Planning Commission - Regular Meeting

Yes.

Disappointed me. I thought you were going to respond in an email. Actually, I was I was I don't know why keep it professional.

I just ran out of time to be honest. still get every last.

What do you think? By the time you're done, you're probably paying like 20 cents a run or something. It's Yeah, it's always How old? You don't have to worry about Five minutes left

when they stop playing.

What's the series after Can I have your attention, please? and welcome to the LOL Planning Board for April 23rd, 2026. Uh this meeting is being broadcasted live on channel 6 and on the LOL LTC YouTube page. The first matter on the agenda this evening will be the approval of the April 6th, 2026

minutes. Any of the board members have any comments, corrections? Mr. Chairman, I'll make a motion to approve the uh minutes as submitted. I'll second the matter. All in favor say I. I. I.

Any opposition? Hearing none. Those minutes are approved. Moving along on the agenda, the next matter we have is a special permit for 260 High Street. The L planning board will hold a public hearing to hear all interested persons relative to an application by Corn Quatch to open an adult daycare facility at the above address. The subject property is in the urban mixeduse zoning district. The proposal requires a special permit per article 12.3 for the use. May we hear for the applicant, please? Good evening member of course. Oh boy, I'm so nervous. It's been a long time. I never talk in front of so many people. Uh good evening Mary. Um so I would like to introduce myself. My name is Windatch and uh here with me my husband. His name is Match. Um I am a pharmacist. Um I moved to low six years ago and uh we start living here and then I uh decide to open my business. So I opened a pharmacy 2021 and in 2022 I got a permit for a package store. So I run two business in my building and for the you know the last couple years I I keep thinking and I I want to do something that I really like. So I want to convert my package store to adult day health center. So I am here

today respectful to request a special permit for my adult day health center at 260 high sheet in low. So for our program we decide to provide structure daytime care supervision and hell related for older adults and we are committed to operating in full compliance with all applicable applicable regulation being respectful present in the neighborhood. So with a low impact in the presence of of the neighborhood. So our program will be open during the standards regular hour every day and uh we'll be you know we will you know uh pay attention carefully attention for traffic flow safety and maintain the character of the area. So I am grateful for for your time and your considerations and I would love to you know answer any question that is worth.

Thank you. Does anybody else want to speak on behalf of the applicant? If not, I'll turn it over to the public at this time. Anybody else? You or your husband want to speak? No. Okay. Okay. At this point in time, I'll turn it over. Anybody here in the audience like to speak in favor of this project? Anybody in favor? Favor. Please come to the microphone, please, and state your name and address. Yes.

Thank you. My name is Harini Aayer. I am a um resident of uh 80 Smith Street, Lowell. and I am um here in my capacity as the candidate for state rep in 17th for the 17th middle sex that represents um Belvadier downtown and um the south south level back central and I am here to support her because I believe that health clinics that are accessible that can um uh make preventative calls before uh older people um get into a point where they have to call the ambulance and they have to depend on the um um on the health care system that is already pressured or have to go to the emergency room will save u a lot of money and this also becomes a way to maintain and monitor uh senior people's health in a preventative manner and um I think it will be a way for um trained um uh health practitioner to uh monitor and help seniors uh help uh monitor their health in um so basically prevent accidents or um complications of chronic illnesses before it gets so bad that they have to call an ambulance. This is why I'm in support.

Thank you. Anybody like Anybody else like to speak in favor? In favor in favor at this point in time, would anybody like to speak in opposition? Anybody like to speak in opposition? In opposition. In opposition. Hearing none. At this point in time, I'll turn it over to the board members. Do you have any questions or comments? Mr. Chairman, if I may,

Mr. Uh just to ask the applicant um did you did you receive the uh the memo from the department of planning and development uh dated March 2nd? And the re reason I ask is because um on under the transportation comments there there was some uh questions that they had and I just want to read this. It says uh the applicant should provide additional information regarding the day-to-day operation of the proposed facility. How will the seniors be arriving? Uh is the existing concrete parking area to be used as a drop off pickup location by personal vehicles or vans? If so, where will staff uh parking be located so as to facilitate drop off and pickup? And over street at high street is not a location where an on street drop off pickup in the shoulder area would be safe or appropriate for persons with mobility challenges. So the I mean I think these were legitimate questions especially when I went out at the site. Uh, and I I did do a u a little bit of um um my own investigation and speaking with people that have experience with adult daycare and I understand uh most of the clients are are dropped off by some sort of a a van or you know they are driving themselves there. Uh but I I do have um same concerns that are raised here. So if you could answer that I would appreciate it.

Yes. Thank you. Thank you for the question. So I'm going to answer first as a transportation. We going to provide transportation for our participant in the car pool van. So the participants they don't have to use their own car. We will pick them up in the morning and bring them home in the afternoon. Um so I am also running a non emergency transportation company and as well as I also know couple uh non-emergency transportations in low so that I can work with them side by side so the participant doesn't have to to bring their car so we going to pick up and drop off and for the parking right in the facil uh in front of the facility um belong to the the property there's a spay at least four or five cars can be parked right there so that where I decide, you know, to drop off my participant. Now, for um for our um employee down on the street probably about half block um there is um the um the parking pay payment parking called lower lock. So my employee will park over there and we will reimburse 50% of the the ticket for them and with that we not going to be parked on the sidewalk or on the side of the street. It's going to be right inside of the the properties and I think it minimize and or maybe none uh whatsoever you know traffic that we have to concern about.

Okay. No, great. Thank you for for that clarification because I, you know, even looking at if I'm looking at the existing use right now with a package store and people driving there, backing out, um, you know, even worse, going to the package store and backing out. Um, so I I think from the existing use right now, uh, and understanding this is more of a controlled, uh, type of, uh, drop off and pickup, uh, versus just customers coming in at any time. Uh, I see some synergies with the pharmacy. Uh, I I do know it's a challenging spot. However, any kind of retail or any kind of business that goes in there, there's going to be some challenges. And right around the corner, that intersection, there's a bunch of businesses where they have employees and they have customers. Uh, and I know the lower locks are there. Uh, where you're going to be providing transportation. Um, I I I understand it's a tight spot, but I think when you're looking at the possible uses, this probably is one of the most um uh the the least demanding as far as customer drop off and pickup as far as customers just pulling in at any time on their own uh to purchase alcohol or whatever the case may be. So, all right. No, thank you. Thank you very much.

Anything better? No. Um, thank you for presentation and I thank you for uh Jerry for for asking that and and and I I read the memo and have similar concerns. Now just discussing with Jerry uh and the rest of uh the board. I mean should we make that uh you know a a uh condition to require um the business provide transportation for the clients because I I mean uh thinking on the long-term future that we don't want the units to uh to operate without that transportation. So I suggest that as a condition to the approval makes

sense. Um beyond that uh I I acknowledge that it will be a a good service to community. So I'm supportive of the proposed units. Thank you. Attorney any questions comments?

Uh thank you Mr. Chair. Um um I'm trying to pick out the positive and not dwell on the negative. The positive is I like the business. Um, I like um what you're trying to do. I absolutely hate the location. Um, it's a brutal location as you know. Um, I I just driving around there, I found it difficult to just drive um never mind try to park and and uh um look at the the the premises. Um, my biggest concern is the safety. Um, maybe the transportation service could help. Um, the employees parking down the hill at the lower locks. I don't know how long that'll last. Um, realistically, I I I saw that you have like a director, a nurse, um, on-site individuals. So, it looks like there's probably going to be four or five individuals that are working there at at a time. Um, so my my biggest concern is still the safety and and I'm having a hard time getting through that myself.

Thank you, Mr. Chair. Thank you. So I uh uh through the chair, can you wait till we finish and we'll come back? Okay. So there might be two questions or whichever. Okay. Lucia.

Thank you, Mr. Chair. Um I share similar concerns with regard to parking. However, I also acknowledge just as member Pchette did that um any business in that location will struggle with um the hightraic area as well as the limited parking. Um, what about when dropping the participants off and if you have customers in your pharmacy, like do you have any concerns with bringing all of those elderly out, putting them in the van with other cars that are, you know, patroning patronizing your pharmacy? Um,

may sure you give me one second.

So, I did, you know, think about it. Now I decide if I have an okay to open adult daycare there. So my door open for participant at 8:00, I will change the pharmacy hour to 9. Now since I opened my pharmacy for five years already and in that location majority of my patient is senior and they don't have a car so I after the pharmacy close I personally can't you know go believe in med for them so to say maybe I have one or two patients that will come with a car to pick up medication as you see over there I have a many building for senior and they walk all the time and then I you know deliver within law. Um just like you know the auto building at the summer street um you know I have patient on Mar Street when Walgreens walk and and CVS moving out so they go to us and we leave it to them. So very very you know minimal people come in with a car to pick up the medication and I'm grateful to help out you know our senior I think I'm so busy with our senior alone not you know um thinking of you know people from another city coming to you know um to do business at the pharmacy. So after many year I mean like couple years I look at it I calculated it and I I think is is I'm not going to have any problem with that because majority of of the patient that pick up the medication at my pharmacy I am the one that bring

it to them. I bring it to them after my my store uh close on Saturday and Sunday. Thank you. Thank you. Thank you for your So the question I have is you pulled the van into the parking lot right now. You have to back that van out onto Andover Street. Yes. Okay. When I was up there visiting you before I pulled in, I had to back out. Yes.

So backing out, I couldn't see up Andover Street because all the other cars are parked on the street. So my sight line was very poor. Um, I wanted to go up the end of the street, but I couldn't. I would have had to pull into two full lanes of traffic and I just couldn't make it because the traffic was coming so fast each way. So, I had to go down on High Street and all the way up. So, I think the concern is trying to back that van out onto Andover Street with full traffic. And once that light changes, they just gun it because you have two lanes coming up to Andover Street at that light. One in the middle, one to the right, and you have the one coming down. At one point there's it goes from two lanes coming up, one down. So you almost have three lanes there and you're going to back all the way out to the three whole three lanes to make a turn to get out. Correct.

Right. That's my traffic concern. Can I I mean, and like I say, I pulled it up. I couldn't see up the street. I'm looking I'm like, I don't know if any cars are coming. And I had a small car. I don't know how the van's going to do it, but So that was my concern. I mean, I like the idea of the daycare center and everything else, but it's not wide enough to turn the van around. They got to pull into three lanes of traffic there. It's very, very high intersection. So, Mr. S, you have any questions, comments? I the same concern of my colleague. It's very congested traffic place and it's hard to turn around and drop off. So, that's major concern. Yeah. Yeah. Go ahead.

