3 26 2019 Planning Board

okay we have today Tuesday March 26 and for sewing skills and before any person may make an audio or video recording of this public meeting I may transmit the meeting through any medium attendee said they are for advised that such recordings for transmissions are being made whether perceived or perceived by those present and are deemed acknowledged and permissible and with our Chico truth item number two table

and item number one to the end of the meeting and that is the island Woods subdivision yes in your packet you saw that Pilon Woods has requested a reduction of their performance security and they submitted the a spreadsheet breakdown of what's remaining we have the city engineer and I have done the site inspection we have also reviewed the city engineers reviewed the remaining work and we conclude that the

225,000 would be sufficient security so therefore I'm recommending that the board vote to approve a form d TB reduction in security for Highland Woods subdivision or an amount of 225,000 so and then in addition to authorize the chair to sign the letter of credit because this is the one of the forms and then once it's voted on tonight a letter of credit that is done by the bank and the and

acknowledged by the chair its son so that's what I'm requesting that the form D dash to be be voted to approve for 225,000 and to authorize chat assign the to sign the letter of credit okay just one quick question it just seems basically soudanese done yes we've actually done that that we we've had our site inspectors our on-site inspectors review everything and then the city engineer and I have actually

gone out and reviewed it so what they said there have done has been I make motion to approve the Allenwood letter the credit reduction all in favor all right pose Ellen vitamin free it's an application for endorsement pool and believe not to require approval form any plans and item number is number 229 this property received a variance from the Zoning Board of Appeals which has been variance has been reported in the

registry the registry of deeds I have reviewed the form a one of the requirements was that the Zoning Board of Hillsborough was for the city that refused the easements because there's numerous easements and to review the utility easement as well we have reviewed everything and everything is acceptable this is can in conformance with what was approved for the variance therefore I'm recommending that this is

not a subdivision and to go to

the forming this is variants it's too big lots that are remaining 1.8 acre lot in a one point eight nine acre lot parcel a lot B this is a remaining portion previous for maize that are over on Bailey our base tree and this is the remainder lock and they want to divide it in two it meets the frontage requirement on South Beacon Street so therefore I am recommending it is not a

subdivision and that you can sign the form at washing to frontages on South Beach okay not on center spinner doesn't exist know if you know maybe fusion or something it's really not not this piece of property where you see how it jogs this way yep this is a big wetland tract that mr.

Duff gave to the city and then on the on the back side where Center it would go all the way through it's there were a lot of for maze along as it day yeah Bay and I forgot the property that's on okay on the door expect anomaly yes so yes if you notice where this line is that is that that's the Creek that he gave to the city the the drainage way and then

the other form a lots are on the other side so this was this was when they did when you did the four maze and divided the house Lots and created the parcel that he gave the city this was the remainder lot and now he's dividing this remainder lion to the layout on South Beacon Street is constructed and it provides adequate frontage okay I make the motion to endorse for the file number 19 1 4 2 0

on a chimney depth network

and item number four it's the approval of the minutes of the February 12th I wish it so I make motion to accept the amendments previous from the February

2012 February 12 correct ascendant or a second favor hi

you can ask if there's a public input and if not object number one public input now there being none going to go back to the item number one

okay I will read the legal add Brookside Street Fall River Street acceptance legal ad and notice notice of public hearing however Planning Board notice is hereby given the Fall River Planning Board will hold a public area on Tuesday March 26 2009 Keene at 5:30 p.m. first floor hearing room 1 Government Center Fall River mass to hear all persons wishing to be heard on the following one

