a contrast room. This is a contrast room. This is a contrast room. This is a contrast room. You can see this is the cold plunge. These are the infrared saunas.

2:02:42Speaker 16

What does contrast mean? I'm sorry.

2:02:43Speaker 1

Contrast means you move from the hot to the cold. So the infrared sauna into the cold plunge. Look at you.

2:02:50Speaker 16

You all look serious.

2:02:52Speaker 5

You know what? It is very popular. He's going to need it after this. I'm going to need the isolation test. You'll find me in the isolation test.

2:03:01Speaker 16

You're sitting in infrared light staring that way. All right.

2:03:04Speaker 5

So everybody.

2:03:09Speaker 16

How is the operation? We said that already, right? 8 a.m. to 8 p.m. 8 to 8?

2:03:17Speaker 16

2 to 4 employees, 6 to 10 customers, expected at any given time.

2:03:22Speaker 3

And the employees are probably going to park in the parking garage, I would assume. How are you doing?

2:03:25Speaker 16

David's going to make them park in Afghanistan.

2:03:27 – 2:03:56Speaker 5

We are making them park furthest away. So part of our rules and regulations for tenants is they're going to be parking in the upper deck of the garage. Nice. And we are going to be monitoring and managing that. So we're hiring VAS parking to manage it. So it's not going to be... You don't have AI doing it for you? No. No robot yet. No robot? One thing I would add, too, we did go to Architectural Review Board, and we got approval for the signage and everything. So Kush came with us a month or two ago. Would anybody like to speak to this application?

2:03:56Speaker 7

You don't need changing room facilities?

2:04:00Speaker 1

So the changing rooms, you can change within your room since they're all private rooms. We do also have a bathroom here if anyone needs to use that in between.

2:04:10Speaker 16

What about a shower?

2:04:11Speaker 1

So each of the showers are this square box here. So each room will have a shower. Cool. And we'll love those soaps for anyone who loves them.

2:04:21Speaker 5

Any other questions? Yes. Any questions, sir? Is that you, just you, or everyone?

2:04:25 – 2:04:47Speaker 9

Everyone, all of us, yeah. Is there any, like, I'm just saying, there's obviously a lot more intensive use of, like, water and sewage here than, like, Toy Box, which I don't even know has a sink in there. Is that required, like, any, you know, like, ripping up the grime, you know, tapping into the sewer, right? It's not like... You're replacing a one-stall bathroom with a lot more of showers and tubs and water.

2:04:48 – 2:05:28Speaker 5

Nothing came up in the building department review. There's no cooking or anything, so there's no breeze trap. Honestly, the average usage of even the apartments that are here, we have a lot of people. The 38 apartments in Phase 1, I've talked with Jeremy and Fred about this, probably some of you guys... It's amazing. The people who are living here, the young people are working, they're here all the time, but the empty nesters and the grandma and grandpas who are coming back to be near kids and grandkids, they travel a lot. So if there was an increase in use, it's offset by the... There's a lot of capacity in the sewer lines and stuff. I was just asking.

2:05:28Speaker 16

Yeah, I didn't... Go ahead. Otherwise, no. General public? Amy?

2:05:34 – 2:05:49Speaker 16

John? I'm good. Anybody in the general public want to speak to this application? All right. We're done, David. Antimission closed. Sandy, second. All in favor? Thanks. Thank you all so much.

2:05:49Speaker 5

Thank you. You should try it, by the way. After one of your long meetings, you should go.

2:05:55Speaker 17

You can send Jeremy gift cards.

2:05:58Speaker 5

I want to put a sauna at my house, but I have to come to you or ZVA to get a variance.

2:06:17Speaker 21

Do this for your customers, but you won't do it for us. Put it on the dock.

2:06:22Speaker 16

Yeah, that's scary.

2:06:23Speaker 3

That's scary. Coal plunge in. Is that a plunge?

2:06:27 – 2:06:46Speaker 16

Next item up, landfilling application number 593As in Apple, also known as PL26-119. Merrick, is that right? That's close. Yeah. Show Kronowski and Raslow. Wow, these are tough. Schwanicki?

2:06:47Speaker 14

Schwanicki? Yeah, those are the clients.

2:06:50Speaker 14

Yeah, the client, the owners of the property.

2:06:53 – 2:07:28Speaker 16

At 13 Hollow Tree Ridge Road, proposed to raise the existing residence, construct a new single family residence, perform related safety development activities, including the regrading of the property to accommodate the improvements in installation on stormwater management. The 0.26 plus or minus acre subject property is located on the west side of Howell Trade Ridge Road, approximately 30 feet north of its intersection with Wilson Bridge Road, and is shown on assessment number 47 as lot 123 in the R13 residential zone. Thank you. This is a legal non-conforming lot.

2:07:29 – 2:07:44Speaker 18

It is, yes. So they had a variance? Yes, the ZBA granted a variance on this in 2025, in July of 2025, for lot width and side yard setbacks. Yeah.

2:07:44Speaker 16

And overall size of it, right? 0.26 is a quarter of an acre, and we're a third of an acre zone.

2:07:52 – 2:08:03Speaker 18

Yeah, not a... Not a lot-sized variance. It's a grandfathered lot. Yeah, it's a grandfathered lot, right? Just the width and the side yard dimensions.

2:08:03Speaker 17

But there was no other variances granted, like in regards to setbacks? They met everything?

2:08:10Speaker 16

They did grant setbacks.

2:08:12Speaker 18

Right, there was a side yard setback variance. Okay. Yeah.

2:08:16Speaker 16

And what's the other variance? Lot width. The width is the reason. I want to put the width in the graph. Okay, thank you. Fred, what do we got?

2:08:25 – 2:09:40Speaker 18

Yeah, so before the commission for a landfilling regrading permit for construction of a new single-family residence with a modified driveway, a retaining wall, a front walkway, and stormwater management, the existing... Residents on the property will be demolished with the exception of a small portion of the foundation walls on the left side of the house, and that's where that deck will be created, as you can see on that model in front of you. The application was referred out to Joe Canis of Ty and Bond. He submitted comments for the record dated August 6th and September 4th. In his most recent memo, September 4th, he notes no further information was requested by the applicant. And we received no public comment on this application. The applicant's representative is here this evening, Edmund Yelda from Michael Blank Architects, as well as Ian Garcia-Kenny from D'Andrea.

2:09:43 – 2:11:28Speaker 14

Please state your name and affiliation for the record. My name is Edwin Yalda. I work for Michael Bang Architect in Stanford, 24th Street. Okay. And so we appreciate the honor to be here with you. And we're seeking your approval. We went through the ZBA. So Sloping site, the house, existing house is offset above the setback at the moment. It's... This is the house. It's like out of whack or whatever. So the client wishes to demolish and offset within the setback. And then here I thought it would be helpful sort of to understand somewhat instead of just the dimension of lines. It's a lot easier to see visually what the objective is. In between, why it took so long between the approval of ZBA now, originally on them, Kirby were doing the site and so forth. The shop closed and half of the file shifted to D'Andrea and the other half, I believe, SE Miner or something. So we're back here and requested. Mr. Gisberg and all the planning and zoning, they've been very helpful. And what you see here is the product collaboration, really. It was very difficult. Hermie and Woody was around even at that time. What you see went through a process. The architect shouldn't get all the credit, but really it was the influence, the way that you see the form. But you're the architect. You can take the credit. Well, I work for the architect. I'm the architect.

2:11:29Speaker 16

Okay. So explain the house to us and how it's going into the hill.

2:11:36 – 2:12:05Speaker 14

Basically, as you see here, this is the hollow tree on the floor. And you're trying, it's very difficult. The moment you just come down, the parking hallway to the back, imagine in winter. So the client who bought it is trying to make it more usable. Like, you know, coming in at the ground level, you walk in and, you know, here's the kitchen living room. And then the bedroom shifted. Oh, it's upside down. Lower. It's upside down.

2:12:06 – 2:12:22Speaker 14

And then these are the garages. So it would come from shopping. You go through and then you walk in toward the kitchen. Yeah, and then there's a staircase that takes you down, and also the rack is going to look something like that.

2:12:22Speaker 16

You have a walkout basement or walkout bedroom?

2:12:25 – 2:12:40Speaker 14

Yes, he has a gym or something. In the CDA came the question, why did you want that? He wanted to use it, why not just cut it completely? He wanted to use his storage room and use it as a . Which room is storage?

2:12:41Speaker 17

The deck, he's saying. The deck, yes.

2:12:43 – 2:13:20Speaker 12

The deck. Oh, there's a desk. So right now, the driveway comes in on the right-hand side of the house, and it actually doesn't, not only goes down 20 feet, it goes, it's curved. Yeah. If you go down, I don't know how you, how the client now gets back up. It's crazy. It's crazy is a good adjective. Down and around. It's absolutely wild. So what they have to do is figure out a way to straighten that problem up. And as you noted, the elevation on Hollow Tree is elevation 112. The elevation at the bottom of the house is 90. So you're going down 22 feet for the length of your house. Most houses go down about one.

2:13:20 – 2:13:34Speaker 9

We have a couple of those driveways that go down. I mean, even the application we saw earlier, the neighborhood driveway goes down about seven or eight feet. But like this one, when I went and looked at this thing, it's huge. It's like a rock. and it's got a curve to it, it's a hole.

2:13:34 – 2:13:48Speaker 12

So Mr. Blank had quite a challenge to find, now we have a house that kind of fits, but how do you design I'm finding the best place for the house and you have to design it to be.

2:13:48Speaker 3

It's a small lot.

2:13:49Speaker 7

It's a small little lot. What are you doing with the wall on the right as you're looking toward the front of the house?

2:13:58Speaker 14

Is that going to stay?

2:14:00 – 2:14:18Speaker 7

The wall on the side of the driveway on the right side as you're looking down the hill? Is there an existing one? You're going to have to redo an existing one. A little bit, yeah. So what are you going to do with it? Say that? What are you going to do with it?

2:14:19 – 2:14:37Speaker 14

We're going to keep it as a partial wall there and adjust it with the new grading that they have. I mean, the survey have been working and making sure that all the heights meet and coordinating with what's the tie and bone.

2:14:39Speaker 7

So do you have to rebuild the whole wall? No?

2:14:42Speaker 14

No, just adjust it and, you know.

2:14:45Speaker 7

It's not going to be curved anymore?

2:14:47Speaker 14

No. How tall is the wall? It's less than four feet, right?

2:14:54Speaker 7

No, it's got to be one. It's less than three feet. Less than three feet.

2:14:59Speaker 16

If it's more than four feet, it's got to be engineered.

