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Video-1: youtube.com/watch?v=5qsNqEsf1uE

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Hearing is now called to order at 6 p.m. This hearing is being held as required by the provisions of chapter 131 section 40 of the general laws of the commonwealth. An act relative to the protection of the wetlands are most recently amended. Notice that this this time and place of this hearing was

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published in the Fava neighborhood news on June 4th, 2026. It was also posted in the town's clerk office. This meeting is being audio and videotaped. Person held called in the following order. I'd like to enterain a motion to open the public

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meeting. Motion to open the public meeting. >> Second. >> All those in favor? I um whoever approaches the podium, um please speak clearly and loudly. Thank you. Okay. Minutes for approval, April 8th, 2026.

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Um, I'm going to be 100% honest. I haven't had a chance to look at the meeting. >> I looked at them earlier today. I I didn't see any issues. >> Anyone else? >> I reviewed I actually reviewed them both. >> Okay. I like to entertain a motion that

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we approve the April 8, 2026 minutes. to >> I'll second that. >> All those in favor? >> I >> um April 26, 2022 202 >> April 22nd, 2022 minutes um reviewed.

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>> What do you think? >> Same. Same. >> Okay. I'd like to entertain a motion that April 22nd meeting gets approved. >> Motion approved. >> All those in favor? >> I. And now May 13, 2026, uh, minutes to be approved

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>> other than one bill. >> I'm sorry. >> Okay. So, if you don't mind doing, I'm going to table that one and bring it up at the next meeting. >> Okay. Um, >> all right. Who's doing the minutes? >> So, so I did April 8th and Patty is resuming. Um, so she did April 22nd, May

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13th. She already has the new S. I just didn't have a time to put the details and review the rest of the stuff and add it in. So, we'll have another set already. >> Okay. Um I like to put on the next agenda that we vote on who does the minutes. >> Yep.

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>> Well, I think um Adam had mentioned we only have money till the end of the fiscal year, which is June 30th. So, that's the only place we found money for at that particular time. So up to then >> you're supposed to be taking them over after April 1. >> I did. I did the April 8th.

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>> You did April. You did April 8th one. Y >> Okay. Yep. Okay. Whatever. >> Um meeting mail. >> Um email from Megan Karns Weston and Samson. We got a notice of project change NPC for the park drive solar array project. The NPC is to inform

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review agencies, interest parties, and MEPA of the changes and confirm that the newly designed no additional MEPA review is required. Review of meta presentables may be taken. Did you see this one, Julia? >> Yeah, I looked into a little bit. I think they were just informing everyone

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involved in um this project that like their new scope is uh less impact than the previous like original approved project. I think that's all that the notice was was like let Meepa know. Um >> cuz that was one of the things they didn't do before. They didn't let me know when we were getting notified.

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>> So they just notified everybody. >> All right, sounds good. Okay, so let's see what we got here. I'm going to do the old business right now. Um, old business. Continue extension uh

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request for order of resource area delination TJA 540R Main Street SE00001-0544. Request for an extension to an existing order of resource area delination was filed by TJA540R Main Street of Kushner

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LLC property located at 540 Main Street, map 11, lot 10. The applicant has requested an extension for the proposed 3.116MW photovolic solar farm with associated infrastructure. The applicant is represented by Asa Smith of Atlantic

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Design Engineering Engineers Incorporated. Reviewers matters presented. Votes may be taken. Peer review by LEC Environmental Consultants incororated. Nat Gos Koskarani Gion. >> Close enough. >> Close enough. Julia, this one's you.

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What do we have kids? >> So, um, AC from Atlantic Design Engineers is currently in contact with Nate, the peer reviewer from LEC. Um, so they're currently picking out a date to meet up on site and do the peer review. They don't have a specific date um, set

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yet, but they're going to do the delineation sometime between May 16th and May 19th. So, it'll be June. >> Sorry, June 16. >> I was gonna say that's already passed. >> So, it'll be coming up soon. >> All right. Sounds good.

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Okay. Now, on the new business, um I'd like to entertain a motion that I take this out of order. We have a visitor from um that's on the clock. So, I'd like to bring a uh forward a storm water public hearing. So, I'd like to entertain a motion that we do take this

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out of order. >> I'll make that motion toain to um come out of order. I got a second. All those in favor? I I >> Okay. Um public hearing storm water permit Frank and Cameron Knox Mendle Road and

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Perry Hill Road map 9 lots 24A and 18H. A stormwater permit application was filed by Frank and Karen Knox Menlo Road Realy Trust for property located at Mendle Road and Perry Hill maps 9 lots 24A and 18H. The applicant proposes

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develop four resident house lots which include the construction of a common driveway. I'd like to entertain a motion that we open up the public motion open public hear. >> All those in favor I >> I. >> Good evening Mr. Chairman and commission

