The planning committee continued to demand at its Monday night meeting to cancel the requirement to rebuild approximately 400 feet of stone walls in the three subdivisions on Foxhollow Road as part of the previously approved plan.

Foxhollow is an Open Space Land Conservation Development (OSLPD) near Pond Street.

Engineer Eric Dias, on behalf of the applicant FTC Foxhollow, requested amendments to the originally approved plan, which required the reconstruction of the demolished stone walls on three subdivided plots.

“It is intended to serve as a permanent immovable barrier between Lots 10-12 and the spring pool buffer zone,” Dias explained when talking about the stone wall. He pointed out that the land there is sloping, which he said is a natural buffer zone.

"Our feeling is that this wall becomes a bit redundant as a permanent immovable barrier," he said.

During the construction process, the septic tank system originally planned for the front yard of the plot was moved to the back. The stone wall will be built on the land where the septic tank system is located, but if the septic tank system is to be replaced in the future, the stone wall will need to be moved.

“Due to the decisions made during the construction process, they cannot be built in the front yard,” Dias said when explaining the septic tank system. "They must be built in the backyard."

Chairman Gary Trendel replied: "Too bad, they didn't consider this before they built the septic tank system later."

Diaz also pointed out that the Preservation Committee has noticed that there is no need to build a permanent immovable barrier, the existing markings on the tree are sufficient.

Trendel stated that these plans show a retaining wall to be relocated and expressed a desire to keep a stone wall there. The previous wall was an old field stone wall, Dias said it was in disrepair. He asked if the 400-foot stone wall could be "used in a better place."

Diaz added that after member Dave Paul asked where the stone was, the stone wall was rebuilt along another part of the road.

According to Dias, the landowners of the three plots signed a copy of the application requesting changes.

In order to rebuild the walls, stones must be imported and construction work completed, which may put pressure on the land where the septic tank system is located.

The property behind the lot is owned by the Sudbury Valley Trustee. It has been transferred to SVT as part of OSLPD. The opinion of SVT was not sought because the wall is not on its property.

Vice Chairman Mary Larson-Marlowe stated that the purpose of the previous plan was to protect the stone walls there. The maintenance of the septic tank system is also worrying. She suggested moving the stone wall to the tree line instead.

"Just because they disappeared, there is no reason for me to cancel it," Trendel added the stones. "In the final analysis, this has been planned. For me as a developer, considering that Stonewall plans to relocate, they should either keep them, relocate them, or do something with them. But this is the problem they want to solve. Not our problem."

Diaz said that some of the stones were used to build the stone walls along the right of way. The other lots have been sold, so it is not possible to relocate the stone walls on it without the owner's potential concerns.

He added that for Lot 10-12, the owners have no objection to removing the wall from the proposal; however, there was no discussion about whether they wanted to build a wall.

Chief planner John Gelcich said that the owners of these three plots are basically applying for changes to the plan together with the developers.

Member Jane Moran suggested that the Zoning Advisory Committee study if developers decide to make changes during the construction process, whether they can be asked to submit their opinions to the Planning Committee.

In order to deny the request, Gelcich explained that he must object to the reasons why the application did not meet the subdivision requirements. Decisions must be based on standards.

"It has nothing to do with whether we like it or not," Trendel said. "The key is whether it is consistent with the previously approved content."

In order to allow members time to review the subdivision rules and drawings before voting, the board of directors unanimously voted to continue the hearing until the next meeting on December 20.

Legacy Farms North approved fence

Nisheeth Chaudhary spoke on behalf of the applicant Legacy Farms North Homeowners Association Committee on the placement of a black chain-link fence in the Legacy Farms North district to protect a plot. He said the community consists of more than 400 homeowners, many of whom have children, and the property stretches from Main Street to Highway 85.

Chaudhary expressed concern that if there is no fence, children will easily run onto the main road. Since the plan was proposed, fences have been installed on part of the playground. The front of the 4-foot-high fence is made of black aluminum and is 12 feet from the sidewalk. The back will be a black chain link. The park has three entrances, and the gate has a latch.

Gelcich said that small changes to the site plan like this are considered landscaping and safety measures.

The vote was to determine whether it was considered a minor site plan modification, and after a brief discussion, the board of directors unanimously approved this.

At the beginning of the meeting, the board observed a moment of silence for Frank D'Urso, a former planning committee member and community activist on multiple fronts, who died unexpectedly last month.

"I think this may shock all of us," Trendel said, "because we may all have some memories of Frank in many different ways. When I think about his legacy in many different ways, he is A champion of the environment and a champion of solar energy, and a person who always puts the family first."

Member Shahidul Mannan was appointed by unanimous vote as the representative of the Planning Committee on the Community Conservation Committee. Sujay Kharade was appointed as an alternate seat on the design review committee.

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