2:15:03 – 2:15:20Speaker 12

So that means there's only a whole separate. At the front, it's four feet. where it goes from 111 to 107 when you first come up around the curve. But it kind of follows down the hill, right? Yes.

2:15:20Speaker 9

So it's better. It doesn't get taller. It doesn't get taller as the slope drops. It drops from the slope. Okay.

2:15:27Speaker 7

And we're not discussing storm weather management? Yeah. Ian's here.

2:15:34Speaker 12

No, you have six caltechs at the bottom.

2:15:40Speaker 21

Hello, I'm Ian Garcia-Kenney from D'Andrea's Surveying and Engineering.

2:15:47 – 2:16:06Speaker 21

I'm here today. I did the stormwater drainage report and design and site design. We just got the tie and bond comments today, as Frank said. They requested no further information, so all their comments were satisfied. They were happy with the design. Well done.

2:16:06Speaker 16

Took the last step, six separate medals.

2:16:10 – 2:16:26Speaker 21

So we were very fortunate with the soils. They're bank run gravel, excellent high infiltration rate. They're amazing. We have an external sump pump for the foundation, but it wasn't required as- Second one.

2:16:27Speaker 9

Been on this commission for six years. We haven't seen a single one. Now we've got two of them in the same night. She's got one in her house.

2:16:33Speaker 21

Ours isn't required.

2:16:34Speaker 7

It sits there just in case. But-

2:16:38 – 2:16:58Speaker 21

Yeah, it's all bank run gravel, so it probably won't ever kick on. Yeah, we added the six Coltec units. Since it's very high infiltration, it's actually over-designed. It goes above and beyond. It goes to the 100-year storm event, which is not required.

2:17:01Speaker 9

And they're just catching the roof leaders, right? Those Coltecs?

2:17:05Speaker 21

Yes, coal tech and driveway, all of the driveway.

2:17:09Speaker 16

How are we controlling the water that's pouring down the driveway to the backyard? Because there's no storm warning management system set at all today, correct?

2:17:18Speaker 21

No, there is not.

2:17:19Speaker 16

So a bit to the backyard floods today, right?

2:17:23 – 2:17:40Speaker 21

I didn't witness any evidence. No, I don't. It's very good soil, so it's very good. But yeah, the driveway is captured by a driveway catch basin, and it all gets routed into the stormwater colt-type design.

2:17:41Speaker 16

But now your new driveway is going to be asphalt, right?

2:17:43Speaker 21

Yes. Oh, the old one was also asphalt.

2:17:47Speaker 3

So you're catching water on the new driveway? Yes. At the bottom?

2:17:51Speaker 17

Which is only at the front.

2:17:52Speaker 9

You're cutting out a lot of that driveway, too. You're putting in dirt and grass and stuff on the side.

2:17:59Speaker 14

Imagine the vegetation taking on the water, I suppose, that 150 driveway. Obviously, you need more green space.

2:18:09 – 2:18:21Speaker 16

So we're not worried about water going down the hill or snow melting? Going down the stairs? It'll flood the backyard. Have you got a drain there at the bottom?

2:18:21 – 2:18:40Speaker 14

It's like it comes down and it gets collected. to look at the condition there. You know, I mean, I'm sure you checked. It's a lot worse because of the slope condition.

2:18:41Speaker 16

Show it to me again.

2:18:42 – 2:19:06Speaker 14

I'm sorry, sir. But the gradual that we're going to implement on the side is going to... I'm sorry. I apologize. Right now, the slope is a lot more, you know, the condition. And here, it's going to be much less. So we give the rain more time. So you take the velocity of the water.

2:19:06Speaker 3

It's not going to be a big right now.

2:19:08Speaker 14

Like if you roll a blade, you can fly. But in this case, no.

2:19:14Speaker 7

And when the cortex fill, where does it go?

2:19:18 – 2:19:33Speaker 21

If it ever fills, which I don't think it ever will, but in case it fails or something happens, there are two pop-up emitters so that it can actually overflow and go onto the lawn, which we still have a lot of buffer space so it can infiltrate into the lawn.

2:19:37Speaker 7

Is there some boundary between that year property and the one to the south or whatever it is?

2:19:46Speaker 21

Yes. We don't show the distance because the minimum, I believe, is 10 feet, and we're way beyond that.

2:19:55Speaker 7

But there's something that would stop the water if it overflows from the cultics rather than flowing to the neighbor?

2:20:02 – 2:20:20Speaker 21

It would primarily go to the south or to the western corner property line, but it follows existing conditions, so it's not gonna worsen any conditions.

2:20:20 – 2:20:44Speaker 14

And I truly appreciate your point. I know what you're thinking, maybe some buffer that it's not going, but water will do what it wants. Right now in Stanford, they have so-called motion drive. But when the hurricane comes, who's going to know what's going to happen?

2:20:44Speaker 16

We just don't want you flooding the neighbors. Okay. George, you got all your questions answered?

2:20:51Speaker 7

I didn't hear you mention fresh meadow approach, but this- Oh, yes.

2:20:55 – 2:21:26Speaker 21

Sorry. This design utilized a fresh meadow approach. So it actually used zero impervious for the existing conditions. And we ran it against the proposed, which was about 32% square feet of impervious and we were able to capture and retain that difference such that there is no adverse impacts or any increase to any storm events as required by the Town of Darien Storm Drainage Manual.

2:21:28 – 2:21:39Speaker 9

It's not required, there's no planting plan? Are you guys planning on planting any trees, arborvitaes, anything in that back area or any landscaping, anything going on, just generic?

2:21:40Speaker 16

We haven't decided at this point. Yeah, I know.

2:21:43 – 2:22:42Speaker 14

At this point, we're trying to support the house. We're seeking guidance, and I'm sure the beauty of the tree can challenge that. People would like their, you know, what they're going to plant. I mean, I wish I knew about this. Okay. Are you clear cutting it? Are you clear-cutting the site when you do the excavation? To make it work, I'm sure there's some areas that can stay, but these will not mirror this section. These trees at the buffer are there. We're staying within this distance. We're moving toward the road. So it's going to be somewhere here. Okay. It's such a small lot. This is the line. We cannot touch these trees because the property line is right here. That's the other side of the line. I don't know if that's what you're, this tree has got to be there.

2:22:43Speaker 7

Yeah, no, I was referring to the border of the other neighborhood. But anyway.

2:22:46Speaker 16

Okay. Would anybody in the general public like to speak to this application?

2:22:55Speaker 15

Ma'am, please come up. Just state your name and where you live and your affiliation.

2:23:00Speaker 16

We always like to make sure the neighbors know that you're in a clear conversation.

2:23:05Speaker 2

Ed Nicolastro at 15 Hollow Tree Ridge Road, right next door to 13. Thank you.

2:23:10Speaker 9

You're on the northern side, right? I'm on the... Further in, further out the road.

2:23:15Speaker 9

Yeah, yeah. I'm going up. You're going up.

2:23:19 – 2:24:06Speaker 2

I'm not going south like my neighbor. So this is hollow tree, correct? Yes. My concern is this here where he's going to blacktop. Right now it's shrubs and grass which will absorb the water. My concern is this runoff where before there was vegetation to absorb that water, which flows down because I have also a driveway, not as bad as this one, but I've shoveled it more than once and it's pretty steep. There's a steeper. So that's my concern is this vegetation is being obliterated. What is going to now be blacktop And I just wanted to.

2:24:06Speaker 3

How do we catch the water?

2:24:08 – 2:24:24Speaker 16

So I'm going to explain it to you the way I can explain it. And if I don't answer the question or say something wrong, these guys are going to say it. They're putting in the back of the house a thing called the Caltech system. and they're going to pipe the water with storm drains in the driveway.

2:24:25 – 2:24:47Speaker 16

There, yep, and all the driveway. And it's going to pipe from there, from storm drains, down to the Caltech system, down the hill. Then around the house, there's going to be gutters and leaders around the house. All the water that's caught in the rain in those gutters and leaders, they're also going to go through drains that lead back to where your finger's pointing.

2:24:48 – 2:25:23Speaker 16

So all the water is going to be captured on the driveway and on the roof of the house where you're talking about where your house floods and the vegetation goes away. Yep. It's going to go into the storm drains, go down pipes all the way to the backyard. that's my concern too if you get 30 inches of snow and it melts it's going to either land up in your property or the neighbor's property on the side but when it melts it's going to go into the storm drains that they're putting in that blacktop asphalt driveway because when they do it they pitch the asphalt into the drains and the water goes down the drains

2:25:24 – 2:25:40Speaker 3

okay um did i explain that right mr engineer yes correct so it's actually an improvement of the conditions that you see now even though it's asphalt because it's going into drains where if you get a lot of water on grass it can flow off the grass

2:25:40Speaker 2

I've never had a problem from their property coming onto mine.

2:25:44Speaker 16

We don't want that to happen ever. That's the whole reason why we're here.

2:25:47Speaker 2

Okay, thank you.

2:25:48Speaker 16

He has to certify that no water from that property is going to your house. Okay. If it does, he's in trouble.

2:25:55Speaker 7

There's also a four-foot wall at the side of the driveway between there and her property. Okay.

2:26:03Speaker 16

Did I explain it right?

2:26:06 – 2:26:19Speaker 16

Everything that goes onto the driveway is going to be... Go back to the... Everything in the driveway in the front, and then explain again what Mr. Riley just said relative to the rock wall that's there.

2:26:20 – 2:26:38Speaker 21

Her property is actually at a higher elevation, but everything that goes onto our driveway... So everything on our property, including onto the driveway, goes into the driveway catch basin and is sloped into the driveway catch basin. So it will be routed down into the backyard and into the cultic systems.

2:26:41 – 2:26:53Speaker 16

So the bottom of that wall at the top of the driveway is 107 feet. And the woman next to her, what do you think her elevation is? On the top of the wall is 111 feet.

2:26:53Speaker 21

Yes, 111. And the driveway is at 110.6, so it won't climb up the wall. It will stay on the driveway.

2:27:01Speaker 16

And the woman next door's house elevation, what do you think that is, Elaine's? It goes up the hill, right? Yes. I'm driving up that hill.

2:27:09Speaker 21

I don't have it on my plans, but. Okay. Probably pull up a GIS. Okay.

2:27:16 – 2:27:34Speaker 16

So to answer the bigger question, because of the slope of the hill, all the water is going to go to the south. Yes. So it would have to go up over a four-foot wall also to get out to your property. Gentlemen, thank you, sir. I hope you're a nine.

2:27:37Speaker 4

11. Good evening. Hi. My name's Ken Steinberg. I'm at 11 Hollow Tree Ridge Road.

2:27:42Speaker 16

You're the guy we want to talk to.

