Planning Commission - Regular Meeting

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Bless you. Come on Tom. [music]

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Can I have your attention, please? We'll be starting up shortly. Good evening and welcome to the low planning board for December 1st, 2025. Uh we do have three matters on the agenda this evening, but we before we get started, I'd like to have uh a moment of silence for a past planning board member who had passed away last week. Uh that would be Mr. Richard Lockhart. Richard served on this board for over 20 years. He also served on historic board for several several years where he was the chairman for many years. was also a veteran of the US Army. Uh he lives behind his wife Rosemary and three daughters Amy, Sarah, and Jessica. And most important to him, his seven grandchildren. Richard was a um graduated from UMass LOL where he loved going to the hockey games up until most recently until he hurt his back from a bad car accident and prevented him from going and then he still made an effort to try to make it there.

[snorts]

He also graduated from Suffach University, the graduate school where I know personally he was very very involved in the the their graduate alumni. Um he was a class gentleman. Um he was known very well for his bow tie. He and it wasn't a hook on one either. He was a regular bow tie. Actually, Treny Flooden used to come in and say, "Richard, can you show me how to tie that bow tie?" And um so we uh want to thank him for his dedicated service to the city of LOL. And um our thoughts and prayers go out to his family and his loved ones. And um M we're going to miss you. Thank you. Moving along on the agenda. First matter on the agenda is the approval of November 3rd minutes. Anybody have any questions or comments on the minutes? Okay,

Mr. Chairman, I'll make a motion to approve the minutes as submitted. Motion's made I'll second it. All in favor say I. I.

Okay. Any any opposition? Hearing none. Those minutes are approved. Um, looking at the agenda, I've been told that we do have an applicant who is requested a continuence. It's attorney Gary, correct? I'm going to read the notice. This is a definitive subdivision special permit 165 Nelson A and 33-113 Atti Way. The low planning board will hold a public hearing to hear all interest and persons relative to an application by residents first development cooperation to amend the defendive subdivision and the special permit for the plan residential development known as river's edge. The amendments pertaining to the area of the P at 165 Nelson A and 33 and 133 Addy Wayade. The applicant think seeks approval to create 16 additional lot with then the P in increase the approval number of units from 181 to 187. The subject property is located in traditional two family zoning district. The project requires a division of the subdivision approval of the planning board under low subdivision regulations and a special permit revision under section 8.2 two for the plan residential development from the l planning board. May we hear from the applicant?

Thank you, Mr. Chairman, and good evening to all. For the record, my name is John Giri of Gary and Gary LLP, 32 Church Street, L Mass here tonight representing Residents First Development Corporation. So, as the chairman mentioned, we are requesting a continuence of this matter to the January 22nd meeting. It has come to light that there may be a need for city council oversight of the planned residential development plan. And before we present before this board, it would make sense for us to uh figure that out. So, we'll work with the law department to try to get a a definitive answer on that. And then uh I would imagine that by the time January 22nd rolls around, we will be ready to go. So for that reason, we are requesting a continuence uh until January 22nd, 2026.

Thank you, Councelor Dylan. Is that a good date for us on the agenda for the 26th? I mean, excuse me, the 22nd as he's requested. I don't know what we have on that date. Yes, the agenda is open that date. Okay. Okay. So, that date is available. Um I'll make a motion to continue the matter to January 22nd, 2026. Second. Motion made in second. All in favor say I. I. Any any objection? Hearing none. Um, motion carries. Matter continues. [clears throat] Thank you. And I know this is the last meeting of the year. So, thank you all for your for your service. It's been great working with you. Thank you very much. Merry Christmas. Thank you. Thank you.

Okay. Okay. Moving along to definitive subdivision. We have 129 Lwellen Street and 115 Christian Street. The LOL Planning Board will hold a public hearing to hear all interested persons relative to an application by Christian Hill Homes LLC to subdivide the property at the above listed address into 17 lots and construct a new single family home on each lot. The subject property is located in suburban single family zoning district. The project requires definitive subdivision approval from the planning board under l subdivision of land regulations. May we hear from the applicant, please?

Um, chairman, I would like to recuse myself. Okay. Since I missed two meetings. Okay. So, Caleb voting. Thank you, Caleb.

Uh, good evening, Mr. Chairman, member members of the board. Uh for the record, David Plunkett of 151 Duden Street, uh City of LOL representing the applicant. Uh Mr. Chairman, board members, you know, we've had a few uh meetings and a lot of changes and work have been done to the to the site. Uh just as a kind of recap, you know, th this is a a very unique situation in the terms that we're here under uh subdivision uh review and there are no new public ways or ways, private ways being constructed because we have frontage. All the lots have proper frontage on existing public ways. But as per the terms of the uh city ordinance, we're we've we've gone through the uh process and and again a lot has happened. A lot has happened. Uh you've submitted the landscape and plans which uh you know shows how we addressed a number of concerns that were brought up uh during the first meeting uh relative to the back inner space the road frontage uh you know the plantings along the roadway and things of that sort. Uh we have submitted storm water uh review uh in terms of the calculations and determination for uh capturing storm water runoff and the city has now submitted a letter uh to the board uh that we receive. I believe the board should have it in which the analysis has been reviewed by uh the city uh and and