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members for the record. I'm Dickman from Schneiderman. I'm here representing the Knox family who under two different entities own four lots. Um up in the right hand corner of the plan you'll see basically all four lots that they own. They

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originally purchased one large parcel um from the prior owner Russ Dubo and then divided it into three ANR lots with uh three lots having frontage on Perry Hill Road. Then later on they they were able to purchase uh another retreat lot off

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Mendle Road that actually existed and was owned by I think Russ as well. Um then we did some reconfiguration of that lot to kind of combine it and reconfigure the uh the lot, make it larger. And in the end we end up with

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three lots. They're all in our lots. Um, three of them are retreat lots. One is a regular what I call a standard lot. Three of them having frontage on Perry Hill. One having frontage on Meno Road. Um, so under the bylaws, uh, it's it

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says that you if if a property is subdivided, we have to we have to get a storm water permit. Uh, similar to what you would do for a subdivision. Um, so it's a sort of a unique uh situation. I don't think I've seen properties in town yet do this. You

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know, come before you for individual residential house lots. In this particular case, uh we decided to provide access for three of the lots through a common driveway from Mendle Road. There already is a there was a driveway carved out uh because the I

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think two owners prior had started development of the Mendle Road lot. So, um it seemed to make sense to do a common driveway to service three of the homes from Mendel Road and then the fourth will be uh a service by Perry

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Hill Road. So, uh last year we submitted uh individual septic designs for all four properties, the board of health and conservation commission. We also submitted uh notice of intents for those loss to be developed and new commission. This commission approved individual

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order of conditions for the properties as well as for the construction of the common driveway. Um we had to uh initially go to ZVA for a variance relative to the design of the common driveway. We had done that prior to coming before you. Uh so the last two

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steps that are needed in order for them to have permits in order to develop three of the four laws is number one is to have a storm water permit issued by the conservation commission who's a storm water authority. And uh then we last step when we filed I believe this

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morning with the planning board is to get a special permit from the planning board for the construction of that driveway use of it. Uh it made no sense to apply to the planning board without the storm water permit. We're trying to do this in a logical order of events. Um so a couple of months ago we submitted

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the uh storm water application. U we submitted a storm water um analysis and report and uh our client submitted a peer review check for somebody to do the peer review of that storm water as required under the bylaws. Uh the plans

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that were originally approved under the order uh through the order conditions have changed slightly uh due to the peer review but nothing substantial as far as work and activity within the the jurisdiction of the conservation commission. Um so I can go through all

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the sheets. Um we did walk the site as a group uh back in the fall. Remember it was somewhat of a cold day and the brides were still out. So, um, uh, I I don't want to bore you with that. Um, we did get a and I thank you, Deborah, for

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an immediate response on the peer review number two letter. Um, and it seemed very positive with a few minor tweaks. It seems like we're there for for a stonew permit to be issued. Um, were notified of this public hearing.

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I'll get rid of my files. >> You can just pass them down if you want. >> Thank you. >> Well, you're making those work now. >> So, to give a quick summary, um here's Mendle Road. Um this is a 20 scale

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drawing, so you have to overlap plans in order to get it all in one big picture. um 24 wide gravel road. We'll have a paved apron at the entrance. The the gravel road follows the grade. Uh there'll be some minor adjustments at the beginning, but more or less the land

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flows the way we want it to. It flows from east to the west to east, I'm sorry. >> And so we're following the contour in the existing gravel road, which will be driveway, which we wide the 20 ft. If you see the big mass line over there, that picks up right here. Uh essentially

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the the the driveway then takes a lefthand turn and then follows a stone wall uh along a north south property line. The plan's now flipped goes this way and then it comes down and and it ends at

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this point. Uh at this house there are two fire turnaround access points here and then one over here. At this juncture of the turn, then it becomes a singular driveway to service the first house. When you go around the bend, there's a

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driveway to access the second house. And then there's a long driveway that takes you down to the third house, um, which we serviced by the common driveway off the page to the north, which is on another another plan. Storm water's uh going to be handled by a uh a swale a

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drainage swale running along the entire length of that driveway discharging at this point at the end point uh which is approximately I'd say about 90 ft plus from the wetland line with the trap rock outall.

