10 12 23 Planning Board

I'm going to read the open meeting law uh provisor pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit the meeting through any media attendees are therefore advised that such recordings or Transmissions are being made whether perceived or unperceived by those present and are deemed acknowledged and permissible the

city Charter section 9-18 mandates that all multiple member bodies develop and adopt rules or policy for public comment we have adopted such a policy which in short provides for citizen input on the planning board uh for citizen input on planning board specific matters at the end of the meeting there's a signup sheet that is located at the back of the room if any of you are interested in signing up to

speak again welcome my name is Gloria picho I'm the chair of the Fall planning board present this evening are uh members uh oh let me do a roll call call uh John ferera chair is out um acting as as chair being Vice chair um roll call Mario Lolo here Beth andreid here Michael farias here also present with us this evening are Dan agar and Nina cougar and Chris okay um so let's go on to Old

business pursuing to the agenda item number 01 shorty reduction on Fieldstone Lane Brookfield Terrace and Stony Brook Circle we've received correspondence of this Dan do you have some input I do if you remember at the last meeting we had a discussion about we were waiting for some finalized updated as builts which we had received we've reviewed those as builts um done multiple side inspections

spoke with the consulting firm that had done all the construction inspections and I presented you tonight with what I recommend as a reduction in the shity that had been posted for this project back when it had started on behalf of Bristol Pacific Homes so in your package you have a cover letter um that I completed you have a cop copy of the um initial cost estimate spreadsheet you

have a copy of the irrevocable letter of credit from Bank five in the amount of 1 uh 2 million plus or minus and then you also have the request of the applicant for what he his reduction uh number was so the initial reduction request uh was for us to retain a total of

$171,700 that we uh retain a total of $226,300 that would um that would allow a reduction in the amount of $995,000 120 so what normally happens here is you will you will make a vote one way or the other we will then send a letter out uh to the applicant and his bank will then provide us a new um letter of shity for this new amount you see on the letter

that I've given you today it shows the number or the percentage of retainage for each of the individual items that that still needed to be completed we we all have that in our packet yeah subdivision is very well done any comments the board no I know this was tabled last go around um and I think you've addressed everything that we talked about anyone here regarding this item no I have a motion I make a

motion to support it I second all favor I hi okay new business item number one form a applicant application for endorsement of plan believed not to require approval it's an anr plan of land file number 23-1 1561 the owner applicant is Taco Incorporated the property location is 583 Bedford Street and 580 Pleasant Street and 584 d594 Pleasant Street cessor map M1 12-12- 0034 and lots 0035 and lot 004

Z so so what you have before you is although it is you know called a form a endorsement for a plan not to believe uh to be required this is not a subdivision of lots this is a merger of lots so the zoning board of appeals had granted permission for the applicant to construct an addition his real estate is comprised of multiple Parcels the construction of the building would now straddle

two existing lot lines so you can't have that that that would create a non-conforming condition for zoning because you would be across one of your property lines so what this is doing is eliminating the interior lot lines so that the building can be constructed so the plan before you meets all the requirements for endorsement of an anr and it's technically merging multiple Parcels into

one that's all think comments from the board it's pretty straightforward there a motion I motion to accept it there a second all in favor of uh it number one yes I hi uh business item number two form a application for endorsement of plan believed not to require approval file number 23-1 1562 owner applicant 77-73 weo LLC property location 77-73 wio Street assessor map s- 08-00 22 so before you with this one is we

have a singular parcel of land that contained two residential structures they had gone through the zoning board of appeals process and were granted the appropriate um relief to allow the subdivision to to happen um the plan that they've submitted meets the requirements for endorsement they have shown an access easement uh which was required as part of the um the zoning board approval So the plan before you

meets the requirements for endorsement any comments from the board anyone here favor or opposition to this any motions I make a motion to approve Mari makes a motion a second be makes a second all in favor I okay item number three Street acceptance of Gate House drive there is a request acceptance um there is a request sent To Us by the city council for us to accept Gate House Drive

extending from Maple Street to Prospect Street and this is ref test by the city council on September 12th 2023 and we all got have that in our packet Dan any yeah so yep you have a a cover letter from from me um with some narrative information which I'll provide and then you also have one uh we've reached out to the Department of Community utilities whenever we have a roadway acceptance or

a roadway discontinuance we reach out to that office for any concerns that they have with regards to any utilities that are in the streets or any improvements that may need to take place um on the gate House Drive issue they basically just provided you A Narrative of what the water main sewer line um and storm drainage is that that's in the street and they have no issue with um with the

acceptance with the condition that when we send this with you vote positively positive recommendation to the city council that we provide them a monetary number of what the improvements are that need to take place in these streets we've we've discussed this in the past when somebody comes and asks for roadway acceptance of a street it's normally because they've called and asked for the

street to be repaved or potholes to be fixed we don't have the legal ability to spend chapter 90 funds which is what the state gives us on streets that are not an accepted City street so this is the process by which the city can now go in and make improvements to this street Gate House Drive for instance um you'll see in the in the cover letter that I gave you um it is currently an

unaccepted subdivision road so the subdivision was done in 1990 the construction was complete however there are steps beyond that we all know now the process of like we just did with Highland Farms phase one it has to go through the acceptance process for it to become a public way until then they're private ways so that next step never took place for the acceptance part of it the roadway was constructed completely

uh this road is 580 ft long the right of way which are the limits of the legal right of the way is 20 ft and that was allowed that was granted a waiver through the planning board process the paved way is between 16 and 18 ft the gas company just recently went through and you'll see what what liberity utilities does is they'll go in and they'll put in a new gas main on a

street they'll put a temporary patch in that's two two feet wide the following year after settlement they come back and do a standard 9t Mill in overlay of that entire patch area we we require that level of restoration at the time that they were doing that Tommy Chase who lives on the street came and asked me about can we do the remaining six feet that that we have beyond that nine and I had to

regretfully tell him I can't spend the city's money on a street that we don't it has not been accepted so that's what brought on this process so on this street there's about a six foot you know six to seven foot strip that needs pavement needs a little bit of grading there's some depression in some of the areas the part of the gas company just did is fantastic so this brings us or

puts us in a place where we can provide access to the abuts at the city's cost um then we we deal with you know I don't know did you guys get trash collection already so on all of these private ways the city's always been very good about plowing picking up trash whether that where they shouldn't be just like the post the post office won't right the post office makes you go out to you can

come on up um the post office will make them utilize the the general box out on the street because they don't have a heart that's the post office and that's fine so that's not the reason that's not what reason why the post office gave me I spoke with the post office they said that's a new method of delivering mail it's quicker for a mail person to go to one box instead of come down the street

if we have packages they come down the street Del over the back house you want to St your name and address for sure my name is Thomas Chase I live at 25 Gate House drive here in for River I I'll give you I'll give you the whole backdrop we don't need the whole backdrop I was one of the individuals that no quick back in 19 1992 I built my house there at the time the

contractor decided to leave before he paved the street took off so I went to the city council back then we had the dra drain layers burn we moved from the contractor so we had to come back to finish the street so since 1992 and then when we when I built my home if you look at the two was involved they told us nothing to worry about the city will accept the street will take care of it

