[Music] Hearing is now called call to order at 6:00 p.m. Um, this hearing is being held under the requirement of by the provision of chapter 131 section 40 of
the general laws of the commonwealth and act relative to the protection of the wetlands as most recently amended. Notice the time and place of these hearings was published in the behav 225 and September 5th,
225. Also posted in the town's clerk's office. This meeting is being audio and videotape. Persons wishing to be held will be called in the following or with order. I'd hesitate a motion to open the public meeting. Motion to open this
public hearing. I have a second. Second. All in favor? I I Okay, we'll start right out. Minutes for approvals. There are no minutes right now. Mark, any meeting mail? Uh,
no. Okay. Any old business? No. Okay. So, continue public hearing 101 Lake Street, New Bethford Reservoir, Lakes 1, 2, and four, map 3, lot 13, map 4, lot 49, and map 19, lot
3200595. A notice of intent was filed by James Kelly Town for the property located at the New Befford Reservoir, lakes 1, 2, and four. The applicant proposes the removal of the route of embedded weeds from the areas of the New Bethford reservoir lakes 1, two, and
four located in the cushioning using an eco harvester. The applicant applicant is represented by Scott Daget, Lake Street Improvement Committees Review of Matters presented. Votes may be taken. I'd like to entertain a motion to uh continue the public hearing. So moved.
Second. Second. Okay. All those in favor? Hi, Scott. Mr. Good Lake Street Improvement Committee uh along with uh Mr. Gary KPA of the Lake Street Improvement Committee. We're here tonight to uh
hopefully get a vote um get approval and get a vote to finally close out this hearing. Um get the uh order of conditions signed and then I can go ahead and get them reported. Okay. So, what I think the best thing to do, Scott, was I'll come right out and
read the whole order of condition. Sure. And uh then we'll go from there. How's that sound? Sounds good. Since it's been a while, I think that's a good idea. Okay. Um before I even read, Scott, I just want to kind of give you one suggestion. I know that the first one is eliminated condition uh eliminated
coffee. You might want to think about putting a mailbox on property right on the site. So, this way you can keep all your paperwork in it. anyone ever pulls up and not just us like DP or anybody pulls up everything is right on site in a mailbox and Naomi's suggesting this I've done it many times on our sites and
it really works nice because even if people are passing each other so with that being said a temporary mailbox yeah no numbers on it no nothing it's a site box you know what I mean and now it gives anybody so if they're out there working on the water and someone pulls
up and says oh where's the thing in the mailbox right and it just it gives a really nice location. You might want to lock it on the weekends or whatever, but I'm just, you know, it's just a suggestion. Yeah. So, with that being said, aquatic plant manager projects in lakes and pond are subject to the
jurisdiction of the wetlands protection act MGL chapter 13140 and the associated regulations in 310 CMR10. Okay. Number one, a limited copy copy of the order of conditions and the
general operational plans shall be on site during weed removal operations. Number two, no work occurred between April 1st and June 15th and order to avoid minimizing the project impact spawning river heron hurricane presence in the lake time of year condition per
DMF letter. Number three, the applicant shall provide the commission and its agent with two weeks notice prior to beginning work on site. Number four, prior to beginning removal operation, the applicant shall provide the conservation commission and the agent with the overall operational details of
the project, including the proposed timetables for work, the location of staging areas for the project, the point of action, the site access for eco harvester, and any necessary erosion control measures that need to be implemented to prevent siltation
resulting from the work entering the adjacent waters in the event the bank is disturbed. Number five, prior to weed removal operations, general areas of target species for control and areas of non-target species shall be identified
and indicated on a map of appropriate scale, the applicant shall take all feasible measures to avoid impacts to non-target species. Number six, prior to the start of weed removal operation, the applicant shall identify the on-site
locations that will be used for the dewatering and handling of the aquatic vegetation removed and provide the information to the conservation commission and its agent. The applicant and number seven, the applicant and the operator shall record the general
location and approximate amount of aquatic vegetation removed to assist the project evaluation and monitoring. Number eight, the applicant shall re record monitor any area of bank or any other adjacent resource area disturbing
during weed removal operation. This information should be geoloccated and included in the final annual project summary to facilitate monitoring potential pioneer infestations of noninvasive aquatic species.
Number nine, the applicant and any persons involved in work were subject to the OC should notify the commission or its agent immediately upon discovering any matter related to this OC that may affect an area within the jurisdiction
of the commission. Number 10, a spill spill kit shall be sent on the site at all times during operation. On-site absorption absorption materials shall be maintained for using containing accidental spills. The
equipment operators shall be prepared to respond immediately to any accidental releases of fuel, motor oil, lubricating oils or other potential contaminants. In the event that any such spill occurs, the issue of throny shall
be immediately notified and contaminated areas shall be treated according to the guidelines established by the D Bureau of Waste Site Cleanup, PWSC 11. The applicant shall provide the commission and agent with general description of the shore side dewatering
process and the materials that will be used including shore side location. A general description of the process, the approximate amount of time vegetation needs to be watered prior to transportation. Any necessary containment measures that will be
employed and the materials needed uh ground tapes, stakes, whatever. 12. Containment measures shall be implemented to prevent the disturbance of aquatic invasion vegetation during the onshore deeding dewatering process.
Potential measures include state caps and deployment of a temporary containment barrier such as straw water. 13. The applicant shall coordinate with the accushion department of public works for the transportation of aquatic vegetation removed during the project.
Number 14. During transport transport, the removed vegetation should be securely contained within the vehicle bed using a top or other method to prevent inadvertent disad inadvertent dispersal of invasive aquatic vegetation
to order other body to other bodies within the town. The removed vegetation shall be sequestered sequested from other on-site materials that is mulched for a minimum of one year to ensure that the invasive
vegetation is not in inadvertently spread through the disposal of Bible fragments. The act 16 the applica in collaboration with DP the commission and the agent should be prepared to consider other disposal methods such as
incineration as necessary. 17. The applicant shall coordinate with the commission, the agent, and other parties to develop out outreach materials to educate the public about the problem of invasive aquatic species and measure to
prevent its spread. 18. The applicant shall coordinate with the commission, the agent, and other parties to develop signage for posting on site to educate the public about the issue of invasive aquatic vegetation. Number 19. The applicant in accordance
with the commission of the town of a cushion it should develop a roll out strategy to highlight the project and its goals. Local media should be notified the towns and the town officials identified to speak to the uh these outlets in order to promote the
work and the appointment of conservation. Number 20. The applicant shall provide a brief written summary of the overall weed removal activities within 30 days of the completion of work. Number 21. The application in collaboration with the commission and
the agent as well as other interest parties should meet sometime in the fall to review the project and any challenges encountered as well as potential opportunities to enhance and improve future weed removal operations. Number
22. The applicant in collaboration with the conservation commission agent members of the Lake Street Improvement Committee, town officials and other interest parties should meet to discuss the development of a long-term management strategy for the overall
ecological health of the affected watered bodies to ensure maintenance of recreational opportunities for the public. Batman up ahead. All right. So, with that being said, I'd like to entertain a
motion that um see how do I want to word that, Joanne? Motion to approve these and the original. Right. Okay. So, we're going to entertain a motion to approve the standard order of conditions as well as
the special order of conditions. Make the motion. Do I get a second? Second. All those in favor? I I I There you go, young man. Thank you. Can I ask Scott one question? So, Scott, I
know you've got something going on. I know you have something going on this weekend. Is it this weekend? It's clean of cleanup. So, so Saturday at 10:00 a.m., just put the word out there. Um, I'm going to be out there picking up
litter. Um, trying to find volunteers. So, I put on uh the All Things Cushion Facebook page, you know, a request, let people know that I'm going to be out there picking up trash, try to get volunteers. So, just to throw that out
there. It's going to start at 10:00 a.m. Um, going to meet at the uh picnic tables on the beach. Bags and nitro gloves and Close. Yes. Public time will be supplied. All right. With that being said to Scott, I'd like to entertain a motion that we close the public hearing
of Lake Street. Motion to close this public hearing on Lake Street. I'll second. All those in favor? I. I. There you go, young man. Scott, I would just like to say on behalf of the commission, I know years in the making here, you guys have been working very very hard as
as a small group to get this project underway. very diligent. Good luck. Um, thank you. Good luck. I I I think this is uh going to be a huge asset to this town if we can accomplish what we're
we're striving to do. Um, good luck. Thank you. Look forward to getting it started. Okay. Next continue public hearing and storm water.
Yeah. White Farm Incorporated 211 Middle Road, map 23, lot 29 29A and 29B uh SE 0010596. Notice of intent and stormwater application was filed by Zachary Parks,
Middle Road LL property located at 211 Middle Road, map 23, lot 29, 29A, and 29B. The applicant proposes to construct a groundmounted solar array on a portion of the open fields within the pro uh
property located at 211 middle road in a cushioning. Work is limited to the 100 buffer 100 foot buffer zone to a bordering vegetated wetlands and bank. The applicant is represented by Sarah Sterns of Beiels and Thomas Incorporated. Plan name is Middle Road
PF solar development dated September 10th 2024. Um the applicant has requested a continuance to the May 28 225 meeting. With that being said, I'd like to
entertain a motion that this gets continued the public hearing gets continued to May 28, 2025. So move. I got a second. Second. All those in favor? All right. Okay. Next. Request for an amended order
of condition applicants uh Sappa Park Drive LLC owner Whites Fab Incorporated off Park Drive SE000010553. A request for an amendment to an existing order of condition were filed by S Copper Park Drive LLC for property located off Pac drive map 17
lot 22P13. The applicant proposes to install a solar protovol array consisting of 4,999 kilowatts and battery storage
project within the 100 foot buffer zone to a bordering bedroom and wetland. Revisions include wetland crossing areas and wetland flagging. The applicant is represented by Matthew Connors of Wesson and Samson Engineers. Plan name is Park
Drive Solar PV Development dated December 10th, 2020. Revised plans dated March 20th, 2025. Reviews of matters presented. Vote may be taken. I'd like to entertain a motion to open. Motion to open. Second.
Second. All those in favor? Hi. Hi. Uh, good evening. Thank you, Mr. Chairman. Our wetlands consultant is still working his way here. He got stuck in some traffic on Route 24. I'm happy to proceed. I don't have the plans with me. I think some of our discussion tonight is uh just an update, procedural
update and questions. But I I'd leave it to you if you want if you want to put us after one or two other items on the agenda and wait for him and review plans. We can wait or we can proceed right now without those. Um what do you think guys? Do you want
to We can skip a couple. I think we can do the couple slogan streets and then come back to this. Okay. So what I'm going to do Oh, Mark, you got something to say? I was going to say it makes sense. I'd rather I'm going to do is I'm going to entertain a motion.
to take this out of order and put it from three beyond this one. Motion. Y second. All those in favor? I I. Okay. Public hearing stormwater global
property services 15 Morningside Avenue. A stormwater permit application was filed by Global Property Services for property located at 15 Morningside Avenue. Map 16, lot 48. The applicant proposes constructs a four bedroomedroom residential group home with associated
access drive. Parking lot surface sewage disposal system utility utilities and bio retention area. The applicant is represented by Robert Rogers of GAF Engineering Incorporated. Plan name is
site development uh dated March 26, 2025. Um the applicant uh was withdrawn on May 5th, 2025. Review of matters presented. Votes may be taken. So what I can say to this is I don't know if there's anyone here in the
public for We still open Oh, I'm sorry. I'm sorry. I'd like to entertain a motion to open the public hearing. Motion to open the public hearing on this case. Second. All those I I Okay. Anyone from the public have anything with Morningside Avenue? I live there.