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This is our limits of clearing at this juncture right here. We're 83 ft from from the wetlands. There's also going to be um there'll be a small depression here which will capture water and divert water from this corner here where land the water tends to flow across into that

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ditch. There'll be a stone trench leaching trench along the southernly or the eastly boundary of this section of roadway. And then as you take the bend there's another uh drainage swale along the northerly side which will eventually discharge into a plunge pool at this

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location. I think at that spot. Uh looks like we have about 78 ft uh of natural wood stain. So we're slightly in the buffer zone at that point. And then additionally, as that driveway goes in that direction, each driveway has leeching trenches along their downhill

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side for recharge. And then in order to make the storm water model work, there are additional uh drainage depressions, what's called bio retention basins on uh two of the lots to the north. This is the lot with the

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long driveway as you shoot off the end of the common driveway. And you can see that the uh the driveway will uh basically go into a bio retention basin at this point with the pipe discharge in this direction. All houses will have

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roof uh rea systems uh for the recharge of groundwater. Um every single one of them, all four two of the houses have um bio retention basins. And

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the last lot, this would be the uh first lot you see there's a stone trench was added in this location. roof runoff system is off to the rear of the house. This is the lock coming off of Perry

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Hill Road. This was previously approved uh driveway through the wetland system for application areas here which will generally function as a as a storm water basin in and of itself. As you get to the house site, this this loft will also

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have now a bio retention basin in this location and the roof run off will be in the front of the house. There's also a leeching trench along the side. Water will discharge into the trench and then pipe back into this basin. So each site has their own small mini storm water

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systems collectively and then the common driveway has its its own storm water system. Um, so that's pretty much the project. Um, be happy to answer any questions. >> So, I know um Deb is here this evening.

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Um, I believe Julie, you received the email yesterday. >> Um, I received the peer review um response from Dave yesterday. Yep. And then I sent it to Mel yesterday as well.

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So Deb, you got anything to throw in here? >> So do you leave? >> Yeah, please if you don't. >> So just in case you guys were ready to move forward or not, it's all up to you. Um I tried to get through our comment

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letter and >> Excuse me. Deb, can you say your name, please? >> Sorry. >> Deb Keller with Mel Engineers and L Surveyors. >> Thank you. Um, as Dave mentioned, we had some u drainage comments and they've addressed primarily all of them. I I would

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highlight if I can form a couple that I noted to either be addressed maybe before you guys close or um they could be conditioned um which are the the

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sediment outlet traps and there's very multiple of them on the site for out of the bio retention areas I think the one in uh specific that I'd like to see dimensions for is along the swale main

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common driveway coming off of Mendle. Um they've sized the stone, but I'd like to know how big that dimension uh pad needs to be so that when the contractor does it, he doesn't just build it off the plan and find out it's >> too small or too big or whatever. So, if

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we could just have dimensions um for that detail, that would be helpful. One of the things that we were working on, which I believe is resolved, was looking at the driveway coming off of

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>> Hill, >> Harry Hill, >> and making sure that the cross culvert underneath it was large enough capacity for any upgradient um wershed area. and we looked at the upgradient and Dave did

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a site visit and confirmed that the uh a butter's driveway sort of cuts off a lot of that watershed. So now they've doubled that culvert from a 12-in to two 12 in underneath the driveway to make sure that we can handle up to a 50ear

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storm event. Um and that flow goes underneath the driveway. So hopefully there's no wash out of that drive. And then it's this lot here which is

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lot 8C. So what what they've proposed at the each house is sort of a a small portion of the driveway at the garage entrance as paved. So we want to make sure that that area is treated. And what they've added is a stone trench at the back end of the driveway and the

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driveway pitches towards that stone trench. What I'd like to see uh specifically on this one is either up updating their detail here or adding some spot grades along that backside to make sure that we've bmed up the grass

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area behind the driveway so that when the water runs across, it hits the trench drain and goes into the trench drain rather than >> keep going. >> Keep going. So I think that's really minor just so make sure the contractor built it the

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right way that was it >> you know that sounds like what I what I reviewed >> and you know those changes are minor in nature and we didn't certainly provide a revised plan um as a condition of

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approval or if you want to continue the meeting and we then provide it they could be subject to her you know Deborah's review of the final changes um however you want to handle it's fine by us. So, we took in um like she said, we just got it yesterday. We didn't even get a chance to look at anything. We'd

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like to see everything put on plans over guys plan. Um so, with that being said, I'll taking uh after you guys get down, we're going to entertain a motion to continue this uh till the next meeting. We should be fine. >> Okay. >> I'm asking you. >> Oh, that's not a problem. >> We'll have enough time for next meeting

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is when? >> June 24th. >> So, I'd like to entertain a motion that this gets continued till June 24th. uh so we can get the revised plans and everything. Motion to continue for June 24th. >> Second. >> All those in favor? >> I.

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>> Any no questions? >> No, we're good. >> All right. Great. >> If we got any, we'll give you a call. >> Thank you. >> You're welcome. >> Yeah. I agree. >> And we're going to see another I haven't had the opportunity. >> Okay. Okay. So, now we're going to

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rewind. Good business. Uh, public hearing, NOI, Brookside Realy Trust, 1094 Main Street, SE00001-0624. A notice of intent was filed by Brookside Realy Trust for property located at 1094 Main Street, map 7, lot

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15. The applicant proposes to construct a concrete pad, foundations, and pave driveways to install associated utilities for the placement of three mobile homes partially within the 100 foot puffer zone of the border investigator wetland and inland bank of an intermittent stream and the applicant

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is represented by David M. Dominion of Standard Deinion Leon Incorporated. Plan name is site plan for property located at 1094 main street. Date May 27, 2026. Review of matters presented. Votes may be taken. I'd like to entertain a motion

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we open the public hearing. >> Motion to open public hearing. >> Second. >> All those in favor? >> I don't want off of my file. >> Did he You want to check her down? >> Yeah. >> Do you need your file? >> Call.