so that's why we never bothered and it's like a private way so nobody ever bothers us I but at the beginning when we first moved there we had to have take all our trash to Maple or Prospect I talked to the late Mr Ryan Costa he was kind enough to send the trash truck down and see if they could do it so they they decided to do it now when the winter

comes I have an agreement with all my neighbors to remove your vehicles from the street even if it's on the opposite side of the fire hydrant to remove it and so the city plows can come down so that's what's done there on the corner there's a PRI uh a residence there a carriage house it's not part of I have Mr dbro the owner of this here I have an agreement with him that his residents

don't park on Gat house drive because there's not it's it's tight for a fire a fire apparatus to get in there to a fire hydrant which are on the east side now I understand if it's accepted Mr D wants to make a driveway there and it's very tight with my neighbor trying to come out of his driveway at night so that's where we stand I want to get the street seed because there six feet that is

cracked unpaved looks like yeah and we tried to get the gas company to do the whole thing but of course they not going to they did but they did come across the street to do half of it cuz there's five houses on the side they had to come so it's like unpaved a strip of pavement then it's unpaved again then they go down over the way more pavement so it's like Patchwork on one side so my

recommendation to you is that we recommend to the council that the city accept the street but with the caveat and the understanding that for the current work that needs to be completed it's approximately $887,000 so just just so that the council is aware because I've explained to the council in the past it's all well and good to accept all of these streets but none of these streets or 90% of them

need substantial work and this is just a method by which the land owners can get the work done so the city council always wants to be fantastic people and you know give us give us your week give us your poor you know just like the the United States way um and then I get the calls in my office of okay now we need to go fix this street well there are 200

streets that are on the list that need to be fixed that have been on there for the last 10 years this one is not going to Lea frog through the rest so I just want them to to understand what the financial responsibility is that the city is taking on should we accept it 100% however we we need to look at the ways of getting a street like this where it's very minor work that we should

really hop on it while the other payment is still fresh as well and just finish off the Strip This one is small small enough that we can probably get to it um the next one's the Street's 4,500 ft long so we have to look at that one a little bit differently but my recommendation is that we do accept this and just let the council know what the actual cost is to to do the final that

via memo very well but I believe you told this before but just to reiterate your office does prioritize when the requests come for the street which streets get worked on correct based on the budget so you have here cost estimate of 87,000 yep we still need to prioritize that among all right where where it fits in the list right it may be 3 years from now it may be spring so

when we get to the end of it if we find some areas that we can clean up for small money then we do that we we throw those in as well the other thing that I think we have to just take into consideration once we own it we have to maintain it of the not only maintain it but also we have to do snow provide serves provide all those services so

again I think it's just important that the city council knows that I understand they want to bless everything and yep be the good person and it's a it's a it is a project that should be done but the reality of it is does cost money and it is residual income M yeah I told you about the manhole cover that's at the End of the Street yes it's still it's a catch Basin but what happened is swapped

out the cover they swaped up the cover now it's covered and the water just goes right out because during the blizzard they sent a front end loader down and it broke it yeah and 87,000 you want me to write the check you want to write it you I didn't win the lottery Mario well Mario yeah Mario all right I'll put Good Wood on it okay board members any other questions that's the

only thing I and the only thing TR uh with the so what I explained to the chase was once this becomes a city street it now falls under the governance of the traffic department and they will decide if parking should be allowed on either side of the street one side of the street not during a storm during a storm ticketing all that comes into play now that comes along with I

understand becoming right but I I want everybody else to understand that that comes along with it there's not many other car everybody has grown up just about now I drove down again today and one whole side of the street was almost completely covered in in vehicles and that was in the middle of the day so people do park on the street yes but that's that's not for this board to decide that's up for the traffic depart

and police Poli Department did did the uh emergency response have any issues associated with from what Tommy told me you don't think in the past there's ever been an issue with ambulance fire ambulances have been down they never had a problem probably don't need them often right there never been a problem there's been ambulances down here but there's never been a problem uh my neighbor

accidentally had a dry a fire one time and the fire department doesn't come in through Prospect because that's another traffic issue on the other Street they Park Gate House goes north south that parking right as soon as you come out yeah they so they come up um to Maple Street which is easier to turn the corner they the is a through Street yeah is it a oneway or two-way now it's cuz traffic made decide

they want it to be a oneway well what happened is which actually probably should be the case until June Street became uh two-way it used to go north to south everybody would drop their child off at the West Hall school and then all of a sudden let's go up Gate House the wrong way I mean I almost got wipe that one going to work sure car going the wrong way you're not expecting and here

come see me so you know there is it's a private way but now it's going to be a public way but and like Dan said trafficking decide if it becomes the way well back then we were told it was going to become so oh okay you know yeah but politics plays the game well some people like having a private way no one else can park there so it's we have Sid

that's the only thing we have right now and I guess the gentleman who's here wants to put a driveway in on the gate house drive but right now he can't because it's he's not part of the right because he technically doesn't have rights to the private way and we're going to get a lesson about private ways in a little a while on some other on some other petitions but exactly once it

becomes a public way then he has rights to it but he has rights to it but how about a driveway he's got one on his he's got to apply for a curb cut opening and that goes before the traffic commission and the city council you're only allowed 16 ft total total doesn't matter if you have four streets 16 ft total for the property without city council approval so there is a process

to go through to do that now he has an egress so that he can petition for it if this become if this becomes a public way right but if I if if we put a if they have to put a traffic sign say like no parking here a corner y then it's cuz right now and I have he's here I get along very well with him he has a camper on his property let's worry about that

when we get there but let's get the street accepted so I I do see the all the names here on the were was anybody opposed to this no they all want to get it done finally I mean a lot of the people that were here when I built were I have sold and moved a lot of new people but a lot of people I've been here 2 years people across the street

have been there 30 my neighbors have been there before me we're all forward we just want to get it done because when they were doing the street yeah it would have been nice to be able and it would so we've done streets like that when the gas company's going in and that there's a small amount to do we have money set aside for these small projects to do the whole street curb to curb this would

have been the perfect one to do everybody was like you know why I still it's because it's not accepted and that's when I came see Dan and we decided I got the paperwork for and I went door to door so we saw all the names on petition thank you Mr Chase thank you good to see anyone else here in favor or in oppos to item agenda item number three the gate House

Drive sir you mind coming up please I don't really have much to add than your name your name and address for the record street but my house on gate off Drive okay what's your comment sir I'm I'm sorry what was what was the exact address 32 8 Maple Street 328 Maple okay um I'm all for it U I have not planned on uh investigating even putting in a driveway until he mentioned it maybe I

will but that's for a later dat yeah so right now you're in support of us accepting Gate House drive as a public way AB thank you very much sir have a great good evening thank you anyone else in favor or oppos to Gate House Drive members of the board any other questions motions comments I haven't satisfied with the explanation want to make a motion Mario make a motion y I'll second it okay Beth made the

motion Mario second all in favor yes I I okay and again so that everybody understands this is only a recommendation to the city council this does not make it a public way the Street's not accepted only the city council can can follow through with that acceptance part they ask for recommendations from other departments so that that's the only vote that this board can take enjoy the game you got you going to head to