2:27:44 – 2:29:02Speaker 4

Yeah, I'm the guy who's seven feet away from the property. And so I think, look, I'm not an engineer. I'm not a hydrologist. I'm not anything like that. I read the reports. There are some references in the reports to, like, I'm POCA. which is your point of concern, A, that's like me. So I'm concerned because I'm point of concern, A. So I had some of the same questions. I don't mean to be flip about it, but I have a lot of the same questions that I think you had and I think that the other next door neighbor, Edna, had about how the water is going to be managed. particularly to the back, I also want to understand how the grading, it seems like they're going to grade up the driveway just sort of in the existing footprint. Is that right? Is it going to be mostly in the existing, I don't know if I'm allowed to ask the question, but is that correct? You can ask the question to us. my my front yard slopes downward the same way 13 slopes downward yeah if you build up 13 doesn't that create some sort of like cliff or something and and how is that going to affect water coming into my front yard that is sort of one of my concerns that's mine too yep okay um so just so you understand like the we have to certify the development doesn't make it worse for you it actually just got to make it better under our ranks so that's why the engineers are

2:29:04Speaker 3

I call it topography, Matt. Yeah, I mean, I had a flood once. We want to make sure you understand it, too.

2:29:09 – 2:29:23Speaker 4

Yeah. No, because we did have a flood back in Irma or Ida. One of those ice storms gave us a flood in our basement around the backyard from water that I think came from that property. Because it's very close. I mean, the property is seven feet from the house.

2:29:23Speaker 9

Right now, there's no management of stormwater, so it just goes where it goes.

2:29:27Speaker 4

There is an open downspout that leads right to my side.

2:29:31 – 2:29:52Speaker 9

Those downspouts will be collected into that. The whole tech system is just basically like a giant underground chamber that just holds water and it slowly seeps in. So all of those roof leaders, gutters, all that water that now is just flowing right into probably your property will be collected. Right. So it will be, it won't just be as it is, but it'll be actually a substantial improvement.

2:29:52 – 2:30:10Speaker 16

And then if you look on the survey, um, the, the, the bottom of the wall, I think is at elevation, like one Oh seven. And I think at top of the wall, it goes to one Oh eight, nine, and they're going to construct along your property line, a new concrete block wall.

2:30:11 – 2:30:22Speaker 4

along is that along the property line that wasn't clear to me so but there are trees as i think someone was mentioned that they're the trees demarked the property line are you talking about that's right in the back okay in the front

2:30:24Speaker 14

This is your house. Yeah, I remember. I do remember. It was a while ago.

2:30:30 – 2:30:42Speaker 16

Hold on. Sorry. I want to make sure we get all your questions on the record. Okay. And then we'll have these guys answer. If I can answer her things, I want them to answer yours. Okay.

2:30:42 – 2:31:11Speaker 4

So my first question was the drainage and water to the backyard and the point of concern, A, which is me. Second question was with respect to when they regrade the front, doesn't that create like a cliff and cause water then to just come right into my front yard, onto the grass, which is also sloped downward, how we're managing that. And then the third question that I had, and actually this just came up tonight, The deck that they're calling a deck over there, I now have just heard that it's going to be used for storage.

2:31:12Speaker 16

I think underneath the deck is storage.

2:31:14Speaker 14

Underneath in the basement.

2:31:16Speaker 4

Okay, okay. It's not like a dumpster out on there. Because that is literally seven feet from my property line right there.

2:31:25Speaker 16

It's okay, hold on. That's why they got the variance to go from ten to seven. Is that right, John?

2:31:33Speaker 4

I think they stayed at seven. The building on the existing foundation is my understanding. It's that it's not shrinking from seven, that it's staying at seven. Right.

2:31:42Speaker 16

They had to get their variance for that.

2:31:44Speaker 4

I think they're keeping that part. The only reason they're keeping that part of the foundation is so they can get the variance that they asked for.

2:31:51 – 2:32:47Speaker 16

Okay. Real quick, on the plans, again, there's the same kind of storm drainage system in the driveway on your side that catches this water. But yes, that's the ski slope where if you're rollerblading, you're gonna go down the hill. But I want them to explain it and make you satisfied that this system's gonna work and not flood your house. Okay? So why don't you come up, or your engineer, because it's more storm system, explain it to this gentleman. And you can stand right here, sir, if you'd like to. So again, you don't have an easel. Why don't you pretend you're the easel? You hold, there you go. Go ahead. You don't need to stand by the microphone. You can point at it. She can pick you up. So just show him where the wall is and show him where the drains are.

2:32:47Speaker 14

There's a wall here. See there's a, there's going to be a wall. That's not there now. No. Right.

2:32:57 – 2:33:28Speaker 21

They have a wall. There's two existing walls. They're kind of dilapidated. Yeah. I guess they're like planters. But we're going to put a brand new wall. So it's going to help manage and flatten the slopes and smooth the slopes. And it's going to come, all of this is going to be Vaughn. So none of the impervious is going to go onto your property because we're going to capture it and send it way into the back.

2:33:29Speaker 16

Is there a lawn buffer between the property line and the asphalt driveway going down?

2:33:38Speaker 21

There is. There is no requirement as far as...

2:33:41 – 2:33:58Speaker 16

I don't care if you're trying to amass it. Well, there is. It says proposed retaining wall designed by others. Proposed railing designed by others. I can't tell in that spot if there's any grass. The wall's not shown here.

2:33:58Speaker 4

So is the wall going to be like here? Yes. Right here.

2:34:03 – 2:34:20Speaker 14

Yes. So it's a plus. So it would be blocking the water going towards your lot. Right now, I mean, the way it is, do you see any water going toward you? No, not usually. So you would imagine... A wall that's, you know, additional.

2:34:20Speaker 4

Like a small wall or like a ten-foot wall?

2:34:23Speaker 16

No, it's proposed to retain a little less than four feet in height.

2:34:30Speaker 4

That wasn't clear. Okay, so that's actually right on the, sorry, I don't know if I'm allowed to do this. It's on the property. Right on the property law. You're going to build a wall.

2:34:38Speaker 4

It has to be on his property. Right, and this is going to stay sloped down. It's just this part that's going to be filled in? Yes, sir. Got it.

2:34:48Speaker 3

And the filling, you're pointing to the driveway, I'm assuming? Yeah. And the driveway has the catch basins, so that won't flow towards your way.

2:34:57 – 2:35:21Speaker 16

And that explained to me, and then it says, install corner log stabilization, nine pounds per minimum, shallow depth trenches, and open slabs deeper than the C detail. What's that all about? And the other thing is, That's the permanent solution. During construction, just explain to this gentleman what you're doing during construction when this whole thing's done.

2:35:21Speaker 12

To stabilize the slope. Okay.

2:35:24Speaker 16

Because we don't want this thing flooding this house while it's under construction. No, definitely nobody would want to do anything.

2:35:29 – 2:35:41Speaker 21

So during construction, the slopes will be stabilized using choir logs, C-O-I-R logs. That's what's on the plan here? Yes, and it's actually on the detail, too.

2:35:42Speaker 16

Choir log stabilization, 9 foot-pounds of minimum.

2:35:46Speaker 21

What is a choir log?

2:35:49Speaker 16

We're getting a lot of new words this week.

2:35:53 – 2:36:12Speaker 21

I haven't really, I'm not too familiar, but my office is, or my firm is. But basically the whole point is to stabilize it so that vegetation can grow so that no excess sediment, dirt, erosion will happen and go onto your property. It's just to stabilize it until lawn and vegetation can grow.

2:36:12Speaker 17

Isn't this like a railroad tie?

2:36:14Speaker 16

No, what about silt fencing and all that stuff?

2:36:16 – 2:36:59Speaker 12

There's silt fencing. They show it all around the site. They show it basically on the north and south property line and not going as far west as the western property line. So it's right before the sewer easement in the back. So it's about, looks like about 25 feet from the rear property line. So basically they're using the north and south and not going as far back as they need to be. So there was going to be a black silt fence on both the north and south property lines and then the core logs and soil stabilization, especially along the south property line because that's higher than Mr. Steinberg's property, they are a little lower than Ms. Colastro's property.

2:36:59 – 2:37:15Speaker 16

In one application, we had them put hay bales in front of the silt fencing. This might be another person for that. It's going to be hay bales for, I don't know, what's that, 100 feet, 50 feet?

2:37:16Speaker 12

Ian, what do you think?

2:37:18 – 2:37:29Speaker 16

Because those silt fences never work. What we do is you put in the self-fencing, which is three feet high, and put a hay bale in front of it the entire way.

2:37:29Speaker 3

Along the bottom.

2:37:32Speaker 17

To make sure they don't shift.

2:37:35 – 2:38:15Speaker 9

Do you remove the choir logs? Do they stay there permanently? That's what I thought. They're there to kind of, grass is going to grow on top of and around them and eventually over them. But what they kind of do is sort of add structure to the slope so that just natural erosion will be stopped by these things. So they're like a degradable piece of wood, right? That's what they're there for. So it's not quite like steps, but it will have that kind of like act as it initially. And then over time, as more grass grows on it, you have a nice slope, but the slope is way more stable than if it were just like trying to plant seeds into loose rock on a hill.

2:38:18Speaker 16

You'll do that? You're doing the choir logs, but you're going to do this other thing.

2:38:21Speaker 3

Hay bales along the... Or hay tubes. Hay tubes, yeah.

2:38:28Speaker 9

In front of the sill fence at the top, that's all we're saying.

2:38:30Speaker 16

So it's going to go from the south... For the slope? Yeah, just the stop. Just the slope, yeah. From the southeast corner...

2:38:37Speaker 9

I don't think you need it on the other side. You don't need it on the other side.

2:38:40Speaker 3

Just one side.

2:38:41Speaker 16

From the southeast corner... As far down as necessary.

2:38:45Speaker 9

Yeah, we can write that in. Okay. Okay.

2:38:50Speaker 16

Okay. Anything else, sir?

2:38:54 – 2:39:16Speaker 4

No, I wouldn't know enough to ask anything else. I appreciate the questions from the commission. I trust that, you know, the engineers and everybody else have kind of done all the work. And I mean, I'd be happy when the finished product, it looks really nice. So I'm, to be clear, you know. I'd love to see it. That's still fencing stuff? That's just during the construction? Yes, yes, yes. Okay, okay.

2:39:17Speaker 9

If you see it fall down, give these guys a call.

2:39:21Speaker 4

I know who to call right when it doesn't work. Yeah, that's actually, my wife would say, did you ask them what happens if it doesn't work? Who's responsible? It's the town hall.

2:39:27Speaker 16

Fred, don't I, D-O-N-I-E. That's great. He's the guy with the glasses.

2:39:36Speaker 17

Okay, thank you, appreciate it.