Okay. So thank thank you so much for concern um for that. I do have you know at is right now when people pull in to buy beer why they tell me that too. So I plan to have someone right there when the van pull in to drop off my participant. We will have someone right there with the comb, you know, to ask, you know, people slow down when the van going out as well as when the van come in to pick up participants. We're not gonna we're not going to let just the van come and pick up and go either me as a you know I at the director or you know one of my assistants will be there day in and day out when they the van pull in and pull out to make sure it's safe for you know the driver for participant and make sure it's safe for everyone engaged in you know um in the car on the around our area and um but thank you so much. I I I absolutely you know think about that and I would like and I think that's the best you know to have someone stay you know stand behind the van when the van pull out or pull in to signal the driver. So I think it's going to be a okay I know it's very tight area but I also you know as I walk around my neighborhood I see a lot of senior they walking around they don't know what to do on the daytime and as you go to Belvadier building you see senior over there and sometime I talk to them and they said I don't know what to do Q everyone call me QQ they said I don't

know what to feel guilt and I asked them to engage in you know some kind of activity but they they kind like really lost so I think it's the I know it's tight but I think it's the best area for my neighborhood if you you know I welcome anyone to come down to visit again and I very very very want to help out my neighborhood so that when they I would like to open and organize this you know so they come in, I can show them, you know, a very low impact activity. Um, like, you know, stretching, yoga. I just want to get them out of their room. Sometime I come to visit them, drop off the medication. You know, the outside is is bright and sunny, but their room is so dark. It's aching my heart. I it's so many of our seniors like that and I really want them to get out you know go out and have some fun. So I am very appreciative you know um board members can think hard again and uh approve it so I can do what what I love to do in my life. I really

How many van trips do you think you'll make a day?

So for my stay I only um That is right now. I applied for 24 participants as a son and I have two vans. I have two vans for myself. Um so I am thinking to buy one just one van um with 16 seat just one more so that if I can go just pick up everyone at once and then with this another small van we'll pull in. So, I don't think we going to cause a lot of traffic. I don't think we're going to cause a lot of problem. I don't think it's going to be a problem to pull in and pull out because the van only pull in once in the morning and back out and go to park in the garage and then they will come back again at the end of the day. Just go in one, pick up the customer and pull out. So, I think that going to be a minimal problem. Many night I think about it. many night and you know beside that I am so confident that I will have a lot of senior not you know that they can walk to me they you know there is a building in FA FA uh street so many senior in there that they never get out I my heart aching when I go see them when I go drop off the medication and and you know when I go in their I see so many medication that expired for three year, four years now just one of me. I cannot go so many of them for one Sunday. So I really want them to come in so I can I can show them I can teach them how to you know dispose the old medication so that they don't you

know accidentally take it. Um so the the concern is there. Yes. But I think it's very minimal. Mr. Chairman, if I if I may, it might I do have some experience with serving on the Duville board and we did have an adult daycare facility. We we elected uh to close it some years ago because it's tough. It's uh it's not a very profitable venture. I can tell you that. Okay. Um and so my understanding is that there is not going to be during the day once they arrive they spend the day there. It's adult daycare. So you are going to be providing lunches. Is that correct? So okay. How will that be provided?

So I will work with a dietician and then I will I will also um you know looking for a restaurant like local restaurant that they are um can provide the very you know healthy meal for our participant and um you know they probably can drop off for us. Yeah. And um so you won't be preparing it. I won't do that. I won't um it's going to be a restaurant.

Okay. Yeah. All right. And then and again I'm looking at it's a business zone. It's au zone. Um I I if you really think of all the businesses you could possibly have this is probably the most controlled way you can have the customer delivered and it's not coming and going all day. They're there. It's it's adult daycare. They're in there in the morning. They're there all day and then they go home at night. Um, so it's not it to me it's equivalent to a taking. If we don't want to, if we don't think this is good, what business, what retail business could go in that zoo zone there and just go walk around the corner. There's tons of businesses over there uh that have zero parking, right? So, and and so from my perspective, I can't I can't even imagine a a business that could go in there that would probably have this type of really controlled drop off and pick up. It doesn't happen cons during, you know, constantly during the day. It you you're controlling it. It's not like all of a sudden a half a dozen customers show up to buy, you know, the wine and the beer and everything on the way home or or even if it was a convenience store or if it were whatever the case may be, that would be in a umu zone. So, um, and then, uh, looking at the need, I am familiar with with the area over there. I I think it it would fill a need. Um, and again, I I understand the the concerns, but I'm looking in that in that area, in that section of the city, um, if you're going to provide this type of service, I I I think um, you know, it's it's um it's as good a spot as any that you're going to be able to find around there. And you've got the pharmacy right next door. I could see some synergies there as well. So from my perspective, I I'm I'm satisfied. I I would be looking at um for myself to be satisfied is that we would uh mandate that the the um the

clients have to be uh transported there, right, to and from the facility. The uh walking distance.

Oh, yeah. If they're walking, that's fine. Yep. Absolutely. And then the employees cannot park on site. and and I worked downtown and my employer uh paid for some of the parking and we we walked quite a distance to to get to to work and I did that for years. So, um I I I and they'll have they may be lucky enough to find some on street parking as well or they may park in the lower lock. So, I I I don't think that that's impossible to imagine that. Uh for for those of us that like to pull up and have a dedicated parking spot and walk into our office, we're looking at and go, "Oh my god." But there are people that do it and I did it for years. Um, so from my perspective, um, I I I'm comfortable with it. Um, anyways, I I just kind of want to lay that out, Mr. Chairman, as far as how how I'm viewing this. So, thank you,

Mr. Tenza.

Mr. Chairman, this is uh probably one of the most likable petitioners we've had before this board. Um, I appreciate your dedication. I appreciate everything you're doing. I still think this is a lousy location, but I'm tempted to to say um based on your representations that you're going to be providing transportation, people aren't going to be uh the employees aren't going to be parking there that we potentially give it a try. Um hate the location. I really do. I like the idea. Um but it's a tough it's it's a brutal location. It it really is. Um, I hear what member Fchett is saying. Um, um, I'm I'm up in the air only because she's incredibly likable, Mr. Chairman. I mean, truly. I mean, that's truly where I stand.

Thank you so much. Thank you, Mayor Caleb. Absolutely. Um so you mentioned about business hour but do you have a exact business hour that and also for the hours that you you expect the the van drop off and pick up?

Yes. So we going to open Monday to Friday close on Saturday and Sunday and uh so the participant going to come in at 9 and then the first van going to move out at 2. So the first first day I'm gonna move out at two and 2:30 going to be the second one. So everyone will be home you know soon enough for you know get ready for you know rest and I mean dinner and and evening rest. Gotcha. Yes. So that that's it that that the two hour that

I'm asking because I mean the rush hour is the toughest. I mean in car lineup like crazy. you I I'm sorry to cut it, but but I I wake up every morning early because I want to do this. So, I pay attention. I know that by 8:30, no more school bus. Mhm. By 8:30, no more school. I get up early every day. I walk around. I see how busy. So, by 9:00 at that corner, it's quite quiet down. So, that's why I I want the first going to come in at 9:00 to drop a participant and then move out and then I will, you know, allow the second van.

Um, as I just, you know, right now I only apply for 24. So I I'm not going to have like five or 10 bands of just so I really dedicate to this. I really want to help out. I I I really don't want to live out any senior um in my neighborhood. So, are there room to expand beyond 24 occupants on the same location? Um so, if that Yeah, that's a good question. I thought about it and I said if it's more than 24, I probably have to look for a bigger space.

Okay. And uh I am so confident with that because I talk to so many senior I go to their home I talk to them and they're like yes it's good kill I will come I will come they are very exciting just that you know I guess you know no one there before me to talk to them so if it's more than 24 I would love to looking for somewhere bigger for absolutely But not you know at that location I don't think it's So are you applying for only 24 occupments for this permit? Is it specified? I just want to ask it's not specified.

It's not specified. Yeah. That's something for the board to think whether you know we we set specified that so we won't you know I I guess would there be would you be amendable to I guess that when I go with the state label to apply for a license and that where the cut line that where I have to I have to tell them how many participants. Mhm.

I understand. But like um can you tell us the maximum that you envision on that side? Because I mean uh that's also what we're evaluating right uh I suppose can be more than 24 but like I mean at most you might have 32 I suppose if you have two trip from that bigger van right so so do you have a number? So for for that location I want between 24 to 30 that the max. Okay. On I provide a service I want the best of it. I don't want the number. I see.

So that's going to be the max. If I have so many requests and before I can I buy a bigger SP but if you know before that beyond that beyond 30 I not going to accept any participants. So, is 30 still covered by two vans? Um, yeah. You know, because I decide to buy a bigger van. Right now, I have two two van, but I want one more. So, we can expect even up to 30 people or participant, you will pretty much have two drop off and two pick up only, right? Okay. what I'm

So would it be okay we limit your participant to 30 as tied to this? Yeah. Oh, absolutely. Absolutely. Yes. And I I don't want to go beyond that because as I I said sure if I provide the service it's got to be the best. Okay. I am not you know of course business is you know growing is good, money is good but that's me. I want the best, you know, when I give out access to some and and I believe there's staffing ratios that you have to comply with as well. So that's that's dictate that as well. Yeah. And I I understand the the state agency have jurisdiction on that, but we're we're looking at more the how do you take care of the lanyard's impact

um on traffic particularly. Um well, that's good to know. I think that's good information. So we'll consider that. Um, and I'm just wondering and maybe I are there any training for traffic direction? I mean from the police or something that make sure you don't get yourself in danger while you were trying to direct the traffic. I I I'm just wondering if there's any program like that that anyone ever heard of. I mean if there is a program like that I I am absolutely want to go and learn how to do that I am yeah I know usually on

to to but you know when I when I running a non-emergency trans transportation company I went through that training okay I did personally I went through that because I have to training my driver if the car broke down you know what need to be put down on the road and all that you know prevent any cap accident but if you know to open the adult data health center if they need the police require me to go there for another training I am willing to go absolutely 100%

just just for my information yeah um I think uh yeah I think I think that will work uh and and if there are any training that's that's a plus I don't know if there are Okay. Um and um I think I when I skim through the um the comment also uh I think the building inspector talk or the fire chief maybe let me see mention about um uh oh the fire department. Yep. That you'll be uh complying with the fire code and building code. Yes.

What's the situation? So right now I'm working with a architect and he going to do code analysis for me. Um so he working on it right now and when he done uh he going to present to the board of course and I also spoke to uh deputy

um about you know I I let him know what he you know I would love to do. He He said just go with the board meeting today and then work and then you know let the uh architect work on code analysis and then I bring it to him and then he have to come down for my building because at is right now I do have a um occupation occupation permit. I have fully equipped of you know fire alarm that connect to the firehouse ecrest everything is is you know okay compliant so but I still have to go through that and I

um 100% fully you know uh compliant with you know anything that we provide for adult day care okay of course you know safety is number one for us as well good to know just usually just to makes your applicant aware that that could be the most expensive part of uh of new units. Um so with that um um thank you. I think that's all my question.

