Uh we wanted to start this discussion and figure out how how the numbers were going to flesh out in this discussion. Um so hopefully and I'm not putting anyone on the spot. Hopefully we've had time to kind of think about this a little bit. If we are low, how much are we low? To what tune? Yeah, I would just say when I was on the planning board, the actual numbers that we voted on were usually presented uh from uh Mike Carter or or another uh town uh peer reviewer. Yeah, that's that's why Mike is the first person we sent these to. >> Yeah. Last Thursday, I want to say. Mike, do you have these estimates? Yeah, I do. Yeah. Okay. How I thought I had that one. I know. I got it Friday. Friday? Yeah. Friday at 2:00. Um But So, what's the problem? >> [laughter] >> Exactly.
No, no problem. Do you Do you necess- Let me ask this question. Do you necessarily need the bond to issue the permit? Can you make it a condition that you know, like the planning the planning board, I don't think you get your money, the bond, until um they have a permit in hand and then they start construction. And then I do a restora- I They call it a restoration bond. And you get that bond before they're allowed to do any work. I don't know No, it's It It sounds reasonable to me. >> yeah, cuz we we this condition could be written that this surety bond has to be provided prior to the start of construction. Mhm. And who, if I may, because again, I I I read your uh provision from the bylaw and it's unclear. Who administers this bond? Is it the DPW? I Um Article 1 of the stormwater bylaw is administered wholly by the Conservation Commission.
So, any conditions in there where it's not specified um would be related to the Conservation Commission's purview. But I guess who would have the technical expertise to figure out you know, whether the numbers are adequate, whether the budget's adequate. I would imagine >> Who's helping you out in that regard? >> I When I was on the planning board, uh the applicants were would uh would pay additional funds for the peer review to uh validate the numbers. I believe is how it worked out. Mike could confirm. Right. And it's really pretty quick. It's just you know, you're you're you're getting ready to go and I and it would be a restoration bond is what I would recommend. And it's just take the area assuming that you cut all the trees down and you walked away, then just what what what would the town have to do to just put it to establish growth out there and protect it.
And that that would be your restoration bond. And then that that's you could do it in phases. You could just do like you said Ballard, but if you're going to clear cut the whole thing, you're going to have to do a restoration bond for the whole thing. And then once you have once you start then that allows you to keep going. The town's got security. And then what happens in the planning board is once you go put all the drainage in and you don't come back to them until you need a lot release and they could say, "Okay, you know what? It's site stabilized. We can release the lot and he doesn't need the bond anymore or we adjust the bond down or whatever needs to be." >> Mhm. And perhaps I can propose a different way of thinking about the phasing uh that kind of carries our previous conversation, which is we're going to identify the areas where the storm water appurtenances.
This would go to the restoration bond aspect of this. Uh we're going to identify the areas that where the storm water appurtenance appurtenances are going. And that's where we're going to start our stumping and grubbing activities. And perhaps that would be phase one of the echo Did I hit something? It's already fixed. All right. Um yes, I was talking to myself. You entered the outer limits. So, maybe that would be phase one of the restoration bond uh is that something and grubbing within the site? And phase two of that would be the areas that are stumped and grubbed outside of the site. Um and then you'd go into the uh next phase of the restoration bond of the completion bond uh surety. I don't know if that overly complicates things, Mike. John, does that make sense? >> complicated to me. So, you're talking about having a restoration bond in it two phases for restoration bond or two components.
And then you'd then you'd have the highland performance bond and the balance performance bond. You're talking about Right. It's almost like four components. Right. Or three components with two parts in in the restoration bond. >> If I heard Mike Carter properly, I think that's kind of what you con- contemplated. Is that two components of the restoration bond? the um restoration and the completion, right? Or were you talking simply restoration? Yep. No, I was I was talking I was talking both. Okay. For example, we [snorts] have one on Memorial Drive right now with the planning board where they restoration bond if they did the whole site was huge, so So, did it in phases like you're asking to do. And it worked out so far. But, it's it's it's it's been That's not the first time we've seen it in the town. I've seen it many times over the years.
For you, these You get a big site. This is small, but it's it's still dollars. That's fine. That makes sense. John, do you have anything to ask through the chair? What Mike said sounds What through the chair, um what Mike said sounds reasonable. Mhm. So, we can we can have a restoration bond for for both sides. And if the other side gets before it gets opened up, then obviously a bond would have to be in place. So, um if it can be in two phases, a Highland, which they anticipate starting first, would go with the high a Highland um restoration bond. And then as that gets completed, um then they would go into a Ballard restoration bond. So, it all makes sense to me. I I think we want something along the lines of the applicant shall post a sufficient restoration uh or completion bond, as appropriate, before doing any uh construction.