Boston okay next item agenda item number four uh Street acceptance of Mohawk Drive request to accept Mohawk Drive extending from Indian toown Road to Mohawk Drive for address by the city council on September 12th 2023 three um Dan do you want to give us a little primer yeah if I can um back history very similar to the last one it seemed like in these the late 80s and early 90s

the follow through on on all of these subdivision roadways um wasn't necessarily completed so this was an actual definitive subdivision again through the planning board all the permitting process the roadway gets constructed subdivision plan was in 1987 however when the roadway was done the acceptance process again was this process that you see happening now never took place so this road again much

longer 4,500 ft it's off of Indian Town Road up you know into the reservation area beautiful subdivision it's a U-shaped subdivision that comes back out on itself the right of way is 50 ft wide Pavements approximately 24 ft in the year and change that I've been here we've probably gotten at least half a dozen to 10 calls that's just me never mind City councils that get calls or Paul ferland's office there is an area

in front of the detention Pond where there are a couple of catch basins that over time because it is the lowest area the pavement has become extremely uneven and the roadway has failed we have catch Basin that can't collect water because pavement is heaved around them so there is a stretch of about 100 to 200 ft that immediately needs to be corrected so we have in there approximate cost of those repairs is about

$100,000 to repave the entire Road which the rest of the road is in let's call it fair to good condition in comparison to many of the other streets in the city I mean you can I have a fairly low riding Audi that I can drive through there and not create a problem except for this one area around these catch Basin so when the time comes in 5 to S years when the

whole Road needs to be done it's a 4,500 foot long road that's about 1.5 million today probably going to be closer to 2 million at the time that we get to do it and again it's not that um that it shouldn't get done I just want to make sure that everyone is aware of the numbers and responsibilities that they're taking on and that'll be the same situation where uh constant maintenance do they have trash removal

right there I think you guys get everything complete ser and they even plow right and they've even gone out over the past number of years from what I could find and they make temporary pavement patches correct wow the water department the water department does Department cuz actually I went out again today and I saw that there were some recent improvements that was my okay no that's fine you should call and and but

that's what this process does I fell on the drain at the end of the street right also I saw around that catch Bas they did put some pavement on because I fell yeah I opened up the can of worms and I apologize for you know for opening up the can of worms but I'm very upset yeah finding out that I moved into that I'm the first house yep pH leasing when they

did the subdivision for marelli y it was off 20 ft wow I had to pay n to come in and redo it really so the mocker starts at my property okay and then the whole the so so even when this so this subdivision yeah um and it's just quickly when it originally started and some of them do this way it started off with a homeowners association that had ownership of the roadway system and the

detention Pond there's one vacant lot that you see to the to the north where you see the the little blue circle that encompasses the lot that parcel has been taken for tax title purposes so the association basically became defunct they didn't pay the taxes and they just let it go so the city had no you know no option other than for that parcel to take it and so from what I'm told from

the water department they have made emergency repairs to to the pond and actually a number of years ago I think put in a new outlet pipe for the pond as well conservation got invol okay so this will again it will allow the city to go in and spend the the only monies that we get to to fix roads are from the state for chapter 90 except for Opa we now

we've got a few extra dollars to do something this year um is the is a a particular parcel of Road in the yellow and is that the only one that they're looking to accept or I mean it was my understanding that that it's the whole Loop okay I just didn't know why they was highlighted just in yellow you know why that's that was my understanding from The Way It Was Written from City Council

how did they read it I know the description was was poorly written yeah the only reason I said I think it's because it looped yeah well I'm just saying that like it should all be included you would think I agree but I wasn't sure if the yellow was just the 4,500 I did I did the description so read it what does it say up the top of my head oh you don't

have it there okay it's on the agenda but it says from which to which let's see Mohawk Drive request acceptance of Mohawk Drive oh because it says extending from Indian toown Road to Mohawk Drive so there's no other Mohawk Drive so it would be Indian toown Road back to Indian Town Road so that's fine but when we send it to the council because there's another one on one of the next streets and trust me we don't

expect lay people when they fill out these forms this is such an Antiquated system for roadway acceptances um and just so that you know the petitions that get submitted here are only required to be of 12 voters they don't even we need to be people on the street so we only hear from people on the street at this point of of the process usually unless they've all been involved in signing the

petition as well so it would be for the entire strip and the one section Mike if you look in the bottom right hand corner you see the blue that's the detention P parcel so you know on those where those catch basins are probably 100t either direction those would be repairs that need to be done immediately but the rest of the road would be further down the road yeah they just should know that

they're talking about the entire Loop not just the yell there is a portion of Mohawk Drive that is accepted that is accepted already already accepted I'm not sure exactly where that like extends cuz I I went and I talked to Patty about it all right so we should know those things before we come here but we'll we'll resolve that because you're asking have 1.5 million that's for 4500 yeah so

maybe just half of that theoretically but we don't know yeah but we can correct our paperwork based upon we'll put it this way for the other half we're already on the hook for whatever that is we can modify those numbers if there is a portion of so let's say the the remainder of Mohawk Drive that has not been already accepted that could be the recommendation and you in your memo you

had estimated 5 to seven year completion for this Mohawk that we wouldn't get to it for 5 to seven years for the whole street right yes because it's 4,500 U feet that you had estimated yeah that that's something that takes long-term planning we we only do streets that are that long like one a year we only get 1.9 million a year from the state all right so it's very difficult to take on

a large project we usually do one large project like you saw a good stretch of staff at Road get done not much else get done that year so it it's difficult to make those dollars stretch okay anyone here in favor or an oppos to item number four sir you want to come in give your name and address for Nina for the record actually I got I got a few questions

probably not but it's for maybe you can the right direction your name and address Pera 403 Mohawk Drive hi Carlos how I am so I just learned after 19 years that this wasn't an accepted Road right y so my question is since we've been paying that Water fee and this is our road our retention Pond well no the it's the city's detention Pond now because they took it the city owns that

land all right so since this is our road you been paying for all this yep why have we been paying for it because your storm water discharges to the city's detention pond that's why I've seen him twice in 19 years you can call Paul F Paul ferland at the Department of Community utilities is responsible for the maintenance of that pond and is responsible for the administration of the storm water runoff

fee okay so and there is an appeal process that you can go through but it's through that department not this one and who's in charge of the vegetation work on Indiantown Road some as far as as far as all the vegetation clearing the right that would be the Department of Community maintenance okay that's another call I have to make I've called four times no no phone call back so I

just want to be pointed in the right direction we call we call oh we'll call you back call yep no that's who it would be well that's why it's important to understand like once you accept that road you accept all the responsibility of the maintenance Associated not just the snow removal but you know the vegetation the cut back of the vegetation and such time well it's all lawn out here so on this street won't be

