meetings are formed the basis for the analysis of the town council with respect to that open meeting long complaint that was filed with the attorney general in connection with it so that many open items that have been closed and think that that's a little too definitive probably and it should be noted the items that have been address nights to consider the response jeffrey and i have provided either finalized meeting minutes or draft meeting minutes that we discussed and voted on tonight's town council for his  town council and indicated that my days go representatives were part of that call and and they were not so in fact it was jeffrey spencer and i speaking and ended that i want to open it up for a discussion among the group about the response and any questions or comments or edits the you have to  to bring to our meeting of this evening here he may he may want the word finally in there i don't know want to manage process that being said i don't think that that we don't take your comments carol to mean that you believe that george's analysis is in is wrong so if we have no other changes then i think that we should take a formal vote so that george hall or town council can finalize the letter and submit its if not own so with that we i think can move on to the continued public hearing about my d s law there are a couple of points that i would like to address upfront and to streamline the conversation this evening so obviously we've had several weeks since the last public you and some issues were raised with the planning board who are actually in one instance with the board of selectmen  directly that i took to town council and had a conversation with him about it and i'd like to just report on that so that we can streamline tonight's conversation and not get hung up on these issues since we do have the benefit of councils advice the first issue is let's respect to ease meant that the town has over the land on which a portion of the proposed driveway is cited though this issue came up i think a while ago it was addressed by both applicants council and town council and in the past week or so another letter went to the board of selectmen raising their concern about it he cements and so that letter the board of selectmen referred that letter back to the planning board and geoffrey and i followed up with our town council and they just want to report the results of that so as he had before our town council advised us that an easement is not a restriction on an owner's use of land so the owner in this case belmonte school is free to make beneficial use property consistent with the easement and any potential conflict down the road if the town were to decide that they wanted to make use of these mentor for a town road for example that potential for conflict in the future really doesn't give rise to empty to any inference certainly that the town is waiving its rights or any actual waiver of their rights so even if the proposed driveway is put into place the town would still have the right down the road to exercise its easement rights if it so chose that town council was very definitive in his opinion on that but he also advised that to give everyone a comfort level if we went ahead and approved the site plan that we could add in as a condition of our decision the inclusion of language in a decision that essentially says that the driver will be constructed on land that subject to an easement of record benefiting certain adjacent land which is currently owned by the town and that nothing in the planning board's decision shall be construed as a waiver release discharge or abandonment of the town's rights so that down the road there would be absolutely no question that if the  expressing concern about issues raised with the americans decide american disability act so i again spoke to town council and i just want our relay his advice this evening just for for the sake of clarity and so that everyone understands that the issues that have been raised are issues that you know the board is taking very seriously and so here in town council has already think was in the packet but for the benefit of act what we have is the authority to require submission of a site plan that demonstrates that it's complying with belmont zoning via lies and only the belmont zoning byelaws  moreover the scope of local zoning laws in this context is limited by the dover and to the application of reasonable regulations on certain aspects of the plan so that's something that we need to keep in mind if it turns out down the line that the proposed building or facilities don't comply with the idea and the town does not in any way become liable for any deficiencies or any eighty a violation merely because the planning board approved say so if delegates goal is in violation of the way it's their responsibility to fix it and if it requires some modification to their site plan then they need to come back before us for approval of the modification but there really is nothing that we can or should be doing with respect to the americans with disabilities act at this time  fact be sort of an overt reaching of our authority to attempt to address the adequacy of the proposed design as and its compliance with federal law where we really need to be focused on the inquiry whether local zoning acquirements have been met subject to the dover amendment ok does anybody on the board any questions to the extent i can kind of feel anything at all right still with that i think that the agenda for this evening is focused on the landscape plan and which we haven't had i think as thoroughly vetted a conversation on with the alpha can't as we have in some of the other aspects of the plan so i'd ask the applicant to present the current landscape plan of the word and then  i'd like us to have an opportunity to ask any questions of the applicant a number of questions came in through e mail and correspondence we can have a conversation about that and i think we also need to go and talk about where there were in a place where we as a board are ready to talk about what a decision might look like including conditions on any decision so it's not clear to me that we will have a lot of time for public comments if any and they think that we could be a pretty detailed conversation that the board needs to have tonight about what plan inventories all of their plants that will be maintained identifies their size and their species and there's also a detail that will show how those trees will be rejected during construction and finally there's a construction fence that runs along the cemetery side the driveway will be a sprinter added to that as he said green colored fabric that will provide a visual separation between the construction area and the cemetery still i guess i have a landscape question and first that i'll pose one of the comments made by a bar and i are related to existing trees and i know we've had conversations and generally the word is in favor of maintaining existing trees where possible on two species of existing tree and so and we have previously asked for versions of a plan that highlighted what the existing trees were and their size so that we could make determinations i think leading to the presumption that we fevered maintenance of of existing trees to the extent possible so i line myers comments on behalf  lone tree lands identified that two of the species of trees there were seeking to save for the that are currently i guess waited to be saved include a number of my way ma if and