accepted. Um the other major aspect has been you know the um obtained in the services of a geotechnical u engineer and number of uh determinations were made as to the soil the type of so soil uh you know the ability to utilize the site and some uh proposals as a result of that review and analysis by the geotech technical engineer uh which have been incorporated by uh the [snorts] uh Mr. O'Hara who's O'Hara engineer and who is the uh project engineer and have incorporated all those elements into the plan which has now been acknowledged by the city engineer as uh acceptable and uh approved by the city engineer. Uh so uh I think that we have addressed really pretty much all the major issues that have been brought up by the uh by the board and again you as we stated before even though it's a unique situation it's had a result it's you know the the fact of incorporating you know the ANR plan over three as subdivision approval has had you know major results uh as as shown in the final plans here. The I think the only issue that we would present uh before the board and Mr. is going to come up and go over all the uh you know details of the final plan as submitted. Um you know would be pertaining to the uh suggestion that there be granite curbing along all the frontage

uh of the lots as prepared. Um, you know, again, that does not seem to be in line with subdivision approval in the sense that it's all along public ways and there is no uh granite curb and along the public ways as it exists today. Uh, you know, Mr. Omar will go more into detail. Uh but you know it's a situation that you know they're looking to make improvements that would be consistent with what's in the roadway now. uh and uh you know it's it's a in one sense it's almost uh you know like akin to you know back in uh in the era of uh 1995 in that period uh when there were a number of communities that were looking for impact fees to improve public ways uh pertaining to uh subdivisions and developments that were proposed within the community. And uh at that time after some initial forays into this you know in terms of requiring improvements of public ways it was said no you can't do that that's uh and at that time governor well indicated he would veto anything that came forward and there was a uh a challenge and the court you know indicated that you know they would uphold what uh Governor Weld did at the time. So, uh, looking to make improvements consistent with the public way as it exists. Uh, and I think that's really the only issue that, uh, we haven't received a an affirmative, uh, outright statement from, you know, from from the city. Uh, but like I say, I think we've addressed all the other

primary issues. And I would then ask, Mr. Chairman, if I could turn it over to uh Mr. O'Hara. Thank you, sir.

Thank you. Uh for the record, Mark O'Hara, Harrow Engineering, 21 Mansion Drive, World Mass. Um as Mr. Plunkett has uh stated, we made a lot of changes, revisions to these plans over the past few months. Met with city staff. Um I believe we've addressed their concerns at the last meeting um was the latest set of revisions. The plans have not changed since then, but I have had discussions with both storm water and engineering. I believe um um the the letter from Stormwater um says that he's um Gordon is um is satisfied with the changes that we made with some conditions and we agreed to do this was to do test pits on each one of the house lots where we're proposing those infiltration um uh drywalls for the roof runoff. Uh because some of the grades are going to change by, you know, quite a bit. It's it's a hilly site, so it it makes more sense to bring the the grade down to close to finish grade and do your test pit and get more accurate um test pit results. Um I spoke to Joe Katy today as well and the curing issue is still before us. Um he said, "Well, our city standards for vertical granite," I said, "I respect that. I understand that if this was a a regular subdivision would be factor that into the equation and the cost and so forth. Like I said, in other cities and towns and probably in LOL as well, we often request to wave that because it's it's expensive for vertical granite carbon, but vertical granite carbon um it does have its purpose. It's got a good use. It it's, you know, it's very durable, but you tend to see it in more of the urban areas of l downtown. um Centralville um the more densely populated areas where you have sidewalks usually made of concrete adjacent to

that curbon. Um this neighborhood does not have any vertical granite curbon in it with the exception of the small stretch that actually is in front of the site on Llewellyn Street. Um reservoir is a Cape Cod type BM both sides of the road and Christian Street is a highprofile burm. Uh it's a it's an asphalt burm, but it's been there a while. It's in good shape. We'd like to saw cut into it. And I asked Joe, well, are there any other concerns you have that maybe we could address this in a different way? Maybe we could put bullnose type of granite roundings at each one to kind of keep the water in the street in the street and in the driveway, you know, on the houses. Uh, keep that water on site. And he was open to that idea. And he said, but you know what? I don't think it'll match up as well as what could be done with puminous berm. So I said, "Well, it's patuminous sperm out there now. If any of it's unsatisfactory, we'll replace it in kind." So that's where we stand. And I also I said this before. Um I got vertical granite curb in front of my house and my kids have both learned how to drive in the past few years and they both blown out tires in the vertical granite curb cuz where the city puts it usually is at roundings and in any curves in the road. That's the preferential places because they don't want the plows. they're more likely to take out um the tuminous curb at a rounding. So that is usually granite as it is in my subdivision. In front of my house it's granite and then my next door neighbor one has granite on one side the other one has patuminis. So that's where we stand with that. Um we're open to other suggestions and ideas but I think that is the only real outstanding item that we have left. Um Joe did I did get a letter from him this afternoon that he said he reviewed Mr. uh Weatherbee's um

soil analysis and I told him that we did incorporate his recommendations into the changes that are shown in this plant. Uh Mr. Weatherbe said that these are very stable soils. There's two different types of till. I'm not going to get into it too much, but one had a mile of ice on top of it. The other was outwashed. And this is the the till that had a mile thick sheet of ice on top of it 15,000 years ago. So that's why it's so compacted and that's why um if you go by there now you'll see where the cuts are made. It's a very stable soil. So Mr. Weatherbee's concern was not in what we're cutting but more in where we're filling. And as I said, the standard for Mass Highway is a 2:1 slope, but he said if you can increase that or or flatten it to 2 1/2 to one slope. Um, he'd be happy with that. So, I said that's an easy change we can make. So, we made that change to the plans. So, that's where we stand. I'm here to answer any questions if you have any. Um, and I guess um we'll see if you have any questions. Thank you.