so bad but and and we don't actually so sidewalk maintenance there's no sidewalk well no no I'm just saying in general on streets cutting of grass shoveling of snow that is all the responsibility of the homeowner for their Frontage and I'm the one who cuts the grass in front of the retention Pond anyways yeah I've been doing it for I seen them twice my whole life that's that's a prime example

of when you have somebody come in and do a subdivision and they don't execute I Know Dan does a good job of making sure they're held accountable to get it finished what they're supposed to do and then when it's transferred over to the city then you take on the responsibility of the maintenance and future potholes and whatever whatnot so yeah even though quick even though melli did that

subdivision somebody had to sign off on that cor from the city yes so it wasn't here in 87 I going back somebody must have signed on us yep on that street yeah and there's stumps on the street that they plowed over M they just asphalt over stumps yeah right so it was a private a private Street initially yeah and right now you're petitioning that it becomes a public way yeah but like we said in the

first item agenda from last month that um he reviewed the assurity we're holding back for another sub uh development because we want to make sure we have adequate funding in case the in something goes defunct and we now are responsible for fixing the road that was the first item that was the first item that we we hold money back until we're assured that everything is constructed

completely I can't say how well that was done in 1987 I graduated from high school in ' 87 thank you Mr P which which makes me old enough anyone else question we got a g your name and address for the record sir my name is Miko I'm from 305 drive and just really quick that 4500 foot is pretty accurate okay because it's about 910 of a mile Loop you walk it

and so the 4500 is actually not just the yellow but the entire entire okay well then that's an accurate accurate number that the city council will look at at the end of the day okay thank any other comments how's it going good okay thank you sir have a good evening good evening sir 752 Mohawk Drive the thing the reason why I'm coming here tonight is the word uh extension extending Mohawk that was the

one that kind of threw us off they said guys something on there more we have an empty lot there that we fought years ago okay so I I think behind are you going to just kind of wi that out or what do well no we're we're going to figure out because I think what Nina is saying is that there is a portion of Mohawk that's already accepted and that now they're extending the acceptance to include the

remainder and the idea why was why they only accepted a portion of it cuz at that maybe there was only a p of it that was constructed they could have done it in phases where they came in and they did the first you know 2,000 ft requested that that get accepted and then went on to the second half okay believe it or not and I'll I'll I'll let you know the record keeping and what

we're able to find in this building isn't always the greatest so so we piece together you know what we can but what we're going to send to the council is that whatever portion of Mohawk whether it's 4500 feet or 5 feet mhm now becomes accepted okay so so the entire Loop will be accepted okay that's that was my question I know my neighbor was going to ask me and he did he did before said

well how can it be just half because they could it's oneop you can you can you could you could petition tonight to ask us to accept 50 feet in the middle of this whole thing and that's what they have to act on okay doesn't make sense but theoretically you could so typically typically a develop come in to do a phased in based on purchase and sales of pad sites so they might only go in 100

feet and once those are sold they'll do another 100 feet and continue all the way around and then when you get towards the end they'll just build the rest of the road but you haven't yeah you haven't but you haven't accepted that as the city so but yeah I think just we'll clean up the language before the city council votes we'll make sure this one lot there we a few years ago we we uh we

fought kind of there's other land behind yeah it's somewhat landlocked and okay we kind of afraid you know what's going to happen well I when I look today the two vacant Lots they're they're owned by specific entities because I wanted to see which ones the city owned and the only one that I can find that the city owned was the detention Pond one I think the one in the middle is owned by the

abutter on the next door to it I think and then and then or is that the one in the corner that they're owned by the same okay the middle those are separate he's TI getting calls if he wants to sell and he doesn't want to sell and one on the bottom right is house he owns both he owns one on the bottom right okay I got you interesting okay that was

the problem we had with the word ex extending we thought they going to extend going through that no no we we just extending the acceptance of the existing road yeah be any other implications with that acceptance I mean we get we get snow removal we get the trash yep but you want it paved so that's where we is the process to get there so we're working on that so I mean

if anybody were ever to try and do something through those other lots that that's an entirely different process that you'd be notified as as well so that we're not nobody's nobody's ever approached me about it okay great all right thank you thank you Mr name again um Frank farz f e r r a z anyone else in favor oppose to step Mohawk Drive I just guess what that first lot that's

fine name and address Mar and I'm at 625 Indian Town Road and I am that corner lot with the house kitty corner to it m the mockers is on my property which I had to pay for conservation had gotten involved in this and like you said then you need you're going to go into the file and pull out all this paperwork to then present to the council to get this accept yep all

I'm asking as the person who's been there for 34 years is that it gets accepted but gets accepted correctly once and done yep we've had enough I've had enough because on that corner lot when you turn into Indian Town Road there is four drains you know the ones with the slots y there's also the other drain that you have to pull the cap off of it to go into those are the initial drains that

were put in to go to that retention fund on the other side of the street the piping's all there it goes underneath between those lots because the only the first seven Lots on Indian toown Road ever got approved in ' 89 okay after the 89 that's when they put the road in there was no houses there yet they had subdivided the lots that came out in the paper there was a big conservation gun

involved there is a I have all the paperwork so if I went in my file I could actually if I had known I would have brought the file okay goes back to 89 so it's ating to me to find out from Mr rmo that the vote doesn't exist oh it does exist it's private wait a minute I live on a private road myself I live on a private road I'm just

saying $7,000 and wait a minute it doesn't exist what am I paying it does exist private it's a private road see the point is see private the average folks in here we build a lot that size how can it be private it doesn't even make sense my road is private too we pay for our own Su for that's what the law is so sham on shame on and you're realtor when you we not

relaying the information to you but but technically your address is Indian toown Road but back in ' 89 this was I had the newspaper clipping when this came out this were for for the conservation we went through hell to get it approved I got approved because I was grandfather because I'm on Indian Indian to Road exactly you know but the point remains is getting those drains from

where I'm told f 50 every 3 months which the city council approved real quick I have the date that they approved that when we went to the city council meeting to clean out the drinks nobody nobody goes there to clean them out so your retention PS that the city he just took over him that's I think it was a little while is a mess because it when all the stuff runs down the road into those

drains it goes underneath that underneath those that road into those Retention Ponds Y and my other concern is we're next to the drinking water that's City doesn't care well so the person that in charge of cleaning that detention Pond is is also in charge of protecting the water supply because right across the street on Indian Road where I live corner you have the gate there nobody can go in the woods there it's it's

res my backyard is reservation it's wait a minute so all this time it's like to me I'm a little bit upset because it's neglect on the city's part that that world was never accepted and hasn't been updated it's not the city it's up for someone toti but my point is this is done when when whether it's you Dan or whoever does that I called your department they were amazing they had

left over they had leftover asphalt the day that I was out there and I figured out where the water was coming from a lot of people have illegal piping drainage coming out of the house onto the road Y and it was going into my property cuz I'm at the bottom so what happened is the stone wall that I have there is sinking into the ground cuz the water loops and then just lands in front

of my property mhm so because the road has not been kept up and the drain was fixed I think I forget who the apartment went out there to fix it for me because it was it was huge it was a mess I fell I got hurt I couldn't take it anymore I said something has to be done but those four drains are right off my property okay now when you have people all septic