Okay. Would you like to come up and say anything before I uh They're withdrawing. They're withdrawing the application. The reason they're withdrawing is because they're exempt of a storm water permit and they're exempt of the zoning and um everything else on
that property being a grow group home. So when they sent it to us for a storm water, I actually started looking into it. It's um it don't need a storm water and it don't need no zoning or anything. So that's why they withdrew from it.
So that means it it will move forward. Correct. It will still move forward. The project will move forward, but the conservation commission doesn't have nothing. Is this a nonprofit organization? It's a group home. So I'm going to say 99% of the time they are. And that's why
they this doesn't flag a commercial building. That's why this doesn't flag anything except for a regular residential lot. That's you know what I mean? The company building it is a forprofit company out of a
even though they carry aorg designator they are for profit and they build group homes primarily for mentally challenged and things like that traumatic brain injury. All right. I don't want to go too far on this sir and I don't want to cut you off. The only
thing I'm saying is that we can only deal with what's in our jurisdiction and since what you're talking about is out of our jurisdiction. It's kind of like which is not needed tonight. Um you can go maybe to the planning board building department. Um those are the two
departments I would think about going to. Um like I said, we just took and the reason they withdrew is because they thought they needed something. I actually started looking all into it. I went to the building department. I went to the planning board. Um, and that's why I know that this was taken and
they're exempt all of it because of a group home. Okay. All right. Yeah. Okay. So, with that, anyone else? Oh, we're good. Okay. With that, I'd like to enterain a motion that this gets withdrawn. Make the motion to withdraw.
All those in favor? I I entertain a motion to close this. Motion to close this. Second. All those in favor I I All right. Next public hearing NOI Storm Water Kushner
Company Force Slogan Street SE 001 0604. A notice of intent was filed by Kushner Company for the property located at Forum Street, map 25, lot 24. The applicant's project is an implement of
comprehensive remedi remedial action plan which includes excavation and stabilization removal of impacted soils from the property and wetland resources area. The applicant is represented by Kyle Aiging Pigian Aian of Woodward and
Curran Incorporated. Plan name is Sloum Street in and fractured infrastructure infrastructure improvement dated May 24th uh 2024. Review of matters presented. Votes may be taken. I'd like to entertain a motion to open the public
hearing. Motion to open the public hearing on this case. Second. Second. All those in favor? I go right ahead, young man. Great. Thank you very much. Good evening. I'm Kyle Kian with Woodard and Curran. um here on behalf of the
company. Um also here is Andre Egan uh with Kurin who's the licensed site professional um for the um the MCP clinic of the site and Kevin Kelly with the Kushner company. Um, I have the affidavit of service and just and the
information about the audition. Okay, those are the cards we've received so far. So I can um I can start by providing some brief background about the the property itself. Um and then um Andrea the LSP is also going to discuss the
implementation of the work. Can we put that track in? I can I can Thank you. Thank you, Cla. Yeah, sure. Thank you. Okay. And um I'll just mention that on
the agenda, I think maybe there was just a copy paste thing with the name of our plan. It seems to be the same as the the next item on the on the agenda. They were very similar that I noticed that. Yeah. Yeah. Two plans
for the one for the right. Yeah. One is zero. Yeah. Yeah. Yeah. Just just for completeness. I think they they both say that the plan name is Slo Street Infrastructure
Improvements which file. One says project yours says street infrastructure improvements dated May 24th and the other one was for the alcohol pipe storm drainage I mean welcome street infrastructure improvements project
they closed but I don't think that that is in fact the name of our plan it's not it's not infrastructure improvements I can correct that yeah you might work on our remeal program Is that the notice of intent? Is that
Yes. Oh, okay. I might have picked it up right from the plan. Remedial plan. Remedial plan in the same I have a date correct that order of conditions. Yeah, that's not very That's okay. When I looked at the actual plan I picked up. Yeah, maybe just for
the for the record. So, Um I know that I know that commission visited the site um last weekend. Um there was some discussion of some specific conditions um and I saw that we handed out those draft
conditions now. We can talk about about those um are consistent with my understanding of the discussion at the site. So that's that's great. Um so fundamentally this is a uh soil remediation project associated with a
site cleanup under the Massachusetts contingency plan. Uh there's soils in discrete portions of the property in the site um that uh contain elevated concentrations of metals and petroleum
constituents better. Um and these concentrations present a risk to human health in the environment. Um so some of these soils will be excavated and disposed of offsite and um other soils will be
treated on site and um to stabilize them and reduce risk of the contaminant mobility. And this project since it is a MCB cleanup qualifies as a as a limited project under the wetland protection act. Um, and there have been there have been
previous filings with the commission over the past several years associated with this project. Um, request for determination ofability. Um, primarily associated with investigatory work, soil borings, vegetation clearing associated with soil
borings and that that type of thing. And then this is the um the cleanup work that would be kicking off associated with that investigatory work. So just to give everyone a sense of the the site
features um Slokum Street is off the map here to the north. Um the Kushnik River is to the west and south of the site. The um the red line here outlines the um the limit of work where the where the work would take place as well as a small
area up here in the in the parking lot. Um this portion of the property itself, it's a mix of of forested um habitat, open habitat, and sort of scrub scrub land
habitat. Um the pro it's it's mostly uplands. Um there was a resource area delineation completed last fall um to flag the wetlands. The um bordering vegetated wetlands on the site are represented here in this green and there's a small
portion of the bordering vegetative wetlands that are within the limits of work and within one of the excavation areas. It's um 440 square ft of what would be temporary disturbance. the anticipation that it would be dug out
and replaced in kind. Um, and that's true of of all the work proposed. Um, there's also salt marsh on the site along the Lushnet River here. Um, all of the salt marshes
outside of the limited work. Um there's a bank and coastal bank. Um to the west of the site. Um and then let's see, I also have this other plan shows the
riverfront area which encompasses a large portion of the work area. It's this dash blue line here. And then there's um land subject to coastal storm flowage um that is shown
on an earth plan here which and most of the work is is outside of the um the flood zone. So there are small portions of the limit of work that are within the flood zone and to the degree possible the work area was optimized to say out
of the flood zone and several of the planned site features like the material management area was moved um to make sure that was out of the um all the land subject to coastal storm flowage.
So, so with that um and I'll say also that there's no planned um changes to flow storage volume at the site. All of the restoration would ultimately be in kind to restore the existing topography on the site.
Um so with that, Andrea, if you want to talk through some of the details, the MCP details and the cleanup work. Thank you. Thank you for your time. Thank you for meeting with Carrie and I on site on
Saturday. It was a pleasure meeting with um the four of you um and doing an eyesight walk and going over some of the key features. Um but as Kyle mentioned, if you just come up with your name and I'm sorry, that's okay. That's I'm Andrea Egan. I am the project manager for this project. I'm also a licensed
site professional. I am not the LSP of record for this site. That's Lisa Camp, but I do work with Lisa very closely on the project. So, this project has been um in the MCP framework since 2007 when a release of various constituents were
detected in soil and groundwater. It was reported to DP and since that time there's been numerous investigations that have taken place at the site that have fully delineated the denatured extent of the impacts at the site. Um there's two portions of the site. There's the northern portion that's
shown off plan here um where there's a developed area. We're not going to be doing any work there. All of our work is going to focus on the southern portion of the site which is where all um the vegetative areas are. And we've done uh extensive risk assessment work using the data that have been collected to date.
And we've identified essentially 10 distinct areas in the southern portion of the site that are contributing to excess human health and ecological risk primarily due to the presence of petroleum and metals in soil and groundwater. Um and so um we've gone
through and we've delineated these 10 areas um through instit what we call institu investigation work. So we gone to each of these excavation areas. We've put soil borings around um the areas to and then collected samples to identify
what soil needs to come out in order to achieve a condition of no significant risk and what soil can remain. And that um process resulted in the delineation of these 10 excavation areas. So the plan uh to achieve um a condition of no significant risk, which is the ultimate
goal here, so that we can achieve a permanent solution out here, is to excavate approximately 300 cubic yards of impacted soil from these 10 excavation areas. uh back fill with unimpacted material uh to grade, restore
the site with um you know seated mixture of native species out here and then conduct one full year of monitoring of groundwater conditions to evaluate the effectiveness of remedy. Um and to do uh the excavation
we are going to need to do a little bit of um clearing work and set up some staging areas in support of the excavation. So, we will uh we're proposing for the truck um access to come straight off Sloum
Street down this uh driveway roadway um which comes down right down to the southern portion of the site. And on this plan, you can see um access roads kind of outlined in this black solid line. Uh and the intention is to kind of
have a main loop around the main uh area where we're going to be doing our clearing mostly from this portion of the site. Uh get the uh access road in in place and then from this access road once it's established um through this loop and a few branches that are offset
we'll be able to access each of the excavation areas. We'll have a materials management area staged along the southern portion of the site. And the plan for that area is to have a layown area where we're going to stockpile uh the excavated soils, let them sit there
um until we can arrange off-site transport. It will be laid down with poly on the ground and at the end of each workday, all the stock piles will be covered with poly. We'll also have effective erosion control measures uh in
place all along the edge of the work area as well as at the request of the concom um oil absorbing rooms will also be placed at the edge of the work zone. So that will help mitigate the potential migration of any um water that may have
sheen or other impacts from um making its way down into the sensitive areas. Um up here we're going to have um two frack tanks. Uh the the groundwater table out here is fairly shallow and so we do expect the need to
do some dewatering during each of the excavations out here. Oh, all of them, but some of the deeper ones. And so we're going to have two frack tanks on site as well as a mobile treatment system. So the water that we do need to pump out from the excavations will be pumped right to this treatment system. It will be filtered and then it will be
stored temporarily into one of two prep tanks. and we will arrange for offsite uh transport and disposal of that water. Um so those features will be over here and then we'll have a job trailer over here kind of tucked behind this building here. Um and then there's just
one little area up here that should really not impact any sensitive receptors. It's in a parking lot um off plan. Sure. I think that I think that's a key that's the key overview of what the plan is and what we need to kind of get in place in order to conduct the
work. Andrew, is there uh a plan for anything for matting for the access route in into the deepest parts of of this um site remediation excavation? Um like lay down
mats for the trucks. Yeah, they likely will need to do some of that just just because they'll be it'll be wet and and I guess my my concern is because of the groundwater is is high there um with all of the truck trafficking machines
equipment coming in um the risk factor of that groundwater coming up from all that heavy equipment. I I think of um some type of a matting um to be applied for these um for this
access. I would like I would like to see something for a plan um for that. I also would like to see some type of a plan for um staging area for these vehicles uh in case of something
catastrophic uh to happen uh an oil spill, a fuel spill um with the spill kits. Um so I think what he's saying regarding the parking that just don't park close to the site, you know what I
mean? So we we need to designate and maybe it's where they get the good get. Yeah. This this plenty of area. Yeah. So there's plenty area there. Um and this is actually the sorry I didn't mention this. This is the decon pad. So this is so the trucks will come in access the
site through this path and then they're going to leave the site and go through the decon pad before they leave the site. Beautiful. Beautiful. The mats I think no matter what you're going to have to put them I really think you are going to end up with a wet messy site. some I mean we don't know that I know that you're which I think is excellent.