2:39:38 – 2:40:00Speaker 16

Thank you for coming. Any other questions for the general public on this one? When is this going to start? When do we think the construction is going to start on this? Well, we have the process of getting it approved, hopefully, and then move to the building department and see what else. You want to get it in this fall? When do you want to start digging a hole?

2:40:00Speaker 14

Based on the extension that they were generous to give us the second time because of the lapse with the firm,

2:40:06 – 2:40:42Speaker 12

i believe we have until january sometime then we have to meet the requirement for the building permit yes so it's likely the commission's not going to act on it tonight they next meet on september 22nd so they might vote on it that night then what mr yell does explaining is they'll need a demolition permit because demolishing much of the building then a building permit So the foundation permit. Foundation permit, architectural, detailed architectural plans. So my guess is the earliest they would start work would be probably January, you think. I agree.

2:40:42Speaker 16

All right. So it's after Christmas, after the first week.

2:40:45Speaker 14

And usually we can build in the cold. So it's going to outweigh the frost.

2:40:49Speaker 4

Yeah, that might hold up a little bit.

2:40:51Speaker 14

It's probably spring after all.

2:40:53 – 2:41:05Speaker 4

I'm sorry, can I ask one more question? Sure. Demolition, I mean, that's not like dynamite blowing up the house. No, no. Okay. Just a blowtorch.

2:41:05Speaker 16

The fire department may be there. Do they need to do any row hammering?

2:41:11Speaker 12

Probably not because I don't think there's any ledge here. Okay.

2:41:15 – 2:41:32Speaker 9

If we put in a condition of approval, no hammering or chipping, is that okay? Okay. so you they won't even know that when you're trying to break up ledge we'll make sure they can't do that either appreciate that thank you he says he's got seven feet away i don't know that he can answer that just yet

2:41:35Speaker 17

I don't know that he can make that statement.

2:41:37Speaker 21

I'm not the contractor, but just logically speaking, sometimes it works. It has to be a foundation.

2:41:47Speaker 16

Did you do test borings all over the site to determine if you hit ledge rock?

2:41:52Speaker 21

We did a test fit in the rear. There was no ledge found.

2:41:55Speaker 16

What about at the streets up at the top?

2:41:57Speaker 21

But we did not do any tests or borings that I witnessed or know about.

2:42:01Speaker 17

It's almost impossible because there's a structure of where they're going to be building.

2:42:05Speaker 14

The question that came from Tyne Vaughan, the reference was there's a wetland.

2:42:17Speaker 17

I don't think they can represent that.

2:42:23Speaker 16

Put it this way, if they have to do significant whole revenue chipping, they have to come back.

2:42:32Speaker 14

I mean, did you have any ledges since you built that? Any, sure. Okay. You guys should sit outside. That's okay.

2:42:40 – 2:42:53Speaker 16

All right. Any other? We're good? You all set? Thank you very much. I appreciate you. With that said, looking for a motion to close this side. Adam's got the motion. George got the second. Here he's closed. Fantastic.

2:43:01Speaker 1

Thank you, guys.

2:43:15 – 2:44:19Speaker 16

All right, next item on the agenda, Subdivision Application Number 632A, Zanapo, also known as PL26-80. Missionary Society of Connecticut, Inc. at 471 Mansfield Avenue, proposed to subdivide the property into four single-family residential house. The subdivision has been designed to comprise with section 840 of the darien regulations utilizing alternate lot width and side yard requirements under the conservation subdivision provision which allows for increased open areas open space areas the 14.45 plus minus acre central property is located on the west side of mansfield avenue approximately 200 feet south of its intersection with Stephen Mather Road, and the show note assessor's number two as lot 35 in the R2 residential zone. Now, we saw this application a couple times on preliminary meetings. That's correct. Pre-application hearings.

2:44:19Speaker 18

December 15th and July 7th.

2:44:21Speaker 16

And they also went to ZBA. No, they went to EPC to get all kinds of approvals.

2:44:29Speaker 16

And those were approved?

2:44:31Speaker 18

The EPC approved it effective September 3rd, 2026.

2:44:38Speaker 16

Five days ago. Fantastic. All right. So beyond that.

2:44:41 – 2:47:18Speaker 18

Has anything changed since we last saw it? yes okay thank you yeah so um yeah the this application is to subdivide the 14.45 acre property into four separate building lots under section 840 of the zoning regulations using reduced lot widths and side yard setbacks under the conservation subdivision regulations to increase protected open space on the property The property is currently developed with St. Paul's Church, two residences, and a garage. The northern portion is largely wooded with stony brook running through it and includes extensive wetlands and steep slopes as well. The property is boarded on all sides by single family residences. As we mentioned, the subdivision came before you as a preliminary application on December 15th and again on July 7th with updated wetland delineations for your consideration. And at that time, the Commission recommended that the applicant move forward with a full application to the Commission. And that's why Craig is here this evening. Each lot's buildable area is located along Mansfield Avenue with the previously developed portions of the site. Approximately 54% of the property or about 7.86 acres will be protected as open space or through deed restrictions. And this proposal went before the Environmental Protection Commission in July and August and was approved by the EPC, as we just mentioned, on September 2nd. The application was referred out to Joe Canis of Ty and Bond. He submitted comments for the record dated May 27th and June 3rd, both comments associated with the EPC application. In its most recent memo, June 3rd, he noted that all previous comments have been addressed. We also received a email, August 18th email, from Bob Bush of the fire marshal's office, noting no issue with the application. And this evening we have Mr. Flaherty to present the details of the application.

2:47:19 – 2:47:41Speaker 9

Right. There's no change from the EPC application that Candice had no further comments from than what we're seeing. Correct. Correct. So those comments, while only applicable to the EPC, are valid for this as well. That's right. It's not going to rewrite another letter. Correct. You know, we're just going to use the EPC one as his comments because they'd be identical.

2:47:41 – 2:48:59Speaker 18

That's right. Also note that as part of the Environmental Protection Commission's approval on September 3rd, Rick Talamelli of the Environmental Protection Commission, the Environmental Protection Officer in the Planning and Zoning office did note in a memo that was issued by him today, I will read what he wrote here, in addition to the conditions outlined In its resolution, the EPC in its capacity as the town's conservation commission reconfirms the ecological significance and conservation value of the property and recommends that the planning and zoning commission consider adding to the conservation areas proposed under the wetlands and watercourses permit by relocating the conservation boundary closer to the existing top of slope and perhaps to the limit of the upland review areas east of Stony Brook to better protect the resources and ensure an unambiguous division between the developed and enhanced protected spaces.

2:49:00 – 2:49:15Speaker 17

So to make, I just want to be clear, EPC made an approval and Rick's comment is saying he wants EPC's approval, us to go above and beyond what the EPC decided? Is that what I'm hearing?

2:49:15 – 2:50:02Speaker 12

I think the, and Craig can fill us in a little bit. My understanding is that EPC, they talked about, and Craig's going to show you where the proposed conservation easement is. The question is, where do you put that easement relative to Stony Brook? How high? Do you put it at the top of the slope, the middle of the slope, the bottom of the slope? Do you follow the contour line? And there's a lot of discussion. I think the EPC had two public hearings on this, if I recall. At least. At least, maybe more. So the question is, so the EPC approved it. And Craig's going to show you where they approved that line. But as I think there was some feeling as a conservation commission, well, Maybe that could change, but they did vote on where the, Craig's going to show you where they could vote on.

2:50:02Speaker 3

But that makes no sense. I'll go over it and talk about it.

2:50:05 – 2:50:24Speaker 16

Please. Thank you. Let me ask one question. I've seen that before. With regards to, we have two plans. You have their alternative, right? I know you have, but I want to know what EPC said. This is what they want. Okay. Mr. Flaherty, welcome, sir.

2:50:38 – 2:51:19Speaker 20

All right, good evening. For the record, my name is Craig Flaherty. I'm a professional engineer licensed in the state of Connecticut here with the firm Redness and Mead, a land use consulting company primarily based out of Stanford on this project providing land surveying, site civil engineering, and zoning consulting services to our clients, the Missionary Society of Connecticut, also known as the Episcopal Church in Connecticut Commons. Before I get started, I'm sorry I couldn't help myself. These are core logs. Thank you. They're straw wrapped in jute netting. They're a temporary sediment erosion control device. Okay. Sorry.

2:51:19Speaker 16

Thank you. So that's what they're putting in. You went to Lehigh.

2:51:26Speaker 11

Anybody else in this room went to Lehigh?

2:51:29Speaker 16

But he's an engineer. My kid's an engineer.

2:51:33 – 2:53:48Speaker 20

Okay. Sorry. So the proposal is simple. Well, in my mind. It's taken a while to get here. It's a 14.4-acre property today. It is in the R2 zone today. We are proposing four single-family residential lots, each at least 2.5 acres or so in size. A couple got bigger, and I'll explain why. And then 54% of the property is proposed to go into a conservation easement. This is the outline of the property there today. North is to the right as you're looking at it. Mansfield Avenue is at the bottom of the screen. So you can see, for instance, the church and sanctuary garage, residence number one, residence number two, driveways and parking areas surrounding, all served by septic systems. And here there were not only a sanctuary, there were community rooms, offices, classrooms, as you might have imagined with kind of a full-service church serving its community. The church is seeking to subdivide the property. This particular parish is no longer viable. They take a look at their properties throughout Connecticut and make decisions about what to do with them and they're trying to prepare the property for sale and a part of that is to subdivide it into what we believe is its highest and best use. And they'll use that to then reinvest in their mission in other ways and do the good that they do. So this is where we want to get to. This is four lots, one, two, three, four. The portion of the property that we developed is the portion of the property that is already developed today with the church. And the portions that will be protected in a conservation easement are the portions that are generally wooded there today. So the natural areas stay natural, the developed areas get redeveloped.

2:53:48Speaker 16

Can you use your finger just to outline where the stony brook is?

2:53:52 – 2:54:15Speaker 20

Sure, yeah. It actually, so you can see it right here in the slight darkness in the aerial. And we set the conservation easement right in the center line of the stony brook in this area. water shifts down to that point, and then water moves along, and then you can see the Stoning Brook here winding its way off property.

2:54:16Speaker 3

Why that jagged a little bit on the plot line?

2:54:18 – 2:54:31Speaker 20

Again, it's just following, this is following the center line of the Brook. Oh, got it. This used to be a few simple open spaces, that's kind of how that got generated. Okay, got it. So yeah, I'll go there now. This is the original application.

2:54:31Speaker 16

So the Stoning Brook is, the property line is in the center of the Stoning Brook.

2:54:35Speaker 20

The conservation needs . Yeah.