tanks all septic tank system over there there's no sewage okay I'm the only one with Title 5 because back in ' 89 it was mandatory you have a title five so I have five tanks on my property was crazy but I do but when those drains fill up you canell so now my concern is is it underground water is it going to get into my drinking water we have low Waters we

have low tanks so I want the stre to be accepted but my other concern is when that happens is the water department then going to take care of you know get involved with our wells our septic tank system is another issue so Howes work do we just let that's privately you you are responsible for your own well and your own system those ponds are not kept up if the drainage is not done correctly it

can have a possible contamination right on and which can also include for River drinking water we're so close to it we're not that far from it right but this is so this is rain water that we're talking about right but rain water can turn into you know we look at the rain we've had this year I understand but rain water was clean all right but those that rain water when it's coming down

that street yep took all the CU those properties don't have sidewalks right guess with all the mud and the dirt and it's all in the dra yep and it's and it's supposed to be clean for the purposes of allowing water to continue to flow yeah but my point is these people are paying I'm on Indi toown road so I guess because I'm on Indi toown road I don't get the bill but

you know they get a bill so my concern is I have four drains out there I'm the one that cleans them out every time it rains I'm out there with Portuguese I'm up there with the Broom cleaning out the drains because I don't want no more junk to get in it because I don't want it to hurt my neighbor and and that's very nice of you that's appreciate I'm up there shoveling the snow off the drain

so yeah they shovel they come and they plow but they don't clean those drains so the school buses is with the kids in it it turns into a sheet of ice you don't know how many times the school bus has gone into that y the woods in front so know this is Indian Town Road or this is on the subdivision Ro I know where you live but when you're saying where it

I up in Indian town or on the new street at the bottom of Mohawk Drive because of the situation Mohawk Drive comes flying that water comes flying down to Indian Town Road which is a city road am I correct you are correct and and that's where I'm asking you I'm on Indi toown road that road has not been so so then you have so so you have asking for the repair of Indian toown Road is something

completely different because it no way because your people when I called told me because it's at the end of Mohawk they can't touch it not true so the whole bottom of this road when you go into you went there today right when you go in Indian Town Road you go over the loop the end of the Mohawk drives on both sides y have you seen the patches that it put yeah yeah that's what I just

said I saw some of the patches that theyve done I've never seen anything like it usually they used to cut a little thing You Mend it correctly and but they're back there so you're talking about money and what's costing the city the money what what we need to fix this road yep but every time your department goes out there it's not my department I don't I don't I don't patch roads we we

completely re resurface they go out there and they thr out one of those holes and it's done incorrectly it's bad money it's it's aband of course it's aband Susa you did recognize um the memo that Dan put together we have lots of streets that need to repair in the city of so you're you're not necessarily going to be fixed next week maybe a few years five to six seven years wasting

taxpayers money yes we understand that done the wrong way and it's been going on for 34 years yep and when I do ask they actually I had to ask them what this was they told me it was a BM which I know what that word yeah well no it it it's on the edge of the payment and I saw they put some behind your C they left over asphalt which they you know

you goes back and they just dump it because you can't reheat it I asked the gentlemen when they came out the boys that came out if they could increase that burm so that when the water came flying down Mohawk Drive it wouldn't go into my prop so that's that's the Department of Community maintenance who I who I referred to before yes not the engineering department not the planning department so those types of repairs

those are done by city employees through that department when when when we when I say it's 1.5 million to go back out and redo this whole street the city does not do that work we contract with private contractors to do to the city does not do those those big those big repairs they're not capable of doing it you told told us earlier that Paul ferland is Paul ferland the drain and the sewer

that's in utilities u y so anything with regards to cleaning out a catch Basin a pipe any of those things those are utilities repairing and patching of existing roads would be the Department of Community maintenance DCM the exactly the the construction of New Roads or reconstruction that falls under the engineering back in the old days it wasn't done that way no it wasn't there's been an entire reorganization

there there there were so many different crisscrosses and nobody responsible on my street I understand I understand completely we don't know that it's not we don't know that it's an outside contractor no you know it's very confused I know so we here we are here to provide answers it's the frun of it but again knowledge is power but if people don't know then we can't fix it there's lack of a communication and now

you just my my worse nightmare you're telling me this is to go back to city council so we have to vote on it if we approve it it'll go back to city council counc y yes once you set it all up and then see council is going to have to approve this that's correct and they probably will approve all all we're doing is giving a recommendation if we say no then the council might might if

we have a lot of citizens opposed to it and we hear that their arguments are valid we could theoretically vote no but at this point I mean most of the people couldn't be here so we saw the petitions we saw so so you're in favor of it you very very much fixed if anybody wants to talk about process and any anything other than the specific except come see me in

my office and as you stated my staff will will provide any answers and I will are you in this building even half of the people are not in this building I'm in that building we're all in this building you all in this building Flor no fifth floor fifth floor any other citizens in favor post this anyone else want to come up than yes sir is it in favor or opposition of the acceptance if it has

nothing to do with acceptance come see me and we'll talk about it thank you all right um Dan before we if we vote positively on this could we uh when we send it to the city council resarch because it does say extension I'm wondering if half of the road was accepted way back when the developer dropped the ball at some point and it may have been yeah so we'll get that

clarified right it could yeah so it's whatever yeah we will we'll do the next round of research I'm sure table until we have more research because you had an estimated 1.5 million in the next it's be five seven years to get to this project except for the UR you can just tell me to I can I can change my estimate based upon what that length of of Road board members any comments

concerns I mean it's foolish to come back for another month when we can just resolve it going forward and clearing up paperwork I mean you're the one you're the one who's going to have to figure out how to pay for this or where you get it and how it goes into the slot yeah so that number isn't isn't something that you are they're not asking you for a number we're just providing them

additional information which I can change that number based upon the linear footage of road that they will now be accepting and you you'll check that with all the sure the only thing that I would make sure that you would check is and I know this is way back when you're never going to recoup that money but the reality it's never going to happen yeah they're all probably done reissues but

um just to make sure that this doesn't happen in the future that if a private entity comes in and they promise to build that you're keeping them accountable right now I mean again this was I'd say the last 15 years have been everyone has tightened up on because they've seen so many horrible situations of of land being developed improperly y um so even through site plan review process and everything we we hold

people's feet to the fire and do not sign off on things until they're complete and that's what we just it makes my days long but that's what we do that's what we just did we Ted to this meeting yeah and we just said the same thing we didn't feel comfortable about what they did and once you feel comfortable and they do exactly what they were supposed to do then they'll

take acceptance of it so have a motion Mike I I uh I accept this to go forward to the city council make motion have a second motion that seconds all in favor hi okay next item on the agenda item number five Street discontinuance Ash Street should we take these together you can they're all they're all they're all the same we'll take three separate votes um but we can have a discussion on all

three of them because they all they're all similar they're all in the same location but there are nuan to each one that that is a little bit different so we'll take Ash Street first so let's do them separately then it's we do that item number five Street discontinues of Ash Street request to discontinue uh Ash Street from Ash Street to Globe Street referred to us by the city council on