Street acceptance curbside request acceptance from Highland Avenue to the dead-end refer to City Council on December 18th anyone have any questions or concerns these matters may contact the Planning Board with a phone number and the email or by writing to the Planning Board one government Center and the 88 coordinators Gary how we act and so therefore I've read the end

thank you madam chairperson the this was a partition request for acceptance from Highland Avenue to the end of the end of the cul-de-sac if you look on this sheet is it's highlighted for you and one that's highlighted it kind of shows you the area it shows you it's essentially a gravel way right now then comes through and then there's several house Lots that in are off of it we did receive a letter from community

utilities which said that the estimated cost to properly service Brookside are as follows the sewer right now they're currently on septic a bleed Wells septic and well but okay that's the sewer woods being saw low-pressure sewer main approximately 1200 lineal feet from the Eastern and a Brookside Street to Highland Avenue as approximately $3,000 property owners would be ver profitable for service

connections and individual pumps water to install a ductile iron water may approximately 700 feet with a fire hydrant from the end of Highland Avenue would be 190,000 the installation of storm drainage catch basins a detention basins is approximately 300,000 so the combined estimated cost for proper utilities is approximately seven hundred ninety thousand this to us please not discuss does not include the funds for

paving the road and these funds are not authorized I'm very any bond or any program I have not received the breakdown for the city engineer on the cost of paving I've been waiting for that so that's one missing piece we did receive a letter from councillor Pamela fo vice president of city council dated today of our 26 dear honorable board members please accept this letter of support of item number

one in your agenda tonight's meeting this is a request for acceptance of Brookside Street from Highland and Avenue to the dead end Brookside has a serious disrepair which causes to delay and emergency response vehicles to residents with serious health conditions that resides on Brookside Street this residents recently received a lung transplant there are as many home visits from medical

professionals when a medical emergency has arisen the response time is increased due to the ruts and holes in the street have a Brookside she accepted and paved would greatly improve the quality of life of the residents please consider a favorable recommendation for acceptance of this street and read this letter into the minutes of a meeting thank you for your consideration sincerely Pam LaVon City Council vice

president one thing I want to add to this as I said I believe I'm going to need some additional time to do some additional research and findings because typically in a street acceptance and if you look at the assessor map that I provided you're in your packet the property in question do you have one I have one if somewhere better oh right there the for some reason that where this house is and there's a couple lots

that were created there seems seems to be that some way might have been divided out however from approximately the edge of where 122 this current house is to Highland Avenue there's no layout and there's no way so there's nothing that we can accept so a vast majority of the driveway is across what I believe is property of ice Vincent's and there's no there's no Street to accept their I know that the

there's a physical blacker bedroom there's a physical driveway a physical gravel way but the right-of-way which is on both sides you know that normally encompasses when you want to do a street acceptance there's no Street acceptance layout across this so I need to do some additional deed research to find out if this map is incorrect and there actually is a platted way or if this is just a

driveway across the st. Vincent's property through an easement and if that's the case then before the board could act on st. business would have to be able to offer a layout we accepting to offer a layout because we could not create the right-of-way you know we have a right-of-way that's 40 feet wide with a road in the middle of it well there's no right of way from essentially almost

where number 122 is to Highland Avenue so the issue comes in that if there's no right-of-way at least the assessor map doesn't show it if there's no right of way we can't accept it because it doesn't exist we would have to work with and the property owners and the city we have to work with I think it's st.

Vincent's home that owns it too to put a right-of-way there that then could be accepted so so that's the big issue I'm going to request after you take any public testimony to continue it continue this hearing so we don't have to be Isaac we can just read notice it - there butters in order to find out details of if there's no right of way then unfortunately you can't accept it because it doesn't exist to accept and

we'll have to work with st. Vincent's home and the property owners to try to create a right-of-way that then you could accept so I know it's kind of confusing but I knew people were going to come so I'm recommending that you take in public testimony and then you continue into a date certain to our next meeting so with that I'm here to answer any questions okay I've drunk the up you know made a

special trip to see from Milan Avenue and I wear this yellow thing I really couldn't see anything so maybe I missed it but it seems to me that go into the love it's a 122 and 97 so on so for now in this area where these lots are is also the street has already been created for some reason it looks on this map it looks like when 122 and 97 and there's

an another couple lots on here it looks like when these were created there were it's a right-of-way that just sits in the middle of nowhere it starts from nowhere and it ends - no it's sitting in the middle of just space and it's not connected to anything so I some of the research that I need to do is the deed research on the bigger parcel and the deed research of the

individual parcels to see the plan that created this and see how it went and how it was created but more importantly if my suspicion is correct I think this was just a driveway and st. Vincent's had a huge property and that a house was constructed but somehow lots were created I don't I don't know who does really all in these logs subvention I - based on the assessor records these four

Lots that are here are not owned by st.