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>> I do. >> You want me to run outside? >> I don't mind. if you don't mind. I just want to make sure I don't I'm like >> go >> block that initial All right.

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>> Is that right? There you go, young man. Thank you. >> She opened it up. >> I didn't I didn't all Thank you. >> Yes. Yeah. >> For the record from China Leone. >> I'm here representing Brookside Realy

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Trust. um which is uh it's off it's 1094 Main Street, but everybody knows that it's Clemens Way. Clemens Way is a driveway essentially and it services the entire mobile home park. Um the the owner is looking to infill some openings

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that he has uh within the park with four new mobile homes and that would put him basically at capacity. Um, so, um, we filed a notice of intent on his behalf, uh, due to us being within the buffer

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zone with three out of the four homes. I didn't highlight the fourth one, but it's across the street from the three that are highlighted on this plan. That home uh, being out of the buffer zone. We had Brad Holmes go and look at uh this side of the site and there's a wetland way down south from us that the

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buffer zone is is this green line, but we also we have wetlands to the rear of this area that's basically grass and maintained lawn area. Um we have we have a pond and there was a flag line that was already approved by the commission

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under an HNRAD which was done by the solar company under Bees and Thomas. Same thing with the green that you're seeing up uh above the the page. Uh so there are three proposal homes maximum sizes. We have a stake in the field. We went out and looked at them. They'll be

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parallel to the existing that are in place being 30 between 30 and the pond. Basically it's all an open grass maintained area. They'll all be placed on slab foundations. They'll step down with the grade. They'll be connected to

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the sewer line in the street and and the water line that exists as well that services the park. We're showing some patios behind each unit and uh two uh parking space uh driveways in front of all three units. The orange represents

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erosion control which basically be put in to encompass all of the work activity. Um we did get a DV file issue today. Um, and there were no comments. So, with that, I'd be happy to answer. Oh, one

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more thing. What we talked about at the site was um there's another permit that is open and running for the property owner to uh relocate his well system, which the two wells exist in the field in the back. Um, it's in poor condition,

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the wall pump house and the pumps themselves. and we obtained a permit to install wells um further up the site which is actually in the woods um along a Woods road that connects um the field to the south and and the north piece the

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east piece of the property and that order is in place and they're working on it. We had a pump house, a old oil pump house approved in this location uh fairly close to the wetland and we are now proposing to relocate that over here and we're hoping to just incorporate

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that under the same notice of intent um just south of the road and again we had Brad Holmes go back and continue the Beles and Thomas line and and and run it off site so that we knew you know where that defining wetland area is.

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We've we added this plan to the uh we submitted last week as an addendum site plan for the well pump house hose. Um he has wells in and he's he's moving as fast as he can because the solar company

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is at a standstill until he activates the new wells and the water system because the water lines run through the fields. For some reason they dog lay around back. Obviously want to

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jeopardize any water system to the park. >> Anyone have anything? >> Dave, what's the distance from the the new site to the to the proposed? >> Correct. Yes.

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>> Let me get my scale. The prior the prior dimension was about 8 ft and now we'll be about 25 plus and we do show erosion control around the outside.

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There will be some tree removal in that around the because the trees are big tall pines at that location. Anything else? Anyone from the public? If you're going to say something, do you mind going to the podium?

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>> So, I'm Deborah Perry, my land of Butts on the other side, 1122 Main Street. I fought against that solar farm all year last year to no avail. because the the stream the brook runs

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right up against my house. Um and uh I I can't even think of his name. I think his last name is Farcus or something like that. Um he swore to me that he was going to put some trees in so that we wouldn't see the solar farm.

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He didn't return any of my phone calls after the whole thing went through. So obviously he had no intention of doing that which is exactly what I thought. He came shook my hand said I promise you Debbie uh I'm a man of my word. I said I

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really don't believe you and yeah no I've called like five times. No return of calls. I've texted them. So we got a big full front view of the ugly solar farm that's going to go in. um which is I think going to lower my property

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value. Um I'm hearing the trucks and everything as they're knocking down the trees. Many last year as this was going on there was numerous um uh permits that they didn't get and all of

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that. And I my my my concern was that that was going to knew once that solar farm went in that things weren't going to be done right and we were going to have concerns about that as things went through that nobody was going to monitor it and watch it and

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that all those little creatures that lived in that that waterway the herring run and the the river otter and the box turtles that we had out there that I sent pictures of that the Massachusetts Wetlands Protection Act

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nobody is protecting them and what is the point of the Wetland Protection Act and having that buffer zone if everybody keeps pushing past it because they pushed past it and cut trees down before they even had the permit. They cut down

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an acre of land of trees without the permit. They were cutting trees down right against my property without the permit. Um, I know there were some things that, you know, they got, you know, a little slap on the wrist or whatever, but they kept going.