2:54:37Speaker 16

Well, it's a property line too, right?

2:54:38Speaker 20

Yeah. It is not a property line. So the way this is set up.

2:54:41Speaker 16

The lot lines for the lots is not in there?

2:54:44 – 2:56:19Speaker 20

No, the lots are like, let me go over that a little bit. Okay, go ahead. So this is where we started. This was the original application submitted on May 12th. It was the application you saw in December and June. So at the time, we had lot one, for example, ran from front to back. All of that was lot one. And this was some conservation easement area on lot one. Similarly, all of this was lot two. That was some conservation easement area on lot two. So that's what the hatches represented. And at the time, we had these two fee symbol open spaces that didn't belong to a lot. And that is one of the changes inspired by our time with the Environmental Protection Commission. They prefer this alternate version of the subdivision. We still have the same developed area on the side. We still have the same 54% in open space. But instead of having these two fee simple parcels, those are just wrapped into the adjacent lots. The advantage for them is there's one conservation document that covers all of the same easements. for instance in this arrangement if some action happens here who's responsible instead of having to deal with four people who knows arguing over who did what and what needs to happen and how it needs to get fixed in this uh in this arrangement There is just lot four is responsible for those two conservation easement areas. Lot one is responsible for this conservation easement area. So they saw it as a great simplification of how to do the open space.

2:56:19Speaker 16

Can I ask you a question? Yes, you can. Thank you. I thought at one point there was a contemplation that the Darren Land Trust wanted those two open spaces.

2:56:29 – 2:56:56Speaker 20

um so there have been conversations between the land trust and the property owner i don't think they ever got to a point of uh conclusion on those conversations okay because i it okay that's fine i was on the impression that we were going to give those two big pieces to the land trust that was yes that was something that was talked about early on there were conversations the conversations have not yet come to fruition So that could happen in the future, though.

2:56:56Speaker 9

The property owner can grant those at a later date. Correct. Or between now and sale or whatever.

2:57:02Speaker 16

Right. So the excess conservation easement for lot one and the excess conservation for lot four deal with the land trust editor.

2:57:15 – 2:57:28Speaker 20

Yeah, maybe those folks don't want to have all that excess land and be responsible for it. Somebody could buy all four lots and donate all of it. They very well could do that. But that's not why we're here tonight.

2:57:28Speaker 16

The conservation easement, so there's five conservation easements. Four.

2:57:33Speaker 20

Well, yeah, I guess two on lot four, yeah.

2:57:36Speaker 16

Right. Those are going to be owned by the owner of lot four.

2:57:39Speaker 20

The individual lot of four. Okay. Yeah. So your lot, you've got a conservation easement in the back.

2:57:46Speaker 7

Please proceed.

2:57:48 – 2:58:34Speaker 20

And so the lot areas are larger, but a lot of the lot is protected. This is a 4.8 acre lot, 2.49, 2.6, 4.51. So again, the existing conditions, there's a special permit use on the property today, two residences, a garage, parking lots, access drives, walkways. There's about 1.6 acres of impervious coverage. There's three septic systems and no stormwater mitigation. That's just another way to look at the existing condition. So it's also another way to look at the conservation easement. So you can see the double dark line is the Stony Brook. Okay. And then the conservation easement, at least in this portion, comes up to the middle point of the Stony Brook.

2:58:35Speaker 16

That's a new conservation easement. That doesn't exist today.

2:58:37 – 2:59:54Speaker 20

Yeah, exactly. And you can see the edge of wetlands. And then this is just kind of an indication of rough natural areas versus maintained areas today under existing conditions. And why the middle of the water courts versus the... A couple of reasons. As an engineer, I think about where might water want to discharge depending. Sometimes, even though you say, oh, we'll keep it at the top of the hill because we want to stay out of the setback. We'll do a level spreader. The right place might be at the bottom of the hill so you don't cause erosion on the hill. I'm just trying to preserve options for people. And also, we're giving 54% of the property to open space. I'll get to it later in the presentation, but we looked at the other conservation subdivisions that have been approved over the years. I think there's four of them. And the amount of open space proposed in each of those ranged from 30% to 39%. So we're already kind of exceeding the norm on a conservation subdivision when, of course, conventional subdivisions are only 10% open space. So we feel like we're giving enough. If for whatever reason, and there's still a lot of restrictions on this area because it's still an EPC regulated area. It's still a lot of land review area. We still have to get permits to do anything in there. That's a great answer. Yeah.

2:59:54Speaker 16

But I own half the river for repairing rights, so I can go fishing in it.

2:59:57 – 3:00:46Speaker 20

Sure. Exactly. If there's some reasonable use of this space that you have and it's not going to cause an impact on wetlands or waterfours, I want those property owners to be afforded that right to ask the question. Okay. So we talked about Stony Brook. There's no floodplain on the property. This is too high in the Stony Brook to have a mapped floodplain. And then we talked about the west and north sides being flooded. This is the extent of wetlands on the property, wetlands shown in green. uplands shown in yellow. So it's also interesting we're putting three acres of uplands into a conservation easement as well. So it's not just about protecting lands that are generally already protected. We're putting three acres of uplands into the conservation easement as well.

3:00:47Speaker 16

Can you go back to the prior slide where you said something about Pfizer in it?

3:00:53 – 3:01:43Speaker 20

Oh, that is the name of the soil scientist, Pfizer-Jannik. Okay, thank you. So proposed conditions, the four lots, single family residential, 54% open space. The original submission was the two open space parcels. Now we've gone with this alternate submission, which is preferred by EPC. I should say here before the next bullet, although I volunteer on the town's sewer commission, I am not here in any official capacity in my role as that volunteer. I am here as a consultant for the applicant. I recuse myself from all matters related to this before the sewer commission, but we do know that the sewer commission approved the extension of Mansfield Avenue. So these four lots can be served by sewer and those three septic systems can be eliminated.

3:01:44Speaker 16

Which is really... Who pays for the sewer line extension?

3:01:47Speaker 20

The developer. Whoever ends up building lots.

3:01:50Speaker 16

Okay. So it's got to get extended 400 feet. The developer's paying the 400 feet to extend the sewer? Yep. Exactly.

3:01:59 – 3:03:30Speaker 20

They'll be, what's required is a developer's agreement between the entity extending the sewer and the sewer commission. So they agree on how there's a developer's agreement that will ultimately be established between the entity extending the sewer and the sewer commission. So the sewer commission has control over the quality or type of the extension and there's also usually a because the sewer extension is sized not only for these four lots, one, two, three, four, But when you do an extension, you have to size it for the lots across the street as well. So it's, I think, one, two, three, four, five. So it's sized for nine lots. And so when you do these developers agreements, if someone from across the street decides to hook in in the future, they have a connection fee that basically allows the original entity that extended it to recoup a pro rata portion of the sewer extension. So as it stands today, the five lots on the south side of the street don't have to pay a dime for this successions that we put in front of their house yeah yeah there's no dollar that goes out day one is only if they choose to connect and they'll pay a 20 27 dollar for whatever whenever they connect that doesn't go up over time it's fixed in 2027. that's the principle that you pay okay thank you because it's a utility extension it might need a mandatory referral

3:03:31Speaker 12

But that's way down the line.

3:03:33Speaker 16

Yeah, I'm just trying to make sure that the sewer extension doesn't get passed on to people that don't want sewers.

3:03:37Speaker 9

What happens if the entity that extends the sewer or the developer is long out of business? Where does that refund go?

3:03:43Speaker 20

We have had, I'll put my other hat back on, we've had trouble. It's 10 o'clock, I know we're all talking. Occasionally we've had trouble finding people to give them their money. Yeah.

3:03:52Speaker 16

You've had trouble finding people to give them their money.

3:03:55 – 3:04:07Speaker 20

Bob Collins. I don't know, I don't know. I don't think we, I think, At this point, I think we've always been able to find them. It's easier to find people when you're trying to give them money. The person's trying to get money from them. Take it away.

3:04:07Speaker 9

They're out of business. Give them money. The LLC's still inactive.

3:04:11Speaker 16

So keep going, buddy.

3:04:12 – 3:04:46Speaker 20

I should also note that the form of the conservation easement, so part of what we are required to do under the conservation subdivision regulations is give you a draft of the deed that's going to cover the conservation easement, the instrument. So the version that we submitted on May has been superseded. During the EPC process, the Dairy and Land Trust actually provided language that they prefer from another open space, I think it was New Canaan, and we actually adopted their language and have made a couple of changes to it over the intervening months. as we're working with EPC.

3:04:47Speaker 16

So you said Darien Land Trust gave you wording? Yes.

3:04:51 – 3:05:48Speaker 20

And we used it and Elizabeth Mathis wrote a letter saying, thank you very much. Hopefully this becomes more of a model for how CEA language is done at Darien. That letter is on the EPC record. So another thing that we're supposed to do is prove to you that these lots are feasible, that we can build nice houses on them, that we can deal with the stormwater. And so these are conceptual lot layouts and they can change to the whim and fancy of whoever buys these lots. But we put three car garages in and big drive courts and 4,000 square foot footprints and a big back patio. conservative amount of impervious coverage. This impervious coverage, even if developed like this, is about half of what's there today. So even if we did no stormwater management, we're having a pretty substantial positive impact on stormwater runoff and stormwater quality, and we're also doing sewer instead of septic, so we're improving water quality and groundwater quality in that respect as well.

3:05:48Speaker 16

So this is the conceptual ones that makes us be able to approve the conservation? Yes.

3:05:52Speaker 20

We agree the lots are feasible, is what the action is. We don't care what it costs.

3:05:59Speaker 16

It's physically feasible.

3:06:00 – 3:07:39Speaker 20

We did soil testing. We did deep pit tests. We did percolation tests. We designed schematic stormwater management systems for this amount of impervious coverage using the fresh meadow standard. Joe Canis looked at everything, signed off on everything. So stormwater is pursuant to your regulations and the new drainage manual. Thank you. And you can just kind of see the amount of impervious coverage under existing conditions versus proposed conditions. Even if someone decides to build a pool or pick a ball court, it's still going to be a reduction. This is some of the environmental stuff that was developed through our EPC application. So we have a buffer enhancement plan. So we're focused on this area, which has had a lot of impacts over the years with tree die-off, invasive species. There's a house in the buffer. There's a septic system in the buffer. So we've gone through and cataloged all the ways that we're going to improve that area between where the brook is and the top of the slope. Removing the residents, removing the septic system, removing old landscape debris, removing hardscape, having an invasive plant management plan, creating a buffer demarcation feature. adding plantings, et cetera, et cetera. And similarly, we brought in Environmental Land Solutions, Kate Throckmorton, to develop, really it's a landscape master plan of the types of tree cover and shrub cover we're looking to establish in this zone. So this is all now a requirement of the EPC application.