Uh and uh something about, you know, that they can you know, phase it as needed. And that uh >> Keep it flexible. >> The the the bond will be reduced as uh work is completed. Um and that the board shall use a satisfactorily completed It satisfactorily completed uh as and uh something about uh the board has the right to do peer review for this. Because you know, we don't have the technical expertise on this, obviously. And I I would want to make it clear that we would want all of this released uh prior We would not want a lot release mechanism like you would on a planning board situation because it's all going to be done and completed by the time we're selling lots. I mean, all of those storm water appurtenances that are subject to the storm water permit are going to be done.
The roads are going to be in. So, I think that prolongs it too far down the down the road. I think we would get our completion our satisfaction our letter of completion notice of completion by that point and we would want the whole thing probably released at that point. And is there a concept I know this came up I was thinking about this. Is there a concept like an order of conditions where you can get a partial notice of completion? So, let's say we completed Highland Road first. Would we be able to come to you and ask for a partial? Well, for the the bond amount the the surety Mhm. Um, I I'm not great at wordsmithing this but it should say essentially that at any time uh, you want to have the amount adjusted that uh, assuming that the peer review uh, agrees that >> Sure.
that the the adjusted total is sufficient for the remaining work or restoration Mhm. uh, that the amount will be adjusted. Great. You know, I don't I'm I hope uh, our agent is able to wordsmith this. Huh. She's the one typing. I'm I'm trying I'm not keeping up as well as I usually do. Right. I I know I I think we're all on the same page as to the intent here. I think so, too. And I think kind of kicking the can down the road to give everybody enough time to come up with adequate numbers as an appropriate solution. And I don't think the actual number belongs in the in this decision. Sure. I agree with you. We just wanted to start thinking about it >> [clears throat] >> as I said, we knew this would be a late night and we wanted to just get ahead of it.
Out of respect for the commission. My hour plus ride home. Well, at least we all live in this town. Yeah, exactly. What's that? Yeah, there you go. Yeah, I wanted to see you in person tonight. The commission I may have completely misinterpreted this, but I have done my best. So, I have added a condition for restoration surety, >> [snorts] >> which I still have to copy over more language to but the basis would be the applicant shall post the surety bond, irrevocable letter of credit, cash, or other acceptable security. Same language as the other one. The change is the surety shall be of a sufficient value to restore the site. The surety may be released in phases to be an agreed upon value designated for each phase prior to finalization of the surety. These phases may include but not be limited to phase one Island Road, phase two Ballard Road.
Yeah, and I think you want to take that and copy it below. Um and just turn that into completion, not restoration. Is that Is that right? I mean, I'm perfectly happy with that language. I I would just have one that says restoration and completion. completion. Yeah. So, combine the two. Yeah. I would put that I'd do it up above where it's the wording's already more correct, but whatever. Sorry. There was additional language that I was going to copy over, so I'm going to do this and then wordsmith this bottom section. Ignore the 36. Um the remaining part that has not been touched was if there are any of the storm water features as approved in this plan um that are not constructed to completion, the commission shall utilize the surety bond to pay for the completion of such features. The bond may not be fully released until the commission has received the final inspection report for the site and has issued a notice of completion and shall consist of the value of the bond that was not utilized for any completion of storm water features as described except that it may be released partially in phases as described above.
The applicant may request the partial release of the bond for completed work for which the released amount of the bond shall not exceed the amount designated for said work which was completed. The commission shall keep a record of all funds expended for the completion of storm water features. No work shall commence on the property until the surety bond is posted. Um I would only add to the next to the next to last sentence uh the uh hold on. The commissioner the commission shall keep a record of all funds expended. I would add if expended because we intend to complete this project. I mean we don't anticipate you guys are going to even need this bond. >> [laughter] >> We don't need >> All right. In In the future it might be good to get language from the planning board that they use for this kind of thing, but they probably have it in their bylaws.
I don't remember. I'm sure of it. It's in their subdivision controls and regulations. >> Yeah. You have a hybrid of that as I indicated, but it's not quite the complete Gives you more flexibility I guess to craft projects with specific language which isn't a bad thing. Just keeps us up late. Well, hopefully we're almost done. Uh to the commission I also just added since we've combined the language of the two after acceptable security to secure the SAS factory restoration of the site have also added and the completion of the storm water features on the site. I'm okay with that. Usually this is a planning board issue because it would it would be a subdivision and not an A&R. Right. And so it would be taken care of by the time it got to us. So that's because this is a unique situation. But you have the ability to do it in your your own bylaw for a reason.