Anybody else have any followup? If I guess going with the fire department, I know they said that you have to comply and basically what that is that um you need the automatic fire sprinkler system and then you have to have you know what's the smoke detectors and they have to be inspected and maintained and need the power. They have to be backed up but as you indicated that will all come through the fire department. Um because if they don't sign off on that then you don't get the building permit right. Um, so I believe um I know this was scheduled for a special permit, but Mary, did we find out later that they would have to come back for a site plan as well? Yes.

Okay. Are they aware of that at this point now?

Okay. All right. I see. So it was advertised for the special permit. So we're only voting for the special permit tonight. And since it is a special permit, it does require um vote of four people in favor out of five people voting. Keep that in mind, we'll make a um the vote. So at least four out of the five board members. So and then we get the fable reply tonight on the special permit. They will come back from the site plan. If they don't get approval on the special permit, I don't anticipate they'd be back for the site plan. So um saying that, what's the request of the board? Mr. Chairman, I'll make a motion to approve the uh special permit with the following conditions. That the owner operator will provide uh transportation for uh the clients of the adult uh daycare. That uh they will uh not exceed uh 30 uh clients. and that the employees of the adult daycare uh must park offsite.

How about the traffic control coming in the building? I mean in the parking lot. uh yeah in and uh applicant uh will uh um provide and I want to be careful about this because uh it it's a safety issue as well but assistance yeah the the um uh applicant uh will uh provide um assistance in the um uh egress and entry of uh the adult day care vans uh provide you know delivering the clients to these to the site.

I don't want us to say that we're putting them out on the street to direct traffic. So, we're going to be careful about that. Yeah. Yeah. Like you say, probably not. Assisting in traffic. Assisting in traffic control. Yeah. That sound better. Okay. So, we have a motion on the floor. Do we have a second? Second. All in favor say I. I. I. Any opposition? I'm going to say hearing none. The matters pass. Good luck. So, thank you. You'll have to come back for the site plan which the special premise much

because we have more regulations and it's much more strict in the site plan. So, if you did as well as you did tonight, you may be successful in the future. Maybe I have to say bit of a predict. And then you'd only need three out of five votes at the next meeting. So you won't have to beat us up as much. Thank you. Good luck. You just people to sign in if they're going to come up. Sure.

So, would everyone come in and speak? They're requesting that you sign in so she can have the u minutes appropriately when she doesn't. She'll know how to spell people's name and where the addresses are. So, okay. Let's see. Where's my agenda here now? I just Okay, moving along on the agenda. Do we have a preliminary subdivision to Prince A, one Mley Way? Uh, the Dude Place LLC has applied to the low planning board seeking a preliminary subdivision approval to split the lot at two Prince AB one Markley way. May we hear from the applicant, please?

Good evening, folks. My name is Antonio Moore. I'm a civil engineer with Stantech Consulting. Um my office prepared the preliminary subdivision plans that we submitted for this uh application package. Uh this is the first of two subdivision plans that I'll be presenting tonight. I'll be presenting a different subdivision plan at the next agenda item. Uh this particular subdivision, this preliminary subdivision is for uh three parcels uh two Prince, 56 New Hall Street, and 48 New Hall Street. Uh the preliminary subdivision proposes to subdivide those three existing parcels into four new parcels plus uh it proposes a new private subdivision roadway off of New Hall Street. Um we have received a uh memo from the planning staff. Uh that memo states that the preliminary subdivision plans that we have submitted uh to the planning board complies with all the requirements of a preliminary subdivision plan in the city of Lel and it also complies with the city's city of ll's uh zoning ordinance. Uh it further states that uh upon receiving approval of the preliminary subdivision we will be required to come back before the planning board to present a definitive subdivision uh application package. Uh there are some additional comments in the comment letter regarding uh requesting additional details pertinent to trees and landscaping. Uh whether the road will be public or private, it'll be private and uh whether uh there's also some questions about uh you know the specific details of the utility infrastructure we're proposing. Uh those are all details that are typically handled the definitive stage. We will work with the various town departments, the wastewater department, the city engineer, and the water department to address any concerns they have and answer all their comments and incorporate those into the definitive plans. Um, it's pretty much all I have to present at this time on this subdivision. Um, we're here to request preliminary plan

approval so that we can proceed to the next stage, uh, which is the definitive sub subdivision stage. and I will this time hand it back to the board for any questions or comments. Thank you, sir. So, before I open up to the public, is there anybody else on behalf of the applicant speaking or just yourself? Just myself for now.

Okay. So, at this this point in time, um, I'll open the matter up to the public and we'll start off with anybody who'd like to speak in favor of the preliminary subdivision. Anybody want to speak in favor? In favor? In favor? Hearing none. Anybody like to speak against the preliminary subdivision? Just come to the microphone and uh, state your name and can you write your name and address down, please? Hi, my name is Holly uh Holly Flynn, 34 New Hall Street. I am a member of Honest Future for Lowel. I'm here in opposition of this subdivision plans Markley is proposing. As I stated, I live at New Hall condos. It is where on page two shows wants to erase an existing property line and to be moved over right at our door and entrance. Why is my building not on this? We share that driveway to our lot and have been for well over 20 years. These plans do not reflect that. We share the snow plowing of the winter and seal potholes in the late summer. Taking our only access to our parking lot and out to our public street will only negatively affect 51 local residents. It will put us in a financial strain, decrease our property values, as well as blocking emergency exits. The existing line should stay where it is, and the plans show that is an accessible driveway. Another opposition I would like to bring to your attention is the proposed driveway on New Hall Street up by the brook. If you are familiar with this area of New Hall, it is narrow curved road with no sidewalks. I walk it every day and see many kids

walking to the three schools that are located past there. I also observe families heading up that way to shop at the Dollar Tree. A main entrance at that location will be a safety hazard. The construction of it alone will create a dangerous condition. What is their plan for it? Will it be a main entrance? How many trucks will come through at the busiest time of the day? Where's the transparency? I recommend that you ask these questions and seek answers tonight before anything gets approved. The back central has seen what Markley has done to the southside Prince A, Iowa Street, born in Andrew Street. We don't want the same. Our neighborhood cannot handle the congestion, noise, traffic, and pollution. Thank you.

Thank you, Mayor. So, hello. Uh, my name is Jake Forz. I live at 36 Iowa Street. I'm back here um once again. I think you guys have gotten used to me at this point whenever this comes up. But I'm here as a member of Honest Future for LOL because as you can see with this particular project, it has ruffled enough feathers that now we've become a community organization. And every time we come here, we ask for the same thing or at least I have since 2016. Transparency, accountability, and truthfulness. With this particular project, I have some concerns. Uh, one is about the uh, road that they're proposing to put in over on New Street and whether or not there's contaminated soil underneath where they're proposing to put that. The only reason why I asked that is because every time there's a new season, about once every other season, they have to replace the trees that are along the property line that are around that fence. All you have to do is go down New Wall Street and look, you will see new plantings there and a tree that they planted behind it to obstruct a view. Um, seemingly to obstruct a view is dying. And so I'm sure they'll probably replace that or that's why they're asking for the entryway to go in that particular area. Soil sampling needs to be done at this site because there's a lot of stuff going on and it's blowing around. Today I witnessed it again and had to report it to Lisa Golden. And

this isn't the first time. April 11th, it was just literally blowing all the dirt and that northeast corner just blows around incessantly. They stick little like sprinkler things on them. But what good are they if they're not turned on? What do they mitigate? Nothing. And yet we want to develop the site more with more soil spreading around that looks on its face to be killing what's planted there. So how do we know? We don't know. So I'm hoping that somebody here can get the answers to that. Uh the other concern that I have about segregating and subdividing these properties and maybe you guys can help me out with this because I was trying to look at this and figure it out. So lot two becomes where the data center is. All the other lots don't include a data center. To me, this looks like we're trying to skirt something that was worked on by the city council. That is how it portrays to me, but I'm not sure if my understanding of that is correct. If you look at lot number two and look at the lot lines, the data center is strictly within that. But then if you look at where lot one, three, and four are, they skirt exactly where the data center is. So, is this some sort of way of subdividing the property to allow construction to continue? Does anybody here on the planning board have any insights into that? Because I don't know what the subdivisions are or the lot lines are. So, that's why I'm asking you guys for like more definitive answers because I don't the way it looks to me as a lay person. Everything is in lot number two. That is actually the data center. But then if you look at the other lots, there's nothing with the data center in it. So, is this what it's to accomplish? I I literally to to me this is what it looks like and I don't know. So, that's why I'm here tonight is to figure out if that's what they're doing. And again, that would lead to the transparency portion of the problem that we've had for the past 10 years, why I've been

here so much. There isn't transparency. But to me, that's what it looks like. So if you guys are looking at the plans, you will see that lot number two strictly houses the data center and all the other lots don't touch it. So that's if anybody has an answer to that one, I would love the answer to that. But that's what I have to say. Thank you.

Thank you. Uh my name is Mary Woi and I'm a member of honest future for law and I am here today because I don't think that this uh subdivision should be uh given an okay and these are my reasons. One uh subdivision can be used as a as a as a strategy for expansion. I know this is the planning board. Everything uh seems to be following certain rules and all you know and stuff like that and but the truth is uh that we've seen in many other places where companies uh violate companies do things that they should not be doing uh by using things like subdivision. So this land use change to me looks like a backdoor for industrial expansion that violates the spirit of the law current data center moratorum. And the other thing is the engine gap and silence. Uh Markley has approval for 27 diesel engines but seems to have room for like 25. And this subdivision may be the missing link to bypass physical site limits while the company is not disclosing its full or true plans. The other thing is the company in question has a history of non-compliance. So we can't just say this is a planning board issue. So uh since the city of Lo other department as was referenced by Mley has already approved this and it's meeting those requirements. We cannot just be blind and assume that things

will work well. uh law neighbors have experienced mly history of non-compliance doing things that they are not permitted to do and using tactics that evade oversight. The other thing is for this uh uh second one Markley way this may be where they plan to expand their diesel infrastructure. We don't know but this is the neighborhood with high poverty rates and a nearby school and a nearby school. So this may be a betrayal of our own public health goals. Then moving the what if they move moving the entrance to New Hall Street is going to create industrial traffic in residential corridors. So the subdivision may actually displace uh local business parking for a project that only offers very few jobs in law. I'm urging the board to continue this hearing until a master plan is submitted and um yeah this should not be viewed just as a planning board decision or a simple subdivision. We've experienced treachery from these companies and we need to be as smart as they are. Thank you.

Thank you. Hello, my name is Sarah Lap. I'm at 200 Market Street, Unit 416. Um, and I'm a member of 350 Mass of Greater LOL. We're a climate justice and environmental organization and we we advocate for the residents of the city on behalf of those issues and we're here in support of the residents and the group honest future for LOL who have been dealing with these these very serious issues in their neighborhood for well over a decade. Um, I'm not going to reiterate a lot of the arguments that have been made because I think the speakers before me spoke very well on those and we do have we share those concerns um about the contaminated soil as well as the actions of the data center potentially violating the moratorum. Um, so I'm I'm not going to continue to reiterate those. Um, but I will say it it is it's to me it's it feels very a little striking that um there were pretty substantial questions asked of the previous applicant for the adult daycare um because you did have concerns about that and I I do think that that particular business is a lot more valuable to the city of LOL especially as a small bit as someone who's a small business owner um it it provides a lot more value than this data center. So I would ask that just as the residents are demanding transparency and asking for what is really going on with these with these plans um that that kind

of attention is also paid to them and even more so um given that they are a large corporation. Thank you.