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>> Then they got permission to continue. Then they got permission again to to reroute things or do different things with the waterway and all of that. And I don't see any turtles out there anymore now. I don't see that river otter

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anymore. I don't see anything happening out there anymore. And um you know, we still have birds out there, but there were no ducks there this spring or anything. There's nothing. So now we're going to give him permission again >> to go do something on the other side

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possibly. >> You got to understand these are two separate. >> I do understand. However, >> I'm not trying to be rude. It's the same way. >> I understand your um >> But it's the same waterway. >> Oh, no. Granted, but I just want to make it clear that you know, I I know that. I

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do know that. I do know that. So, no disrespect, but I do know that. But my point is it's the same wetland. >> It's the same waterways. It's just going on the other side of it now. And I did get the letter because I'm an embodiment. >> Yeah. No, I understand. >> So, it's the same wetland protection

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act. >> My point is we're here to >> protect the wetland. >> Well, but we're here to review the Brookside project, >> right? And I and I feel for what's occurred, you know, >> but it's the same wetland that you're

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supposed to protect. >> I do. >> And it's the same the same the same thing that keeps getting pushed. >> I would say to you that, you know, to try and give it some time because it's been proven that there is benefits to

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the wildlife once the solar arrays are in place and and you can research that. >> I have. Okay. >> And I've also researched the other >> I'm not saying that will be the case and and if it's been detrimental, >> I can relate. Uh but

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>> what we're trying to discuss and determine is what occurs now at Brookside. And if you could, you know, um >> make comments regarding that would be what? >> My my comment is that you're supposed to

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protect the wetland. That's why that buffer zone is there. And I don't feel like anybody's doing that. >> So we go by the book then. That's what we do. Okay. When they did the solar, we didn't believe in the delineation. We made them hire somebody else. The the field became a lot smaller. The soul

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field become a lot smaller. Right? So all we can do is what the book allows us. Right? So if you're saying that we're allowing people in the buffer zone, they're allowed somewhat in the buffer zone within that 100 ft. Right? They're not allowed to be into the wetlands, but they are allowed in the

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buffer zone. We pushed them back as far as we can. I'm going to be 100% honest. I am not into solar fields at all. Not even a little bit. So, I got your back on that. And as far as um Mr. Fox, I am going to give him a call cuz I'm old school and handshake means a lot. >> So, I am going to give him a call um and

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let let him know how disappointed you are. And um that I'm going to do as oneonone. Nothing to do with this project at all. Um, just because I can't I'm old school and believe in the handshake. You got a handshake. I believe in it. I am going to follow that up for you. Um, as far as Brookside, I

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don't feel that there's anything in our jurisdiction that we can say, well, you can't go and put three trailers up against that area. There is absolutely nothing that says we can we have the right to stop them. >> Well, um, just so you know that them lots already pre-clared. They're going

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right alongside other trailers. It ain't going to be anything more than an eyesore than what's there now. It's going to be a continuation of trailers. So, that's what I'm saying. This is Brookside. This is Clem's Way and Brookside. As far as the solar field, I feel for you. I really do. We did

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everything we could. And um like I said, I am going to call Zachary as a personal um redemption to this because I just don't believe that anyone should shake anyone's hand and then walk away. Uh but as far as the trailers, um we are doing everything by the book and um that's

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what we're going to continue doing is what the WPA allows. And um every engineer knows the book just as good as we do. Some of them know it a little better. So they know what they're proposing. Um the only thing we can do is say if we don't believe it, we send a new delineation. And that's what we did

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for that solar field. That got a lot smaller because we didn't believe in their originals. Right? So, I just want you to know that we're on your side and we're not saying that we're not, but we do have to allow them to go by that book. And if they say, "Hey, Jim, we can

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put it here." We have to say, "Okay, because the book tells us it's it's it's our diary. It's our Bible." That's what we go by them. So the the other thing the other side of that coin is everything falls into litigation if if we do

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>> per se deny a request that's acceptable. So, it's not easy for us to make those decisions either. And you need to understand that we're not >> we review everything as much as possible and determine the best outcome for every

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situation and for the residents more so and the and the protection of the weapons. That's that's that's our main goal. It's not it's not to promote >> uh industry or or you know

