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The Somerset Planning Board meeting on July 21, 2026, primarily focused on two stormwater permit applications. The board unanimously approved the application for Brayton Point LLC for the property at 1 Brayton Point Road. The approval was subject to two conditions: adherence to the technical memo from peer reviewer Rue Associates dated July 14, 2026, and a requirement for the applicant to conduct surface water sampling at two locations in the cooling canal, with the data to be made public. Kyle Varela, a senior engineer representing the applicant, agreed to the conditions. A brief discussion also touched upon the town's authority to regulate pollutants beyond state requirements, such as heavy metals. The second major item was a stormwater permit application from Mark Raymond for a proposed Taco Bell restaurant at 721 GAR Highway. As the peer review by Rue Associates was not yet complete, the board unanimously voted to continue the hearing to their August 11th meeting. The board also handled administrative matters, including reviewing a Chapter 91 license for an existing dock at 96 Anchor Drive, for which they had no comments to send to the DEP. They unanimously approved the minutes from the May 6, 2026 meeting and voted to continue the approval of the June 9, 2026 minutes to the next meeting. The meeting concluded with a unanimous vote to adjourn.
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6:382026 and 6 p.m. at the old Somerset Town Hall 1480 County Street Somerset Mass and we are being recorded. We'll have roll call of attendance for each board member. Lloyd Mindy's here. Bill Raposa here. Tim Turner here. Carrie Simons here. Nicole said that she was unable to make it tonight. So I'm going to drop right down to stormwater permit application for a bringing point
7:06LLC for the property located at one bringing point road. Somerset assesses map A2 lot 02 and lot A14, lot 26 for decommission and remaining structures associated with the former cooling towers, grading to support future water -dependent power generation development and installation of a comprehensive stormwater management system, to manage
7:29stormwater runoff to be protective in the site's adjacent critical cellfish rowing area, including destruction of water quality basins. Continued from 526.26 and 6.9.
8:03Kyle Varela, professional engineer, my senior engineer with Root 60s. I work my senior engineer. Kyle Varela, and the company? Sorry?
8:14It's right at the top of the paper. You're not a subsidiary. My question was, you pointed out that the total phosphorus requirement was just a town requirement. I didn't realize that until you pointed it out. It's not a state requirement. um could this town have a regulation to also control more serious pollutants like heavy metals if if they if we had the uh
8:41the authority to impose a a non -state regulation like phosphorus why not something more important like heavy metals the town does have the ability through its bylaw process to impose more stringent requirements than what the state has my understanding is that the stormwater management rights right now only high My understanding is that the
8:59stormwater management regs right now only have requirements for total suspended solids and total phosphorous, but should the board change that in the future, that is my understanding that the board is right. Those were my only questions, Mr. Chairman. I could have told you that.
9:27we can point ahead and follow Rue's. Yeah, we didn't have any issues with Rue's letter. We're going to be providing, I think, all the documentation that Rue pointed out in their letter to the Conservation Commission anyway. So it's just a matter of adding whomever you all want to designate. if it's Amy, yourself, if you want Tim to share documents as his past is
10:02the Conservation Commission agent, however you all want to do that. But we'll be, all of the documentation. You can send one to him and you can send it to Amy for the planning board. Yeah, yeah. And we're happy to do that. Yeah, because you get the stuff for the construction, some of the construction stuff is omitted, which you have to submit at some point. Yeah. And the final thing in the
10:25end, we need all that information before, I guess, you get your final approval. I guess it's done. I think the only thing that was in the letter that we don't have yet is the O &M plan documentation, the contract. There were two items that we recommended be included in. the condition. The first was an updated schedule and sequencing of work for construction activities. And the second
10:57were the maintenance agreements, which we recommended be provided prior to completion of construction, once they actually get closer to needing to do maintenance on that system.
11:11So once we have more approval, we will reach out to our contractor. well I've got to confirm with conservation commission if they need anything else beyond the planning boards approval and then we'll have our contractor man for providing updated schedule for everybody us included so okay Kyle everything's been satisfied as far as you yeah Kyle everything's been satisfied as far as
11:43you're concerned that allows the same of DHB that is correct on Bruce and we found that the application and its supplemental documentation met the requirements of the stormwater management regulations which is stated in the last paragraph
12:08I'm okay with it as long as they follow what Rue's recommendation is. Mr. Chairman, do you want a motion that includes the conditions or do you want to vote on the conditions first? Because Rue gave some specific... No, it's in that letter anyway, so if we, on Rue's peer review on it, that whole review, if they follow everything on the whole review, then I don't have a problem. Then how
12:32about we condition it that they follow the letter of July 14th from Rue. Conditioned that they follow the letter of July 14th from Rome. Yes. Thank you.
12:40I would also like to include the condition that we discussed at our last meeting about this, that they sampled the surface water at the cooling canal that goes into Mount Hovey, the same way that they sampled Fox Hill Cove water. No, I don't party in motion. All right, then, Mr. Chairman, I move the board to accept the stormwater application submitted by Ringpoint LLC, subject to condition
13:11number one, that the applicant follow the memo, technical memo from the peer reviewer rule of July 14, 2026, subject to technical review of stormwater permit application memorandum number one, one Ringpoint Road, Somerset, Mass. condition number two that the applicant sampled the surface water the applicant should conduct surface water sampling at two locations at the upper end where it
13:50is separated from the lower supply basin by a rip -wrap and at its lower end where it meets mouth opening, and this sampling will target the same pollutants, in the same manner, at the same sampling frequency, as the order of samples, Fox Hill Cohen, and that these sampling data will be shared with John Sonset and the public, as well as with MassTEP, if MassTEP still wishes.