September 12th 2023 um Dan okay so we're going to have a a history lesson on private ways public ways acceptances discontinuances we'll start off with that um so similarly to what we just discussed here where this is a private way and not an AC accepted city streets there are a number of streets in the city that get laid out they don't get constructed so they never get accepted

they become private ways private ways in the Commonwealth of Massachusetts people who AB but the private way and the municipality have rights to the way for Access utilities how however the land owners on either side of a private way own to the center of the road that does not mean you can impede on someone else's rights that have the same rights as you do in that street so there there are conditions

where a landowner May own both sides of the private way so they would own to the center line of the way and ownership would be contiguous through the way what's important about a private way and the petitions that are before you today are to discontinue the private ways the city does not have the ability legally city council or otherwise to discontinue a private way excuse me S Street is currently private all private

all three of these tonight are private unconstructed ways okay never basically paper streets but but there are paper streets that are accepted okay so one of them for instance and um I actually had done the work for Walter Ferman there was a portion of Liberty Street that was an accepted paper street that can be discontinued you have to own something to be able to discontinue it all the

city council can do on these is relinquish their legal rights to the way which would be relinquishing their rights to utilize it for Access if they needed to run utilities so what's being requested of the council the council cannot provide we cannot extinguish someone else's rights to the way we don't have the right to do that if these became public ways and we own the way we can then discontinue it but if we don't

own the way if it's not an accepted Street we can't discontinue it so what we did on on these so that there are three um and we'll deal with Ash Street first again we reached out to um the Department of Community utilities and I'm I'm going to read to you um what their summary is so Street discontinuance Ash Street request discontinuance of Ash Street from Center Street to Globe Street referred to the

city council on September 12th 2023 DCU comments there's a water main on Ash Street ends It Center Street and does not continue South connecting to Globe so they're just reporting facts to you SE the section of the street has an 18in vcp sewer line that runs north from the approximate middle of the mill to Center Street from the approximate center of the mill to Globe Street there are no

sewer lines so in in a half of this Ash Street there's actually a sewer line that the city owns in one portion of it storm water uh there's an overflow from cook Pond uh as well as drainage from the Eastern portion of the mill property in the neighborhood that runs above this area and under the abandoned Mill there is a pond owned by The Mill in this area just east of the mill two outlets and he

goes into the different types of drainage that's currently in there so their concern on ash is that there are Municipal Utilities in the street so he on Ash Street he specifically asked that you do not recommend that Ash Street be discontinued that's from the Department of Community utilities and again he wants to maintain whatever rights the city has to get in there and repair a

utility if so be it now we'll back up a little bit has nothing to do with ownership the land owner to the West which is the old Duro Mill project they own to the center line of Ash the whole length from Center Street to Globe all of the land owners on Evelyn's way the Condominiums at 75 Griffin Street there's an open space pel in the middle that the city owns that's zero and then there's

another cond condominium development at 332 Globe for their portions that they are but Ash you extend those lines they own to the center line adjacent to their Apostles so ownership is one thing and rights are something else so we cannot extinguish someone's rights and on a private way all we could do is extinguish our own rights which the Department of commun Community utilities has recommended that we don't for

instance 332 Globe the condominium development that's there they utilize their rights for Access and utilities when they develop that parcel their driveway runs through Ash and then into their property perfectly legal they didn't block anyone's access they're not impeding anyone's access as a matter of fact they're improving access for the for the other adjacent Parcels so the way will always exist whether through

easement lines or you know it it's so different than than public ways and what happens here is that the the city council gets paperwork and it goes through the process all we can do is give a recommendation so on Ash Street specifically the Department of Community utilities is requesting that we do not relinquish our rights in Ash Street thank you Dan that's Ash I think we also have some correspondence

regarding this particular yes we do have yeah we did get some if you want to read that until it um okay well I'll do the correspondence then I'll see who's in here in favor or oppose so October 5th 2023 from Michael Bita spelled be l e d d a and this was for ash or all 66 South Beacon Street no well like which which I which agenda item I think it might just be Center

Street actually is oh wait no it says Mr beler is here tonight number it does mention stre there it says specifically item number five all right so we I'll read it aloud I'm submitting this letter to the planning board in the event I is are they here by any chance no no okay I'm submitting this letter to the board in the event I am unable to attend the planning board meeting

hearing on October 11th 2023 at 530 p.m.

my property of but Cent Street on the North side in the area of South Beacon Street and Ash Street Cent Street provides a 50 foot vegetarian vegetation buffer for my property and I am concerned that the vegetation buffer could be destroyed by the discontinuance of Center Street in that area Cent street is an unimproved private way for which the city has no liability our responsibility for and runs West from

Ash Street crossing South Beacon Street and continuing West to Bay Street I urge the planning board not to recommend item number five the discontinuance of Center Street from South Beacon Street to Ash Street referred by City Council on September 12th 2023 for the following reasons number one discontinuing Center Street from South Beacon Street to as Street would extinguish the public

access to cental Street in that area number two school children from cus middle cus and vus schools Access Center Street to and from school in that area number three according to mass law discontinuing Center Street in the area could seriously affect my rights to Center Street number four in the past the firman company has requested a discontinuance of Center Street and been denied in a proposal to a discontinu

Center Street and construct a single family home on Center Street has been denied number five there appears no purpose or anything to be gained by the developer or anyone in discontinuing C Street an unimproved private way from Ash Street to Beacon Street last number six on September 21st 2023 at the zba hearing the developer withdrew 25 proposed parking places on cental Street between Ash Street and South Beacon

Street and their attorney stated at the zba hearing that that they had no plans for the cental street area this occurred after September 12th referral by the city council that's end of the letter okay what I would comment is that his comments are all having to do with Center Street and not Ash yeah but it say it number five so that's I don't know where we get the item number from

but okay perhaps that's true anyone else in here was rised agenda is that why okay anyone here in favor of post to the discontinuous of Ash Street um I just juster 35 so from what you read from the utilities department of all that information want to yep Street right now is a Pap Street correct private way and what you're saying is you're talking about it's a private way and it is the relinquish of the

rights not ownership correct the ownership the ownership does not change right correct so basically they're recommending to keep everything the same paper Street leave everything as is with the utilities and whatever they're talking about because of what it they are they are giving you the information regarding the paper from act basically yes so what the Department of Community utilities is

saying and again this has nothing to do with erasing the lines the lines of the lines all this all the city council can do is relinquish whatever rights the city has they can't relinquish your rights because they don't own your rights so your rights are in effect whether we discontinue ours or not so on this it just Happ happens to be that the Department of Community utilities wants

to be assured that the city retains its rights right so their recommendation is for to to not be discontinued because there are existing Utilities in the way yeah and because they want you to keep keep it the same people like whatever is there the electrical or whatever the city would still maintain or do whatever they do for that the city Only the city Only maintains its utility which is the

sewer line that's installed in the street nothing else no yeah electric electric pole is going to be the electric company we don't we don't provide electricity okay but that that that they go in and maintain and do what they need to do for that of course yeah every whatever rights anyone has today those rights will remain this process can't take away those people's rights this process can only allow us to