3:07:39Speaker 16

This is conceptual, this is not factual?

3:07:43 – 3:08:02Speaker 20

This is a master plan that basically said, here's the type of... vegetation that you're allowed to put in, true natives, right? And here is the general quantity and location. So it might say shade tree, flowering tree, shrub. You get to go in and pick which ones you want.

3:08:02Speaker 16

But if you add that up, you're adding 300 trees or something?

3:08:09Speaker 20

29 shade trees, 29 understory trees, 62 shrubs.

3:08:11Speaker 16

And we're not giving them the exact name. That's fine. Now, what Fred read at the beginning about what EPC, Rich Tubman, and Wander.

3:08:20Speaker 20

Yeah, we'll get there now.

3:08:22 – 3:10:13Speaker 20

Thank you. So basically, the Environmental Protection Commission wears three hats. Flood and Erosion Control Board, not applicable here, the Wetlands Agency, which is the action that they took on the application that we had before them, and the Conservation Commission. So as the Conservation Commission, they can provide referral comments on a conservation subdivision, a conservation commission. But as a wetlands commission, they're bound by their criteria for decision, which is established by state law. So they recognized that this was a good subdivision that was doing good things for the wetlands and the watercourses, based on their criteria of decision they needed to approve it which they did they then had a discussion that said but it would really be nice if there was more conservation easement area so we're going to put our Conservation Commission hat on and give recommendations to the Planning and Zoning Commission to consider we recommend more conservation easement area Can you tell us what they, other than we'd like to have it, is there any justification? More than the 54%? This is why we resisted throughout that process. So right now it's at the bottom, in the middle of the river, bottom slope. And so they want to move it east because they want to protect the upland review area and this buffer enhancement area. I guess he used the word something about clarity or to avoid confusion. If this is your upland review area, which is a regulatory line, the CEA line should be in the same spot so no one's confused. And how many acres did that add? That would be 70% of the site in conservation.

3:10:13 – 3:10:28Speaker 17

No one's going to be confused because they're going to have a survey that demarcates exactly where the wetland is and where the upland review area is. I don't understand why they would need shrubs to not be confused. I agree completely. I just want to make sure I'm seeing this. I'm not missing something.

3:10:28Speaker 3

Maybe it was a Hail Mary.

3:10:29Speaker 16

No, but I'll tell you something.

3:10:32Speaker 3

You can't argue about it.

3:10:35 – 3:10:48Speaker 16

But tell me, to me, the natural buffer is the Stony Brook. If the lots go to the Stony Brook and the Constitution on the other side of the Stony Brook, that's a natural, visible delineation line between the two. Am I correct? Sure.

3:10:49 – 3:11:03Speaker 20

That's why I said it there, because that was a very clear observable thing. Obviously, they're, as the Wetlands Agency, concerned about protecting their buffer, too. I understand.

3:11:03Speaker 3

I get that. But that would be, wait, you said, you added... It would be 70%.

3:11:09Speaker 16

It's going to be from 54% to 70%.

3:11:11Speaker 3

Yes. Is there anything that has come close to that?

3:11:14Speaker 20

No, but as far as my research showed, between 30% and 39%.

3:11:17Speaker 7

Could I just ask for some clarity? Because when you started, you showed us the map. Yes, sir. And you said this is what they want.

3:11:26 – 3:11:47Speaker 20

Well, this is the application that the Environmental Protection Commission approved. And this version of the subdivision, so we started with this version, which had these two fee simple open space parcels. And so when I say version they want, they want the version that is Doesn't have fee simple parcels that they're included in the lots.

3:11:47Speaker 17

And if you were to take your finger and demarcate the additional buffers. They would want it like here somewhere. Beyond they've approved this.

3:11:57Speaker 17

But they're saying, hey, P and Z, why don't you think about adding even more?

3:12:02Speaker 16

How can I, from Laban's perspective, how can I tell where I'm walking into wetlands versus not walking into wetlands?

3:12:11Speaker 20

Well, I think these particular wetlands you would know. They're flat next to the river. They're wet. There's skunk cabbage. There's the watercourse. You're going to know, oh, these are wetlands.

3:12:18Speaker 16

To me, it became a little bit more like,

3:12:39 – 3:13:03Speaker 20

they're trying to enhance their regulatory authority over the upland review area and it was like is another piece of paper on the land records really going to make a difference uh so so if my landscaper puts leaves in this wetland buffer he's not allowed to no and we're going to have some at the buffer demarcation line which is the top of the hill

3:13:05Speaker 16

So if the guy blows the leaves into the bottom of the hill, that's too bad.

3:13:12Speaker 20

This is still a regulated area. You still have the full force and effect of the inland wetlands and watercourses regulations.

3:13:20Speaker 17

And those don't just go away.

3:13:22Speaker 3

It's just another definition of a line. I mean, yeah, that's all. Okay.

3:13:27 – 3:13:38Speaker 9

I mean, even if you move your landscaper below the leaves into the other side of Stony Brook, it's not going to stop anybody from doing the thing you're trying to stop. So it's just move on.

3:13:39Speaker 20

Conscientious people are going to be conscientious. People that aren't conscientious are not going to be. What you call the line is not going to change anything.

3:13:48Speaker 16

It happens all the time with the landscaper thing, but OK. But just try to make sure everybody's on the same page.

3:13:53Speaker 20

Yeah, and you have all the information, right? Yeah, that pretty much covers that. These were the four conservation supplements that I looked at.

3:14:01Speaker 16

You stopped at 7.99 acres. Yeah, 7.86 acres of the property is going to be protected, which includes three acres-ish of upland and 87% of the wetlands on the property.

3:14:17Speaker 20

And the last four conservation subdivisions were between 30% and 39% conservation easement area. And the last subdivision approved by Planning Assembly was only a two lot, which is why it didn't have any CEA.

3:14:27Speaker 16

And what CEA? Conservation?

3:14:29Speaker 20

Conservation easement area. Okay. Yeah. These were the four prior conservation subdivisions that we counted.

3:14:36 – 3:14:51Speaker 16

There's one over here. Did we miss one? There's one over here that's on Rowan Avenue. It's on a site like Bates or something like that, what's that? Maybe Mountain Lane? No, it's that little dinky street. At Bishop's Gate? No, it's .

3:14:51 – 3:15:02Speaker 20

Yeah, Shields Road. No, it's right before . So that's the application. Jeff Scalia built it. You have.

3:15:02Speaker 16

It's not on the map.

3:15:04 – 3:16:16Speaker 20

You have standards of review. Any subdivision or resubdivision plan modified under the terms of the section shall in no way change the intensity of use as prescribed for the applicable zone and shall not adversely alter the visual character of the immediate neighborhood or otherwise, in the judgment of the Commission, have any detrimental effect on the surrounding area. This was the test that we handled during our preliminary conversations with you. In a basic application of your regulations, we could fit a fourth lot compliant with your current standards back here. We don't want to do that. We want to put this all in open spaces, which is why we're asking for the reduced standards that we're asking for. And so those reduced standards, we've added one since the original application. So one is the lot width. Instead of 200 feet in the R2 zone, we're at 140 feet. That's the primary one. And so lots 1, 2, and 3 are at 140 feet instead of 200 feet. And because we made the lots narrower, your R1 lot width, for instance, is 150. We're at 140. So we are also asking for the R1 side yard setbacks. So we're asking for the reduced side yard setbacks of 25 feet instead of 35 feet in the R2 zone.

3:16:21Speaker 16

Because this falls on us because it's a subdivision that doesn't get nothing to do with CBA. So we're improving building envelopes.

3:16:29 – 3:17:30Speaker 20

Correct. Got it. So the one that we added after our back and forth with EPC is the front yard setback for lot four being at 45 feet instead of 50 feet. And let me describe that. So first of all, Mansfield Avenue is a deficient right-of-way. Mansfield Avenue is not 50 feet wide. It is a little bit less than 40 feet wide. So when you have a deficient right-of-way, you go 25 feet from the center line plus your setback. So this line on Lot 4, even though it's a 45-foot setback is still more than 50 feet from the front property boundary because of the division. So it's basically in the same position it would have been. And the reason we're asking for a little more room this way is to just relieve some pressure on the upland review area, right? Be able to put the house a little bit farther forward, have a little bit more room to fit everything in on

3:17:33Speaker 3

and that explains it because you needed to get more... It's not as deep. Yeah. Exactly.

3:17:37Speaker 20

So you're getting, you know, basically instead of the backyard, you're going to get a side yard kind of thing. Okay.

3:17:42Speaker 16

So the setback line is from the center line of Mansfield Avenue?

3:17:46 – 3:17:59Speaker 20

So yeah, normally you would add 25 plus 50, so you'd be 75 feet away from the center line of Mansfield Avenue, and we're asking for 70 feet away from the center line of Mansfield Avenue, right? So we have... The center line of Mansfield Avenue.

3:17:59Speaker 11

Mansfield is too narrow. Oh.

3:18:01Speaker 20

Yeah. And so it's all clearly indicated on the subdivision map. So there's the 75.

3:18:12Speaker 3

Are those also non-conforming lots?

3:18:14Speaker 20

Yeah, so that gets to this as well. Actually, thank you for that. Let me go here.

3:18:19Speaker 7

Before you go, if I may, I don't think I heard the reason why you need narrower side setbacks in two-acre plus zones.

3:18:28 – 3:18:52Speaker 20

Oh, because normally a two-acre lot is 200 feet wide. And so if you take 35 feet off each side, you have 140 feet left to build. We're asking for 140 feet wide lots, right? So we want 25 and 25, but 90 feet left. Yep. Thank you. Just a little bit more, because 70 would be pretty narrow. So we're looking for 90 in terms of the building envelope.

3:18:52 – 3:19:13Speaker 16

I'm looking at lot two. It says it's 130 feet wide. Am I looking at something wrong? I thought you said it was 140. It should be 140. There's a lot one is 141 lot two is 132.6 So it's 132 plus eight point two four.

3:19:13Speaker 20

Oh, are you looking at the front meets and bounds? Yeah. Well, yeah because you could have Multiple points.

3:19:19Speaker 16

It's very positive eight point two four. I go.

3:19:21Speaker 20

Yeah, but if you look at a little West on that map to page top you get these three dimensions.

3:19:30Speaker 15

I'm on a different map than you're on, but...

3:19:33Speaker 20

This is the... Oh, okay. You're reading the meets and bounds along the property boundary, and it's being divided by this monument.

