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The Town Planner reported that the Board of Health has reviewed and approved <br /> the Definitive Plans for the Flat Pond Subdivision, as of October 10, 2007. <br /> There being no further Board, Staff, or Public.comment the Chairman entertained, <br /> a motion. <br /> MOTION: tennis Bal aria made a Motion to close the Public.H aring in this <br /> matter; which Motion was duly seconded by Myrna ana Nuey and so voted unanimously. <br /> MOTION: Tennis Bal arini made a f irther Notion to approve the -Lot <br /> Definitive Subdivision Plan Modification; which I lotion,was duly seconded by Thomas <br /> O'Hara and.so voted unanimously. <br /> Performance Guarantee <br /> Arthur Pagani— 149 and 221 Noisy Mole Road <br /> Request ofRoad and Flood Covenants <br /> The Chairman called this utter to order and recognized Attorney Benj .ire J. <br /> Losordo, representing the Applicant. <br /> Attorney Losordo indicated that copies of all plans have been provided to the <br /> Board Members for their review,, as had been requested. Also, Applicant's engineer has <br /> been in contact with Mr. Rowley regarding the plan requirements for both lots with <br /> regard to runoff issues. <br /> Attorney Losordo stated there are two issues being addressed, flooding of the lots <br /> and adverse impacts thereof to the abutters. He made reference to the plan indicating the <br /> historic high grater mark at the 41-foot contour. He also indicated the location of the <br /> home on the lot, the top of the foundation is at 4 . -ft. and the grade level at the house is <br /> 4 -ft. The house will be 4 or -ft. above the-historic high water level. The containment <br /> system will not displace any groundwater. <br /> Making reference to Lots 8 0 and 81, Attorney Losordo stated that the historic <br /> high water level Is-44. -f. and the top of the ditch is 44-ft. <br /> The Applicant is suggesting that the covenant release be conditioned upon the <br /> cellar Moor being constructed above the historic high water level. <br /> Attorney Losordo stated the impervious house runoff is to be contained into a <br /> catch ba. in, the bottom of which is to be located at 4 . -ft. <br /> Attorney Losordo argued that it is not the rainfall that contributes to the flooding <br /> in this area, but rather the water from Mashpeewakeby that flows into the bog on the <br /> other side of Route 13 o. He stated the Town Controls the water levels-at the lake in order <br /> to provide for the herring, and apparently is the cause of problems downstream into the <br /> bog. <br /> 5 <br />