Thank you. [clears throat] If there's nothing further for the applicant, I'll open up to the public. Anybody this evening I want to speak in favor of this project? In favor? In favor? In favor? Hearing none. Anybody in opposition? In opposition.

Good evening. My name is James Harrington and I live at uh Christian Street on LMass. Um I drive by these lots almost every single day and this past weekend I was over in Andover and I was near what used to be a a ski slope. And in in the ski slope now at the base of the ski slope they have put houses in and behind those houses are the the slope of the ski slope. And what they did is they put a retaining wall in probably I'm guessing maybe 10 foot high stepped put a step in and then went up higher. Um the I don't know what what his plan here is to just slope that ground all the way up behind those houses, but I think that some kind of a retaining wall should be placed in there to prevent any mudslides. You I mean that's a pretty steep slope back there. The second thing I wanted to bring up was storm water retention. No problem at all that he probably has a very excellent plan to for the storm water. My concern is the groundwater. I mean, there's been 60 trees taken out at the reservoir. There's documentation in your file. There's he also took down I have no idea how many trees within the apple orchard itself. There's water that's going to be there as well. Um right now he has skipped two lots on the development and I'm curious of why those two lots were skipped. I thought that that was pretty close to the area where the conservation commission thought there was um wetlands and it was proven that it is not wetlands, but there is still water there. And there's

documentation in your file that shows some of those um I guess they're test wells that were dug that show water in those test wells. And I'm not exactly sure where the house test wells were dug on that piece of property, but I thought it was pretty close to lot three and four of his development. Um, and lastly, uh, I'm with the Senville neighborhood organization and I've been a member for many years. Any any developer that comes in and wants to put a house up in comes to our meeting, goes over it, goes over it with us, what he's going to do and how he's going to do it. This is the first contractor that I can recall never to come to one of our meetings. I think that tells a lot of what kind of a contractor he is. Thank you.

Thank you, sir. Anybody else like to speak in opposition? In opposition. Good evening. Uh my name is George Prokup, 31 Fremont Street. Um I just want to echo what my friend Mike Harrington had mentioned. Um, one of the things that we consider, and it's not just the Centerville neighborhood, but most neighborhoods when there are big projects, I think usually a developer or the owner, you would address, you know, the neighborhood because you're building properties in a neighborhood. And granted, they may not have to, but I thought that it would be a courteous thing to do to come to uh to our neighborhood and present what you're trying to propose. I mean, in looking at this project, um, I see there's four lots that's like 10,700 ft, uh, I'm sorry, square feet, and then there is 13 that's 18,000 square ft. And I'm not sure how that is conducive to what the neighborhood looks like. I mean, it may pass the muster, but I just think that this is not something you just want to do that impacts the quality of life in our neighborhood without addressing the neighborhood groups. And to me, that is just something that I am I have a problem with as an individual. And as a group, we feel the same way. And we don't know how many trees, you know, were taken down. Um, and I'm sorry I didn't get to see the whole plan, but I'm sure there's a landscaping plan, but I I think that any developer that's that's developing a property that's been around for so long that you would take care in in making sure that the neighborhood is is involved in it. I mean, we don't own the property, but we

live here. This developer doesn't live here. So the legacy that you leave is what is we're going to be judged by. Uh thank you. Thank you sir.

Hi my name is uh Brett Ber. I live at 9610th Street in LOL. I'm also a u board member of the Centerville Neighborhood Action Group. And I echo what Mike and George have just said about this developer coming into our neighborhood. And I think it's sort of uh basic community 101 when you have a project of this magnitude that you maybe inform the neighbors, maybe come to one of our meetings to let us know what your plans are. Um we've never met this developer. No one's never no one's ever come to our meeting. And so for the past few months, I mean actually this developer came in and within a matter of days just wiped out several acres of trees. Um we had uh wildlife in this uh apple orchard. We had for months afterwards we had herds of deer that would come and just uh you know they had nowhere to go. So, the bottom line is that this uh gentleman should have at least uh had the courtesy to come to the neighbor, come to the neighborhoods, come to one of our meetings and just just give us a heads up on what he's on what he was planning to do. And so, for the past few months, um we've been looking at a a big giant gaping hole in our neighborhood. And

[snorts] uh it's uh we're hoping that uh whatever his plans are that um it will um make the neighborhood look uh integrate into the neighborhood and make it look nice. But uh again, I I just wish that he had come and just let us know what he was doing. Thank you very much. Thank you, sir.