3:19:42 – 3:20:43Speaker 20

Which is why you get the 132 and the 8. So we've got all the dimensions here. We've got all the dimensions up here. And again, you see minimum front yard, lots 1 and 33, 53. um and uh yeah if that shows up here kind of nicely yeah okay so if you look and How is this going to fit in with the neighborhood? It's another thing that you need to consider as a part of your standards for review. So if you look immediately across the street, you see all these non-conforming, very narrow lots. These are, I think there's a couple of them that are 90, and a few of them, most of them are 100 feet wide through here, and they're all less than two acres, even though we're maintaining our two-acre size over here. So where there will be four lots here, there are one, two, three, four, five, six lots across the street, five and a half lots across the street.

3:20:43Speaker 3

And four of them are narrow and two of them are well into the... Yeah, probably.

3:20:46Speaker 20

Well, that one's also narrow. That's not 200 feet. So that's probably the only one that's 200 feet.

3:20:51Speaker 16

And they're getting potential sewer hookups.

3:20:54 – 3:22:13Speaker 20

Correct. So section 842B is it has to be single-family residential. Okay. And we can't drop any standards below the R1-5th zone. Okay. Got that. The features to be preserved and the precise extent of the area or areas within which such features are to be located should be clearly and accurately delineated on the plan. showing you where the conservation easement area is. The area or areas so restricted shall be preserved in a natural and undisturbed condition in perpetuity or may be used for specific purposes that the commission determines to be desirable and necessary for the welfare values and livability of the general area. Anyway, we're using fairly standard CEA language to leave it in natural condition. So that's A42E is a suitable instrument. So you have the draft instrument as a part of the record. And we understand that eventually the town attorney probably wants to take pass through that. And the other specific comment from EPC is that they want to be the grantee on the easement. So it's not going to be an easement to planning and zoning. It's going to be an easement to the Environmental Protection Commission.

3:22:14Speaker 16

Did the land trust want the same thing?

3:22:19 – 3:22:38Speaker 20

Our client is comfortable whether it's planning and zoning or EPC, just not both. For the other four, who was the grantee here? The other four? Conservation. You know, I didn't look at the deeds on all of them. It is more typically EPC than P&Z, but every once in a while you'll turn up one that says P&Z. Does the town have any preference?

3:22:39Speaker 12

I think it makes sense, especially in a case where there's tons of wetlands, to have UBC be the grantee.

3:22:43Speaker 9

I mean, I don't think it matters to us, but if there's a preference for whatever, some lawyer somewhere thinks D&Z is better, then so be it.

3:22:51Speaker 16

So it would be the zoning enforcement . Yeah, exactly.

3:22:55Speaker 12

The same enforcement mechanisms. OK.

3:22:58 – 3:23:52Speaker 20

uh so 842f is the extent of variation from the specific requirements are noted i've gone through them you saw how they're noted on the plan uh 842g is kind of a catch-all the commission may impose additional requirements as conditions of approval for the modified subdivision plan including uh but not limited to the provision of buffer areas site development limitations landscaping architectural controls and similar simulations all such requirements shall be directed at fulfilling the purposes of this section so you've got some broad discretionary authority you can wield with your abandon um we always got that question greg can you put pools in these backyards uh probably one through three yes um i don't think you'll get it in four unless you really kind of figure out how it fits with your house footprint and how you want it to lay out put it on the side right now yeah yeah um But I just want to make sure you can fit a pool in.

3:23:52Speaker 16

They're very big lots. I want to make sure you can fit a pool in and not run into that wetlands buffer in the back.

3:23:59 – 3:24:23Speaker 20

Yeah, again, I think one through three, it's easy. Four, if you really wanted it and you could design it in such a way, you could get it, but it's not a layout. Okay. Thank you. And then the last one is actually kind of standard to all of your zoning regulations, which is in the extent that you get to a conflict between requirements or regulations, the more restrictive one applies. And that's your standards for rate.

3:24:24Speaker 3

So I have a hypothetical. Could that have been developed as like a multifamily if it was just sold as one lot? 830G?

3:24:32 – 3:24:45Speaker 12

Yeah, it would either be rezoned or 830G. I don't think either the current town plan or the proposed town plan would support rezoning it. So then it would be 830G would be the other option.

3:24:45Speaker 16

Got it. It comes up all the time. You know, there's always an 830G guy out there who said, oh, but it's church.

3:24:52 – 3:25:03Speaker 20

Yeah, for these, it would have to be 830G because most of your, you know, multifamily options, even for large lots or senior living and stuff, they start at the one acre zone and down. Yeah.

3:25:03Speaker 16

It would never get rezoned either. Okay. Yeah. What else, sir?

3:25:09Speaker 20

That's the end of my presentation.

3:25:11Speaker 16

Okay. Time out. Would anyone in the general public like to speak to this application or have any questions?

3:25:16Speaker 8

I have a lot of questions. You may come up to the podium. Let me get my notes.

3:25:20Speaker 16

Come up to the podium, give your name and affiliation. That would be great.

3:25:26Speaker 8

Lowell Brooks, resident of 69 Bridal Trail.

3:25:30Speaker 16

How far away is that? Okay.

3:25:33 – 3:26:01Speaker 8

So thoughts, a lot of this is very new to me. We got notice of this back in March. I hadn't seen any updated materials on this. They may be available, but I haven't been sent any. I got notice of the meeting today, so this is news to me. I'm not necessarily against what I'm seeing. I think the intent is good, etc., but it's news to me. I'd really like more time to review this.

3:26:02 – 3:26:27Speaker 16

What you get is you get a legal notice in the mail that the applicant is going to send to you, and it's pretty much like this paragraph. Correct. Right? You get that. Receive that. And it tells you where to go to. We went to a system called Open Government, and I stink at it, but if you click on that link, it'll give you. an electronic file that dates back to like three years ago.

3:26:28Speaker 8

Okay. I did see some old materials. I have not seen these updated materials on that site I looked at. They may be there. Maybe it's just my ineptitude.

3:26:38Speaker 16

Yeah. I'm not saying ineptitude is a good word, but I can't find them either half the time, and I call Fred, and he sends me a live link to exactly what I'm looking for.

3:26:47Speaker 8

Okay. Is it up there? Yes.

3:26:53Speaker 9

Yeah, I would assume it's up there.

3:26:55 – 3:27:06Speaker 16

Everything's going to be on the website because this guy is the file police. So let's move on. We have any major questions or minor questions today?

3:27:07 – 3:27:41Speaker 8

Big question. I don't see how you can reduce the frontage on Mansfield to those low numbers in an R2. I understand the other side of the street, somehow it was allowed, you know, too late, so sorry. But I find that wholly unacceptable. Okay. Five feet? So, no, the three lots that have the 130, was that? 140. 140. I'm sorry, the width. Yeah, the width. I find objectionable.

3:27:41Speaker 16

Okay. I don't mean to be flipped by any stretch of the imagination, but you're on bridal trail in the back.

3:27:48Speaker 8

I back up to lot four.

3:27:50Speaker 16

How does the smaller frontage on one, two, and three impact you at all?

3:27:56 – 3:28:09Speaker 8

Not directly, but being a closed property owner, I think it's going to be a reduced property value for those properties by having the reduced... frontage on Mansfield. For the lots that sell.

3:28:09Speaker 17

You're talking about frontage or side.

3:28:11Speaker 8

I haven't gotten to the side. Okay.

3:28:12Speaker 17

I just want to make sure I'm following what you're objecting to.

3:28:16 – 3:28:31Speaker 16

Right. But see, in life, we don't get into money. For argument's sake, say a lot's worth a million bucks, right? But now it only has 140 feet of frontage. That's a developer's problem. Instead of a million dollars, he's going to get 800,000.

3:28:33Speaker 8

I think it's going to reduce the value of the end property, which will directly impact the value of my property, even though I don't have but those three properties.

3:28:45Speaker 16

Okay. It's an argument. That's fine.

3:28:46 – 3:29:21Speaker 8

Okay. So that would be objection number one. And by proxy, the side yard... I forget the proper terms here. Setbacks. Setbacks, thank you. I should know this. The setbacks, I also find, I understand the necessity of it, struggling with it. Just, again, from an overall value of those houses, that's probably a coin flip, but I'm struggling with it.

3:29:22 – 3:29:34Speaker 16

Okay. So if these houses only sell for $2 million, where if it had 200 feet of frontage and it had bigger side yards, they sell for $4 million, that's a problem?

3:29:34 – 3:29:50Speaker 8

Yeah. I think that summarizes it well. So bear with my ineptitude here. That's fine. You're kind of catching me off guard a little bit. Don't spread it. It's progressed a lot, which I like to see. I'm just struggling with it.

3:29:50Speaker 16

Okay. Anything else you want us to consider? I think that's it. That's it? Okay. Thank you, sir.

3:29:56 – 3:30:13Speaker 20

Thank you. Yeah, everything that EPC reviewed and approved was uploaded to Viewpoint. open gov on August 25th, so it's been there for a couple of weeks.

3:30:13Speaker 16

So that's the live website right now? Yes, correct. All right, so sir, all those things you can see, it was dated August 25th, May 25th. So EPC.

3:30:22 – 3:30:40Speaker 20

No, no, no, PNZ. This is the Planning and Zoning Subdivision file. And this is everything that's been uploaded to it. I'm just showing you at the end of the attachment list is all the stuff that I uploaded on August 25th, which is all the current materials that I've been discussing.

3:30:40Speaker 16

Can you go up to the top of it so you can see when you go up to the top of the list? Okay. Just scroll all the way to the top. Bingo.

3:30:47Speaker 20

Looks like that at the top.

3:30:49Speaker 16

So the planter intake, that's Greer, administrative intake, that's Greer. Yeah.

3:30:54Speaker 20

Yeah, you might start at the top. It's the stuff that we submitted in May, but when you get to the bottom, it's the stuff that we submitted. If you ask staff, I'm sure they can provide you the link to do it.

3:31:03Speaker 8

It's free, so this is public, right?

3:31:05Speaker 9

He just showed me, so I made variable . We're looking at this exact same thing on ours.

3:31:10 – 3:32:40Speaker 20

It's exactly how it is. So, to the primary argument. Mr. Brooks, that was your name? Yeah, yeah, yeah. We talked once, I think. I believe you also received notice for the EPC hearings. There were two of those notices that got sent out as well. You are correct. Okay. Did not attend those. Okay. So this is the third notice you got, and we talked, actually, before any of those notices came out on the phone. Correct. You are correct. Great. Thank you. So the basic premise is what you're doing in the Conservation Subdivision. If we do a conventional subdivision here, and it's only three lots, let's say, so we have the 200-foot frontage on the front of the road, your requirement is that we provide 10% open space. And that's what we would do. When we move over to the conservation subdivision, we are required to give you more and protect sensitive areas. We're putting half of the property into open space. That's the very basic trade that you're making. Do we want half the property in open space for what I think are the very reasonable concessions that we're asking for that mirror what's happening across the street, actually kind of wider and bigger, nicer than what's across the street in many cases? That's the decision. I think it's a simple decision to make I think If I was a budding well is now going to be a seven acre open space Yeah, perhaps one way to think of that is enhancing the value of my property

3:32:41 – 3:33:07Speaker 16

Yeah, the Lowell Scott Brooks site is getting a 1.226 acre conservation adjacent to a house, another 5.407 acres. So you're getting next to your house, sir, Mr. Scott Brooks, you're getting about 1.8 acres of conservation is directly next to it.