give up ours the cities and then let me ask you if it it was versed what would that mean to um the owners around around this say okay like right now they're saying no don't discontinue yep but if it was to be discontinued what would that mean to to us as owners would mean nothing to you oh all we can do is discontinue whatever rights we have we don't have the rights to discontinue

yours so whatever rights you have today there's nothing that the city can do so the only way that this can ultimately be a private way that can be discontinued is everyone that has rights to that public way is part of the petition and his agreeance that they want the private way to be extinguished but what would be the advantage to discontinue that anyway what would because then you then you would

technically so your backyard would now get 20 feet bigger and you could put a shed in it you could put a fence you could make more yard right now you can't because because you can't block everyone else's rights to to use it for Access so they could take that 10t and it would become well it would be half so the Street's 40 you would get to 20 feet they would get

to 20 feet but that's only if everybody says yes we agree to extinguish it and that has to get done through the land court and that's not something that that this board or the city council can even do what saying based all that that's going on under and all so that's the city that we're we're voting based on City's rights not person private rights do you know where the utility is Paul

well what Paul said was it was halfway down the mill so I'm assuming at about that section yeah exactly yeah I have one utility poll right in my back no no I'm just the SE utility all it's all underground so you're thank you for going over that and Y no problem it's important that everybody understands the process anyone else in favor please sir your name and address of the record my

name is Rick cook and I live at 85 you don't want to come up actually my leg oh sorry sorry um now I know last time at the zoning board you was saying about you know ownership of half but you can never block it correct so what would happen now because it's going to put a retaining wall and so so what happens with that remaining they they they would not be able to put the retaining wall

within the limits of Ash Street they would have to put it on the edge of Ash Street because they can't block they they can't fill half of Ash because then now they're blocking you from potentially if you decided I want to build Ash Street from Center to Globe you have every right to do it so ises everybody else that has Frontage on that street and they can't block that from happening that's why you they they can't

even though they own it other people have rights for the purposes of different types of uses and that and that's what happens here what confuses me is I know you mentioned off the shed situation not situation situation but the zoning board meeting that you can never obstruct that way like with the shed but now you're saying if they do this if they discontinue it yeah the ownership still stays but then you can

actually put something on that correct because everyone's rights are extinguished but that's only if everybody agrees to extinguish everybody's rights that's very difficult to do but and what's what'll be different on the third one tonight there's a street called Vine Street that no one even knows it runs through the mill and they own on either side of it completely different issue there's no utilities the

mill encompasses it already that one we're recommending that the city gives up its rights but that still doesn't mean so if if if it's different because they own both sides of the street entirely if you owned one side of the street then you would still have rights to that street whether it went through their building or not this but that's different because they own the same thing every every circumstance is a

little bit different based upon the abing ownership of the Apostles that surround it okay anyone else in favor oppose this petition uh board members I'm a little concerned personally that the Department of Community utilities recommended we don't forfeit our rights because we do have access to the Sewer lines that's my personal opinion Mario and if you and by all means if if you want to seek

out corporate council's opinion on private ways oh that can by all means go right ahead he's going to call me but you can we we can go through that process and I was a law clerk I did a whole I'm not I'm not opposed it's it's private ways are are very difficult uh to deal with because everyone's rights are so limited but they're in existence Forever Until you dissolve them through

the court L Court I did that when I was a law clerk in Duxbury okay uh any comments the comment that I can make to all of you I'm getting education tonight and and hear each and every one of you a feel for everyone but we able to recommend now what the city will do it and I better do it because we live in a good city so what then is doing it an excellent job that

explanation I don't fully understand I don't you know to understand that the random ification of private land people Street have been involved before so on but I didn't think would exist this much within the city of for there's so many of them so many of them I look at you to give our recommendation what what would what you recommend if I would say based upon the recommendation of the

Department of Community utilities and the information discussed here tonight that you recommend that we do not discontinue Ash I make a motion to say yes I agree having the utility there you're are going to need to maintain that even if it's not it's never utilized but you have to who's making the motion what motion are we making I make the motion uh that the city council does not

um does not accept the not discontinu does not discon pass I'll second the motion all in favor hi I item number six the old item number five on the agenda Street discontinuance of Center Street request of discontinuance of Center Street from South Beacon Street to Ash Street refer to us by the city council on September 12th 2023 the prior letter I read from uh Michael that's in regards

to this uh agenda item Dan want to give us a little summary yes so very exact same situation um much shorter section of of Road um and again we reach out to to DCU there are no water lines in the area area there there are drainage lines at the intersection of Center and Ash and that drainage discharges Westerly towards Bay Street however the exact route they don't know at this time um

there are drainage pipes instructors that run through the area the engineering department was involved in a drainage project a few years ago which was in that they installed some additional drainage lines I couldn't find any anything to that and lastly uh the Department of Community utilities needs to maintain its access uh through Center Street for Ingress and egress so they said based on the above comments

the sh the city should main maintain control along Those portions of the street that contain water and drainage lines I have nothing else to add for for Center Street any uh members of the community here in favor or an oppose to this item number six yes continue a street do they take that street sign away officially well what happens out here is the street sign let's say if we're looking at the

corner of Ashen Center okay there's a street sign there that says Center yeah that that that's to show the other side of Center heading east so they would leave the sign no matter what um and the same thing with Ash if they discontinued Ash the sign that's there for ash is for the Northerly portion of Ash we the the the way that These Streets Run they run for blocks and then certain portions of

them are either built accepted so when the city lays these streets out at the beginning of time this one was in early 1907 so they lay out streets as a framework for things to get developed this is before subdivision control or all those different types of things so they lay out a grid that people can buy land and decide how it gets developed and what roads get get built some of

them some of the roads don't get built down here it's a lot of the roads that didn't get built a lot of it because of the the heavy industrial you know activities that went on during all of these different Mill complexes okay thank yeah again on this one um the community Department of Community utilities recommends that the city retains it's right to the paper street so um again I'm not I'm not too supportive

of this one any any other comments on the board Mike your thoughts yeah my my only thought on this is that if there's any type of utility in there that they at some point some time you're going to have to maintain it and so if they relinquish their rights on that then they're out of luck to try to maintain it I mean that's kind of my only in this case it's the water and drainage lines

that they're referencing here and and what's important is that that that the recommendation is you're not recommending the discontinuance of our rights you're not recommending that they don't discontinue the entire way because they don't have the right to do that right but just retaining our our current you're retaining our current rights not discontinuing our current rights right I don't really see any advantage of

dis relinquishing your rights to that I mean especially when there's utilities here I I I understand only with my because of what my past practice has been is why they're doing this however it's not my job to tell you why they're doing it um maybe somebody should have been here to to explain that um but even even if they did come to explain I don't think the city has the

right to do it or the ability to do it do you have a motion I have a question when you say they oh what are we say in n city so no so Duro that that Mill to the West they I believe they put these petitions together because the streets all contain revolved around their real estate so that's who I believe submitted this for the purpose of them developing this