Anybody else like to speak? Thank you, Mr. Chairman. Robert Gignnack, 91 Llewellyn Street. I'm a director butter of of this uh project. Um and I share similar concerns as my neighbors. Um and my uh issue at this moment in time is is now that I look out my back door, uh I no longer see an urban forest. I see a a massive mound of dirt that I'm just wondering when it will go away. Um, and if you've if you've been in the neighborhood as I have for for 30 plus years, you know that there are mudslides. If you go down First Street, there's a major mudslide not too long ago. Uh, and I'm just wondering when when that's going to occur. uh the the tearing down of trees and the digging up um and making this monstrous pile behind my house is negatively impacting my property. Uh I see trees uh of that I've had for my entire life that are now dying because there's uh fill in areas where there wasn't uh previously. And so, uh, again with my neighbors, we're, you know, concerned with the the quality of the development itself and the negative impact it's having in our in our neighborhood. Uh, and I do want them to note that the granite curbing that was was mentioned, uh, the only area does exist is is is on Llewellyn Street. It's on my street and it's it's directly in front of some of these new properties. Uh, and so to continue that, I think, is the least that this developer could do. So, thank you. But uh I speak wholeheartedly in opposition of this uh application.

Thank you, sir. Anybody else want to speak in opposition? Yes. [clears throat]

Hi, I'm Gail Jasco and I live at Edie Vernon Street and I'm also an officer at Cak. Um and everything the gentleman have said I agree with. There's just a couple of components that we haven't brought up. The first two owners of this property came in for in front of us, presented their situation, did their due diligence and sold the property. And then the first and the second both did that. Those guys were planning on making money. So to have them flip that money, flip back that quickly is just something I makes me concerned. Um the other thing I'm really concerned about are the 17 families that'll be joining our neighborhood in homes with dirt piles that are as high as their roofs right now. So there's a lot of um concern not only for us that have lived there now and have always lived there but also for the people coming in because those are going to be families seeing everything good in a new house right and I ask you to just protect them as you know as this development goes forward. Thank you.

Thank you. Anyone else like to speak in opposition? In opposition. In opposition. This point in time, I'll turn it over to the board members, Mr. Chairman, if I may.

Sure. So, uh, I must say we we've come a long way from, uh, the original submitt. And just for clarification, the applicant is before us for subdivision approval. So, it's not a special permit. It's not a site plan review. So, it's not subject to neighborhood character uh in the type of um standards that we would uh use in making a decision for a special permit. It's subdivision approval. and uh council for the applicant did note it is somewhat unusual based on what we have in our zoning ordinance here in the city of l. Um but that does require the applicant to come before uh this board for subdivision approval based on the number of uh consecutive lots and the way it's being presented. Um and that the developer can develop three uh lots which he is in the process of doing. our criteria for subdivision approval uh does very much relate to uh the placement of of roadways. Um, but there are several items that uh we've taken into consideration and page 22 of uh subdivision regulation is street trees and and council I don't know if you you or your engineer could if you could put up the the landscaping plan that has been now um how much progress has been made on that 65 proposed

I I believe you're correct. Can you just turn that so so that folks could see that please?

Yeah. Over over to over to I I I honestly I don't care if people on television can see it. I just want the people here to see it at this point. Then we can flip it back around. But that I mean that is um and we specifically wanted the street trees uh on on each of the lots. Again, it's to create that the the streetscape uh along Christian Street uh reservoir on Llewellyn. Um understanding there's been a tremendous amount of trees removed from there. Uh so obviously on the street level, you're going to to to see the the the um the trees and the canopy on along the road. Uh and then also uh within the um what we're going to call the subdivision itself uh within those lots, the back side of a lot of those lots uh from the the rear of the lots facing Llewellyn and the rear of the lots facing Christian Street. Um, and then the drainage was a big concern and we did receive comments from the city's engineer and storm water management and they brought up a lot of concerns and the uh applicant uh did go out and get a geotechnical engineer. Um also, uh the engineer did make the requested revisions to the plan as far as um drainage on each individual site. And we did receive late today um the um correspondence from uh city storm water management and uh the engineer department. Uh Mr. Chairman, if you don't mind, I'm going to read this for the record. Um, so we did receive from Joseph Katy, a city engineers office, uh, to the board, I have reviewed the slope report for the Christian Hill development prepared by Harry Weatherbe, PE of Geotechnical Services, Inc. based

on his analysis of the underlying ge geology and stability of the proposed earth slopes. I am satisfied with the conclusions presented in his report. Mr. Weatherbee's assessments indicates that the potential for slope failure is remote due to the inherent characteristics of the Paxton encanted soil uh series which consists of dense uh heterogeneous mix mixtures of sand, gravel and silt. Uh his evaluation provides sufficient assurance that the slope can support the proposed development when constructed in accordance with the recommendations outlined in the report. Please uh let me know if the board has uh any questions or would like additional clarification. Then uh we did receive correspondence earlier today from storm water management from uh Evan Walsh. Uh it's addressed there Mr. Lenn members of the board. Uh after reviewing the submitted storm water report and calculations dated October 29th, 2025 and the updated subdivision of land plan also dated October 29th, 2005. The L storm water team has concluded that the proposed storm water improvements are adequately designed to control post construction runoff generated by this project. We believe the concerns raised in our prior review on October 17th, 2025 have been fully addressed. That said, to ensure that the proposed system performs in the field as intended, we recommend that the test pits and soils soil analysis be conducted for each lot prior to any storm water infrastructure installation. This test will verify that subsurface subsurface conditions are consistent with the assumptions made in the design. The developers uh project engineer has expressed agreement with this recommendation during prior discussions with our team. Please feel free to uh to for u to each to reach out to the storm water management team if you have any questions or require further clarification. So this really addressed the the drainage issues and the concerns