Thank you. Hello, my name is Ron Petri. I'm what you'd call an expert witness. I've worked in the data center business for more than 40 years. I know the insides and outsides of how these things work. I know the power they chew. I know what how heavy their HVAC requirements are. I know what comes out of the wastewater out of these things. If you guys are having plants die and you've got a school downstream from this place, you need to do some testing and some checking to make sure that there isn't a safety problem. And I'm not going to take a stance either way on any of that ex except to say I've got professional experience and if you guys have got evidence that something could potentially head downstream into a school, you guys need to do some checking that hasn't happened yet.

Thank you, sir. Anybody else have to speak?

Hello. Am I on? I'm on. Uh Sean Mcdana. I live at 61 Market Street. Private citizen. No official capacity. Um I do have a question. I know at the last planning board meeting uh a question was asked by another member of the public and it was said that because it's a preliminary subdivision there's not much room here and I and I understand that I I do know that the the city council recently amended the zoning ordinance and put in a data center moratorum and that part of that uh section like line two says where'd it go? Sorry. Basically, sorry that no permits, no development, no new construction, no expansion. Your this board suggestions were extensive and they were incorporated. This subdivision, as another speaker pointed out, does take an existing lot that is a data center, subdivide it, leave a bunch of bordering lots that are now not a data center. And without this without the LLC that is controlling those parcels and all of those parcels and I understand that they don't always need to disclose what the intended use of the parcels is in a preliminary but in this particular case it would appear that to a reason to to someone not in your seat to just kind of Joe citizen me right now it looks like this is how you begin working on expansion and so I would hope that the companies seeking this subdivision would be happy to publicly state that they are not expanding the data center so that you know they would not be violating any part of the zoning moratorum and you could issue the subdivision. So that's all I have. Thank you.

Thank you. This is very quick. So, my name is Kim Scott, 27 Commonwealth A. Speaking as a private citizen, um I just in the interest of transparency, I would really like to ask or for the board to ask, I guess, what the intended plans are. Um, it just seems like I I understand that perhaps it does not need to be disclosed, but as a private resident, I would like to ask what the plans are here. Thank you.

Thank you.

Anybody else like to speak? Thanks to everybody that run went before me. I just want to sum up a couple of um both obser I'm speaking as a private citizen. I want to sum up a couple of observations as well as some questions that we all need to ask. Um, one observation that I see is um, Mark Lee who has been in this neighborhood since 2015, it doesn't seem like they have been good neighbors. So part of the as you did such a good preparation for the adult health center, part of the questions to ask would be to what are they doing to mitigate all of the issues that they are having right now before they um set up on a uh plan of expansion. Right? That is that's the first one. Second most important thing is what is the water consumption? um data centers are known to uh increase the like have a high water consumption needs. How is that impacting both their neighbors as well as the city of Louisville um in you know in general because I um I'm a member of my HOA board and we saw that our uh water bills have gone up quite a bit and we want to we like all of us are actually trying to um work within an inflationary economy. So anything that impacts even a little bit of that pie is going to have a huge impact on regular um working families right and that is something that is very important to find out because if we are

underwriting the water and energy needs of the data center what are we getting back for it other than just soil contamination or um um you know noise pollution. So that is something that is very important to find out before we go forward. And finally, I will say this as a support to Holly who said her condo is right by there. Um condo associations especially some small condo association work on razor thin margins. Anything that impacts their uh space can affect like you know how much condo association dues you pay, how much is in reserve, what can what fixes can be done like to the parking lot. These are all concerns that will immediately impact the people that are living around there. You know, something happens to the driveway, the condo association has to pay uh pick it. that's like maybe a $50 or $100 increase in condo association fees that not everybody will be happy about. So these are things that I want to um contribute as a private citizen that has had this experience and I hope that you guys uh that you the board will concern uh consider this very carefully before um you grant any permit. Thank you.

Thank you.

Anyone else like to speak? Anybody else? Anybody else? Hi, my name is Nancy Papis. I'm a private citizen. I live at 46 Davey Street, so I'm not quite right there, but I can see work going on across the river, and this is just a concern in general. If they're buying contaminated property, who's overseeing the dirt, the construction? Where is all that dirt being hauled away to? I know there's private companies or com, you know, public companies, um, Clean Harbors, there's several that they come in, they take it away. Who's making sure that that's done? I know that at the last meeting I went to, which was, you know, South LOL, someone brought up the fact that there's a dirt pile at the end of Andrew Street and it's just sitting there and it was on contaminated land in that area. So, I think that's something that the city really needs to look at for everyone,

not not to mention the kids that, you know, go to school down the street. So, that's all I have to say. Thank you. And it does look like they're doing something across the river because it's right over again. Probably not being overseen. Anybody else like to speak? It's okay if I go again. I just have Open a can of worms. Right.

No, actually I was thinking about this and then like I got uh distracted with the water and energy. New Hall Street where the new entrance is supposed to be. It has some beautiful trees there. It's a very shady curvy seated uh street. It does not have u outside on the road. Um there are some big trees that provide some nice shade. Um, and if the entrance gets relocated, will those trees be cut? We already know that Louisville doesn't have enough tree shades and green spaces. What would happen to that? So, that's another thing to think about. Anybody else? Any trees?

Before turning over the board members, um, yeah, I'll ask the applicant if he wants to respond to anything. Um, any comments that you want to fill? Uh, I think you've waited so long.

Yeah, I there was a lot there. I don't know that I need to respond to every single one, but I'll I'll do my best to address some of the comments that were that were made. Um, with regard to the street trees on Newh Hall, we are proposing new street trees on the additional street that we're proposing. So, those will obviously mitigate any loss of trees that occur on on New Hall Street. Um there's a lot of discussion about you know what's you know what these lots are for and I don't have a lot of information on that. Um what I can say is my understanding is the applicant is still you know trying to determine what the best use is for these parcels. Um so I don't have any information to share on that tonight. Uh all I can say about that is you know I certainly appreciate that there's a lot of interest in what that would be. uh at whatever point the applicant decides what they're going to do with these parcels that are being subdivided. Obviously, they would have to come back before this board uh with a detailed site plan and present in front of these people once again and uh address those concerns and comments for whatever they decide. But um what I can say is that this time they don't have any definite plans. At least that's my understanding. So, uh, this subdivision process is part of the process of them trying to determine, you know, what their options are and what they can, uh, how they can use these parcels.

And before we even get the site plan, you'd have to come back for the definitive correct subdivision. Correct. Then after def definitive subdivision, then you have to come back at the site plan and then we look at the water, the contamination, the traffic, and all the other mitigating circumstances. Correct. Right. Correct. And so even though we have a mortorium in effect, that does not affect a preliminary subdivision because it that is only to work towards zoning. It has nothing to do with somebody cutting up a piece of land. That that's exactly violate in any auditorium by the city of Lol. I'm sure the law department would have told us so in our memory.

Yeah, I I I couldn't have said it much better. Um, you know, a lot of these comments are comments you typically would see at a site plan review meeting, which special permit, whichever, or special permit, which is not what we're here to discuss tonight. We are here tonight strictly to discuss a preliminary subdivision, not even a definitive subdivision. We will obviously address any comments we got on the comment letter from the various departments. We will incorporate those into the definitive subdivision plans and we will be back before this board once again uh to present that definitive plan to the board. So again, tonight all I'm here to discuss is this preliminary subdivision plan. Any uh questions about past projects or future projects? I I'm not prepared to answer any of those questions just because I don't have that information. So

and so basically we know that it's an light industrial zone and obviously if you wanted to change that zone at all, it would have to go before the little city council. Correct. for and then if you want to develop anything on there, even if you get approval, you still have to come before correct or the site plan or a special permit regardless of what you're questioning. So tonight for the preliminary subdivision, he doesn't have to tell us what they're putting in there. Doesn't matter. He just says, "I want to cut up this piece of property. It's the same site we have now. We might want to make it four apostles instead of one." Three. Three. Yeah. Because you already have the one where the data center sits now.

Yeah. the streets being sub a total of four but you're going to create three. Um

so basically all the staff comments we get from all the city departments that go out to the city hall all eight or nine of them they come in and they tell us that the and this is uh from a planning development who is working on the new uh zoning code for data center to come back before the council for approval. So what we have to consider up which was told to us is the application meets compliance requirements for the preliminary subdivision. It has everything on the plan it needs. It has the name, the arrows, the locations of the subdivision, the names. U the public works has the information. It has the water thing set out. It has the all the records of uh records through the engineering are marked. The proposal the dimensions of the proposed streets in ways and areas of public use are marked. The lot lines are marked. The proposed drainage is all marked. The proposed streets and horizontal scales are marked. The top of the uh land is marked. And the proposal meets all dimensional requirements for our zoning ordinance. So, and it says the plan is a um preliminary plan and will receive a will require defendive in the future. Um, you know, then plan of staff mentioned you'll put some trees in and stuff, but that would actually come back on the site plan or defend the subdivision. So, basically, and the question was, is it going to be a public or private way? And applicants indicate it's going to be private way. That's correct. Um so meets all the criteria from all the city staff that have told us from planning and development u and these all went to engineering fire department health department board department solid waste um sustainable

comments from the city of ll storm water comments wastewater and transportation comments and we're told it didn't meet all the requirements of a plate. Thank you, sir. Thank you. So, are any of the board members have any questions or comments? I I do have a few questions. Sure. Go ahead, Kayla. Um, can you explain a little bit of the um the changes on the lot line sharing with the um uh that the butters on the condo association New Hall Street, right? um how that change and and maybe address her concerns about whether this will affect probably the access easement.

Uh the access easement won't change. That will carry with the lots. So the access easements that currently exist, they will continue to exist. Um there will continue to be access easements across all the lots as needed. Um essentially the subdivision doesn't change any of that. It just redraws the lot lines. Um, so there will be no change as a result of the subdivision in that regard. Um, so I don't know if that answers the question, but um, could you explain a little bit? I mean, I'm trying to look at the the the the plan. Yeah.

