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L <br /> i <br /> 1. There is no Nitrogen Aggregation subdivision Plan. The Definitive Plan does not meet the requirements <br /> of the Nitrogen Aggregation Plan. The Department of Environmental Protection guidance document <br /> recommends that a plan be prepared to depict the restriction and specification of the number of <br /> bedrooms. The Nitrogen Aggregation Plan is also recommended to be prepared and submitted prior to <br /> Planting Board approval. This was not done so the Definitive Plan is being used as the Nitrogen <br /> Aggregation Plan. (If the Dennis Board of Health wishes to approve with the Definitive Plan that is their <br /> decision but Mashpee does not have to follow that). <br /> The Department of Environmental Protection Guidance Document recommends that the Grant of Title 5 <br /> Restriction and Easement be submitted in draft form. This was not the case Dere. The applicant has <br /> submitted an executed copy of the Grant. <br /> . The Definitive Plan does show side slope easements that are part of the road layout. Typically} the <br /> slope easements are required to be vegetated and maintained. If this is true then the area must be <br /> discounted from the allowed credit area. The Planning Board may have information regarding the side <br /> slope areas in their subdivision plan approval. <br /> 4. A recordable plan of record should be prepared and signed by at least a registered land surveyor. <br /> Matthew Haney, manager of BCDM,.LLC introduced himself to the Board. <br /> Mr. Haney stated that this subdivision tools place in 2014. At the time the Board recommended that a Nitrogen <br /> Aggregation Plan be required. The Nitrogen Aggregation Plan is part of the Department of Environmental <br /> Process. This is a Zone 11 section of town, and in a Zone 11 the number of bedrooms must be maintained for <br /> even 10,000 square feet. Credit land from the open space is proposed to be used to obtain the number of <br /> bedrooms needed. Mr. Haney discussed the Department of Environmental Protection template referencing the <br /> facility land and the credit land. <br /> Ir, Harrington provided the Board of Health with a copy of the previous two subdivision plans that the Board of <br /> Health approved. These were for existing subdivisions with the lots still vacant and no existing permits. After <br /> .1995 additional credit land was required in Zone 11 because the properties were not developed. A Nitrogen <br /> Aggregation Plan, where the individual plan and individual properties: was listed with its own specific lots and <br /> its own specific areas. The plan is studied for specific nitrogen uses and nitrogen sources. The Grant of Title v <br /> Nitrogen Easement and Restriction is prepared and recorded with each of the properties. <br /> Mr. Haney inquired of the Board what exactly are they requesting. Brian Baumgaertel commented that he <br /> would like a Nitrogen Aggregation Loading Plan that references those particular documents and shows the <br /> calculations per lot. <br /> Mr. Harrington stated the plan that Mr. Haney has'in his possession does not reference anything regarding <br /> nitrogen aggregation. When the plan was designed, nitrogen aggregation was not referenced. The Department <br /> of Environmental Protection Guidance Documents state the plan should be prepared for nitrogen aggregation <br /> before presenting it to the Planning Board with the calculations on the plan. Nowhere on that plan indicates <br /> there are no other nitrogen sources. There is no land surveyor or professional engineer making any statement <br /> indicating there are no other nitrogen sources on that plan. <br /> Mr. Haney has requested the Board to forward the nitrogen aggregation plan to Town Counsel for review and <br /> approve the plan subject to Town Counsel's decision. He claimed his plan is a recorded legal document with <br /> the attached sheet referencing the plan. Mr. Haney did not feel a-separate plan is necessary. <br /> Brian Baumgeertel stated that the Definitive-Plan does trot show side-slope easements. The concern is use of <br /> the edges near the roadways. In Mr. Haney's documentation the lots that are planned as credit land go right up <br /> to the roadways. <br /> Mallon Langler commented that the more appropriate question for Town Counsel would be is the Board within <br /> the rights as a Board of Health to require additional documentation 9, <br />