that this board had recognizing that uh we needed to have professional um evaluation and professional recommendations relative to this. This is considered to this board professional recommendations and professional conclusions as to what's been submitted. Again, I want to make it very clear. This is subdivision approval. It's not a site plan review. It's not a special permit. special permit has the most discretion within our zoning ordinance for this board to act. The subdivision approval is very specific. Uh now there are some outstanding items from the engineers comments. Uh the applicant has mentioned it uh this evening and uh one of the recommendations was uh for the vertical uh granite curbing. Um I uh certainly uh wait to see what my colleagues feel but I think it is critical to uh require uh the vertical granite curbing as recommended by the city's engineering department and really it it's I I think the when you take into account uh the extreme slope of this site and the development of the site um I think it's the proper way to do this and honly honestly when the city has that opportunity to either ther extend or uh improve or or uh re repoint or or re uh um uh redo the granite curbing on other projects we've had. We've certainly gone along with that. That's what we want to see. We want to see that and I think that this site warrants that. So, I certainly would be in full support of that. Um and again, the applicant did did mention that they were in support of the the the test pits. Uh also on one of the recommendations and there's no followup to this is that sheet four calls calls out that retaining wall to be included uh but to be designed by other would recommend that a retaining wall design be submitted before any permits are issued.

Um I would look for that to happen uh as part of this process. So that um the uh that is a requirement of you pulling a permit that that has to be reviewed by the city's building department and I'm sure they're going to uh defer to the engineers department as well. But I I would be looking uh for that. Uh but again I think for subdivision approval understanding the applicant has a point this was not a design of new roads but this was a unique site. Uh the slope was tremendous. the the area was clear-cut um and you know obviously it was difficult even from by the time it came to this board we had no idea what the existing conditions had been prior to that. So uh the drainage was a concern uh for the existing neighborhood and also for people buying into that development and uh drainage is a part of subdivision approval. A lot of it has to do with the road design. Uh you can argue however you want but I think drainage was a key issue with this uh project. um in the engineering department and storm water management has uh given their approval of the design that's been presented here. So, Mr. Chairman, at this point um I have no further issues other than items that I uh cited that I would look to have as a condition for the subdivision. [clears throat] Thank you, Mr. Chairman.

Thank you, Mr. Vette. Mr. Tenz,

thank you, Mr. Chairman. Um just briefly, I had two two issues. My first issue was I was afraid that the as somebody had mentioned that the entire development would slide down the hill. Um I was happy to hear uh if this uh project was going forward that the engineers have looked at and studied this and our own engineer has gone over those reports and have indicated that this is um this is not something where that should happen. Um I was also concerned with the water coming off this um this um development. Um our low wastewater uh department has given us um the approval indicating that it meets their standards as far as uh any um any water coming off the site. based on those um based on those two two things. Um I was also looking for uh um I hate it when things are clearcut. Um uh that's what happened to this site. Um sometimes you can save stuff and and work around it, but that didn't happen. Um I don't know whether that was this developer or the prior but um one of the things I was encouraged with um because of this um what this board has done over the last 5 to 6 months is that the landscaping plan does appear to have um uh a lot of trees um and and and regrow this entire development. Um I started counting and I got to 60 and I stopped. Um but that's a good start in the right direction. um that will help absorb water. Uh it'll help solidify the slope and um as far as the retaining wall would agree with um vice chairman Fchett um that should be something um I also

would agree with Chairman Fchett even though I reluctantly agree with him um is um on the granite curbing if that's a recommendation by our engineer I think we should follow it. Thank you Mr. Chairman. H [clears throat] thank you Lucia. Any questions comment?

Thank you Mr. Chair. I'll just comment that um I think all of us have shared the same concerns with regard to the slope engineering and storm water. Um and then engineering and storm water have expressed comfort with the responses from the developer. Um, and while I understand the neighborhood concerns, I don't see any um, factual information to deny this application. Thank you.

So, I mean, this project started up before it was back well, the last time we got city comments from staff was back on July 14th. So we've been here since were we here? August I think September, October, November and then again tonight and all along the comments from the planning board were that we have to hear from engineering and wastewater to make sure that the slope can be um contain the water so it won't come off site. When it first came before us we saw a 10 to1 slope. we were all concerned that it wash everything away. And then time went by, they started to get more information, talked a lot more with um engineering and wastewater until they finally come to a conclusion tonight that upon their reports that they submitted back in early well the end of October I should say um had satisfied both the city engineer office and the wastewater uh as Mr. Bashed said, you know, so this is a the subdivision. So the first question was they wanted to put the houses in. So this is a single family zoning district which has to have 10,000 square ft of land. Each one of these lots will have over 10,000 ft of land. They will also all meet the minimum frontage which is that they have to have at least 90 ft of frontage and some of them have as much as 100. So when it comes to the size of the lot, the sidey yards on the lot and the um frontage on the lot, they meet all the zoning. So um if that came before us on the site plan, those are the things we'd look at since it's here for the subdivision, we still look at that as well. Um, [clears throat] the comments that planning staff had back in July was that the applicant shall revise the defendive