Yeah. I mean, I know it's the the one on top. I mean I know you don't have a presentation here but like where are we looking at and and like um and is it going to be the current situation maybe under one lot is going to split ownership into well not ownership but split into two lots where where am I looking at first I mean first of all I I'm sorry I'm not following what the question is oh yes I'm sorry about that uh can you point out maybe if you understand uh where the concern the uh condo association is uh has

I mean all all we're all we're doing at this point is redrawing lot lines so substantially nothing's changing out on the site the lot lines are changing which you obviously you don't see the lot lines out there when you go out there they're there are existing buildings out there on the new hall street site they'll continue to be there um there'll be no change with the subdivision I just want to pinpoint it on the plan where's the access there's access on New Hall Street Okay. This this way or that way? New Hall. Right here. Right here. Is it off? And there are there are cross there are access easements that cross there. There the two lots that are on Newh Hall Street. There are access easements that grant access between the two lots to New Hall Street. Those easements will remain in place as part of the subdivision.

Does that answer the question? But are there any changes to lot lines over there? Yes, there'll be changes to the lot lines. Can you quickly describe what those are? That would help if you could see what you're talking about. Yeah. Yeah. This is a new lot line here. Uhhuh. The existing lot line is actually here. I can write on this. Yeah. That's the existing lot line. Yep. These two lots will combine into a lot and the new lot line will be broken off here. So, this is a new lot line right here. Yep. So this lot line is an internal lot line that'll be that'll be deleted. Yep. So this is going away. Correct. Yep.

But the access Where are the two access points? There's an access on New Hall Street right here. Yep. Correct. And then there's also another access. Whose property is this? This is on the It's currently the Sakard uh management owns that property. They have it. They own this lot. The existing lot line. It's a little strange looking, but it looks like that. Got it. Okay. It's kind of It's kind of a pork chop shaped lot. They have a skinny little access drive and then that's that's one lot that exists. The second lot is this that goes all the way to the current Markle site. Okay. That's the second lot. Though this lot line will be redrawn. Yep. And then and is there an access point? Sorry. There is no worry. Chamber Street. That's um this is the ball field. Y

uh it's actually the ball field is actually on the street, believe it or not. Okay. Um the current access uh will remain on on New Hall Street. Okay. So there's just one access to this condo associated to this back here. Correct. Uh there's another access that actually goes up this hill to an abuing property. There's another property here that is not part of the subdivision, but there's an existing access easement. You can see this dashed line right here. Okay. And it goes out believe it goes out to one out that way. Thing I've drove that way before. Can we just see how that relates to full with the with the new with with this here? How does that relate to that? So weird. It is kind of an odd shape in order to grant frontage to to Can we break it apart? Yeah. Yeah. Yeah. Pull it apart. Go together like this. Do this.

That's why a big plan. Yeah. Yeah. Big planes help. I agree. Do that. All right. All these lots have frontage on the new road as well as they'll continue to have frontage on. Mr. Chairman, none of us have any idea what's being discussed. The board members are asking to look at the plan and he's he's directing us to the plan. So they have a question and he's answering. He's asking them about some of the lines here on the plan is this lot this way up. Yeah. This road lot one is out here. Lot two. He's answering the question.

Data center lot that goes out back here. And then this these this interior lot line that I have highlighted in blue and scratched in red will be deleted become lot four lot four will include all the go away I see as well and then lot three is this one correct lot four is this one so lot four includes legal frontage John newh hall it'll be this

and lot free. Where is the frontage? Here. Oh, okay. On the news of the So, it's a it's a flat lot, correct? Okay. Yep. And the condo association will is here. No, I'm not sure which one. I think it Oh, here. It's in the front. It's right here. Okay. It's in the front. On the back. It's right here. It's off. It's off the subdivision. It's not I suppose there is a driveway here. There is a driveway. Okay. Okay. Good. Okay. Thank you for your explanation. That that access drive is not being blocked. Okay, that's the question. That access drive will not be changed. And who owns that piece of property? That access

property is owned by this Sakard property here. Do you want to take a picture of this? Yeah. So that is I mean who who is Sakard? Is Sakard the management company? This building here. That's this building here. Okay. No. No. Is that the condo association? No, condo association is over there. Yeah, condo association is over. Okay, but you access it through here. Yeah, that's got it. And then parking behind this is parking. Okay. Yeah, the driveway is actually on this car management parcel. You want to take a picture real quickly? Yeah. I mean, so so you guys have an access to somebody else's property, not yours? No, we have we have this. This is our private property. Oh, through theirs. It's an access through this property

through somebody else's. No, no, that's theirs. No, that's theirs. This is our sparkly. Yeah, it's part it's part of the subdivision. This is the existing. This is the So, they are going to propose crossing out this one and put the new one here. Gotcha. Remains in place. Okay. Nothing changes there. Okay. All right. Thank you. Thank you. Clarify it. Yes. Yes. Yeah. Hope to see. I'll try to have a graphic that Oh, that that will be helpful. Yeah. I'll lo one too so that we have Yeah. Yeah. Yeah. So everybody can see it.

And um let's see line shared. I also want to ask about like uh are there any talk with the city engine uh traffic engineer about sight lines? I mean it's a curvy narrow road. That's all part of the definitive plan process. We plan to meet with the water department, the wastewater uh department, um city engineer. All those details will get worked out in the definitive plan. It's a preliminary plan, of course. So, we we have the, you know, a preliminary information that that meets the standards, but we'll obviously incorporate much more detail into the definitive. So, we pull that stuff out with the various town departments. Okay.

Um and lastly, we're we can ask uh the public members who have commented, right? I just want I want to ask Ron if he's still here. I don't know. Maybe he Ron just left. Oh, he just left. I just want to ask what test he was talking about. But um to test the water water come in a sight plan. Yeah. Yeah.

Yeah. maybe in a future com public comment because I I I was thinking cooling like tower water but I I just want to get that clarify for my information that would be for a data center. Uhhuh. Yeah. Oh, but but the soil okay well because you mentioned the trees. Yeah. I'll wait for him to clarify in the future. Thank you. Um yep all that's cover all my questions. Thank you chairman. Thank you. Thank you Mr. Chairman. I um I'm I'm probably as frustrated as most of you. Um it's just my nature. Um second that. Yeah.

Yeah. Yeah. It's just my nature. Um luckily he was warmed up by uh that lady that went before him because she was kind. No, realistically um the first thing that comes out is the lack of trust. All right. And the lack of transparency. If Markley truly wanted to get the neighborhood on their side, they would actually tell them what the hell's going on realistically. All right, that's what tick. No, no, no, no, no, no. This a meeting. That's what ticks me off. All right. Realistically, they should be telling us that's a pet peeve of mine. Um, look, this process is a joke. All right. This preliminary plan, it's it's basically approving that this plan meets all the specs that it has the right letters, it has the right numbers, it it's it's junk. All right. If it was up to me, I would throw out the preliminary plan process because everybody gets confused, including myself. I thought the last time I was here, I'm like, you know, why aren't there, you know, posters? Why is aren't there things out there? Well, this is a a silly process to approve a plan. It does nothing regarding the subdivision. It does nothing regarding permitting. It does nothing as far as I can see. I'm not sure why it's there. Um, this could be a relic. It could be something that's left over from the state. It could be something that's left over from uh the city of law. I have no idea. I think it's a silly process. I feel like I'm wasting my time doing this. Um, I'm approving a plan. Seriously, I'm not approving a permit. I'm not approving what you're doing. I That bugs me. Um, one of the questions I would have is is if there's contaminated soil, and we don't know that. Um, we're guessing,

we're we're we're hypothesizing. Um, I would certainly want to know where we report that to from the the Division of Planning and Development. Um, because that would seem to be important. Um, I I think that's an important thing and I certainly think if trees are dying, trees die. All right. Um, and it may not be due to contaminated soil. Um, but it could be. Um, and we certainly want to rule that out. Um, you know, so I think those are good concerns. Um, uh, one of the the speakers mentioned that they don't believe this subdivision should be approved. Well, we're not. All right. We're approving a damn plan. It's it's a ridiculous process. I'm just letting you know this. It's it's silly. Um you guys mentioned the the history of the issues. Um unfortunately this architect is put up here um because no one else from the company wants to see us. All right? You know so so I feel bad for him um because uh he has to do his job. Um, I truly don't believe um that Markley doesn't know what they're doing um as far as this um subdivision and I certainly think they would endear themselves a bit um to the neighborhood if they would be more transparent and tell us what is going on. Um somebody mentioned we had a lot of questions on that prior petition. Yes, we did because it was an actual petition where we're actually approving something. This isn't uh as far as I can see. Uh we vote on a plan, a piece of paper. Great.

Um Ron mentioned contamination. Uh somebody mentioned that this could be a potential uh end endound on the zoning moratorum. Once again, uh we're not approving anything. Um, this is going to come down to apparently the process is a definitive subdivision and site plan analysis approval and that type of thing. Uly not being a good neighbor. They would be a good neighbor if they told us what was going on and what they're trying to do. Um, water consumption. Uh, those are good questions that those are things that the city should look at. All right. How does it impact the city? How does it impact the residents? Great concerns. Um trees. We could always use more trees. Uh concerned about contamination. Um that's it. Mr. Chairman, I uh I've gone off on a tangent. Thanks,

Lucia. Any questions, comments? Thank you, Mr. Chair. Um, can you clarify that none of the moratorum on the data center nothing being done here is in violation of the moratorum on the data center? I actually don't know. I'm I'm just an engineer. So, I'm I'm I'm not a lawyer. I don't know how the legalities of all that work. Um, I'm an engineer as Mr. Tensar just said to prepare a subdivision plan that draws lot lines, water pipes, sewer pipes. That's I'm an engineer. It's what I do. So that's what I'm here to discuss the legalities of all that stuff. I I just I apologize. It's I'm I'm out of my depth on that. So thank you. Um I also wanted to say as a

just I am a lawyer. Uh my name is Dan Bailey. I am a land use and environmental lawyer with Pierce Atwood in Boston and I'm working for Markley on this. But I did want to respond to your question. the preliminary plan has no effect whatsoever on the zoning moratorum for the public's yeah just just so people understand that

um also as a fairly new member of the planning board I go back and read a lot of the regulations because they're not you know um second nature to me yet so I went back and read section 2A um one of the subdivision regulations under preliminary plan. And um the last sentence says, "Conditional approval of the general land use of the proposed subdivision must be obtained from the planning board prior to the preparation of the preliminary plan. So I think based on that passage, the planning board can ask you what the proposed land use is. The general land use,

it's industrial. It's industrially zoned. Well, it's zoned light industrial, so it would have to. But if you're if you're subdividing or proposing to subdivide land, we would want to know, are you proposing, you know, town homes? Are you proposing condominiums if it were in that zoning as an example? I mean, I I don't know. I mean, I I can be fairly certain it's not going to be residential. uh because clearly but I was using that as an example in a residential area. I don't have a readily available example or this is a very regular part of the process when somebody acquires property. I realize that

the the subdivision process is trying to determine what the flexibility is for further subdivision. At the same time they're doing things we've heard talk about contamination tonight is testing for contamination. And it's all done under the supervision of a licensed site professional who is responsible to the Massachusetts Department of Environmental Protection. Very familiar with that process. I've been working on it for 30 years and I can assure you that that is being done here. Um, oh, the other thing I wanted to mention, I'm sorry, but I am in less than stoal splendor tonight. I apologize for that, but I have a broken upper arm and uh it wasn't going into a shirt earlier today, so I'm doing the best I can. No apology needed, but we all have our own issues.