You guys are looking to do most of this at low tide um which I think you're going to have to anyways. So I think with all being said and uh what we went over I think we're in very good shape. Um so what I'd like to do is um you know
read off the conditions the special conditions. Um you also have the conditions in the the the rule conditions. Let me read off these and Mr. Chairman point in the um do you do you test constantly as the excavation is
being completed to see the margins of the um no that's why we did the pre we did the precarization work already in situ to fully understand where the excavation limits need to go. All right. Okay. Before I say anything else anyone from the public would like to speak on
this? All right. And that that something I'd like to elaborate a little bit on. I I understand that you guys did your scientific measures, right? It's not a 100% guarantee. Me myself, I would feel
a little bit more comfortable having an engineer on site while the excavation exumes, right, and have him do some testing throughout the excavation, especially in that that that corner area.
where um the cat and ninetailes were the body of water right there. We're on top of that like there's no tomorrow. I I would feel 100% comfortable knowing that someone there as a professional is testing these
soils, you know, every 15 20 feet, you know, I don't know how deep you guys are are presuming to go there. Well, we've we've we've put many many borings. If I should I should That's understandable. Let me say this too. This has been
scrutinized by EPA. All the confirmatory samples that we took, we took hundreds if not thousands and bound every excavation. It's all run through D and EPA with heavy scrutiny. So, it's not
just up to us, you know, we feel. And that's and that's why Miss Kelly, we we we add to these special conditions for the comfort level of what is going to happen on on this. So you've got to
understand that from our Yeah. Just logistically, I mean, take samples as we go. You know, it's like a two week turn around. Right. So, one thing I'd like to say is I've worked in marine construction my whole life. I've done a lot of contaminated evacuations and
excavations and everything else. When they do these, they're within like there ain't no they they test it so much they know within an inch and then usually is there an overdue. Are you guys going with an overdig? How much of an overd we
are going to have to over excavate slightly to establish a slope, a safe slope to work with. Um, also I will say that we will absolutely be on site full time. We're going to have a handheld monitor called the photo ionization detector or P for short, which measures
volatile contaminants in the air. And we will be monitoring the um excavation areas at all times with that through that unit which which will help guide you know impacts for volatiles and petroleum constituents that we're dealing with out here are very highly volatile. It won't measure for the
metals, but they're co-located in many areas. Right. Mr. Chair, um what what do you anticipate the depth of the deepest uh excavation? Sure. Out of curiosity. Yeah. So, this so the main area of impact is right over here. Um and this
is where the deepest excavation um is going to happen. And this one as well is also going down to about 9 ft or so. So, these two areas. Okay. That upper right corner that was where the wetlands were, Andrea. Yeah. over here. The deepest one's number one. This one's not so
deep. Number five is the wor how deep anticipated. Yeah, that's for the over date. Yeah. Well, the final date. You got to have same slope.
These other little um excavation areas are shallower. Um, some are only 6 in down. Oh, wow. And then while you are excavating and everything, we are going to be removing some of the wells. Correct. Some of the wells will be destroyed during the excavation. Um, so we're going to actually properly
decommission them in advance of that. We are going to replace the key ones that were that we'll need to continue to monitor. All right. With that, I've got one. Go right ahead. M. It's a real non-technical one. I think it's the uh
crossing garden coming out maybe. Um when we drove out of the lot, I don't know what the uh the thrift store that's in there. Yeah, but it was I I mean I don't know if you've already anticipated that. Oh,
okay. So, you have a way, right? All right. So, that that was an easy one, right? That was a good point. All right. All right. So, what I'm going to do is I'm going to read off the special conditions. Number one, erosion measures for areas designated as 5, seven, and
eight shall include straw waddles, proper uh properly installed siltation fencing uh with fabric buried attached to posts and oil absorbent socks. Once all erosion control measure number two, once all erosion control measure is in
place, the applicant shall contact the conservation agent and the commission to schedule a follow-up inspection to ensure that the erosion controls are in place place and properly installed. This inspection shall happen prior to the beginning of remedial work on site.
Number three, the applicant shall provide copies of any final or interterm reports given to the town of Ausha related to the project and its outcomes. The applicant should provide the conservation commission and the agent with specific details related to the
contaminant systems employed by the vehicles that will be used to transport materials offsite for disposal. So, with that being said, I'd like to So I I've got Andrea I have to refuse
myself from voting on this. Okay, because I I do work for the Aushna company. So I just wanted to disclose that. Okay. Okay. With that being said, I don't have a quarrel. We have seven members. So I got two out. He has to excuse
himself. So I only have three. I do not have a quir. I I need to sign a waiver to be able to to vote and then it has to go before the commission and and before the selecting talent administrator. I got a
phone call just before the meeting and one of the guys was I'm just finding this out. So So what we can do um we did read off the special conditions which we'll have to read them off again. So what I'm going to do is I I'll entertain a motion that we continue
this to the May 28th meeting. Um, we don't have to publicize or anything. We'll be good with that. Um, if that sounds all right with you. Okay. I'll entertain the motion May 28th. So move. Do I get a second? Second. All those in favor? I I
Sorry about that. Appreciate your time. Yeah. No. As soon as he said that, I was like, you triggered the bell. Thank you for Thanks for letting us know instead of going through. We did lot. All
right. So now, okay, public hearing. NOI Storm Order, Town of Accession. All right. Town of James Kelly, Zlo Street, S00001-063. I said after the two. Yeah. No, I said
after the two. Um, wow. Now you guys are really killing it. All right. Public hearing NOI in Stormwater Town of Cushion at James Kelly 0 Street S001-0603. A notice of intent was filed by James Kelly Townet for property
located at zero street map 25 block 108. The applicant proposes to construct a 36 inch diameter storm water outfall to connect from a proposed manhole within the riverside ro and the cushion river
shoreline. Portions of the work will occur within fish fish run land under the ocean bank coastal bank associated 100 ft buffer zone BS BLSF and riverfront area. The applicant is
represented by Claire Hog Hogab. Hogabone. All right. Of LEC Environmental Consolidations Corporate. Plan name is Sloum Street infrastructure improvement project in storm water drainage mentor dated April
8, 2024. Review of matters presented. Votes may be taken. I'd like to entertain a motion to open the public hearing. Motion to open the public hearing. Second. Second. All those in favor? I All right. Uh, for the record, Claire
Hogabone, wetland scientist with LC Environmental Consultants. Um, as you summarized, this is a notice of intent for the construction of a 36 inch diameter uh, storm water outfall at Zero Souk Street just on the Aushnet River
shoreline. So the commission members may recall that a year ago we were before you for a request for determination of applicability. Uh the commission issued a negative determination for the entire footprint of the Sloum Street
infrastructure improvement project. Um as only a portion of that was in was within riverfront area. So really you see the plans having a lot of work going on but what we're really talking about is just this little section right here. Um, so just to give a little more
context, some detail plans sort of show where the RDA project footprint originally stopped here. Um, this notice of intent footprint is just going to continue from the terminus of that RDA footprint and install the outpine
um at the parking lot at zero uh Sloan Street. And I'm just gonna shift to this sheet that has it just more zoomed in on our notice of intent work here. Um, so the intent of this separate
phase of this infrastructure improvements project is to replace an existing 12-in diameter outfall that's essentially discharging storm water right against the bridge itself. There's another 24-in diameter storm water outfall underneath the bridge. So, this
36-inch diameter culvert um would be installed beneath the parking lot and out uh daylight right at the rip wrap along the Kushnet River shoreline. Um you summarized all the wetland resource areas that the project will
result in temporary impacts to. So, um, ultimately this work will occur with the contractor excavating a trench uh that'll be six I want to make sure I don't say feet
if I mean inches. Yes, 6 in or 6 ft wide by 10 ft deep. Um, they'll install uh 12 in of crushed stone, 36 in diameter pipe, and then back fill with all of the suitable material and then repave everything above it. So, it'll all be back to pre-existing conditions
following the completion of work. Um, the end of the outfall will be cut to an angle to be within the rip wrap. So, all the rip wrap will be taken out and um and then replaced around the outfall and some medium to coarse sands will be
placed in the cracks and crevices of the rip wrap and some um salt marsh plants will be planted in there because there are some shrub vegetation in that area. Um so you know it's an effort to sort of restore some vegetation within that footprint without compromising the
um uh the culvert and the infrastructure there with any hard root systems. Uh the work footprint will be encompassed with uh silt socks and
erosion controls. Uh we also have some temporary work within land underwater uh identified in our application and that's only for the installation of a coffer dam and turbidity curtains to prevent any segmentation within the river itself
during the work. Uh and that will be removed following the completion of work and stabilization of the site. Uh work below coastal bank will comply with the time of year restrictions provided by DMF. We did not receive a specific response from DNF,
but I understand the commission has um many other filings along the Aushnet River with the same um mapped fish. So perhaps we could utilize that same time of year restriction. Yeah. until until we and I think Blake Street just it's
April 1st through June 15th, but I mean I imagine that's what one of the things that DMF would provide. Yeah. So I'm open to what the commission's comfortable with. uh whether you want to
close to issue something with language that we comply with DMF and the order of conditions is issued once they provide those comments or we could continue provide the comments whatever the commission's comfortable with. Um we also have the site visit in Saturday. So
thank you all for joining for that. Um I was informed that uh EPA has asked to be notified of any work occurring within the Kushnet River shoreline. So uh Mr. Mitten uh kindly provided contact information on Monday and I emailed that
person uh shortly thereafter and they replied that um they're happy to be notified of the project. They offered some recommendations that um anything seawword of our rip wrap has essentially been cleaned up through their super fund cleanup efforts. Uh they have not
previously tested the rip wrap itself. So they recommended that we uh test the rip wrap for PE uh PCBs. PCBs. Yes, thank you. Um, just to ensure that if if they need to be anything needs to be trucked off site or disposed of um in a
different manner than what we would otherwise. Um, so we'll take that into consideration and open to a special condition from the commission to consider that as well. Um, uh, I I enjoyed the walk. I, uh, site visit was great. Um, we had a
couple issues that it looked like they took care of right away, which was very nice. the the soil's gone, the pile of gravel's gone. Um, my biggest concern is where of course after we pull this work back, what's there, right? So, they're
thinking that there might be PCBs, um, there might even be oils, there might be metals, we're really not sure, right? So, I really think that um, instead of just taking in consideration, I feel that that should be sampled.
Okay. And um I mean I'm not just among myself, right? I'm only speaking for myself here, but um I think we should and even while digging that trench, right? 10 foot you're going to be within the tide zone. You're going to be within the tide water at 10 foot deep, right?