subdivision plan to include the frontage on each lot, which they've done. The other proposed condition was the applicant should in install erosion control protecting nearby lots from erosion during construction. Um, that certain those matters have been addressed as well. Um, one of the last few meetings when they finally came in with the landscaping plan, we were happy to see that they're putting 65 trees there. Um, cuz we're concerned about the trees that were taken down on that lot and we know the trees that were taken down in the reservoir. So, there's a lot of trees that have been um taken down in that neighborhood. So, our concerns with hopefully to get more trees back up there as well. Um so with the recommendations from wastewater in the engineering that meets the criteria um to satisfy me anyways that our concerns which started out way back during the summer have been met by our city department um [clears throat] and we rely on them um as the engineer and the wastewater to direct us which way is the best way to make any project any site a better site. I come before it. Um so therefore um I'm satisfied that they met those concerns. Um obviously I understand if they came to a neighborhood neighborhood meeting um I I encourage those. I understand a lot of times if they do go to a neighborhood meeting by the time they get to us a lot of your questions have been resolved because a lot of times without the meeting you start hearing a lot of different things and you're like well what are they going to do? We heard this we heard that. So, we encourage a neighborhood meeting so the neighbors know exactly what's going on before it gets to us and they have a chance to hear your feedback the same as we're going to hear it when you come to the meeting. So, they could have a chance to to address it as well before it gets to

us. But with the neighborhood meetings, I 100% agree. I mean, it's not a requirement. It's optional. Um, so we can't say just because they didn't do the neighborhood meeting, we can hold that against them. Um, but I do encourage those. I think it's very beneficial. So, those are only comments I have. So, and I know um Caleb can't vote because he wasn't here at one of the previous five meetings and same with Mr. S. So, it' be us four members voting this evening. Yes. Can I get a clarification earlier? Sure. If you can come to the microphone, I can hear you a little better. Yeah. in in um the reports that was submitted to you by by the city.

Yeah. Is this contractor required to put up a retaining wall along those steep embankments of dirt? I there you what's you had a one trail right? Yeah. I mean on the where's he going to put it? It's let me m we'll ask Mr. O'Hara's talk about the wall show. Yeah. You want to show them the plan or what's easier for you? Um, let me take the mic. Sure. Or you can come up here and use one of these mics. Whatever's more comfortable for you for you, sir. Just to explain to them.

Oh, there's usually some where the council sits. No, it's where the council sit. They all have them too, right? In front of those chairs. They usually have them as well. Just push the green.

Oh, okay. Um so there are three retaining walls proposed and the reason we have these three retaining walls is not to hold back really um the slopes in between the lots. It's where we need to fill or cut based on where the budding lot is. So 119 Luwellyn Street um in order to meet the city's slope requirement of 8% I believe or less you have to kind of step your lots and behind that house we needed to fill so that would have a retaining wall going down along the side of the slope between 119 Lwellen. Uh the other lot that would have one is the existing the first house that's being built. The director butter to that number 36 Christian I think it says 36. Um there would be a retaining wall there as well. They're not required. We'd like to work with the the neighbors and not have to put

asking whether you're asking for requirement. I'm asking what the what the planning board is saying what the planning board that was in there that said there were some retaining walls that were going in. Yeah. So for for clarification so from the

Yeah. From the comment from the uh uh from the city's engineering uh department was that uh prior to uh the applicant applying for permits because then it'll pull a permit for each individual lot. Okay. So because again what what started this is the understanding that this was a form a these were for a lots and you would just go and pull your permit. So uh what would happen is that uh prior to pulling as they as the process to pull the permit um that any design for retaining wall would have to be part of that permit.

Okay. So the first two two lots that he has developed that has that embankment that is just going to be sloped. There's no retaining well going to be required there. Based on the design that is correct. Okay. Yeah. In the back in the back in the back of those homes. In the back of those homes. That's correct. Okay. Um is this is the project still on 17 houses? Yes. That hasn't changed. Yeah. Yeah. And as part of the permitting process for each lot, did I understand it that there would be test wells that would be required

before the installation of any storm water infrastructure? Yes, we'll make that conditions as as we but that's correct. That's correct. Yes. Yeah. And sir, that was from the report that we got from wastewater today. So that's the recommendation that we got from wastewater today. I just want to get clarification. That's what the applicant watch

that's. That's what the applicant agreed to. As I said, um the whole storm water team has concluded that the posted storm water improvement um where is it? Um we recommend that test pits and soil analysis be conducted on each lot prior to any storm water infosctra installation. The test will verify the surface conditions are consistent with the assumptions made in the design. The developers, project engineers have expressed agreement with that. So, they're going to test each lot. Okay. At least that's what they're recommending and hopefully if we approve it, we'll put that in as a condition.

Okay. I hope so, too. Yeah. And then the idea is if if it turns out that the conditions aren't what they was represented with each individual lot, they can make changes and enhancements to that uh that storm water infrastructure. Yep. Okay. Thank you. You're welcome, sir. [clears throat] Good questions, by the way. Those are good questions. Do any board members have any further comments? If not, what's the request of the board?

Mr. Chairman, uh make a motion to approve the um uh definitive subdivision uh with the following conditions. That uh test pits and soil analysis be conducted for each lot prior to any storm water installation uh infrastructure installation. Retaining wall design be submitted before any permit are issued. [snorts] Granite curb VA4 with 6-inch reveal should be installed along the frontage of each property for the full length of the project and the a general Mr. chairman and the applicant uh will uh work with storm water management and city's engineering department uh to address any issues that may arise uh from the conditions that set forth in the approval.

Could you add that is um as outlined in the report that we received from wastewater on November 25th? Sure. As uh I know you you summarized most of it in there, but this way if we Yep. do the whole Yep. reading every there's no confusion. Sure. As as outlined in the uh correspondence from Evan Walsh, executive director of L regional wastewater utility deate dated November 25th and uh the correspondence that was uh uh generated um today's date. Yeah.