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>> that's the that's the mission of this commission >> and I mean no disrespect >> I think and I know you don't and actually you're just here with hot filth all those >> and I understand that but like I said we have to allow them to work out of their

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book >> so >> all right >> thank you If I may, Mr. make a few statements. Um um this is this project has nothing to do with solar farm. My firm had nothing

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to do with the solar farm. Um we we don't want to work on solar farms as a engineering company. Um and I understand people who have to live with them being built next to them. They're massive and obtrusive and whatnot. Um, and you know,

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for this project, we represent the property owner of the park who just wants to create housing for four more families. And it is well within the framework of what's allowable under the wetlands protection act. The wetlands were, as you said, Mr. Chairman,

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approved under a prior ANRAD. So, we're the boundaries are already set in the field and uh there's no no actual clearing that would be required for for what we're proposing. And we did a D file number and so it was reviewed by somebody at the DP wealth section and

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there were no comments. >> Yep. >> Okay. So, um I'd like to entertain a motion that we close the public hearing. Motion to close this public hearing. Second. All those in favor?

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>> I I um this is all under one NOI, right, Dave? >> Yes, it is. >> Yeah. Okay. Just double checking. So, you know, you have all the um standard conditions uh that are on the notice of intent. I'd like to read one off to you, too, that would be that is going to be put on your um order. Um erosion control

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inspections on site meeting with contractor within 5 days prior to construction, no stockpiling of materials, no equipment storage, no refueling, no portable toilets, all wash out from concrete in the buffer zone. A cert certificate of compliance request is required no later than 18 months

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after the issuance of an occupation permit. If the applicant fails to comply or content, uh, contact the agent, a $250 fine for non-compliance will be issued. I know you have four of them. They're probably not going to get all done on the same time. Um, as soon as there's one done, if they think it's

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there, please contact our office. We're not going to to take and uh find you for that. We just we'll go through it as contacting the agent. We'll go visit each one, give you a thumbs up, and then at the end, we'll get the COC for all four. >> Okay. >> Does that sound all right? >> Sounds perfect.

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>> All right. So, with that being said, um I'd like to entertain a motion that the order of conditions are accepted. Motion to accept order of conditions. >> All those in favor? >> I thank you. >> You're welcome. Okay.

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Public hearing RDA Jennifer and Charles Anderson map 14 lots 8A 8B and 8C halfway Road RDA number 38. A request for determination was filed by Jennifer and Charles Anderson for property located at map 14 lots 8A 8 and 8 on

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Hway Road. We can't request the con the conf confirmate confirmation that the isolated vegetated wetland area flagged by Brad Holmes is non-jurisdictional. The applicant also requests approve the floor flour flags

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at a possible driveway access located which at the end of a finger-like project projection. The applicant is represented by Dave M. Deinion of Slanted Dominion and Leon Incorporated. Plan name is existing condition plan lots AA 8B and 8C Haway Road dated May

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22nd 2026. Review of matters presented. Both may be taken. I'd like to entertain a motion that we open the public hearing. Motion to open public hearing. Second. All those in favor? >> Go ahead. Dave. >> Thank you, Mr. Chairman. In case anybody's joining us late, again, Dave

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Vman is Van Leone and I represent the property own property owners of the property. Uh, this is a 12 12 acres site. It's on the assessor's map says three buildable retreat lots. They purchased all three from the prior

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owner. Uh, we had the wetlands flagged by LEC. Majority of the rear of the site is a wetland. There's a small sort of finger-like projection that projects towards the north. Everybody to the west along Brookside. These are all developed

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lots with the exception of a a wooded area of Brookside which is a paper street currently. The the purpose of of this preliminary filing I'll say, you know, in lie of or head of a notice of intent. I anticipate should they build on law three there'll be a notice of

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intent. um and one and two are probably out of your jurisdiction, but we need to make sure or uh determine how our access is going to be on the site. So, we have an isolated area flagged um sort of in a

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a rectangular oval area to the north that that Brad has determined it's not connected to anything. We did the volume computations from a topographical survey and it's it's about 20% for it to be regulated. Uh as a isolated land subject to flooding.

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So essentially that area that you see green is uh non-jurisdictional and we file the RDA for the determination um by the commission uh to confirm that it is nonjurisdictional. They would like to bring access through

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Brookside Drive. they're currently um have they're having an attorney look to see if they have access whether it's a public way or not, whether they have access rights to it. And so the second part of if the RDA was the approval of four wetland flags for this finger-like

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projection so that we know that we have if if we can't come in, you know, if we can come in here, this is their preferred access for a driveway to lot three, and I believe they're going to build on lot three. So you will see a notice of intent in the future for this lot and we're not asking for any

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approval of any line uh beyond this fourth flag so that we can get a driveway through and obviously you know the the future of this isolated area you want to determine so such that you know should they decide to sell lot two you know they can actually bring a driveway