Mill and it may have been when they were initially thinking of utilizing it for parking and when they appeared before the zoning board of appeals because I think this came in before zba we made it clear to them that they could not build in their half even though they own the land they cannot impede other people's access by constructing parking spaces and allowing people to park so my guess

is you know the need for this going forward may or may not still be needed however we have to go through the process but the intention was it it's it has to do with the development of that Mill project they're just going to this they're going to obtain half that up to the middle of the road and then use that as additional space to they want Des yeah I understand

that we have a better solution have a letter of opposition for Michael B 466 right that I just want to remind the board that we have a letter on record in opposition the person could not be here so do we want to uh not recommend the discontinuance or what how does the board feel I have another question for you by discon these streets and we have the right in notl B

per se to recommend something that I fully in here I don't have a full um knowledge who and why these streets should be disconnected I mean discontinu excuse me well so if you were going to allow the discontinuance I think it would be fair for you to ask the app the the applicant why are you asking for us to discontinue the street and without being provided that information we can

only we can't hear from both sides of the argument but again the community uh depart Department of Community maintenance wants us to keep our rights to those lines those and that's all we can that's all we can give up I think I think they felt the either the attorney or the applicant felt that we had the or the city has the ability to extinguish these ways entirely and I do not believe that

is the case case from my research consultation with other legal uh experts regarding the matter um as recently as again as of this morning I do not believe we have the rights to to deal with that and again the city council when it becomes to the council this is only a recommendation to them they may decide to request corporate Council opinion before they make their decision again in my mind the fact that

we had one of our professional uh you know the departments recommend that they researched it and they said uh quote based on the above comments the city should maintain control along Those portions of the street that contain water and drainage lines that that weighs very heavy with me that's my personal opinion because that's why we we rely on the professionals to review this and give us their opinion and

they're saying for us not to accept the discontinuance do we need more time to think about this board members what your thoughts my point of view if I uh we Poss continue I get more information I would say table but my my only question is if this was U something that was urgent for them they should have been here representing uh why they were trying to accomplish this and I

understand I do this for a living too you know if I was on their side and I was designing this if I could get another halfway of a roadway that entire LAN um then I could utilize that for storm water management I can use it for parking I can use open space all these things but we don't know what that is but there is impact Associated that with that to the city and to the City utility

um people who are have to maintain that so that's kind of my my thought process do you know who actually submitted it to the council yes what happens is we we get it from the council they don't submit this to us oh okay I got you so the council just refers it to us it goes to them first Dan in order to go to land Court they need to give it all rights

and then they petition in court that's why they want to get rid of us so this is the petition that they submitted and so it was um the property owner of 110 Chase Street they signed the petition or they submitted on their behalf is there like a cover letter or um there is um it's in that yes the first one right so the attorney is trying to relinquish all the rights then the petition of land Court

to take over it and then they put like an exhibit a where they said that they wanted to um repurpose the property so it is what Dan was saying that um they wanted to use up to the center line I don't think that they realized that they couldn't at first even if this was discontinued I don't think they so Tom so Tommy Cen submitted on behalf of the owners of 110 Chas Street

okay but my understanding is that both sides of that have to relinquish that at the end of the day so you have to get everybody to agree upon that you just have one entity which is the owner of the M right I don't think they realized that it was it that it was already a paper Street okay well they need to maybe they need for us to give up our rights in order for them to continue

with land Court well they they had changed the plan so that they didn't need to use any of the paper Street for zba after so I think they did this before Z gotcha okay but if you want to table it to get additional information from whomever or give them the opportunity we already voted on the other one Ash Street so we can't take that vote back right right I

I feel I would vote the exact same way the reason be because you have the utility uh Department who right needs to maintain it I I think I think simple I think the attorney and the applicant felt that the city could give them more than what we actually can and we can't and the procedure to do that is through Lan Court um as Gloria stated and that may be a process that they'll attempt

but now that will most likely require everyone that has the rights to sign off on the rights ours included and the Department of Community utilities has given you a letter saying they they feel that we should not relinquish our rights to the way I wholeheartedly agree I I think I would make a motion the same way I'll make a motion to the vote exact same way that we did on our street so you make a

motion that we vote not to accept the discontinuance of Central Street thank you do we have a second I'll second all in favor hi I let's do a roll call uh roll call back yes Mario I'm sorry let's do a roll call uh Beth are you in favor of the motion yes Mario yes me yes M yes thank you okay item number seven Street discontinuance of Vine Street request discontinuance of Vine Street from South

Beacon Street to Ash Street referred to us by the city council September 12 2023 so as I as I discussed a little bit before this one is is clearly different where the applicant owns both sides all Frontage of Vine Street so they own to the center line of the way there are no utilities located within Vine Street as you've see in the letter that was submitted from the Department of

Community utilities and they see um no reason that um we can't extinguish our rights to that portion of Vine it's it's completely encompassed by their by their building already very difficult to even find a plan that showed and referenced it but but we did find a couple and that that is in the location and believe it's on their their petition as well in their ala survey plan that shows the location

of it so again in conjunction with Department of Community utilities recommendation my recommendation to the board would be um to positively recommend to the council um that we relinquish our rights whatever rights we have to the street and there's no utilities nothing I'm reading his letter right now y yeah I yeah I'm glad that they put the object Community utilities offers no objection so yeah seems pretty

straightforward board members any questions concerns any motions to accept the discontinuance of Vine Street or well the disc let's say the disc we recommend the discontinuance of our rights in Vine Street I make a motion to approve so Mari makes a motion to recommend second that we dis sorry recommend that weend sent to the City Council discontinuance of Vine Street thank you Mario and Michael Mike second

all in favor all call Beth yes Mario yes Gloria yes Michael yes thank you very much okay agenda item number eight your seat of correspondant review and discuss the mass DP new regulations 310 CMR 7.41 regarding large entity reporting requirement that became effective September 1st 2023 so this um agenda item I obviously read it once put on record this will apply to all of our vehicles that are

over over 7 8500 8500 pound any any comments on this corres correspondence from p no okay uh number n you got to vote to just place it on file accept and place on file that's okay a motion motion place on file any community members here for item number eight no just checking okay thanks Beth Beth makes a motion we accept that corresponds put on file there have a second a second a motion thanks Mario

second all in favor I agenda item number nine receipt of Correspondence review and discussion of the acceptance of Ashworth Ashworth Brothers Mill for the national register of historic places from the Massachusetts historical commission so we saw that as well any comments on that no this is just the process of getting structures placed on these historic registers that allow them

to apply for certain and ta credits for development and it goes to a number of agencies so this one was on a meeting earlier and that was um informing us that they were nominating Y and this is um informing us that they were accepted okay good so again just place it on file there a motion to place this correspondence on file I have motion thank you Mike a second I second all in

favor all right so review of minutes of the last meeting agenda item number 10 I make a motion to approve it previous meeting September 13 thanks Mario do you have a second to that motion be thank you all in favor hi okay citizen input anyone here for citizen input I guess not we have a motion to adjourn motion to adjourn thanks Beth a second I second thanks Mario all in favor