So um I think it's pretty certain that we should definitely have even a couple borings through the trench area just to make sure that it is clear, you know, and you're not going to run into a surprise. One thing you don't want to do is open this trench up and then all of a sudden you get a big surprise. Now what
do we do? Right? And especially if you're bailing contaminated materials that you didn't know were contaminated until you get a little further deeper. So my own personal opinion I think that we should take and go by the recommendations of the EPA and have this
tested prior to even uh going through the order of conditions. Let's get that step done. But that's my own personal opinion. Mark, you got something to say on that? Um, no. I I um I mean I think that's
it's prudent to, you know, you're going to run into any contamination. You do want to know about it uh before you run into it if you can. So, would you be open to a special condition that requires testing be done before the work starts and we would
provide that information to the conservation commission like as a special condition of this order? I'd add that to a special condition. Yeah. So, actually um you get the condition I just Joanne you're writing it that gets put down on the you offer a new special
condition Mr. chairman for my and cla I do agree with the chairman on this uh based on the history with the river the land that surrounds um the river uh risk probability it's pretty high here
um you know let's play it safe the other thing I took a ride by there um this morning and noticed a piece of equipment um up on that upper right side on top of the parking
lot. There's a piece of equipment that's staged there. I don't know if it's a generator, if it's a pump, or what it is that concerns me. Okay. Um it's a a piece of equipment that uses oil, that uses
fuel. Um I I think that it needs to be addressed. Um, and I I won't go into to detail on that. Okay. Because of the elevation
where where this site is located, everything runs down into the river as we saw on on the site visit, right? I I think we're we're best to try to stay away from that as as much as possible on staging equipment up on that top side of
that parking lot. you're talking about at the intersection of Sloum and River Street. Okay. And just so you know, we know it's a contractor, not you. It ain't like you're over there doing it, but I know who to talk to. So, rather than me stopping there and, you
know, um I I felt it would be best to to let you know what I saw. Um and I would like to see it either relocated, contained somehow. Um, God forbid if there is something again catastrophic that should happen
with that piece of equipment and uh everything goes down through the parking lot into the river. Okay. Okay. With that being said, um I think we can do this on on the conditions. Um so we're going to be looking for How long
is that trench total in length? Uh it should be about 145 ft uh from uh the river to this manhole and then an extra 20 ft to connect to the I mean maybe we can do a test bit right at the edge of
the rip wrap and then come up 50 and then come up another 50 and call it good. I mean, I don't think we're going to go crazy, but if we do three spots, it's kind of going to tell us what's there. And um part of the condition, you got to get back to us immediately when
you get the response. Nothing can nothing else can start until this is done. Okay. And um with that going forward, um so we're going to have the standard
conditions. Um, with this I'd like to also put in condition that oil booms get used also, especially at the river edge. Oil sausages, oil booms. And are they going to put a boom in the water offset to give it a little crown outside with a
silk curtain on it? I'm not certain of that. Yeah. So, usually there's like a boom and a silk curtain, probably a four or five, whatever it's going to take to reach the rock's edge. I think that should be out front of the work especially cuz now that'll catch anything that might slip in while
they're working. Okay. Um and I mean by the looks at it 150 ft of length would probably do it. Make a little horseshoe right in front of it and have that come up to the two shore sides. Um so we got the boom curt boom and so curtain on it. We get the three
borings. Uh the three borings will be first. will be notified what happens and um then we're going to go by the order of conditions in the rules and regs the specific not the specific ones are general laws uh the standard rules any
other specific that we're looking for so so we talked about um we talked about and I guess this is the borings or whatever but testing the rep per Dave Dickerson's EPA's recommendation
Um, and we're going to wait. Um, hopefully you'll hear back from DMF and get a formal letter of any comments that they have. Um, I got the oil booms. Um, have have you spoken with uh
Army Corps of Engineers? I don't know if there's any inwater work at all. Not yet, but uh with the new outfall into a tidal river, it's going to require a general permit. All right. So, that's still pending. And that's um I don't think we're getting started anytime in
the very near future. Well, if we got anyhow till June 15 like we're going to get a time of year restriction from rivering. Um, I'd like to talk with you at some point I like in terms of the
specifics of testing the soil like what are we looking I mean I don't know it would be nice to provide some guidance I mean there must be a standard sweep of when you're when you're testing for metals volatiles
yeah we could we could work with uh Dave Dickerson at EPA and see what he would recommend based on what they were finding in the river in close proximity That would be good. That makes sense. Okay. So, if we all keep this together and work together and you know and and definitely when you hear back from the Army Corps, you're going to need a
permit with that. We're going to want the permit or at least a copy of it. Absolutely. Um anything you receive, we're going to want a copy of. Um so, with that being said, I think that we could take in um run it through under the standard conditions. Our special
conditions will be emailed you tomorrow. Okay. From M. Is that all right, Matt? Can you email them tomorrow or you need one more day? It'll be Friday. Friday. Friday. Friday's better. All right. And um then we'll go from there. Okay. All right. So, with that being said, I'd
like to entertain a motion that we accept the order of conditions on the contingencies um that have been spelt out and go forward. Make that motion. She already did.
Second. Second. All those in favor? I all set. All right. I'd like to entertain a motion to close the public hearing. So move. Second. Second. All those in favor. [Music] Oh, I am so sorry. Is there anyone from
the public here? I am sorry. We got involved with anyone from the public here for Slo Street. I'll call them. We're all set. Okay. Great. Thank you. Thank you all for your time. Thank you. All right. You set
what? Everything. You're all set though. Good. Okay. Okay. A request for an amended order of condition applicants in Copper Pock Drive LLC owner Whitespawn Incorporated off Pock Drive SC0010553. A request for an amendment to
an existing order of conditions was filed Bison Copper Pot Drive LLC for property located off Pot Drive map 17 lot 22B3. The applicant proposes to install a solar foot solid array consisting of
499 kilowatt and battery storage project within the 100 foot buffer zone to the bordering vegetated wetland. Divisions include wetland crossing areas and wetland flagging. The applicant is represented by Matthew Connor of Western and Samson Engineering. Plan name is
Park Drive Solar PV. Development dated December 10th, 2020. Revised plan dated March 20th, 2025. Review of matters presented. Votes may be taken. I'd like to entertain a motion to open. Motion to open. Second.
Second. All those in favor? I Good evening. Thank you, Jeff. Jeff Roloff's outside counsel to Cara. Thank you for uh deferring the discussion on this so Matt Connors had time to get here. Matt's here and we have two representatives from St. Car in this
also. Um at our first hearing, the commission agreed to proceed with the hearing subject to us providing proof of mailing um after that hearing and before tonight. Um Sarah has been working with Joanne. We've provided those materials. I think we're all set on that front. Um,
we also submitted a a couple of the individual documents that were included in that large packet that I asked Matt to provide to you because they were kind of buried in there. Um, I think they were focused on the wetland delineation that was done last fall and just the evidence that Brad Holmes, the peer
reviewer for the commission, uh, was part of the process to reach a consensus on the updated wetland line, which are the the flags that are included in the plans in front of you. Um, so we're here tonight to continue the discussion. That's my little intro. I'll turn it
over to Matt, but I think we're here primarily to um talk to the commission discuss any questions that you have and let's move the process forward. Thank you. Um so I brought my plans. Um if you want to review anything or is there anything
specific you want to dive into? Um I don't need the plans. I don't know if anyone from the public would like to see the plans or should we put them till they're up. Yeah, I think And we didn't bring. Sorry about that. That's okay. We will
I'm going to I'll give you the one that looks at the areas that we are making most of our changes to. This guy. Um so as a refresher for everybody
um in at the end of 2004 to 2024 we went through and looked at uh ref flagging all these areas. This indicated three general areas of change. One is the central uh solar field which this new flagging caused this field to
shrink. We lost about uh 15 solar panels. tension basin push to the west I believe. Yes. Um and then the major change is here where we're crossing a wetland. We're introduc where we were previously proposing to fill that well
to get across. We're now proposing to install two bridges. And then the last area is over here on the southern solar field where the wetland line changed a little bit but really didn't change the field at all. Um and then just to remind
everybody that this is under separate OC, but as we look at the overall impacts, we're still looking at both the photos together. Any specific you want to touch on? So, we get a couple
things. Uh, anyone from the audience like to speak on this? Okay, we had a couple things going on here, right? I know that when we were out on in the field, the wetland flags are crazy out there. They really are. And there was
some newer ones that I didn't see when I was out there in October and it was just really crazy. Then I also started going through all your emails back and forth before then. And I said, "Well, you know something?" As I read the emails, there
was a lot of he said, she said kind of thing in it. It was and it was two attorneys talking more than I think it was really everyone else talking. So, I called Brad Holmes. Brad sent me a little email and I think I'd like to re read the whole
thing. Um, and it kind of gave me a little bit of thought about everything that's going on. And it says here, um, I'm copying Bill Madden at GAF Engineering in this email. Regarding the site plans, I recommend that we
eliminate the two wetland line scenarios. There is only one wetland line limit. The wetland line limit is the landwood line we received together in the field. Take off the old wetland lines that are confirmed as inaccurate,
which has no meaning and are part of the BBW. Also, reference to the approved BVW line should just be BVW per 310 CMFR 1055 not Brad's lines. Once the plane is updated, I re
recommend that the final line should be staked or flagged in the field. Remove the old flags in the field which are confusing and will be a problem in a if a project moves forward. they could keep my pink and black stripe
flags I set in the field which were for a guardian for the wetland delineations on where the accurate limit of the BBW line uh the BBW is repealed as I remember I posted a dozen or more flags
and as referenced during our sidewalks. So I'm going to stop there and then I'll read the rest of this. So when we were out there that Saturday, Devon kept saying that Brad only put two or three flags. So she kept saying two, three, maybe four, and I'm
like, "No, there was a lot more." Cuz I went for that October walk, me, Mark, Brad Holmes, and Devon. And it was some other girl, too. I didn't remember her name. And I thought, Megan, there you go. Okay. So, we were out there and it was a lot of argument going back and
forth between the three of them. So, are you talking about during this last sitewalk or there was a lot of debate last fall? I totally can see that. Yeah, correct. So, with that being said, as we walked out
there, I only found three pink and black flags of Brads that was exactly or the BVW flags that was exactly together with your flags. That was kind of crazy to me because I know we set a lot more flags for that. Yeah. than that. So, I'm
really still not set on what's going out there. I'm really not. I mean, when we're walking around with a GPS or this flag is this and this flag is that, I I'm really confused out there. And I don't like it. I didn't like it from day one.