3:33:07 – 3:33:46Speaker 20

Yeah, this is your property here. Correct. And your whole southerly property line now will be protected in perpetuity. But that's not buildable. Well, one of the options, right, if we were forced into the conventional subdivision direction, one of the options would be to chunk off pieces of the property and back and give it to the immediately abutting neighbors. would be a heck of a lot easier for you to develop some of these sections than for someone coming from this direction having to get across the road. So the fact that it's protected in perpetuity is protecting it from being sold off and potentially developed.

3:33:48 – 3:34:07Speaker 3

And then from our town plan and conservation development, there's numerous things that give us guidance to achieve what the conservation subdivision is doing. Taking open space and basically protecting it to perpetuity.

3:34:07 – 3:34:19Speaker 16

I mean, someday, correct if I'm wrong, lots three and four could subdivide their lot and sell it to adjacent property by doing a lot line adjustment?

3:34:20Speaker 20

I mean, if they wanted to take their conservation easement area and give it to someone else and it would still be subject to the conservation easement, they could do that, just like we were talking about with the land trust as an example, for instance.

3:34:31Speaker 16

Right, the actual lot three is 2.59 acres plus 1.22 acres. No, no, no, no.

3:34:40Speaker 20

The 2.5 includes the CEA. Yeah.

3:34:44Speaker 16

So they could only give away .9, .6, but then lot four.

3:34:50Speaker 20

And oddly enough, that may still have value for budding property owners because then they can move their setback over.

3:34:55Speaker 16

Yep. And put a pool in their backyard or something like that.

3:35:00 – 3:35:53Speaker 9

You also have to realize, too, they're regulatorily protected from development. Regulations could change, right? Yeah, you always ask the grantee. By putting it into an easement, they're protected forever from development. So there could be a world where, I doubt this exists, but you can imagine a scenario where we need more housing and the only place to put it is in a wetlands and you say, well, the trade off between more housing and wetlands is more housing. that could potentially i doubt it would ever happen but like you could see a future government making some decision like that whereas by putting it into the easement here it's protected from that regulatory change forever because regulations can come and go this will stay forever as protected and and to further the the apc does move wetlands every now and again yeah wetlands change their regulatory changes are inviolable case law changes their

3:35:55Speaker 20

Authority. Okay. Any other questions from this? Yeah, I think what I, yeah. We want to close this. Yeah, that's fine.

3:36:01Speaker 16

The gentleman spoke, so he's good.

3:36:05Speaker 20

I forgot the final point that I was going to make. I think you made it. Yeah. I think you made it. No one to shut up, Greg. This is my weakness.

3:36:16Speaker 16

Does anybody have any questions for the applicant? We're good? Good. All right. And just one last. Do you have any questions, sir?

3:36:25Speaker 8

You good? Not at this point.

3:36:27 – 3:36:46Speaker 16

Okay. Thank you. I would enter in a motion to close. Okay. John, see if you can mix it up. We have three out of five tonight. I got a second out of it. Gets a second. All in favor? Okay. Hearing's closed. Thank you, Greg. You're very welcome. Thank you. Thanks, Greg. Thorough presentation, sir. Thanks, sir.

3:36:51Speaker 8

questions? I think you have my email still, right? I do have your email, yeah.

3:36:56Speaker 20

Yeah, shoot me an email with any questions you have, and if they have to come from the owner, I'll make sure they get them. You guys can talk to Howard, right?

3:37:02 – 3:37:14Speaker 16

Thank you. Deliberation. Thank you, guys. Deliberation only on any public hearing. Do we want to approve that David Genovese's 15th? Yes.

3:37:14Speaker 12

We'll have that ready for the next meeting. Thank you.

3:37:17Speaker 16

David Genovese's thing's got some. Chairman's report.

3:37:20Speaker 18

What about 64 Gardner? Any interest in deliberations on 64 Gardner?

3:37:25Speaker 16

Sorry, Fred, you're paying. Okay. He's pissed. I had something for the chairman's report, but I forgot what it was.

3:37:35 – 3:37:57Speaker 3

Can we give Fred... some just direction without deliberating anything like towards the positive is that too far we're not going to deny it are we 64 will end up getting approved you know i in my opinion there might be some tweaks but at least you could get let's start painting probably a year ago

3:38:01 – 3:38:12Speaker 18

We're just going to have some quorum issues coming up here with a number of applications and deliberations. I know it's late tonight.

3:38:13Speaker 16

Let's help out Fred for a second. 64 Gardner. It looks like all their ducks in a row in my opinion. Does anybody have a question?

3:38:21Speaker 9

Neighbors are in line. Yes, we're good.

3:38:24Speaker 16

All right, 6-4, we're good. You okay? Mm-hmm. Okay. The next one.

3:38:28Speaker 17

I don't like the way they sequenced there. They're not doing things at all. Terrible.

3:38:33 – 3:38:51Speaker 16

Terrible. Well, there's a sidebar to that that Fred and Jeremy will tell you, too. I don't really have a real decision on 800 Post Road, so I would punt that one. Yeah, agreed. 15 Corbin Drive, we spoke about that already. Yeah. Okay. 13 Hollow Tree Road, everyone's okay with that? Looks good?

3:38:52Speaker 3

Yeah, with some of the protections that we talked about.

3:38:54 – 3:39:07Speaker 16

With that core logs, whatever it was called, thing? Mm-hmm. And then this subdivision, anybody have any questions on that? We can always, if we say yes to Fred now. We can always edit these. We can edit these big time.

3:39:08 – 3:39:30Speaker 17

forward with that I think the other subdivision we've seen a number of times already so yeah so it's a nine major major concept s and it just made for his guidance is anybody pushing to have this overlay there's a buffer zone above and beyond the approval that's not 4% incredibly I think I think we're

3:39:32Speaker 16

I'll bridge the time out, Sarah.

3:39:34Speaker 3

Okay, great. Considerable. And in that one, though, if you could just highlight the fact it is a very generous conservationism. Yeah. Okay.

3:39:44Speaker 12

What a finding narrative. Yep.

3:39:47 – 3:40:00Speaker 16

Me, personally, I think having the delineation of the stony brook is where it goes, where it's visible. It's natural. I mean, I can tell you that Middlesex Club, the majority of Middlesex Club is a wetlands. And if you look at that field, you cannot tell it's wetlands.

3:40:01Speaker 17

They're entirely changed. It can be. It just depends.

3:40:07 – 3:40:21Speaker 16

There was something intelligent I was going to say about the change report, but we got it too big. Directors report anything big, Jeremy? Nothing. Okay. Upcoming meeting September 22nd. We have next week off and then October 6th. Okay.

3:40:22Speaker 3

Give me the dates again.

3:40:24 – 3:40:35Speaker 12

We're off next week and then we meet the 22nd. George is out that night. We're off the 29th. And then we need October 6th, which is the POCD, public hearing October 6th.

3:40:35Speaker 3

So that's the one that we got. 6th is the POCD.

3:40:38 – 3:41:07Speaker 12

And Amy's out the 6th. I am out. So the key is next week or the 22nd. And I'm out the 27th. No, October 27th. October 27th. So September 22nd will be a fairly calm night. Two minor public hearings. A lot of decisions. And then. George is out 922. Amy out for the POCD hearing on 10-6. And Amy out 10-27.

3:41:07 – 3:41:23Speaker 16

Can I ask you a question? There's a rumor out there that there's an application coming on Great Island for a parking lot. Yes. Do we have any clue when that's going to hit anybody's desk?

3:41:24Speaker 16

There's a picture of it in the lobby.

3:41:28Speaker 16

There's a picture of it on the TV screens and a lot.

3:41:31 – 3:41:46Speaker 12

Yeah, we still have to, the question is do they need to go to EPC first? And we're still working out that question. There's a pre-planning meeting coming up too. We've had numerous meetings about Great Island parking lot and other aspects of Great Island.

3:41:46Speaker 16

There's never been pre-application with us.

3:41:51Speaker 12

You won't see the parking lot application until mid to late October, Fred, if that sounds about right. Maybe early November.

3:41:57Speaker 18

Yeah. I would say the earliest would be late October at this point.

3:42:05Speaker 16

Okay. That's fine.

3:42:10Speaker 7

No game to get home to watch or anything? I do. October 13th. Okay, you're good.

3:42:18 – 3:42:29Speaker 16

The Yankees won tonight. No upcoming business, okay, with that said or not said. Motion to adjourn. Hold on. Yeah, I'm sorry. The associate director has a report. She's already shut off.

3:42:29Speaker 2

I don't want him to trip. I don't normally have this out.

3:42:32Speaker 16

If she's shut down, you're done. I love going to a meeting.

3:42:39Speaker 18

We do need to elect a new secretary.

3:42:43Speaker 16

Oh, yes. Can we do that in another meeting?

3:42:46Speaker 12

Do that on the 22nd? That'd be great. Don't we need it for the notices?

3:42:49Speaker 9

Who's going to lobby for that one? Wait, don't we need it for the notices?

3:42:54Speaker 12

I guess we could, for one meeting, we could put chairman.

3:42:58Speaker 9

Okay, I'm just saying, for the legality, I don't want somebody to come to us and be like, you know.

3:43:04Speaker 12

So we'll put that on the agenda for the 22nd. So there's been a resignation? Correct. Jamie resigned earlier today.

3:43:12Speaker 16

Jamie, thank you, resigned earlier this afternoon. I've not seen anything. That's why I didn't mention it. There might be a letter in the town clerk's office.

3:43:21Speaker 12

Yes, that's our understanding. I've not seen the letter, but the town clerk gave us an indication that she resigned earlier.

3:43:27Speaker 16

That's a loss. She returned her iPad to... Greer? Yes.

3:43:33Speaker 12

She came into the office and turned in her iPad.

3:43:39Speaker 16

Motion to adjourn. Is there a second?

3:43:41Speaker 7

You've got to make a motion.

3:43:43Speaker 16

No, she made a motion to adjourn. I'm looking for a second.

3:43:46Speaker 9

Good night. Good luck.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.