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through here if they need to. Um and it gives them a piece of mind that there's not a wet system in their way. So that's the filing. It's simply there's no work being proposed. Um it's simply to confirm that that's non-jurisdictional and just to approve

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four wetland flags at the splection. So I know that um Julie reached out to the DP on this um because this is kind of the isolated flooding and that so it's kind of a little bit new. They said the only thing to look out for is if it's a possible vernal pool. That is not

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possible a vernal pool. Right. So, um, just so you know, we did try to look into it so we kind of knew what we were talking about when we came here this evening. Um, but you are right that is non-jurisdictional um through the D when Julia went over it with them. So, uh, we

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are set with that. Um, as far as the four flags, um, anyone else got anything? >> No, that would be ideal. >> Yep. Uh, anyone from the audience on this? I think so. So, what I'd like to do, I'd like to entertain a motion for a positive

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determination on the RDA. Positive determination. >> Second. >> All those in favor? >> Thank you very much. >> All set. >> You're going to need more coming up. >> Oh, I'd like to take a motion to close the public. Motion to close public

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hearing. >> Do I have a second? >> I'll second. All those in favor? >> If I may, um I I wanted to just broach a subject that is on your agenda. Um the first case, the Knox case. Um I just

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wanted to see what your opinion was on what we have for the four. So we have four I think there's four order conditions separate for each of those lots. >> Yep. That would be right. and and so um once the storm water permit is voted uh

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and approved, all four plans relative to those permits were um tweaked to meet the storm water standards. And I wanted to know what your feeling was as a commission if I were to submit a letter and ask you to the final plans

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as they be revised one more time based on Deborah's letter today and as accepting those four plans as the new plans of record to go with the order of conditions and not have to go through four amended orders for changes that

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were relative because of the storm water bylaw. >> We've already continued this Dave. Oh, I know. No. Yeah, I'm just um >> Did he record those um two? I think there were two orders, right? 60. I think there were two. One for the three

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watts and one for the one. >> Oh, that might be just trying to think. I think you might be right. I don't know what Perry had its own order. >> And you're right. I think we did it because it was a common driveway play. >> Oh, right. Yeah. For the other three.

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>> If they're not recorded. >> No, I believe they're recorded. >> Oh, they are. Okay. I was brought. Would that be an easy suggestion of what you do? >> It would just because the lots when you look at all the lots and a lot of butters and they're notified for the storm water permit.

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>> Yeah. >> So to do an amendment for the orders, it's it's redundant. It's just doing things twice. >> Oh, no. I hear you. So let's do this. They can get us all the prints, uh, the revised plans, everything else. We will bring it to a meeting. We'll accept them at a meeting and then this way

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everything's legit. I don't think you have to go through an amended order for the >> tweaking of the storm water because that's all you're changing. >> Correct. So >> yeah, they're intertwined. >> Yeah, I know as well. I mean it is minuscule

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in the grand scheme of things. >> So we'll do that, get them all revised, get them back to us and we'll do a vote on it that night. >> Okay. That this week so that the next agenda there' be a letter requesting formal letter. All right. Okay. All right. Thank you. agent

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notes >> discussion first. >> Okay, >> I see what you I see what I got. Okay. Uh 3 path 35 halfway road update review of me prevented vote may be taking. Go right ahead, young lady.

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>> Okay, so um I just reached out again to 35way Road because they're supposed to be filing an after the fact NOI with us. Um, so I reached out to um, Field Engineering who they're working with. Um, they let me know that they're a little behind uh, right now because

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since the winter they've just been behind on work, but they plan to file the after the fact NOI with our office sometime next week. So they're they're working on that. Um, and then after they file the after the fact NOI, I'll reach

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out to um the homeowners and over the phone just get an update from them on how they plan to go about this. But that's um just a little update on that one. >> So they will be submitting a full NOI after the fact NOI with plans and everything. >> Yes. Okay. >> Next week hopefully based on what they

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said. >> Sounds good. Okay. Next on the agenda, 16 Hunter Street update review of matters presented. votes may be taken. Once again, young lady, this is you. >> Yes. So, last time we talked about um getting a peer reviewer out there. So, um since the last meeting, I reached out

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to Brad Holmes to potentially be the peer review for this site. Um and Brad seemed interested on taking on the project. So, um I gave him the homeowner's information and he's reaching out to the homeowner. Um I also spoke with the homeowner on the phone

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today. Um, and he said he's willing to work with us on this and hire Brad if Brad is willing to take on the work. Um, I also just want to let everyone know that I told him it's just going to be an update tonight. So, it wasn't necessary for him to come to the meeting. So, that's why he's not here.