Well, we do and now we know what that reason is. >> [laughter] >> And perhaps it was prescient. But here it is. There are other projects that I could name that are the reason, but Becca, I would say storm water management features, not just storm water features. Just to be clear. This same thing in the first line of the next paragraph. >> All right. Dan and Mike okay with these changes? I'm okay. This is good. Yes, I'm I'm fine with it. Yeah, thanks for hanging in there, Dan. Yeah, no. I know it's been a long night. Thank you. >> Okay, we want to move this forward or what? >> Yeah. Um public hearing. Any more for the public? Public comments online, in house? I see no comments raised on hand, online, and nobody at the podium. All right. So, is your group satisfied with these conditions?
We're happy. Okay, great. >> we really um I want to reiterate we're very appreciative that the commission invited us in so quickly. We have a closing coming up in a couple of weeks, and thank you for accommodating that. Okay. All right, very good. So, we're all in agreement. Yeah, well, thanks for working with us, too. This has had its bumps in the road that we've worked through, so there was no reason not to. All right, do I hear a motion to approve the storm water conditions as discussed and modified and amended for storm water management permit SMP 2026-1? Somerville, Second, Preston. Roll call vote. Ackerman, aye. Crow, aye. Crouch, aye. Ackerman, aye. Moulton, aye. Toledo, aye. Lyons, aye. Motion passes. All right, congratulations. Yeah. Thank you very much. Yeah. So, we'll get the signature page signed this week and and mailed out to you all.
Yeah, and thanks for showing up in person. This was a lot easier in person than it would have been if you were up there. Yeah, it makes a difference. It does. No, we you know, immediately after um the hearing last week, we just decided exactly that. You're welcome. And it really is a beautiful town. I love this town. Yeah, thank you. Thanks. Okay. All right. Appreciate it. Thank you. We'll move on to To the commission. We do have the signature page ready for you tonight to sign. So, we should have it ready for you very quickly this week. You guys mind doing the minutes at the next meeting? Nope. All right. Is that okay legally? Uh what was the date on the last one? May 4th at time. It's cutting it close. Yeah, you can you can do it at the next meeting, but you will have to do it at the next meeting.
Okay. All right, we promise. Uh I think you do have a ratification of the emergency cert >> Yeah. Okay. Uh so, that's it for scheduled hearings. Good night. And next on the agenda under general business is emergency certification ratification, Shore Road and Greenwood Road, Ashland Department of Public Works emergency exploratory dig and installation of a sleeve at the culvert. And we have representation online. >> to the commission, uh it looks like Dan's already hopped off, so I'll present. Okay. But essentially >> [laughter] >> Um essentially, uh this is the culvert that we've been talking about for a while. You guys have done emergency certifications to clear beaver dams there before. Um the culvert itself is a double-barrel culvert. Um one of the barrels is completely collapsed. The other was mostly collapsed. Uh we have been as a town trying to find the money to repair it for a long time.
It is the only way in and out for this entire community. Um and there's regulatory floodway that goes through it. Um we have not been successful in getting that money. And as a result, the conditions have deteriorated further. Um it got to the point where for the past for the past month, the DPW has been running a pump to pump the water physically over top of the road into the other side because it was not possible for the water to pass through the culvert um with uh enough volume to actually uh relieve the pressure against the road. Um and so they requested to um get in there, do an exploratory dig, see if it was possible to do a temporary fix of sleeving at least one of the barrels, um and make it so it was safe for those residents to be going over that road and emergency vehicles to be going over that road and the risk of flooding to be dealt with.
Um that I administratively issued. Um the work was done I I think the next day or the the day after. Um they were able to get a sleeve into one of the barrels. The other one was too collapsed to even manage that. Um we are still working on getting funding for a full replacement, which at that time and come to you all as a notice of intent. In the interim, this is relieving enough of the water pressure that it's not an immediate threat um unless we have a a serious flood event. What were the culvert sizes that were in there originally? That had failed. You know? Yeah, do you remember? It's 236-in culvert. >> 236-in culvert? Yep. So, the problem that you said you might put a bridge in. Yeah, so >> The problem is that needs to uh no rise certificate. Yes. Cuz this is a floodway.