And even the very first time I ever went out there when I was just on the board, I said that how can you be showing us old flags, these flags, those flags, and let us sit back and say, "Okay, we got an understanding of this." So even when I went out there Saturday seeing the
black and pink flags gone, except for three of them, I'm saying to myself, people remove flags. Then when we come around the area and I saw all the red flags, I said, "Those weren't out in October and those were all new." And what was told to me, "No, of them are old." And I said, "The writing on them
is fresher than the ones in October." So I was extremely confused with the wetlands. And I brought it up the flagging last time. And I know that you said, "Oh, there's the BR flags, there's these flags, there's those flags." So once again, when I open those plans,
there shouldn't be BR flags. There shouldn't be any flags. There should be the flags period. And I felt that it was very very confusing and I'm speaking for myself. I don't know how the commission felt. Um but I will go to them in a second. Um and my own opinion and this
is my opinion that all the flags get taken down. They walk with our peer review with your engineers and set it once and forget it. This stuff of changing them and moving and prior to each other is just insane. I just can't
figure out where we are on the site. And not only where we are, we need someone to GPS. Oh, even though that's this one, this is where we are. And I'm trying to pull it up on a phone. And it was just brutal. So, can can I is did Brad have any issues with the figure that was
associated with the email that was sent around? So when I sent him all the emails, he said some of them he didn't reply in that manner and that's all he said. So there there is there was the the graphic that we showed all the points on there which is it's basically
it's it's it's these which I blew up so we could compare what's going on. But this is directly out of that figure. And from that email, it was choose the
more landward side of the two lines that were out there. Correct. And that's and that's where this information comes from. Correct. So, if Brad's okay with that figure, I have all the GPS points. I can have somebody go out, take out all the flagging that's out there, rehang
the flagging based upon the landward. The only thing I would like is I would like for up here review to be there with because the you wouldn't believe the argument those three were having. Mark, am I correct? It was so bad I had to tell them we're not here to fight. We're here to figure out where the wetlands
are. So So I I can have our survey crew go out there, relocate every single one based upon the GPS points that we I asked if we do go with them. They work together as a team because So, so you want you want to redelineate everything.
No, I don't think so. I don't think I don't think that's what he's asking for. I think you what you want is Brad to confirm. So, you want to let's clean it up in the field. Yeah. Put the flags in that are the final approved flags that that that Brad agreed to before. And
then you want him to go out and confirm that these are correct or do it together. Well, they might too. Put it cuz he's going to do it. delineating them. It's putting the flags where they were previously placed and getting rid of the old ones cuz it's too confusing
and in the field have Brad review it and say, "Yes, this is the right location." But the thing I want to do is I want Brad to be able to put his auger into the ground and say that this flag shouldn't be here. It should be either there or to say yes, this is where it belongs. So, you want to redelinate it.
But if you're right where everything is, it's not being redelineated. It shouldn't change. That's what I'm saying. It shouldn't change. So So as long as everyone confirms that these are all good flags, I'm I don't have a problem with that. It's I'm I'm thinking logistically. So,
what's going through my head right now is I have to get a survey crew out there with a GPS and if you want Brad to sit there and tag along with them as they go and then it it gets a little bit Oh, you have them open up and then we'll ask Brad to go at at what what I'm
contemplating is like can I have a crew go out there, remove all the flags that are there, go in and GPS all the flags based upon the figure that we've everybody's agreed to, and then have Brad go back out there. I'll go with Brad. economic uh you know whoever we'll
have representation from, but we can go through and we can confirm everything that was GPS located is where Brad identified it as is that acceptable is that and you I mean you feel free to come. Yeah. I um so Brad would have the
the geo the GPS points should right. No, he didn't. Well, he probably never did it. We because our survey crew did the survey work. So, our survey crew, he put flags in the field. He put more than a few. He had a lot of flags out there. He actually went out once on his own. We
didn't even know he was going. And he put other flags out there. But we did, we had a lot of back and forth. Our consultants disagreed on a lot of the delineation. That is exactly why we wanted to go through that effort in the fall was because we're designing bridge work based on where these are. So, we
wanted to get it done right there. So in the end we accepted um Brad's flags and that's that was the accepted line but we had our own flags in other locations. So it is totally confusing. We can straighten this out
for sure. What you've proposed is is fine. He doesn't have the survey points though. We do, but we can get the correct flags in and if his flag is still in that location, we'll just keep it there, right? So he can say, "Oh yeah, that's my flag." You know what I
mean? Pink and black was the only flags that Brad put out there. All the rest are different colors. Yeah. So So look, so I'll tell the guys to leave the pink and black, but let's get rid of everything else and let's just go through and I'll hang and and we're all we're referring to this area, right? We're not Yeah. It's the area that's the
northern area. Nothing strange at all. All right. So, let me continue though. So, so I'm just thinking like you were bringing up logistically what's easiest having your survey crew go out and then um Brad Holmes follow
up. I just and maybe I'm just totally missing something here, but it might I It's He's not geo referencing it. I I just think it might be best to have him go out with the crew while they're doing it. You with the
survey crew, right? Because he's going to be out there. It's a big site. There's lots of flags. And I'm just thinking out loud. I don't have a real strong feeling, but it's how how's he going to You have Yeah, you have the they'll be numbered. Yeah,
but the same numbering that's on the sheet so everything's consistent. We'll just remove what's out there. We flag everything. just have Brad go to every flag in that area. I I it's I I understand the suggestion just in dealing with Brad
before. Uh my sense is he doesn't like to spend any more time out in these areas than he has to. Like he's always told us like have things ready to go so I can get out there and walk it. I don't want to be, you know, doing this and doing that. That's what I'm saying. I think we want to get the survey. Then we
send the flag and Brad might skip a few flags too, right? which I have no problem with. Like if he says, "Hey, these are all following. I'm going to skip two, go to that one." I have no issues with that. I just think if we do go forward with this, that it should be done. Yeah. Yeah. Okay. I swear, so
it was real bad. It was real ugly. It was ugly. And that's all I'm going to say. All right. But we did work through those issues. You're correct. There was a lot of contention. We worked through them. It took a few months on your behalf. We reached the consensus and we're working with the consensus. So now I'm going to continue.
What else Brad has to say? So this site being the site of of this stature, we'll say we've been out there a few times. I'd like to make it the last time that um we have the opportunity to go out
there. Whether we do or not, this is a large site. Th this was like an ultimate treasure hunt looking at all these flags in the field and nobody knew what was going on. Um we have better things to do on a Saturday afternoon for 4 and 1/2 hours than walking up to this site
again. Uh it should have been flagged correctly the first time. This should have been a no-brainer when when we went out there and all these flags appeared that the site be cleaned up, officially flagged with the one flag and called
done. We're we're a voluntary committee. Um and and this is a this kind of is is sticking with me a little bit. This a lot of walking on that site.
um an oversight maybe, but it definitely needs to be cleaned up. Yeah, it wasn't really an oversight as much as I I think what we had in our minds was this is an amendment process, right? So, we thought you may want to know and this wasn't
possible. It was there was too much confusion. It sounds like in some settings though, it's like here's the old line, here's the adjusted line. You might want to see both. So, both are but there was more going on than just that. So, I I get the confusion. I apologize.
And we do want to do a sitewalk after Brad confirms the line. Um, decide that later. We'll decide that later. Let's see what Brad says. So, moving forward, I continued reading the email that uh Brad sent me, and I'd like to continue reading it so everyone here on the board
knows exactly what I received. It says, "Regarding the pictures of the bridges. These look nice, and I assume they are providing these pictures as reference to what they are proposed for wetland crossing. We would need to see a site designed to include calculations of wetland disturbance. Proposed bridges
would have permanent and temporary alterations, BBWs. So those areas should include should be included in any wetland alteration calculations to include how the bridges would be construction, swamp matting, construction methodology, shading
impacts, number of trees to be removed, the up then update replication plans would be needed, etc. I assume this type of proposal will be submitted as an NOI application with a copy to the DP, copy to the NHSP,
etc. If you need us to get involved further, please let us know. Additional service proposal prepared, feel free to contact Brad Holmes. So, that really brought my attention to
the wetlands at the bridges. So, which is part of the amendment. Correct. Correct. The bridges are the amendment. So, then what I did, I called the circuit writer and he says, "Jimmy, I want you to go and read the wetlands
program policy 85-4 amendment." I don't know if you guys have read this. We attached it to our amen our package. We went through the provisions of that policy in that big package that confused you, but that's one of the reasons we submitted it was so you understood that
this process here, this amendment process was being pursued pursuant to that policy. And in it, it gives you the factors to consider in determining whether or not it's appropriate to review these modifications as minor modifications. So, in Matt's letter,
supplemental letter that had all those exhibits, in the letter, he goes through the factors one by one and explains why we think it's appropriate to review these proposed changes pursuant to the amendment policy. So, here's the issue that I won't even read off the
amendment, the the conditions to have an amendment. I mean, to my personal opinion, I think this is more than a minor. I think it's a major. Um, you're not proving to me that the wetlands disturbance is less because you're not giving us any indication of what you're
going to disturb building it. So, we have no idea. You're not telling us if any research was done on the shading of the bridge if that's going to impact the wetlands at all. Um, I know that the piles are going to be driven. You guys are using CCA piles. Um, they're going
to be driven. Um, I know when I walked across the wetlands, uh, where the bridges are going, and you actually pointed it all out, they huge boulders. Um, with that being said, we don't know what they're going to do when they hit an obstruction. Are they going to dig it out? Are they going to remove it? Are
they going to drill it? What if you hit ledge? There's just no information for me to feel good about saying this is definitely lessening the impact of the what the proposed work. I know that you guys are saying that well
before we propose to fill it. Well, filling it is cut and dry. We know exactly what you're doing to the wetlands. We know exactly what's happening with this bridges and your uh request for this amendment. I just think there is just nowhere is near enough information on these bridges, the
impacts of it or anything going forward that's going to make me say I feel that this should be an amendment amended order. I think it is really a large asking for a minor change. It's not a minor change. Well, let's let's get you
the information you're you're hungry for and then let's make that decision because what I'm hearing from you is you're not viewing this as minor because you don't even know yet what the impacts are. So, we haven't done our ca we haven't proven our case that these are minor because we haven't given you
enough information to understand what they are. Right. We have zero information. Well, well, no. Even the bridges on the plans, it says will be determined later by an engineer. All open issues for sure. I know. And I know you can't get the engineered draw plans, I guess, because they won't give them to
you unless you sign a contract or whatever is what was said last time, right? Well, that ain't my problem. I hate to say it. We really need to know what you're asking because I'm going to tell you, if we say, "Okay, here's a signature. You get the amendment order. You guys can walk out this door and do
whatever you want. And that's what I don't want. I want to know everything that's going on, what's going to happen, and how does this affect the impact further down the line, right down to the shadowing, okay? You know, so I think there's a lot of open
issues that need to be closed before we even, you know, I guess vote on it. I mean, I'm not sure if we should continue it. Um, I would have to put it to a motion to see how they want to handle this, whether we continue
this or we vote on the amended order now. Well, it sounds to me I mean, I'm going to urge the commission to continue it. Give us the opportunity to present the information you're asking for so you can make an informed decision. I don't think it makes sense
to where you're telling me you don't have enough information. I I hope the commission will vote that these impacts are too significant to be considered as part of an amendment process. What you're saying is you don't know agree
with that. I I think a continuence makes sense here. So So that being said, I'll I'll forward the motion to continue this. Could I just ask one question before we get into a motion? Yeah. Don't we've heard from from you, Mr. Chairman, but we haven't heard from the other members. Is there
additional information that those members would want to see so that when we come back we can have hopefully everything answered for you guys? I myself I'm in agreement with Jimmy. I mean otherwise I feel we'd be going into this blindly and and you know agreeing
to the amendment without enough information. I really don't. So, so and I just I I just want to make sure that we're going to give you everything you need so the next time we come down here we don't have issues
and call us at the end. Hold on a second. So, I know Matt, you prepared a memo where you laid out why you why you believe it's a a minor. It qualifies under the minor. And I think one of the
things that Jim is saying and I hear other folks are saying is there's not enough information to agree or disagree as to whether this new proposal is reducing impacts
and and so I think the bridge is a major major meeting the criteria and we can look through the what your your write up and um see if there's anything else. I I mean I'll try to pull anything else out that might be it you know
I think that's the big one. I think so if that adds anything to the discussion but June so I know we got the 11th I'm not going on the 11th which one's after you got uh May 28th June
11th June 25th June 25th take you guys some time to do this I think it's going to take a little time. Do you want longer than June? June 25th makes sense to me. June 25th would be we're meeting with the planning board. Just so you know, we're meeting with the
planning board in early June. They're making a decision as to whether they need to do a public hearing, which I'm assuming they probably will want to. Um, so that process is going to get started. Just so you know, and the residents know that starts at the first plane board meeting in June. You take the 11th, but
we want we're requesting what we want, what they want to see. So, can you guys share with us exactly verbatim what you would like? He was just writing every single he was, but it would be nice for the commission to share it. So, we're doing or if we can get a copy of Brad's email that I mean, we heard you and if we
could get his email, I'd be interested in just being able to see that anyways. Would you like It's fine. I don't need to take it right now. I'll get it from J. And you know, when you when are you issuing the meeting minutes? I can't do minutes right now. So, we're
looking at our finals together. We'll produce the meeting minutes. There's software we can plug the recording in. Yeah, we'll get the minutes. Uh, did you say June 11th is not available? June. I am so booked right now. I am not taking
nothing on. So, it's either May 28th or June. No, it ain't even May 28th. June 25th. What's that? You want to do the Why don't you, you know, like like Mr. Ro is saying, I would think a little bit further out. Yeah. I mean, I would
So, I would request a continuence to June 25th. You think that'll work? I think that we can make that. If not, we can always submit another continuance request. So, why don't I do this? Let's entertain a motion to do a continuence on this for June 28th. June 25th. June
25th. motion to continue this to June 25th. Do I get a second? Second. All those in favor? I. And we may be at the other location just to let people know. Just as a procedural note, we have two
members missing tonight. It would be great if they could review the tape and stay eligible. Don't participate. No. Oh, you don't have that. Those two. Oh, no. We only have one member that's not out today. The other two backed out. They are no longer on the Well, they're putting their letters in now. So, you
have I'm sorry, just to be clear that So, you have five active members right now. Right now, yes. Okay. So, in order to um issue an order, you need three members. We need four in the four of seven.