Yeah. Yeah. So, um, but yeah, it's again it's part it's part of the process. Thank you. Anything further, Lucia? Well, I would just like to reiterate that I think that the board has the right to know what the proposed use is before we um agree to the preliminary plan. My opinion is it's it's own industrial. They can say we're going to put industrial in. That answers the question. What if it's a concentration camp? You know, I mean it's Oh, that's against

for begin with I mean preliminary plan is allowed under Massachusetts general law. Preliminary subdivision plan which adopted by our city council is allowed by our city ordinances. So we have the preliminary plan which is allowed through the state, it's allowed through the city. They can opt to come in for preliminary or they can come directly to defendive which they have to answer a lot more questions. They decide if they come for preliminary to begin with and all the department heads tell us it meets all the criteria. If we say no, they go to court tomorrow and we lose.

Thank you, Mr. Chair. You're welcome. It's called summary judgement. Correct, counselor. Right.

So, I mean, like I say, it's they tell us it's it's basically um a function of accepting it. If they didn't have the correct plan, then we can shoot it down. If all the department heads say it meets the criteria, especially the engineering department, they come in and says it meets everything. So, you know, like same thing with the zone change. When we've been through this several times before, they come in, they say, "We want it happened out in the boulevard and they want to change the garage out there." They said, "Well, we're going to change this one and make the garage bigger." And then we said, "Well, if we change the zone, they can go and put anything else they want." Oh, no, they can't. Oh, absolutely. Yes, they can. They've come in before us before in the zone change and say, "This is what we're going to put in." Guess what? We changed the zone. That does not go in. They go, "We changed our mind. even though they knew ahead of time what they were going to put in later. So those that kind of things we don't have control of preliminary plan they tell us industrial that answers the question what's going to be defendive we can ask more questions but preliminary as Danny said is our hands are tied it's just did they mark the right plan put the right stamps on it put the right definitions on it mark the streets mark the ways it meets the criteria you know like I say we can ask all we want if they don't want to answer it say it's industrial that's what we're going to They don't have to say exactly what it is. We all have a pretty good idea what we think is going to happen there, but we can't draw that inference. I mean, that has to be done at a separate hearing on the special permit site plan when everything else comes in. So, you like you're very limited what you can do. I mean, a lot of the concerns were raised and 90% of those are raised all go to all go to site plan. Um, you know, and I don't I have no way believing that this violates the moratorum because if not, we would have got a comment from

the law department because I'm pretty sure this was run by the law department. Any of the board members have any further comments? Mr. Chairman, I just going to comment on how it is frustrating because it's more of an administrative process review at this point. So, um this is almost something that could be done at the DPD level. So, uh and matter of fact, smaller subdivision um we had we had authorized uh uh if you recall several years back that DPD to be able to sign off on uh on the smaller subdivision. So,

some of them would qualify like you say an ANR which is under Mass General laws approval not required. So they have the frontage, they have the footage, they get signed off, doesn't come before the plan board, right? So, and again, from the general use, we certainly could ask and they'd say industrial use.

Um, but once you I mean, it's in the zone, they can do what what they want within the zone. Um, obviously we would address if it required a special permit, site plan review. Um, and of course the definitive sub plan, subdivision plan, and we can get into a little bit more uh of some of the uh some of the details of of some of the use, but it still at the end of the day, it really is um limited to meeting the criteria of of um the layout of the lots, the infrastructure of the roadway, um having the proper utility connections, uh and obviously we we've added the landscaping uh into that as well. But then the development of the individual site then we get into more of the again it was compared to the prior applicants which was a special permit which obviously that we get into and we have much more latitude right that the I sorry the city council is sitting here please don't take away the special permits that go to the planning board all right because there's there's review taking place in zoning that gives us something to work with right that gives us something to work with you take away special permits and even site plan review it's somewhat limited what can do.

So that that's and remember why the special permit was created to begin with because the city council was sick and tired of getting all the phone calls complaining because it was sight plan and all they needed was three out of five boats and we had nothing to hang our hats on and then they built all these certain condors in one spot. It was too overdeveloped and then they started the Alma Farwell. They went and changed the special pyramid so we could consider neighborhood character. Correct. Which wasn't there until since then when Jerry and I were on the board they changed it and put in neighborhood character. because the council getting too many phone calls. So now they say call the planning board.

So that's again that's they're kind of laying out why you know where we can actually have a little bit more latitude and where can we really u condition certain developments and a certain way. But this this is outside of the ordinance code. This is a subdivision um subdivision requirements that we have. So subdivision control regulations that we have. So anyways just my comments, Mr. And I and I share the frustration of every single board member here. So I think Dan summed it up pretty well. I That's all we're improving, right, Dan? The damn map, right? Yeah. And I'm sure he's not happy saying that either. No, but I could vote. Yeah. I mean,

yeah. So So what's the request of the board for the preliminary? Yes. I have just one thing to add before you take the vote. Is this is it okay if I speak? She wants She wants to speak. Sure. Go ahead. Yeah.

Um thank you um so much for uh actually explaining what we are doing here and what is supposed to happen. Um, one thing that I want to reiterate is that because there is such lack of trust. Is it possible to get a commitment from the Markley side that no kind of construction, no digging, no um anything that looks like something is happening which makes the neighbors worry that they are like moving to do um what do they say in English? um ask for forgiveness not for permission, right? Like there is that thing, right? Um so we want to make sure that um that is not happening. Um and it is important to uh make sure that Markley is doing everything to reassure the neighbors that they will be good neighbors. So is it possible to get a commitment um uh from them that that will not happen until we do the next one which will be the site plan discussion right we uh is that is is this right am I am I right in

yeah so next up would be the definitive subdivision then site plan if it okay that would be the process if it goes uh is there a specific time limit on it or is that like uh based on when Markley gets everything done and then they submit it to you and you review it and you set a date Right. Like that's is that how you it's up to them once we vote on this. It's up to them when they want to come forward for the definitive. Okay. So now any other criteria um would have to go for the site plan which right now we have an auditorium. So I come couldn't come forward on it. And the question that you're asking for

would have to be something that would have to be adopted by the city council as part of the new rules and regulations under that zoning district. And one of the things that was proposed that this board um was in favor for and recommended to the council was to have a person from the city to make sure that whatever we issue as conditions there's follow through enforcement. Okay.

So there's enforcement by a person from the city is what the neighbors have been asking for. Right? We approve and now some things go up some things don't go up. Some things disappear. M this gentleman can tell you as well. He's been at all our meeting and he knows we've seen it all in himself. So part of that new question that came in and we were in favor of it is somebody who would walk it through all those steps. So you saying you know could you ask them to do this? That would be something if it comes in the new ordinance and we've been told legally because we've had some of these issues in the past if a person's a bad neighbor on one project in the past. We cannot use that as an excuse to shoot him down in the future if he meets all the criteria under the zoning. Yeah.

Even though people say he's not a good builder. So what we do is make sure the building inspector gets involved and then we put as many conditions in as possible to make it harder for them to fall outside the guidelines and have the building inspector keep an eye on. But we can't say to we want you to write this piece of paper and give it to us unless it falls into our zoning code. Yeah. I appreciate it. Thank you. No problem. Yeah, thank you to Mr. Walker over there. Can you please restate where that was because I'm like feverishly trying to look it up and I'm not finding it. So what you have found or where you were looking? Yeah. Subdivision regulations, right? Ah, thanks for getting those to me. You've used that in good form.

Can I ask a question? Sure. Um, what does this approval specifically give Markley the go-ahad to do? And what does it specifically not give them the go-ahad to do? Doesn't give him approval to do anything. Nothing. Okay. Gives them no approval to do anything. Spend more money on engineering. So, this doesn't actually any approval on this gives them no approval for anything. This is kind of an accounting question, but what's to stop Markley from creating all sorts of LLC's and going and buying another property and they start building, right? Nothing. Like, well, what's the oversight? It could be like it's under that umbrella, right? Well, anybody can go buy like across the river. I'm talking about Yeah.

You know what I mean? But anybody can go buy a piece of property that they want, put under anybody's different name. It's all legal. I mean, I understand that, but if you already have in problems with them, but that's not the point of this and you know that they're skirting things, what's to stop them from creating new entities? Nothing, right? Nothing. Nothing. Nothing. Nothing. All it is is review between before but but is this I guess the my question is is the city doing due diligence to like maybe see the connections? I don't know. You have to ask sure that the soil's tested. That's what I'm asking. But so the soil department is the state. Okay. The state the state is involved. So you would see the results from the state. If they have contamination, the state has to get involved.

That will be D. D, Department of Environmental Protection. Okay. Yep. All right. I still think that the the legality of the structure though, but I mean anybody I see them. Yeah. I mean, but if somebody wants to want buy a piece of property and wants to divide it up and it falls into regulations, rules the regulations they're entitled to. Same thing if you own a piece of property big enough and you want to divide it in half and give it to your kids. What I'm saying is like stop them from like doing another satellite across the river. Nothing, right? Long as they meet the As long as they meet the the criteria under all the zoning, nothing. So, right. So, they look zoning is infringing on people's rights. Okay.

We we control what you can do. So you own a piece of property and what we do is say we we'll let you know what you can how you can use it. So people think it's an infringement because it's my property. I should do what I want. Other people argue well zoning put in protection to protect everybody. Right. Right. So so it would have to come what I'm saying is it would have to come before the board obviously. Yeah. So no matter so this preliminary we approved tonight really means nothing. We have to come back for definitive. They don't then they have to go back to the site plan. So this doesn't give them permission to do anything. May I can I just make something clear too? Sure.

There are certain buy developments within the light industry zone where they don't have to come to a to this body for site plan review too. So just it's not a guarantee depending upon what you I mean you can go to the table of uses and there's a bunch of you know if there's a Y that means it's a buy use and if they meet it doesn't cross the threshold of site plan review. it doesn't necessarily mean it's going to come to us. Uh so just to make that very clear. Yeah, that's a good point. I mean it's controlled by the zoning code. That's correct. That is correct. And we all have to follow that damn zone. That's correct. That's correct. Unless they go for variance. Don't get me going on that. Yeah. Yeah.