14:14And I only said that, Elizabeth, because when I raised this at our last meeting, you said, sure, that's the purview of the planning board, if they want to.
14:24I'm not sure who I would submit it to at MassDEP. It says, my condition says, if MassDEP so wishes. Oh, sure, yeah. We'll absolutely provide copies if someone reaches out to us. But it would be part of the public record? Yes.
14:41So that's my motion, to accept the stormwater application subject to those two conditions.
14:47I'll second it. Motion made second. All those in favor? Motion in his eye. Bill Repos, aye. Tim Turner, aye. I'm Gabby Simon, aye. Well said. Okay.
15:01I will be in touch with you if not tomorrow then on Thursday. Okay.
15:08And just give me the, you know, at whatever point the planning board has a copy of the approval letter just email it, and then we'll go from there. And I'll reach out to Manfort and let them know that we're moving forward.
15:30Anything else from us? Well, I want to stay for the next one, it's fine.
15:39Oh.
15:50Thank you for your time. Since we're down there on that, we'll go to the stormwater permit application. Mark Raymond. Good luck. For property located at 721 GAR Highway Summerset. Assessors map A9 lot 226 for proposal Taco Bell fast food restaurant...to parking, utilities, and stormwater approved.
16:12Continued from 5 -26 -26. I've been informed.
16:18Jump in here. I was just saying, Rue hasn't completed the stormwater review yet, so there's a continuance. The applicant has sent me an endorsed continuance to the end of August. So we just need to pick a date in August for our meeting. we have anything else coming up besides that not that i'm aware of at the moment excuse me back there elizabeth thank you let's see
17:02August. The 11th is our next meeting.
17:08Okay. It could be 11th or the 25th.
17:14I can't have it on the 25th. It's my birthday. Oh, okay. Birthday boy. Alright, so August 11th. It is my birthday. I've heard that a week. Are they going to need more time? No. When I talked to Rue last week, they said they should have that review to us sometime this week. Okay. So I'll take a motion to continue the application for Taco Bell to August 11th. So moved. Okay. So I'll take a motion to continue.
17:39Second. Motion made and second. Is that at 6 p.m. in the regular meeting room? Yes. Okay. Motion made and second. All those in favor? Lloyd Mendes, aye. Bill Reposo, aye. Gary Simons, aye. Okay, we can back up on new business endorsement approval, Mylar plans before you guys go, okay, you've got to sign them. Mylar plans before you guys go. Okay. Chapter 91, 96 Anchor Drive, irrevocable trust
18:06for 96 Anchor Drive, Somerset, Mass. Anybody hear from that?
18:14Okay, that's a dock. I believe it's part of its key existing. Yeah, if, all right, straight key off.
18:27and it says, License and existing Jetty Sea will be jacked this year's. That's the point. Okay, it's right on the side though, Gary. Yeah, it's right next to it.
18:38Right next to the one you and I looked at. Yeah, we did look at that one. Or is it the same one? No, not this one, but we looked at the one next door. It's next door. It's the one on the side of it. Right. So basically he's doing the same thing, repairing the wall and the dock and then certifying. All in the dock and then certifying. Yep, he's going to repair.
18:54I don't have any problem with it. I don't either. Lloyd? No, they've come before conservation and they were all set. They did. So no comment, just to give to DEP? No. We're good.
19:16I don't know if they even wrote on that. It's already... Oh, we've got to vote on that. What? No, that goes up to the...
19:26Never mind. Okay, what's the next thing? Um...
19:32Minutes. Vote on minutes. 5 -6 -26 and 6 -9 -26. If ready.
19:41We've got to do the 5 -6 anyway. is the is the 9th of June ready yeah I didn't provide them because I didn't see them Is the 9th of June ready?
19:53oh well I mailed it to you um but if not then never mind all right then well there's May 6th that's out May 6th that's that's the one we really need to move I'll make a motion to waive the reading of and approve the minutes of May 6th 2026 I'll second that.
20:12Motion made and seconded. All those in favor? Lloyd -Nagy's aye. Bill Reposa aye. Deputy Attorney General aye. Gary Simons aye. I'm going to need a motion to continue 6 -9 until the next meeting. So moved. Motion made and seconded to the minutes. Seconded? Yep. You. No, nobody yet. Ah, me. Okay, I seconded.
20:35To move, to continue the minutes of 6 -9 -26 to August 11th. 6 -9 -26 to August 11. Motion made and second. All those in favor? Lloyd Nuggett is aye. Bill Rippo's aye. Tim Turner aye. Gary Simons aye. Anything else? Nope. What do we get is to decide those plans that we've already had?
20:56Just before you guys go, you've got to decide the plans. I'll make a motion to adjourn. I'll second that one. Motion made to adjourn.
21:06Motion made and second.