No, I think it's a majority of members in office that are present. Present office. So if there's five now, well, there's seven still now. No, there's seven still. They have not put their letters in, right? Let's You're getting four. So
you were here when I gave the last one that we're going to do as a Mullen rule. We going to vote. So we'll continue this till the 25th. Okay. And we'll go from there. What I'm going to do, too, is I'll get with Mark. We'll get that rewritten the order conditions. the the one with the obstructions for the piles.
That was mine, not uh Brad's, but I will send you exactly what Brad sent me. So, you guys can read right off of it. And um then we'll just make sure everything's there. If we think of anything else or you know, if we do, we'll just add it. So, this way everything's up front and um hopefully
we just hit better on the next one. Um one other one too is um the Army Corps of Engineer. I believe she said she spoke with them on the phone. We had a meeting with them in December. Okay. Do we have paperwork on that too as well? No, we followed up with them since well
since Excuse me. I'm sorry. We met with them in December and then since then we've also started the application process, but it's not in yet because we started this the meetings with the conservation. Oh, so you're not going to follow with DP until we go? Yeah, it'll
be it the Army Corp will be a self-verification process. um which was also which I have packaged up as soon as we get our All right. Okay. Thank you. We'll see you on the 25th. Okay.
Right back in order. Okay. Next public hearing after the fact RDA 7 Tilly Way LLC Paul Mitchell 7illy Way and after the fact request for determination was filed by 7 Tilly Way
LLC for property located at 7illy Way map 14K. The work consisted of removal of a historical pill piles using an esavated dump truck. The applicant was represented by David Deone
of Schneider Dominion in Leon incororated. Plan name is plan to accommodate RDA for Tilly's 7 tilly way dated April 19, 2025.
29th, 2025. Holy crap. Yeah. Review of matters presented votes may be taken. You're getting tired. Dave motion. It's all you buddy. Hold on. I got to entertain a motion to open a public hearing. Motion to open public hearing for seven Tilly Way. Do I have a second? So move. All those in
favor? Second. I I thank you Mr. Chairman and board members. For the record, I'm David Vman from Schneider. I represent Paul Mitchell who is u the owner property for the seven Tilly way LLC. Paul's with
with us in the audience. Um as requested by the commission we have filed an after the fact seeking a negative negative determination for activities that took place within the buffer zone of vegetative wetlands. Um this property is located at 7 Tilly Way. As everybody
knows Paul owns a commercial business at the site. There's also a uh a two-bedroom uh mobile home to the east of of the uh commercial building. There were uh historical fill piles behind the
mobile home located in the backyard and towards the wetland side of the property. Um there was some confusion between the property owner and uh as well as far as the activity that occurred. The ab budding property owner has an active order conditions to the
north. He approached uh is friendly with my client. He approached him about taking the fill and utilizing it on his site which uh he has a permit for the construction of the home. Paul did inquire whether he needed any permits from the conservation commission and he
was told no. Uh I'm on the conservation commission. You're all set. So he did allow him to do the work uh not knowing that he needed to get a permit and conservation as the activity falls within the 100 foot buffer zone. It actually falls most some of it within 50
ft, some of it within 100 ft. The activity did occur beyond the property line. I'm not showing where those limits are. We did not trespass and locate the disturbance limits offsite. I simply show that it it is offsite because I did confirm by measuring from the mobile
home in a direct line and I got to the property line and it's beyond that. Um so the plan shows erosion control to be installed along the property line and uh for 15 ft of fill which was placed at
the back of the property where row boulders exist to be pulled off uh off and back down virgin ground. Paul did go ahead and do that in in preparation of rolling and seating the site so we can stabilize it. I understand at the onsite island site there's some confusion as to
whether the erosion control is placed at the right location. Our plan shows it at the property line but he has agreed to work with the director but to the north to move that line so it actually follows the limits of disturbance which will actually be mostly off his property so
that all the area can be loaded and seated. My understanding is that property owner will be filing or did file an RDA for the same activity. So that's a summation of what has happened. Um we paid the after the fact fee which
is double the normal fee. And with that please be happy to answer your questions. Well I really don't have any questions. Um I know we did the site visit. I know what happened there. Um I know we could really get elaborate into it but I don't
think it's necessary. um walking the site Paul and the commission we did discuss a couple things about pulling the vehicles back off the uh edge of the stream um the intermittent stream he's willing to do that uh very pleasant to
talk to very pleasant to work with us um it was a very easy going forward on that side of the property line so uh commissioner you guys get anything Dave in your opinion the wetlands that were disturbed
Is there an approximation? I don't believe the he was actually the activity occurred in the weapons. It was very close to flag number two. Yeah. Uh so there was a flag line set in the field for an RDA for the septic system I
believe maybe a year and a half ago. So that's how this line was established on this plan. We already had it surveyed. We basically had all the survey work done. I took and did a perpendicular pace from this corner about 65 ft north and I got to right
about where flag two is. So I don't and then from there the activity kind of pulls in a southeasterly direction and the wetlands pull in a northeasterly. So the activity sort of pulls away from so that's your pinch point right between flags two and three. It didn't appear to
me that the work is actually in the wetlands, but maybe very encroached. Yes, sir. But we didn't survey it, so I can't say we survey. For sure. Anyone from the audience on 7 July's
way. All right. So, with that being said, I'm going to entertain a motion for a negative determination for this RDA. Do I get a second? Second. All those in favor? I I thank you for your time.
You're welcome. Okay. Next to the matter is discussions 21 Elaine way season review of matters presented. Votes may be taken. So I know that they took in um files for the RDA. They gave the check.
Um I believe Joanne even sent it to the D. Is that correct, Joan? Yes. that Joanne sent the RDA to the DP. Um, without them being here, no one representing him, it's hard to tell them what we actually wanted or was going to
do. Excuse me. I'm here. Oh, hi Kathy. How are you? Come on up. I didn't even notice you, Kathy. I'm sorry. Kathy Dearos, owner of 56 Road. Oh, that's the
address of it down. They found that number. Does the address begin? All right. So, we got 56 halfway road. All right. Yes. And we did file the after the fact RDA as of Monday. Yep.
So, my opinion going forward is that that what we discussed has to be pulled back. Mhm. I guess you guys are going to share the water now and put it in the disturbed area. Is that correct? Are you taking your waddle and going down on their property or are you getting new
waddles? How's that? Yeah, that was a little um I wasn't quite sure about that either. Is it? Oh, I didn't know anything about put them down for still have a pallet there. I don't want to do them, you know. So, if Paul get some waddles have put some wles out,
clean that area. You and I discussed that gravel pile. I would like to just get a walkway through that stone wall that Eric built for delineation line so we can walk through at least have a walk through because right now he's got that pile so high and so far up against that
um stone wall that is when the rain comes the sil's going to fall off and there's no cil siltation fence behind it. So we get to either put saltation fence or waddle before the gravel pile gets the gap put in it. Remember when
you that's going to that my understanding is that's going to just be spread in that area. It's not going to stay a pile like that. And I understand that. But all I'm saying is if when he's doing this pulling back and if you don't
have time to spread that whole pile right away, just give us that little walkway and it give that little gap just in case we get rain. You know what I mean? Before he gets a chance to spread it or anything. If he's not going to spread it, put the gap in. If he's going to spread it, spread it. Spread it. You know what I mean? Do do one or the other, but don't leave it in the piles.
Okay. Um, since you did file for the IDA, you did give the check. I want Paul to be able to see and loom immediately. So, I'm going to entertain a motion in a second for the commission
to give you access to doing the work prior to receiving the RDA in hand. this way here. It can expedite him on getting the loom in because I believe Paul's gonna let him use his property to clean it off. So, I don't want him to put lu
and seed down and never go in there with an excavator. So, if we can expedite that so Paul can get his job done with the loom and everything, we're willing to let you will uh lift the cyst, get
that material, put the water in, get that material pulled back so then Paul can continue his I would really appreciate that. Okay. Are you willing to do that? Yeah, I am. I'm I have to get the time. I mean, how much time? Like I mean, I
think This is something Eric should be able to jump on pretty quick. I mean, he owns the equipment. He's right there. I mean, let's go with seven days, a week from today, it should be done. So, Paul can figure on getting loomed and seated. Well, I'll talk to him about that. Yeah,
I know. He's working every day, so it's like that that's really thing that opens up. Yeah, I know. But you know something, Kathy, truthfully, this was done to a neighbor who now he has expenses for Eric to get a benefit off from the Phil. So if he's going to work a little bit of extra hours or whatever
to get this done in a week so Paul can do his side of his property otherwise Paul can say no you can't access my property and then you guys can't get how you going to do it you ain't understand it was a mutual mutual thing it wasn't just you know stuff needed to go he said
he was he he would take that correct the only issue sound like he it was just he came in and did something well the thing is he actually said Paul he's on the conservation commission. Eric built the stone wall because he thought that he was doing what he was that if he met the
standards in his mind because it it's only in his mind though is someone who's on the board who knows the rules. An intermittent stream is 100 ft. So he had no issues building a stone wall and filling up against a stone wall over there. So that was within the 100 foot
area. So Eric being on the board should have known that this needed an RDA or needed to be looked at. So we can't go with the I didn't know because of the knowledge Eric has and Eric does the homework. Well I don't know is he he's
thought or he said that it states that you can m it's been maintained so you can continue to maintain it. That was what my understanding that he said was maintaining what they've been doing over there. If I may, in my opinion, that wasn't just maintenance. It was a
disturbance. And if he looks at the 310 CMR, it clearly states that any disturbance needs to be brought to the conservation commission's attention. Yeah. It's It wasn't, you
know, and we wouldn't even have been involved had we not been notified. It wasn't it wasn't something that we preemptively thought we should jump into. So, um, again, it's it's basic
wetlands protection is what it is. It really is. So that being said, is that the route we want to take and lift the cease and desist, get this work done within a week so Paul can do his thing and then you will receive the RDA after. Well, it
will have to come to another meeting to give it to you, right? But this way here, it'll at least let you get the work started immediately so Paul can do his work, too. So you're saying he can use the existing walls. He can put those along. He says
he has a half a pallet. The sun is welcome to this. They're covered up there's available. Oh, okay. All he did was go there yesterday, but we had to, you know, get some more. I think he's got enough to handle it already. I don't know how many left.