Yeah. You got to love this. No date. Uh from the city's engineer, Joseph Katy uh to the board. Um I think the email said that was uh sent on Sunday Sunday evening. Those the comments from the engineering were sent today. Today. Okay. Okay. That were received as of this afternoon um December uh November 25th. Okay. Do we have a motion on the floor to approve the subdivision? Do we have a second? Second. Second by Tony Tenzo. All in favor say I. I. I.

Chair Bo. Any opposition? Hearing none, the subdivision is approved for and favor, none against, and two abstain. Thank you. Good luck, Mr. Well. Thank you very much. Um, moving along on the agenda, the next matter, we have the special permit for Weed Street. [clears throat] Tom.

Yep. Just a minute. Okay. [clears throat] Thank you.

I think that guy is on. What's that? I think that guy is on which could have been. No way. Jersey. Oh, really? I think so. [clears throat] I'm so out of touch with the movies. The shakers.

It's not that I know what I just Sometimes [laughter] I watch so I learn. You know the you know some of the players. That's important. I'm bad. I don't Perfect. Here's the facilities.

No one else. Is it Let me see. Oh gosh.

Yes. I wasn't used to Let's actually raise the level. That's right. push the gates open. It was a lot of fun. Well, building

Oh Okay, back to the agenda. Moving along in the agenda, we have um special permit 88 Weed Street. The L planning board will hold a public hearing to hear all interested persons relative to the application by Melo Holdings LLC to split the existing lot and construct a new single family home on the above address. The subject property is located in traditional single family zoning district. The proposal requires special permit approval per section, excuse me, per section 5.1.17 of the LOL zoning ordinance to reduce the required frontage. May we hear from the applicant, please? Uh, good evening, uh, Chairman Lahan, members of the planning board. Uh, for the record, attorney John Cox, 375 Gorm Street, L Massachusetts. I represent Melo uh, Holdings LLC, the owner of um, 88 Weed Street. uh which consists of a little less than 18,000 square feet. It's uh in a traditional um uh single family uh district and presently there is one single family house on that lot. It's clearly a large lot. Um we are proposing as the chairman read to uh subdivide the lot into two lots. Lot one and lot two. lot one having frontage on Stormquist and lot two having frontage on Weed Street which includes the uh current house on on Weed Street. Uh as you look from from the uh chart the dimensional requirements um both uh both lots meet all the zoning requirements with the exception of lot one frontage which is 60 and 1/2 ft. uh 70 feet is required uh under uh special

uh permit 51 5.1.7 uh allows for a reduction in frontage by as much as 15 ft from uh the minimum uh requirement minimum requirement 70 uh if if we reduce it by 15 comes to 55 ft we are proposing 60 and 1/2 ft um just a little bit of history on this Um it was uh currently scheduled to be before this board on October the 6th. Uh prior to that, I believe it was October the 4th. Um we had a neighborhood meeting at the site. Uh 10 to 15 of the neighbors showed up. Clearly, there was some concern. Uh and uh it's a proud neighborhood. It's a tight-knit neighborhood. Uh and um the uh major concerns there um and all the way through I think were um potential for flooding uh in their basement and parking. Two obviously totally legitimate concerns. Um that's why we continued the October 7th u October 6th meeting because we wanted to try to address those concerns by having uh one of our engineers go there and meet with the neighbors. Uh the um it was so it was it was then continued to um to November 5th. Um the second there was a second neighborhood meeting. Uh I think I believe it was it wasn't in time for November 5th meeting. Um and our engineer was there. Uh it was a um a good meeting with the neighbors. Uh and uh out of that meeting came a storm water uh uh management plan which has been addressed. and uh our engineer Morgan Seal from Hancock Engineering is here this evening and he could uh explain that in more detail to the board. Um there also has been a lot of memos back and forth uh which we've tried to address and I think we have in in many

many in almost every issue. uh the memo from DPD uh dated uh September 29th. As you go through it, there are no major uh problems or issued uh issues identified uh from this project. uh there are a number of uh of uh concerns or uh points that that DPT has brought up and and I think if you I think you all have this November 17th um uh letter from Hancock Associates which addresses them almost directly point by point um on the memo from um DPT dated 929 um on number item number six talks about uh the the shade trees uh at the front of the property on on on Strong Quest Avenue. And if you look on the new plan under note uh note number seven on the plan, it states that uh those trees are not intended to be removed. Um, it also talks on the DPD memo uh number seven. Uh, has not submitted elevations for the proposed new home. I believe those have been submitted and and a picture of the type of home that that we are proposing which I think fits in very well with the neighborhood. Um, on item number eight, water, storm water, and wastewater teams have requested a utility plan for the site. The plan now shows a utility plan for the site. Um if we go down to the engineering comments um to revise and I'm point by point I think is is addressed in this uh November 17th uh letter from um uh from Hancock. The first one revise revise the site plan to include exist include existing proposed utilities. Um