Um may I add something? I think I think there is also concern about dirt and what else? I mean, but if they're doing landscaping, what else? I mean as we can on our properties if you own one then there there isn't really permit permits to go through unless it's contaminated site then they have to work with the EP and have to follow the Massachusetts contingency plan on on uh contamination uh sites um and they talk about licensed um LSP uh site professional yeah who knows how to deal with those materials and uh waste Um but I mean the only thing they can't do is rechange the units which have to I mean unless it is by right then otherwise I mean building inspector will be like the one that will watch for that but if they're just moving dirt I I I wonder if there is any permit that they will need unless it's a lot of dirt then we're talking about soil removal

contaminated Aren't some of these sites that they bought? But they have to get approved by the state the state for the contamination before they can build anything on. They have to be approved by the state. It's it's out it's outside the jurisdiction of the city. And I think the if is dirt removal, you know, if no one really like where's it stop, you know, like where's the bottom line? You're You're counting on the state, but what if the state's not involved? What if they're doing it again back door like they're moving the dirt? Like there's a big pile down on Andrew Street and it's sitting there. Oh,

if you suspect contamination and they're not following the law. I think there is an enforcement arm of D that will deal with that that you can report to them. Um I'm not familiar with the process, but uh I'm sure they they will have someone responsible for that. But in terms of saw removal, I just want to finish that thought. I think the building inspector will be one who decide whether they are doing like meet the threshold that they need a permit versus they are just doing landscaping.

So that's for the build building department not planning. Okay. So moving along um we need a vote on the preliminary subdivision. I'll make a motion that it meets the criteria for the preliminary subdivision as outlined by the memorandum that we received by planning staff and the department heads in the city of law. I'll second that, Mr. Chairman. I'm going to hold my nose and vote for it.

Okay. Uh we have a motion and a second. All in favor say I. I. Any opposition? Hearing none. So, the preliminary plan has been approved. Thank you everybody. Mr. Chairman, one quick note. Sure. Um, if somebody suspects that there's contamination, um, they should report it to D. Yeah. They can call the city and their city tell them who to call. Yeah. Okay. You can call the building inspector, you can call planning and development, you can call an engineering department. Yep. Okay. I mean, D has already been involved in Mley site. Okay. already been there. Okay. All right. Thank you. Yep. We went through this several hand. Yep.

Okay. Yeah. Okay. Let's see. Moving along. 45. No. No. That's not Oh, can I Oh, you want that? Yeah. I just want to take a picture. I don't want to bring it home.

Okay. Moving along on the agenda. Next matter, we have a preliminary subdivision at 45 Bolt Street. Meadow Bolt LLC has applied the low planning board seeking a preliminary subdivision approval to split the lot at 45 Bolt Street. May we have the applicant, please?

Uh good evening. I'm still here. My name is Tony Mora from Stantech, Civil Engineer. Uh our firm prepared the preliminary subdivision plans for the 45 Bolt Street subdivision. Uh as with the previous application, we're here tonight to present the preliminary uh subdivision application. Uh that particular subdivision is requesting to subdivide the existing parcel at 45 Bolt Street into two lots plus a subdivision roadway, private roadway. Um we are also in receipt of a staff memo um on that parcel as well. Uh that staff memo states that we comply with the subdivision rules and regulations of the city of Lel um and with the city's zoning ordinance. Uh there are some additional comments uh with respect to uh an activity and use limitation on that property that we were just talking about on the previous application. Um just a little bit of background on what an activity and use limitation is for those in the audience. Uh the activity and use limitation is a known area where there was a spill or some sort of contaminated area. Uh there's a restriction placed on that area by D that restricts what that area can be used for in the future. Um, it doesn't mean you can't develop on it at all. It doesn't It just means that you can't build things like that that are sensitive things like a residential property. You can't build a daycare center. You can't build a playground. Uh, you can't build a vegetable garden in this area. However, things that are retail uses, commercial uses, industrial uses, those things are suitable uh to be used in that in that uh activity and use limitation. So, there is a small area of the site that does have an activity and use limitation on this project. uh all work within that area will comply with the regulations uh of the Massachusetts contingency plan as was mentioned in the previous application under the supervision of a licensed site professional. Um any excavation that occurs in that area would have to comply with D standards for soil management and health and safety and so on. Um all that can be described in greater detail when

we get to the definitive stage uh as well. Um similar comments to the previous application regard with regards to uh requesting additional details with regarding to uh landscaping street trees uh site utilities, storm water and water utilities that we will obviously work out the details with uh the various city departments and incorporate those details into the uh definitive subdivision as we mentioned in the previous application. Um and that's essentially the presentation on that as well. It's a similar type of plan. Again, it's a preliminary plan. We will be back before this board again uh to present a definitive plan once we you know presumably if we get approval of the preliminary subdivision plan

and uh at this point I'd like to hand it back to the board for any comments or questions. Okay. Thank you sir. So just correct me by looking over the comments that you're in the light industrial zone right. So you propose a subdivision into two lots and lot one will be 96,364 ft or approximately 2.21 acres and lot two will be 60,1 134 square ft or 1.38 acres. Correct. That's correct.

Okay. Thank you. Okay. Thank you, sir. Anybody here this evening want to speak in favor of this project? In favor in favor favor hearing none. Anybody like to speak in opposition in opposition. Should we play the tape from the first hearing?

Yeah. Good. Thanks. Right. Um so actually I was trying to look um through my phone for all of the various things. I did find actually a couple of images from last year to this year of what I was talking about on New Wall Street. Uh, but I was actually trying to find a uh um a uh the picture I had of them actually injecting something into the ground in the property behind my house where those lovely uh coolant fans were that were keeping us up all night over a weekend that they said only ran for like an hour or two that actually ran longer. They were injecting something into the ground to actually help it because all of those little arbor vites that you guys like to talk about so much were dying. So whatever they injected into the ground was probably to help that because they had to replace all the little ones along the fence. So something is definitely a foot at the main campus. But we're talking about 45 Bolt Street. So moving over to this look at the main campus. Look at how many times complaints have come in from the main campus about their lack of soil mitigation. Just today I got another photo of the soil blowing in the nice heavy winds that we had. Right? because the air temperatures are changing. We are to trust that Markley is going to disturb the land over there where it is written and I watched the lady. The part that they don't get is that I've been walking the neighborhood since co and going down Bolt Street. I encountered the lady who wrote that report that is available on the planet like on the deeds. She was dressed in a Tyveck suit and was in the middle of Bold Street and there's a literally this like surface thing there that you can take off. It almost looks like a I don't know like a lid to something like a lid to a tank. She was standing there in a Tyveck suit and I I was just kind of like you are really sticking out. This place is closed. International Pac graphic packaging had closed. She's standing

there in a Tyveck suit covering what she has because she's concerned about what's contaminated that she's taking out of wherever that lid led to. And there was this nasty grime that was on it, this film that was there. So, all of this is lurking below the surface. Now, why am I here talking about this when I'm like maybe four or five blocks over? Because Markley has a penchant for not doing what they should do when it comes to soil mitigation. And do you happen to know what's across the tracks from this facility? I'm not talking the one where the greener group was dynamiting a little while ago. I'm talking the other direction going towards uh where the MBTA is. Across from those tracks is the Shaughnessy School is the Butler school. They seem to love being around schools and doing things with soil and leaving it just flowing in the air where there's kids. I'm an adult for Christ's sakes and I'm worried about it. But what about the kids who can't speak up for themselves? Do we really trust that this is what they're going to do? That's why I'm staying here tonight and talking about 45 Bolt Street because it is right there. And I saw the lady with my own eyes taking the sample. If she's dressed like that, we do not want to be disturbing that soil. And that is exactly where they're putting their driveway. If you compare the plans and you look at where they are, it's right in that area, which means that that's exactly what they're going to do. They're going to have to tear down the building, which means that that soil is going to be unearthed and floating around. And all I can say, I know you said no history, but I have it. I I live it. I have to clean my car practically every other week in a car wash because their current site doesn't have soil mitigation. This site is that much worse because it's

documented and it was documented recently, right when the old company closed. So, it's not old contamination. This is confirmed recent. All you have to do is look at the registry of deeds and it's on there from April of last year, the report. So that's what I want to say about that. Thank you, sir. Once I get started,

um, so there's I live across, as I said, across the river. I can hear the train. So, um, we're going to hear that everyone in our whole neighborhood over in Stavely whole. We're going to hear it. So, what's what's noise pollution? What's light pollution? There's huge lights right now. They're working over there. They're on all night. You can see them clearly. Look down Stavely, look across the river, you see the lights. So, I just I I'm speaking out because it seems like everyone's turning a blind eye and I just think that they're going to expand and then then what are you going to do? How you going to shut them down from the expansion? And I don't understand why the soil is not dug up and hauled away like every other company usually has to do when you're in a situation with contamination.

So my concern is the same as the people who just came before me. But I want to raise another issue. We keep hearing the D does the D does uh you should be uh aware I don't know if you're aware that there's been uh a project here in law that has actually been polluting and the same D actually protect lower residents from that pollution. So it's out there. It's it's well known. So I I just want to say that as a lower resident I'm not comfortable just hearing the D will protect you when I know that the D does not always protect people. Thank you.

Thank you ma'am. You know about the environmental protection agency.

Now you're talking about we have these agency to protect the citizens but it's not true. you, we know about the VC's and all that stuff. When it comes to painting, automoility, you go behind where the shelter is at, you can smell paint there. And if you can smell that, what makes me think that Marquee would do the same thing? They have been known to cross the line. How long are you guys going to allow them to do that? We have to think about the children. We have to think about the what we smell. We're a perfect I'm a perfect example. Iraq. We smelled, we burnt, we smelled it. We came back home. I got ratches on my skin still from that. Now, Veterans Administration has not complied with that. We're still dealing with that. There's tons of tons of history on that. We all know that. You know that. So, we need to protect the residents in this area because if not, their children will suffer.

Thank you, sir. Let me put on his name. Could you could you just put your name and address for the record there like we've been asking people to do so we got the minutes correctly. Thank you sir. Yeah.

Anybody else?

Yes. Microphone please ma'am. This is just to add this to the record because you asked me a question and I have an answer from Ron. Um so this is regarding what was the waste that comes out of um the data center um and what you need to be looking looking for. So I I would just say that um the brief answer is there's a lot of coolant and um um other chemicals used to keep the uh cooling towers clean. It includes um both um um biocides which is to prevent like bacterial fungal growth but also chemicals as well as as the water goes through the cooling cycles it becomes concentrated. So whatever is in the water that uh is start uh that starts with can also get super concentrated which means that there is going to be metal contamination as well as other um contamination including PAS. So this is what you should be u looking for.

Thank you. Thank you. Just wanted to close the loop on that. Thank you. Anybody else like to speak? Anybody else? Yes.

Um I believe that attorney Bailey said that um we would that that there's site professionals constantly testing the soil um and made that assurance. So, since he's here, I'd want to ask if Markley would be willing to just make that public to help with building trust. You can reply, sir. Thank you. Sure.