Vincent's they're gone by two of the lots are owned by Willow somebody I think the the lady that's here speak might be able to answer that and then the other two lots that have numbers on them and it's rather interesting where number 97 is yeah if you look at the lot on the aerial the structure isn't even on that lot so there's a lot of inconsistencies that need to be reviewed

on this but the biggest one is if there's no right of way from essentially 122 to the street then you have nothing to accept and we would have to the property owner and the planning and engineering department would have to work for the property owners work with the st. Vincent's home to try to establish a right-of-way so with that I would love to hear from the audience before I have one more question the

financial to build the sort water and stormwater city is responsible and there's no money for it and it's a it's a it's a large cost then that would be to bring it up to municipal standards that means water and sewer now there's no reason you know due to that cost that's a significant cost for one or two homes you know that and there's no funds for it it may be decided that the people

stay on the septic system and on wells or if there is a water line you know stay on the water line and because the water line could it there could be a water line that comes from one of these buildings and it comes down to the back I don't know it may be that they stay on septic and the utilities not be put in and then you're looking at

and we don't have the cost yet it might be just the cost of grading engineering and drainage you know baby so actually if I spend the corrective we believe this is not only to accept the street we've also created that strength we have to asphalt you said if it if it gets accepted then ones would have to go in line it would have to it would get in line with everything else all of this

street repair projects and everything - it would have to compete with all the other projects for paving and utilities just like any other project doesn't just because it's accept it doesn't mean that it will get paid that year it would have to compete with any other project you know thank you it would have to be here in a year and i wouldn't know me to here don't worry that they won't

oh and state your name and address for the record my name is Jane de Faria and I live at 2:15 Shila bike road in Westport mess well I have a letter and I'll read it but I can tell you exactly why I am here um good evening my name is Jane de Faria and I'm here on behalf of my son Matthew de Faria who owns 122 Brookside Street and lives there with Deveny cool rich

they are not able to be here today because she's at dana-farber she did have a lung transplant in November she's had I just talked to the kids you know she's had a lot of problems with a wound infection and she also developed a lymphoma which is cancelled they treated her while she was in the hospital for five and a half weeks and it didn't do anything so the cancer is still there

and she's going to have to be treated oh by the way the purpose of us being here is because of that room that room is deplorable it has huge holes your cob bottoms out the other day when they plowed in the snow the plow truck almost tipped over if there's a medical emergency she's gonna die because she can't get out and they can't get to her she has visiting nurses she has medical

equipment she has IV meds delivered all this stuff coming and they can't get down there it's dangerous it's a danger to her her safety her um her physicians from Boston and sent letters to the UM City Council requesting this Road give pavéd pam has helped us tremendously she did have somebody come down and put on asphalt that was grounded and play that damn Billings okay yeah and once the snow

clouds came down it's gone so the holes are there and they're just going to get bigger and bigger I mean I caused a terrible I'm surprised we haven't all blowing tires on whatever because you those holes even if you go small slow I mean she really this she could die because of this road is so severe that it doesn't get fixed it just gets worse and worse and worse we don't know what to do

question to you how worse than 122 oh and 100 years ago yeah one time it's very old because the man who lived in 97 is that the other way I just built our mr. where build lives which is across from my son he died recently he died last year his great-grandfather owned that house so that's how we know it's that old how many houses all together between before we say 97 and 120 days my

house is there any true yeah and mr.