so i would just like to have a bit of conversation long the board members about whether in light of the fact that these have both been identified as invasion species and their species that  how existing trees should be handled i live in the neighborhood that probably has half a dozen norway maples average on every lot and most of them are doing fine even though it isn't even though we never had it yeah i think i think th in and around is going to do screening greatly in the short time that so for that reason i guess i felt cloth or wall with our based on the submitted information public hearings wise documentation and it struck me that i am remiss in not coming upon this idea in april or may but it seems to me that that as the member of board who deals with planning and traffic and parking every week that i was removed not to ask april or may for a analysis of the emergency access road only vs a a road which is  useful is used all day and a little at night and it seems to me that it would be useful this is really for a site planner or a landscape architect this is really a half a day's analysis to look at the entire campus of the gulf of the belmont day school and come up with an alternative that would persuade us as a board that making the road emergency access only puts such a hardship on the school that we would go ahead and approve it alternately the cemetery board might say we're sorry to have lights that are on every night at ten o'clock but you like the landscaping and that's a trade off that that could be made and i would like to open that up for the cemetery board and for congress of the neighbors to see what that trade off would you like but i do feel like i use a board member or have made a mistake not asking for this in a poll to say what is the alternative to having a full use access  i'm hoping maybe someone from the cemetery board and some of the neighbors might might help with that but change as to my i'd like to understand  i'd like to understand more about what you're thinking here's in terms of what we're going to learn i don't think we've seen even a sketch of what the in and out traffic would look to day school campus how much asphalt is there and how it looks like it's been piecemeal and i understand that because i work for an agency with us piecemeal parking  and that's why i'm saying i'm not i'm not talking about a year's postponement or a month's postponement but i do feel like this is something that we ought to at least consider i don't i don't some so i guess i would just add and to the extent the question is whether there should be have close to dr gray war not i do believe very clearly that ship has sailed we met with the fire chief we received a another emergency access down days cooling is not an option still a proposed driveway is the only option there are a lot of ambiguities around that over and then some to be sure but i don't think that we probably have the power to say you can't have this emergency access road silk the philippines somewhere else not just that's best bet is a misunderstanding of what suggest i'm suggesting that we have to drill we have a site plan that says it is a sixteen hour day lit road and  never we never really took off the table we didn't i'm not saying that the virus is going to change his mind i think we have a choice between an emergency access road or a full use sixteen hour  lighting i mean i don't see how the design of the really designed to change it's really you're saying that one option for consideration should be emergency access on the road expensive as a regular road and in fact when you're in the middle of a feel you're not changing the drainage that are very much i'm not saying that i'm saying yes this is an emergency access only road the lights go away the traffic goes away the fire department still has access i don't feel like as a war we asked the proponent to demonstrate that not circulation this is not from our standpoint it's not an option  very significant number of plantings and i frankly have a lot of concerns that if we were to start over from scratch i would say this is emergency access only what would you give us as a community i suspect that it would be a lot less now and that the community is in a much better place we are not comfortable with the completes i plan with a set of conditions that we discuss tonight and that gets voted down and so be it that they absolutely think that we need to have that conversation tonight so i conditions that are as complicated as these and i don't want us to get to forty five this evening and run out of time to have to have that conversation so i would correct choice for this climate and this project clancy has looked at this conversation that has been had very thoroughly the set of conditions i asked jeffrey to add a condition specifically that says that a report certifying that this maintenance has been done will be filed with the office of community development within fifteen days of the completion of that me and so i think that given the concerns that have been raised by the cemetery commission and other members of the public then it's very important for that report to be readily available all design who wants to come into town hall and go to the office of community development and ask for it to feel comfortable that that's happening the alternative is  that every man on file at del monte school and that someone could you know go to the office there and review it or more likely the more likely scenario that i could see is someone from the public calling up jeffrey so are there any lie just to call issues we should be aware of where we need to impose a condition that the driveway lighting he turned off one hour after all last  jeffrey how do we address to me the word agrees and i think there was some conversation about that you tensional changed to the plan the preservation of the tree planting seasons  to ensure compliance with the traffic pattern and doesn't encourage other forms of transportation carpooling and section nine of the construction management section which is also quite detail includes limitations on the hours of construction including in addition i think since the last our last hearing really into landscape really didn't work so  earth worker grading installation of planetary all of the requires mechanical equipment or heavy machinery by the delivery of any landscape materials that would require a commercial vehicle and yes storm water management system second is the reservation of rights meant that nothing in the decision jodi construed as a way of her release discharger abandonment of the town's he's no rights and finally the ongoing communication with the surrounding neighborhood throughout the construction and the opening of the far as critical to ensure that the surrounding neighborhood is aware of what's going on any other comments questions that placement to maximize screening i think that would be other so those four things that will be anything else  things are intention and we as a community need to do the best we can to balance those interests and so this board tried very hard to listen very closely to everyone to review carefully consider the one hundred and sixty one comments that were submitted in writing over the course of the many months process we appreciate  very much everyone's input i recognize that probably no one is completely satisfied with tonight's decision but i hope that you will all respect it and respect each other as neighbors going forward through the