Um, what I would suggest that members of the public or the board do is go to DP keeps a list of all reported sites in the Commonwealth. Um, and as I was sitting here, I looked up 45 Bolt Street. Uh, there is a there are probably thousands of pages of documents there. Uh, but you can access them pretty easily. You can even write down that the release tracking number is 300015650. And a slew of documents have been filed over the years. And this was actually before Markley owned the property. It was graphic images. The most recent one was filed last year sometime in 2025. Actually, it was May 16th, 2025. And that was what they call a permanent solution statement, which says the LSP certifies that the site has been remediated in accordance with the requirements of the Massachusetts Contingency Plan. Now D has the right to audit all submittals uh and is not shy about doing so. I've defended many audits uh over the years. So uh it's a you know it's it's a well-known and wellrespected system. Uh there's also an activity and use limitation that is in on the website. Uh you can look it up and it's very specific about as Mr. Morris said about what uses are allowed, what uses are not. It's a pretty typical commercial type of AUL which says no residential, no daycare, no kids, no vegetable gardening. Um, if you start digging around in the contaminated soils, you have to have a soil management plan. It has to be done under the supervision of licensed site professional. Any soils that are transported off site have to be brought to an appropriate disposal facility. So, the information is there uh and I'd encourage people to to look at it. Thank

you. Just to follow up on that. So, usually if something like that would happen, wouldn't somebody from the city be on site too or be notified like the maybe engineer or build inspector, but somebody from the city would be involved? Yeah, the the city gets copied typically the board of health. Uh I know the board of health gets copied on activity and use limitations. Um the city council may as well should know that, but I think I mean like when did the engineering department or someone like that be at least notified of it, be available to be on site? Uh so that's who we got our recommendations from. Yeah. Yeah. I I think it's most likely you'd find information in the board of health files. Okay. Yeah. Because on the this board of health can weigh in on this defendive subdivisions as well. Absolutely.

Discontamination anywhere and they have a right to make the recommendations. I mean I actually it's right under the um regulations at the board of health. Yeah. I mean I I I looked up Bolt Street and there were six or seven reported sites on Bolt Street. Yeah. All of which appear to be have been cleaned up and closed out, but I didn't look at the others that closely. So, you said there was one just in 2025, huh? This one was closed out a year ago.

Yep. That means it may have been I mean I I look at it and the it looks like there was a treatment plant there uh treating the groundwater. Uh just based on the and don't hold me that but just based based on the you know the the agenda uh the table of contents it says remedy operation status that usually means there was a treatment plant there probably treating petroleum in the groundwater if I had to guess. So just because that's usually what they're used for. Okay. Thank you for the information. Appreciate it. Welcome.

Thank you. Can I ask a follow question? When would that have been done? When would that have been done? The oil remediation. I think he said it just happened last year. It was closed out last year. Yeah, I saw that. But I was wondering when the remediation was done because I've been walking through there quite a bit. I don't know since every morning. I don't know unless Mr. That should be on the site. That should be through the history of the job. Yeah, that'll be on the site. Yeah. Yeah. No, that'll be on a on the site. One of the sites. Yeah. Yep. Okay. Thank you.

Okay. I mean, I have a history with a lot of that stuff. I mean, there's the old Sacred Heart School had had underground storage tanks that were a problem. Uh on Watson Street, there's some developments that had to be remediated that I mean, all around there that it's pretty common, unfortunately. Uh, and there is steps to take to remediate. Um, but you have to follow them obviously like a lot of old gas stations that have the tank. Well, we saw I'm intimately I I I know these issues because I've been involved with them. So in the neighborhood we saw with the center. Yeah. No, the tanks half full, half empty. Yeah. They didn't even know where they were. They were doing tests. Yeah. I think it was 18 came before. Yeah. There were tanks under the ground there. Yeah.

Yep. No. So, any ice still freezes? No. So, but I remember when we had to go through all of that, remember? It took us a while. Yeah. Several meetings. Yeah. I'll turn over to board members. Anybody have any questions? Dan, you always have something to say.

Mr. Chairman, um, this is another preliminary plan. Again, this is we're approving a plan, not a permit, not approving anything. It's basically a step before a step. Um um I do hear the people's concerns about contamination. Um everybody has a job to do. Our job is is to follow the zoning um follow the rules for the zoning and how things should be approved or not approved. Uh the DP has their own jurisdiction. We don't have that jurisdiction. We we're not involved in that. Um just like um you know many other activities uh criminal activities, we're not involved in that. There are a lot of kids that are affected by criminal activities. We're not involved in that. Um, so the question that struck home with me and I didn't like and I will address it is how long are we going to allow them to do this? We are not allowing them to do anything. Okay. Not our jurisdiction. All right. D has that jurisdiction. All right. Just like the federal government has ICE. All right. That wonderful institution, you know, with criminal goons running around in face masks. All right. We're not our jurisdiction. All right. So, I take that personally. Um I get aggravated. Um and if people want to do something, call D. What What is It's up to us as a community to be vigilant. All right. Same thing with that federal crap that's going around um the ICE. It's up to us as a community to be vigilant. All right. to hold people accountable. All right? And the prop the appropriate

entities accountable. All right? If you're talking about contamination, you're talking about DP. Hold them accountable. How do you do that? Talk to your local state rep. Talk to your local state senator. Um, uh, monitor. People have phones and they do everything with their damn phones. All right? They take video of everything. All right? Their their food, their their everything. All right? videotape the damn thing. So, I'm not going to sit here and listen to people saying that we're not doing anything because we don't know about it. You're telling us about it. Now, I'm suggesting respectfully that let's get it to the right people that can actually do something about it.

Thank you, Mr. Chairman. You're welcome. Caleb, any questions? Um I I just want one one question and and I I don't know if the applicant may have uh an answer, but um so when the definitive plan comes, uh would that address also the uh demolition of the building? Uh it it'll have some general notes that any demolition uh of the building would obviously require a demolition permit with the building inspector. It would require any existing utilities to be cut and capped and made safe. All that typical stuff that you'd see in a demolition plan.

I see. In order to construct whatever is shown on those plans, that roadway for example, in order for it to be constructed, the building would have obviously have to be demolished. There'd be a separate demolition plan that would get filed with the building department. Um plans that get sent to the utility companies to sever the utilities safely and made safe. So yeah, that's a separate process. Again, not part of the purview of the planning board, but clearly in order for that roadway to be constructed, it would there are other other permits that would be needed to be pulled. I see. And uh would the also would the definitive plan identify where the AUL is? And yeah, it's already on the plans. It identifies the location. So I couldn't see it. Yeah, it's uh

Oh god. Might be that the T is too light.

It's hard to see. It's underneath all this stuff. So it's actually there's a very light figure here, but we can clarify it. It's right here. That would be great. That's the location. Uh I actually have a copy of the actual wall document that's on D's website if you want to see it. But that's that's where it's currently located. Um Okay. And I see a a uh proposed storm water management system there. Right. Correct.

That that's part uh it's a placeholder or more like that. That's kind of the general idea. It's a placeholder if and obviously if there's some sensitivity to the location of that being within the AUL, we could locate it somewhere else. We can certainly do that, make that change for the definitives. It's not it's not a problem. That that basin isn't deep enough to actually uh disqualify the AUL. Again, it the AUL has some descriptions of how deep you can excavate. That basin doesn't go quite that deep. Okay,

that would be in violation of that. But it we could obviously relocate it somewhere else that isn't in the AOL. Um, again, the AUL just means you can't put any sensitive uses, no playgrounds, no residential areas, no, you know, nothing that would be exposing children to that kind of uh uh area. So, uh, a roadway or or any kind of other surface would be adequate.

So, um, if there's a soil um management plan required for for U D, would that be be attached to the definitive subdivision that we get? I don't think it's required to be, but it could be a condition of approval if that was something that you would request at definitives. Yeah, get a condition of approval. Obviously, we know that any work that is done in that area would require that, but you could obviously make it a condition of approval at definitives that it make make it a requirement. I I think I'll hope to also uh give you the notice that we will like to have that uh as part of the application if is available. That's perfectly appropriate. Yeah. Thank you. Uh that's all I have. Thank you, Caleb. Lucia, any questions, comments? No, thank you, Mr. Okay.

Tell any questions comments?

I I I I from from listening to uh what the chairman had uh said, you know, we you know, our role is to approve what they submitted if there's no uh uh opposition or comment from the city. We it's hard for us to, you know, decide it. But I I I also want to uh acknowledge you know your comments your contribute you know your what you see and what how you feel. I think those things we'll keep in mind. I think when the times come we we we definitely you know uh uh we'll you know make our decision based on your concern your you know your input and and see how that's uh you know when you make that I you know I understand but you know rule is is is it's hard you know a lot of time we we uh we you don't like it you know uh uh but at the same time it's a rule and you have to follow that and you have to make that decision and and it's a hard decision to make you know especially for us you know we we definitely your neighbor you know we live in this city we have our children grandchildren and we want to live you know to have them live a safe safe place but at the same time you know there this rule that you know we we have to uphold so I just want to let you know that

thank you Mr. Mr. Mr. came. I'm I'm all set. Thank you. So, we need a vote on a preliminary subdivision for B Street. I'll make a motion to approve the sub preliminary preliminary subdivision plan. I'll second that, Mr. Chairman. Motion's made and second. All in favor say I. I. Chair vote yes. Any opposition? Hearing none, the preliminary plan is allowed. Thank you, everybody. Thank you all. Moving along on um the agenda. Um we have any further follow-up comments for any of the board members from the boards they sit on at this time? No. Any

Mr. Chairman? Just briefly, Jerry gave me um a package and I didn't have the opportunity to get through it. If it if it's okay, how soon do you need me to get through that? If we I what I would like to do as a board if we could agree at the meeting if we could have a discussion on that. Okay. I would appreciate that. Then I can report back to MCO. Mary, can we put that on the agenda for the next time to re to so the to review the um the regional housing plan um and to discuss freaking um possibilities of action plans adopted by the planning board. So to to review the at home and great um housing uh plan.

Okay. and to discuss the strategies discussed within the plan. How's that? Yep. Next meeting. How soon? I mean there's no deadline. I mean it's it's whenever we can you know report I mean love to report is at the last meeting actually the town some of several of the towns reported back they had their discuss the planning boards had their discussions um and I told them you know again we had a lot of members missing the first night. Um so you think next meeting we got to do it? I really would like to but I mean obviously I think that' be a running agenda I tell them until

and then the chairman will be here right because you won't be here for the next meeting. So I I would love to do it with the chairman here as well. So, um, yeah. Jeez, I'm sharing the m the meeting after that, Tan. So, yeah, I'm just looking at the calendar. So, we're talking What's that? The next meeting will be It will be uh No, May. May 4th. May 4th. May 4th. Yeah, May 4th. May we go May 4th and May 18th? Yeah. Okay. Yeah, I can look at you're going to be on the 18th, correct? Yeah. On the 18th agenda. Is that No, on the fourth. On the fourth agenda. Yes. Right. Right. Right. still skiing on the 18th. Ah, no, I'll be on vacation.

All right. Yeah, it's a Okay. So, um, any further comments from the board members? No, we can entertain a motion to adjurnn. Motion to adjurnn. Second. Second. All in favor say I. I. Okay, we are adjourned. Um, good night and thank you very much everybody.

So, Deian. Okay. So, on the May 4th.