wardell owns some property that a lot sigh I don't know how many he owns on his side a few Lots and then there's some other law they have the lock pattern yeah but right now there's only two houses okay the other question that I had she did how assists in a lot of 122 as well 97 we're not saying yeah no but let's says we accept the street and this street

become 40 feet wide how much property what they lose what the house that build the road is that I don't know yes again there is a it appears and I don't know the width of it based on the Assessor map it appears that there is a 28-foot if you look at the sister it says p ro w I don't know private right of way I don't know what that means

and it's 28 feet wide so we don't know what we would have to do but as I said I don't believe the board could make a recommendation tonight unfortunately I think that it would you have to continue it because we have to figure out I'm gonna give this copy to you this is your son's house yeah you see see this it's like a right-of-way that's what it's a home in swinging feet and but do you see

how this is just a big lot yeah that's very few there's no right of way that connects so from here to here his private property and it may be an easement so if that's the case we can't accept it because there's no writer plane so if that's the Becker case and we need to work with st. Vincent's home and your son and the other property owners to see if they will dedicate the

area around the road for a riders right does that make sense now I'll give you okay you can see that so that's what I'm requesting some and can we have the letter for the bottom I don't know I think Pam has the letter from dr. stone honest at Children's Hospital I don't believe the board has enough effort well at this point the board can't so I'm recommending that the board continue this public hearing not closing

to continue it to April 23rd and that should give us enough time to find out some of the information and finding if it's there's no right of way at least find out a path and a solution to you know working that and then I can also work with Public Works now that there should be no more snow about some Billings and maybe regrading yeah I drove down today yeah we were there but

we saw a cop the city engineer and I drove yeah it's it's not as bad as it was before Pam got them to come down before it was so the city engineer and I will talk with the community maintenance and see and see if there's something we can do with the interim okay but my recommendation is due to the fact that there's no right of way that we have to

do some more dean research to figure out if in fact that's the case then then we'd have to figure out a different way can I ask you a question so say it doesn't become a street because we know there's only two houses there we know that and I know it's a lot of money to be honest with you in my planning opinion it's a driveway that's something for a street sign on

and and let me tell you I've been doing this 26 years and every community I worked in that happens all the time that people put a street sign on it and in fact due to whatever you know due to political reasons or safety reasons even though it's a private driveway sometimes you know private driveways you know get plowed you know technically they shouldn't but it happens yeah it happens

everywhere so so what was your question so say it doesn't become history is there any way we can get that roof fixed so she's safe we'd have to talk with community maintenance the big issue is we don't know so expending a lot of city resources other than taking a greater down there and some extra gravel we have expending a lot of resources on something that that's the reason why

you're hearing the acceptance so we can expend city resources sort of I think they have taken extra millings and put it in there we can see if we have extra mailings and some gravel and and they may be able to do the same thing they did before but short of doing anything more than that if it's not a right-of-way and it's not accepted then we really can't spend significant City

we can't spend city resources on that so let's try to work through the process and if it's not then work with the st.

Vincent's home if they would dedicate the area for it they need we can go forward okay I have a one more question see this yellow line here what's fine it brings us to a lot forty four point four point five second I didn't see that pizza is that when to anyone or just yo driveway fancy on the 97 and 122 or there continues right continues and it kind of goes around and comes back on yeah this

is an aerial view the thing that's highlighted is the gravel way and once you get past the houses and we're turn any kind of beers it gets really muddy yeah I wouldn't drive a car down there it gets really muddy so I know what you are we like you are stars and which is legit it's actually helped you from Ireland Avenue to viola and the 122 and the others so we don't have to worry

about going on because there lot 44 and 48 I know some buildable Lots and people they was it we have to know we don't know I make motion to a table for further information to a date to April 23rd of our April 3 they're meeting now he'll get a notice and we were gonna send it we will send a new letter okay but you can let them know it will be continued

oh yeah it's it's funny his letter came to that second name but my address that came to us well that's what's on the tax roll I know it's textbook comes to my house and I give it to a movie he needs to write yeah you didn't know what does he have to do it needs to go to the assessor's office I can't change his address on his Assessors and there's my

okay good luck

now have a love Twitter nope you voted to sign these once you turn we can sign in the consignments you did that with Oh a second okay Colin hi