Yeah, but some Yeah, but he can even take yours and move them lower. Right. So he have to move them. I believe I don't know. I'm just looking at it. He'd have to move them to get there to pull that. Right. But what we're saying is he has a couple brand new ones. So Eric
don't have to move. He can lay the brand new ones out. And then if he don't have enough, then he can use the ones on the top side and just take them down and move them. They don't they're not hard to move. They're not too bad, right? Move them and then pull them. So, if you're willing to go with those conditions, and that's going to be the
conditions on the RDA, I will put it in the motion that the cease and cyst gets the um lifted and we allow the work to commence to commence without the RDA in hand. Mr. Chairman, if I may, and I'd like to include in this, and we
discussed it on the site visit, is the silk fence. The silk fence needs to be addressed in areas that it's down as part of the scope of work. Nothing to do with your waddles, Paul. This is the silk fences that are up behind remember
behind the wall. Yep. The last piece needs to be repaired. And I don't need know if it needs to new it or put new or just stand it up and fix it. But if if you can look into that, I'd appreciate it. Okay. All right. So, with that, I'd like to entertain a motion that uh we
lift the cease and desist Mr. Chairman, go right ahead. Um, so I just if we're going to condition wherever you're going with it, I think, but we should probably go out and make sure all the siltation is in place,
right? Yeah. Sock. So, can you do this? Could you have Eric call us? As soon as the waddle's in place, we'll either Mark, myself, or Christian will take a ride there. Just make sure they're there. will give you an immediately thumbs up and then they
can go right on to uh Paul's he can go on to Paul's property, pull that back, clean it up and get everything situated. All right. So, it's seven days. Seven days. I don't think that's asking a lot. I don't think so. I mean, it's a week,
right? I mean, I don't think he's going to have a long time with the excavator in there. A few hours. I think it's going to take longer to put the waddles in than to do the work itself. my own personal opinion. It's not I think you know Eric being aggressive will get in
there and get it done sooner than what we both think, right? So I think seven days could be good. If you need any more time, please call us. Okay. So as soon as the bottles are all set, give us a call. You can go take a look at them.
Yep. And then he'll come in. And it don't have to be Mark. If Mark's not available, I will. If I'm not available, he will. And we just make sure the waters are down. We'll call you immediately, give you thumbs up, do the work, and then right after the work's done, then we can tell Paul, "Go for it." And then as soon as
we get the um we'll make a meeting. It probably be the 28th. Well, I'll bet that one. Yeah, that should hopefully not. So, we're going to put you back on the June June 25th. Oh, June. I'm Yeah. May June.
No, we're gonna do the June. June 25th. The work can go ahead. You won't have a cease and desist, but the idea is going to be handled at June 25th. All right. Just a moment. Yeah. So, what I'm going to do is we do a motion. No,
you're interrupting. Okay. So, I'm going to entertain a motion that the Census says gets lifted, that the waddles get put in place. Call the conservation commission. We'll give you thumbs up. Right after the thumbs up, Eric will do the job within seven days. And then June
28th is 25th is when your RDA will be taken care of. Do I get a I'll make I'll make that motion based on these terms. I'll second. All those in favor? I I Thank you, Kathy. Thank you very much.
[Applause] Okay. 550 Main Street, Nison Solicite review of matter apprentice presented both may be taken. So I see no one's here. Right. So what I'm going to say is just the commission Christian and I did
go out there. Um we took some soil samply started flipping the loom see what it looked like. Um it kind of looked way under than what they said. So we were talking to Bill Madden today.
Um, we're going to look and try to do a great patent sampler like every 50 people or something, but we'll call Steve, call Bill N, and we'll work on that. All right. Um, next I am going to recuse
myself and this one. Cushing lane, lot two, pre-clearing complaint review of matters presented. Votes will be taken. Um this pertains to a parcel out on Cushing Lane. There's been a substantial
amount of um tree clearing and um it's the commission's uh opinion that the area is uh large enough to warrant a storm water permit.
Um, does anyone have any discussion on that from the public? Sure, I can speak on behalf of the Yeah, the owners. So, that's I guess why we're here tonight. Jim Marsh or the
owners. Um so as I mentioned in my letter um I I addressed to the chair um at this point were we were not aware that there was uh any land disturbance that would have triggered uh the storm water bylaw. Um
that's why well I can't prove or disprove that storm water management permit hasn't been filed. I can tell you this that this this is um there was some tree clearing there. It was done um as part of the sighting of the u proposed
future septic system. Uh this is a residential lot. It's going to be built for single family hall at some point in the future. I I understand the lot's going to get sold, so there's going to be a new owner, not clients. Um where
are they going to put the system? It's going to be in the general area of where the the perks were taken. Um but what are they going to do with the home? where is the drive going to be? Um, it's really premature. If if a storm water management permit is is is necessary,
it'll be filed. There'll be an application filed with commission uh to cover uh whatever land disturbances uh that exceed the trigger level of 40,000 um square feet disturbance. So if
if the if the tree clearing um is beyond the 40,000, I still run it under the understanding too. I've I've had other matters in front of this commission that if it's a residential single family home construction, it could be exempt from the storm water bylaw. I know the chair
brought up tonight that the group home Yeah. is exempt. I'm not sure exactly why. Well, that that that's a nonprofit. Okay. And I believe that's the reasoning. I'm not 100%. I'm not either. No, I'm not. I'm not as of yet. But so I, you know, I remember having a long
discussion with uh the agent, Mr. Han, at one point. He said this law that that was in front was was exempt from the stom water by law because it was a superintendent home residential law. Uh but nevertheless,
we will intend to file or the future owner will file the storm water management per application if necessary, which would cover everything. um if there's a trigger of the um of the bylaw this law I I just think you got to
understand you know um we don't want to set precedent on you know who gets to pick and choose whether they need to uh obtain a storm water permit you know um is the property under agreement is there
a I mean do can we anticipate a storm water uh application at some point Because again, I'm of the opinion that it was substantially more than 40,000 square ft of area that was
cleared. And that's that's how the storm uh the storm water bylaw reads. I I mean I don't know. I anticipate at some point I don't know if it's under agreement. I realize it's you know I don't want to I don't want to leave the road. Not our concern per se,
but I mean it might help to ease the situation is all I'm trying to say. Right. What What is the the timing, Mike? Right. Um Mike, do you have any opinion on that uh subject? Have you been able to
uh review the situation? I did and I shared an email with um the commission about I mean there were several things going on here you know a site visit that's correct
if it's I don't think we have it in front of us right now that greater than 40,000 square feet has been cleared to trigger the bylaw. So, I don't I think um under the WPA, under
the act, I don't think that storm water applies. So, I think you're right. And I think we're dealing with the bylaw. And then the trigger is greater than 40,000 square ft. So, um, and and I'll take it
on folks that that actually saw some of the clearing from an adjacent property or that there was a lot of clearing, but I I'm um I'm trying to understand um the recourse here. I don't know if
and I I I don't know how to put this, but it would seem that some of this would come up during a permit application to do something. That said, I also understand, you know, um
um I don't know. It's it's it's it's your point is great. And when we go in or it's not going to be us, it's going to be the new owner who's going to go in for a building permit. you know, the the building commissioner is going to or whoever it may be, the office is going
to um request that the um that the applicant for the building permit has received all their other permits or necessary approvals, right? And one of them is likely going to be the storm water management permit. So, the question is going to get asked, have you
got that from commission from the conservation commission? And if you haven't and you've triggered that land disturbance, then I'm not going to issue this building permit first. And and and I'm just thinking here that so that's the so that's the avenue I think.
And if it was Yeah. And and if I'm just thinking too if it was a single family, they they would have the issue of they've they've triggered storm water, right? Potentially. I don't I to me to be honest, I'm not a lawyer, you
know. I've read I've read a lot in that in that regard. Um yeah, do we have an opinion from I I haven't reviewed the I understand but I'm happy to speak with my brother council about we can look at the bylaw language and figure out.
So I'm I'm going to throw in my two cents here. This seems to be um a pretty contentious issue to my understanding. Why not allow us to look at this and see what's going on on this site to make a
site visit to make a determination would be an easier way, right? Yeah. Yeah. No, that's already been sitting here. That's why we're at this crossroads rather than sitting here and speculating um
guessing of possibly potentially passing on this problem to the new land owners and it becomes their problem. I I think this needs to be solved sooner than later. Um it was
called as as a complaint. And I believe as a board we have the authority to go to the site to see what's going there. And I believe there's some language in the law that allows us to do
that. Well well that yeah as the storm water authority we have concern. Okay. That's where it stand. Okay. And I'm not ready to just make this go away at this point
because I think as the council said, maybe there could be some discussion further and and and make a determination on whether the current bylaw applies or not. I mean, you're not going to allow us to site visit, which
would be the simplest way to really, you know, ultimately decide whether there is an issue or there isn't. So, you know, I can't I can't make a decision at this point.
I mean, that's fair, but I mean, you know, access is not good. And you got to understand, we didn't just we didn't just we weren't just walking down pushing lane and and you know, stumble upon something. We were notified
and and that's what triggered you know. was in the butter or I I look I I I'm not even privy to that. So I I can't help you at all. Okay. And again um you know bylaw is the bylaw and and everyone is is accountable to it.