and number one on this this note says existing proposed utilities have been added to the site plan. Um one by one right down uh add the proposed driveway and the curb cut. Um number two uh the proposed driveway and curb cut have been added to the site plan. Uh replace the asphalt sidewalk in front of the property. Limits of sidewalk replacement have been shown on the site plan. Um the two large trees I've already addressed that. Uh all utility cuts shall be uh mil and repaved. Um the proposed saw cut for utility connections has been designed to ensure the associated paved areas can be milled and repaved in one continuous patch. Um and I believe the last three are just the contractor must apply for all required permits. The engineering office must be contact for all site inspections and a final revised set uh set of site plans must be submitted to the engineers's office prior to start of construction. And clearly all that uh will will take place in in the normal course of uh of this development. Uh there also was um at at this meet at your meeting on um I think it was November 3rd possibly uh there were a couple of comments um architectural plans for the proposed home uh and a map showing frontages on nearby lots that has been submitted. uh the the the uh the home proposed home and a very detailed um and very good I think exhibit plan showing the uh the frontages in the neighborhood which uh which show um quite a range actually and the the frontages we're proposing uh is is uh is is larger than than most. Um number two is a plan showing existing conditions, proposing conditions. Uh and again that the trees those have been uh addressed and um

and I think I think that was the concerns that came out of both the neighborhood meetings and the review by the department heads. So, um I think the uh this is obviously a large underutilized lot. Like I said, almost 18,000 square ft. Um this house fits into the neighborhood, fits into the character of the neighborhood. Clearly a tax benefit to the city of a brand new home and uh one more housing unit for the city which as we all know uh is in dire need of of new new housing. So, uh, we would request that the, uh, the board approve the special permit and, um, so here answer any questions as, as well as, uh, Morgan from Hancock Engineering. Thank you, councelor. Thank you. Thank you. At this point in time, I'll turn it over uh to the public. Anybody here this evening want to speak in favor? In favor? In favor hearing none, anybody like to speak at opposition in opposition and opposition hearing none. This time I'll turn it over to the board members.

Mr. Chairman, if I may. Sure. Um, it's not often I don't have a lot to say about a project that comes before us. Um, I think it's pretty straightforward. I I u I'm glad to see uh the missing items that were submitted um because that was my concern with the original uh submitt. So we and I look for is is um a map showing what are the size of the frontage in the lots in the in the surrounding neighborhood. Uh I don't think it's inconsistent with what's around there. Um, and I I do want to clarify for approval because this is very important because I've seen this kind of skirted around. It's kind of conceptually the type of house cuz what was presented says 61 LSA have on here, right? So, so I just want to, you know, it would be approval that the plans that was submitted, this will be the house that will be built, right? Not

Yep. Yeah. All right. That that's fine. Um, yeah. Uh, other than that, I I really have no problem and I think the fact that there's nobody here this evening speaks volumes to to the process and what it is you're proposing. So, I think they're watching the Patriots game. Yeah. [laughter] Thank you, Mr. Chairman. Mr. Tedza, any questions? None. Beautiful. Caleb. Um just a note that you know uh the um yeah the special permits uh the the zoning ordinance allowed up to 15 uh feet of relief and so um this is within that range. So just want to note that I have no other questions.

Lucia, any questions? No questions. I agree with the other members. The relief being sought is minimal. they're within um the 15 ft and there are several parcels surrounding the lot with similar frontage. So um I don't think it's a detriment to the neighborhood at all.

Thank you. Any questions, comments? No. Um I have no concerns. I'll echo what Mr. Fchette said. You know, when we see the rendering of the home, we see what the surrounding neighborhoods are. I think that's been something that we've been asking for consistently because when you're looking for a special permit as you know council is the higher criteria that comes before us and it's good to see what all the other homes are. I mean you can you know as we all go up there and look at them and drive by the sites um you know we can't tell exactly what the funages are on some of the houses. Some houses could be like I mean you don't know where one neighbor's lot stops and the other one starts. So having the funages um is very important to us. Um and that's basically we've been asking back consistently whenever they requested to do the site plan um special per I mean um so I have no objections to the plan as well. Um I mean you addressed the comments um that came from staff about whether the trees are going to be moved or not. Um also the only other [clears throat] thing they mentioned is if we approve it you have to file for the ANR plan. They said if we approve the special permit you'd have to file file for the ANR plan approval not required right okay um so obviously you know you have to take care of that um which in the past they used to come before us and we used to sign them but we don't for some reason that stopped but don't know um I have no further comments so um any any other board members have any further comments no okay Um, I'll make make a motion to approve with the conditions that the renderings submitted for the home um that they showed on tonight's meeting will be consistent

with the home that's going to be built there. Um and I and um by replace the asphalt sidewalks in front of the property. The replacement shall consist of 3 in of asphalt and paved the two courses which was by the engineering comments. I think the rest of them are standard. You know, you had to submit everything pri prior. Um I'm not going to make a condition about the ANR because if you don't do it, you don't get it. So that's up to you. I'm not going to tell you you got to do it, but if you don't do it, they don't sign off and you don't get your plan. So, so those would be my only conditions. Second the motion. Motion made in second. All in favor say I. I.

I. Any opposition? Hearing none. The special permit is approved. Five in favor and none against. Good luck. Thank you very much. Thank you very much. Have a great day. Thank you. Moving along on the agenda. Any other board member have any further updates? Hearing none. Uh we have a motion by attorneys out to adjourn. [laughter] Standing motion. Yes. Second, Mr. Chair. Second by Lucia. All in favor say I. I. Any opposition? Hearing none, we are adjourned. Good night and happy holidays to everybody. It's our last meeting before the new year. Thank you.