Everyone in my eyes. And and I I agree the And I'm gonna tell you, I've seen situations where where there is a homeowner that modifies their property and ultimately
clears over the 40,000 square ft without being aware of it. And they they it's they're no they're no different. They trigger the the strong water bylaw and they they need a a permit to uh to do that. That's yeah, that's the town
bylaw. I mean, the bylaw, what does a lawyer typically say? It speaks for itself, right? The language is in there and it says what it says. And if you're um if you're required to file an application for storm water management permit because you've um done
something to a piece of property, piece of land, it doesn't matter too. Again, the timing issue um is what I I think is unclear in the bylaw. So, and and I sort of hearken back to the point that if there's going to be a
driveway that goes in there, there's going to be additional I realize I do. I mean, then it makes I think it makes sense to do it at a time where you know you're you're aware of what the buildout's going to be so you can then
apply for the permit knowing what the construction is going to look like and and you know, look, you made a good point. Why don't we just I I agree, but I disagree because we went in there pime um prematurely and and cleared the slot,
which raises a lot of eyebrows without any um permitting or or um you know, I mean, and that's you know, where's the where's where do you draw the line? Okay, I mean where do you draw the line
here? If someone owns a 5 acre parcel and they go in and clear three acres, but they're not doing any construction or development, I mean, it's still the law still applies. Again, you know, the 40,000
square ft is the trigger. I I'll just add I'm just trying to think of in terms of recourse. It's unfortunate if there was if there was a greater amount of trees taken down 40,000 square
foot. If we knew that for certain then we knew know it triggers the buy off. But then the the recourse here I think it's unfortunate that you know that we're we're here but So, do we
require the the property owner to go and apply for a storm water permit? I and I don't to be honest, um, you know, I don't know what's involved legally with doing that. I would think, you know, there is that
what where we want to go with our time and if if there's something pending where we're going to get an application to um you know, for a driver for a I don't think it's I don't you know I don't think it's an ideal situation, but
I'm I'm just thinking, you know, what What's the recourse? And I guess it's to try to compel the one potential recourse would be to try to compel the property owner to get a storm
water permit. I don't know what that would entail. Uh and I'm not I'm not recommending that. I don't I mean I don't again I don't know what I don't know what they have in mind for the property at this point. Yes. At this point I'm going to leave this open to
discussion if you want. uh continue this on the agenda as in discussion until we uh get further recourse on whether we have any jurisdiction or and possibly the councils getting
involved. I mean um and I I just and I'll just add I'm not I'm not advocating I'm not advocating that we we go that one route. Are there other? Right. I would rather do this in a friendly manner. Are there
other avenues that we can address? I'm sorry. I'll cut off. Right. We would rather do this in a friendly open manner and not have to have a litigation or attorneys uh to
represent um to make the site visit in involve legal services. We shouldn't be having to go down this avenue. Well, in that being said, what is what is the cost of the stormwater permit?
I don't have that. No. All right. No, that's fine. I'm pretty sure it's nominal. I don't believe it's substantial. And again, I know this specific language, but it's not the it's not the monetary issue, believe me. And I would rather not go that route. It's it's about fairness to everyone is
really what it comes down to. I hate to say that, but that's what that is. [Music] And uh I don't want to set a precedent unnecessarily for you know for this
commission. So again I'm just going to recommend we we leave this on the agenda open to discussion for the time being. That makes sense. Yeah. All right. I I guess I guess I'll just add one other thing. And I'm not I'm not
necessarily advocating this because I think once you drop the gloves, the gloves are dropped. But you know, whatever. I'm a volunteer on this commission and I I'm just concerned for the town's welfare. That's it. Right. That's all.
Well, if the commission if the commission felt all right, that being said, um I'll can I just So, if the commission felt they wanted access to the property, they can pursue administrative first and foremost. Okay.
So, that I'm just as as the agent, I'm advising I'm trying to, you know, lay out some of the options here and where they lead. But that that's another option. If the commission feels strongly enough that they want access to the property, they can cut out. No, I'll
just I'll enter I'll entertain a motion that this be left open to discussion to the next meeting, which is u. So, how are you reading it, Joe? I says it look a minor permit for four up to four
inspections for residential single and two family would be a $250 application. But do we have do we have any building plans? Is it a single family? I I mean that's is that is that the town
literature? That's once that has nothing to do with what what's happening here. So I'll entertain a motion that we continue this to for further discussion to uh the next meeting. Make the motion to continue this to the next meeting
which is uh May 28th. Could we do that Joe? Yeah, it shouldn't be it should be brief. Okay. I made the motion. Okay. All those in favor? I thank you. Yeah, feel free to call. Yeah. Yeah, I
will. Yeah, we'll talk. Yeah. Just so the public knows, whether we go to a yard sale or we go to look at property, if we see something wrong, we have to come forward cuz we raised our right hand to take an oath. So, we have
to advertise what we see. I'm just letting the public know. I understand how just let public know that point any fingers or anything. There's no um All right. Storm water
operation and maint maintenance plan record and review of matters presented. Votes may be taken. Okay. So then you need at least What does that pertain to, Jimmy? I don't know. I was just going to ask M.
No, I I'm just I'm not sure what that was for. It's not very uh Yeah, I know. It's not very highlighted. No, it's just it's not explanatory at all. I have back, you know, everybody has the same
and I feel Can we take a recess? I'd like to entertain a motion to take a recess. Motion 5 recess. All those in favor? Hi. All right, we're back from recess. Um, we have in the discussion
storm water operation and maintenance plan recording. Mike, what's that about? I don't know what that one's about. Yeah, but I did have one other thing I was going to bring up. That was the one you asked me to put on the agenda because people I guess in the storm water bylaw,
it doesn't have a specific area that stated that the storm water management plan needs to be recorded. We had some issues with Oh. Oh, okay. We just went through that with a situation down on King Road. Oh, not King Roadfield and
Hates. Okay. So, Mark asked me to put that on there so that way the commission can vote and even though it's not in the bylaw, it's going to be our policy to have it recorded. Okay. So, let me tell them a little lay down here. So in um Gfield and Hay Street um they took and
they applied for a storm water permit uh which was separate from their NOI and what happens is they're saying that they don't need to record just a storm water permit in the registry of deeds. Um
after talking with um Robbie saying he didn't do that. He didn't. But what we did is we showed him where it said that there was in the past people have recorded it. Robbie did end up recording the storm water permit. So what I'm
going to do is I'm going to entertain a motion for now on that a storm water permit that comes out of our office has to be recorded in the registry of deeds. Oh yeah. I'll make that motion. Do I have a second? Yep. All those in favor?
I that makes total sense. Okay. Yes. Very good. Agent updates. Any updates there, Mac? I just wanted to bring um and Christian was uh was there today. Buzzards Bay Coalition um have has a conservation restriction. Uh they're
getting ready to finalize for the property, the Robishaw property. I guess it's adjacent to PJ King Woods. And they're going to come to the commission to ask us the commission to take um the
restriction. Yeah. Take the restriction. To hold the restriction. Yeah. To hold the restriction. That's correct. So um I'm just kind of an update. It's kind of a successful It's a success story. I guess they've got a bunch of waterfront. Um but it's
going to be interesting. So what's the benefit? Um well it it it widens the amount. It expands the amount of land that's continuous continuous uh with PJT wood.
So you got you got a bigger swath of land protecting runoff into the cushment there. Uh they've got waterfront access. They talked about somewhere down the road coming back to the commission. Yeah. Uh yeah, for a
small arena and dock or something or you know access period access. Um and yeah, so it's Yep. It's very positive. Yeah. They're going to email me um a document. I'll
share it with you all later. The uh the deed restriction. Yeah. Yeah. and and so some of your to your point Doug some of the benefits and stuff like that. So I just wanted to bring it to you all's
attention. I think it's a good thing. Um you know any open space protection I think it's good. I think we all agree. Any other business is that unanimous? Yeah. Absolutely. any other business that may prop uh
probably come before the commission not reasonably anticipated when posting 48 hours prior to the meeting. Well, I can say I'll be on vacation the week of memorial and the Friday. So, I think we got to do some planning the week of
memorial. Yeah, usually I take that Friday and the Monday, Friday. So, I think we need to do some planning. You get like 10 days. No. What did you just Friday? Yeah. And Monday's a holiday. Monday, Thursday, Friday. So, so you get Friday, Saturday, Sunday, Monday,
Tuesday, Wednesday, Thursday, Friday, Saturday, Sunday. Do you want Friday and Saturday? No, I'm not. That's No. I'm just saying that's very nice. So, Joanne and I were actually talking about this today. We were actually thinking about maybe another meeting and
then I said, "Absolutely not. We're not doing another meeting in June. We're not doing three. It's just we give enough time already. I'm not willing to give another Wednesday night. July is a tough month. Well, we're talking June. So, what Joanna and I are going to do, her and I are going to get together Thursday
afternoon and we're going to start looking at what has to be posted for that. She'll be able to post it. So, this way we can still run our June 11th, June 25th meeting without issues. Um, we're not going to go with another meeting. We're just going to probably on
June 11th is going to be another real heavy meeting. And I hate to say this guys, our next few meetings are going to be outrageous because everyone's just building and doing everything right now. Um, which stinks for us because it is our summer time too. Um, the other thing
I want to say is Heidi text me um regarding the sites site visits and she says, you know, I had the opportunity to get my grandson and you know, that's what life is all about. Nope. That's what life is all about. And
I want every member on this board to realize that if you have family, something special, don't think that this is number one. What she did Saturday, that's number one. What I do with my granddaughters and everything else, that's number one. I just want this
board to know that priorities is not this. Priorities is our families, our lives. We are volunteers. And right away, what did I respond? That's your grandson, right? So, I just want the board to know and no one would ever get
upset with you. No one's ever going to be angry if you miss something because you're with family. And that's not an excuse. That's life. And I just want to emphasize that. And um like I said, Joanne, you and I will get together. I'm willing to sit down with you. Mark said
he can help out, too. And we'll go from there. How's that sound? I'm telling you, that's what I'm saying. That's right. I know. I know. I know we're trying to wrap this one up, but um it seems like some of you all have spoken with uh Rebecca and is um um Nelson
called me tonight, said he is all done. Um he's going to put his letter in. Rebecca already said the letter is written, but she hasn't submitted it to the selectment. I told her, "Please get it to them immediately." Um cuz it's it's better not have
on the commission and because especially when we're voting. Yeah. Because then their votes aren't being That's right. Correct. And then the other thing is as soon as they turn in a letter soon we can start advertising we want new member we need you guys. Yeah. I'm already going to try to start reading. So what I'm
going to do is I'm going to read future business. The next meeting of the conservation commission will be held on May 28 2025. Continue it and discussion only. No new applicants will be discussed. Meeting is to be held at the police station conference room located
at 64 middle road a cushion and mass. That is definitely still at the police department. We're still here. I think I think until June I I'll have to check with Sydney and Jamie. Okay. So, what I'm going to do is we're just going to pass this around and sign it.
Sign Lake Street, I believe. What's that? Sign Lake Street tonight. Right. That's it. Right. That's our That's a goal now. Yeah. Right after the signatures. I wanted that. Oh, wait. Um zero slogan.
Yeah. Yep. We got to sign zero slogan. So, I'm glad we didn't. And uh Tilly Way. So, Mark, it's very important that Slo Street gets all the contingencies emailed to them immediately. Yeah. I
know that you you're not available tomorrow, but you are available Friday, right? Friday. So, you'll be able to take care of Claire on Friday. Yeah. Okay. I just don't ever want him to say, "Well, it took, you know what I mean? I just want to get it done and Oh, yeah. Yeah. And there ain't a lot of contingencies, but I think that boring
is very important." Yep. And then All right. I know that it's only us. We only got a couple signatures left. With that being said, I'd like to entertain a motion that we adjourn this meeting. Motion to adjourn this meeting. Second. All those in favor? I
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