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>> Um, so yeah, that's uh the update on that and he just said we can stay in contact and he'll keep us in the loop on what's going on. >> All right. So, I was talking to Julia today. What we're going to do is we're going to let um him pay Brad Holmes directly or LE is his company, right? Yeah. >> That we're going to let him pay LEC

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directly this way here. We don't have to have the Chad pay. We're going to um Julia's also going to make sure every email that is sent to him or through Brad Holmes, we're in that whole loop. So, we get to read everything. Um so, we'll know everything that's going on. We can interrupt or step in anytime we

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see anything we don't like or do like or whatever. Um Julia will keep us well informed of that. she will actually have Joanne send all the emails to us um through our emails. This way if we want to see what they said, what's being said and we are going to keep 1600 street on

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um every agenda. >> Um so this way we can just keep everything. >> Absolutely. >> And that's like 35 also I'd like to keep on too. >> There is one slight problem with that is the homeowner did say they don't have email so they're going to be doing

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things over phone calls. Um so I how exactly that's going to work. But I did tell Brad um I'd like notes from all the phone calls emailed to me so that way I can have the conversation. >> So I want to change this a little bit then.

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>> Yeah. I don't know how that's going to work. >> So right now we got him paying, right? Correct. I want to change that. I want I want it now to go through us. I want all the emails from Brad to go through us. If he's don't have the emails that we can keep in the loop, I want it to go 100% through us then. Um, so let Brad

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know tomorrow. Let um the homeowner know that we are going to put it through our town. We'll open an account here. We'll pay Brad. He has to get us a check because I want to make sure we get every email, everything Brad's thinking. I don't want nothing to slack. >> Um, and with phone communication, you

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can lose a little bit right now. Emails from Brad, we won't lose nothing. >> So, I want to change that right over. Um, and we get everything. Um, let the homeowner know, like I said, tomorrow that they have to give the town a check, whatever Brad thinks, and we'll run it through our town. I might be thinking

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out of thing here. Maybe I should vote. You guys okay? It's going to be hard to trace what's going on otherwise. >> Yeah, that's right. >> We got to put any type of a time frame on this. >> So, right now, we're still talking with Brad. Make sure we get Brad locked in

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and then Brad will tell us when we can go out there. Uh, I feel very confident with Brad. Brad ain't the kind type of guy to just say, "Okay, I'm going to do the project." And sit back. He actually kind of runs out to him for us. So, uh, I feel very confident with Brad. I don't think we have to put a time date on this

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yet. I think the only time we are going to have to time stamp it is once he gets the once he once the we know from the peer view and what the homeowner has to do, then we'll put a time stamp on how how long he has to prepare everything. Uh and I think that's important that we do take that extra step and put a time

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frame on this. >> 100% agree, young man. Well, like I said, we'll wait till everything from the back. Anyone from the audience want to talk? Anyone want to interject? >> You want to say something? >> Yes. Yes. >> To the podium? Yep. >> I can't hear

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>> to the podium. You can >> speak up. >> I'm blind in one eye. I can't see out the other way. >> I can hear problems right now. I got two herinades. You want to borrow one? >> No, I got them in, but my ears I got infections.

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>> Oh, yeah. Yeah, that'll do it. Yeah, that'll do. >> And being a diabetic, >> I don't heal that quick. >> Yeah. >> You know, okay. My presentation is >> State your name first. >> See this guy? >> State your name first.

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>> Charles Whip Street in Kushner, Massachusetts. >> Thank you, young man. Okay, this here guy showed up Monday, >> Saturday. >> Saturday. >> Was it Saturday? >> Saturday. >> In her backyard looking for a nesting place.

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>> Okay. >> And apparently it might have been next door which land was all filled up and everything else. >> Yeah. So before we we just keep going into this, I kind of made it strong last week how we are right. We're handling

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this 100%. go forward. We're not slacking whe whether that was looking could have nested at someone's land. I'm all I'm concerned about is the violations and I'm going to be 100% honest with you guys. I'm not concerned about an animal that might have brazed there, might have had a home there. All

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I'm looking at is the violations of what's we got going on at 1600 Street. We're hiring a peer review. We're going to handle everything we can. Um, I feel that this is going to be a high a very high stake for him to repair. Let's put

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it that way. I really do. Right. Um, and I'm not holding back whatever the peer review says. I want to go full steam. Um, so I just want everyone to know that, you know, I understand that you want to bring in a picture and that, but we're all here volunteers, too, >> right? So, I don't want to drag our

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nights out if we don't have to. Um, we we're trying to just streamline everything. And that's why I kind of said it last week. uh until we get this ball rolling in the direction of a peer review. Yeah. >> Unless he's over there doing something, then please call her, get a hold of us,

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whatever you want to do. We're 100% okay with that. >> But you guys have to let us do our job now. >> She'll verify it. >> Okay. But don't you think that Society should know about these things? >> So, I'm the conservation commission, right? I'm the chair. We're trying to

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handle a known violation that we can see. Um, so if you want to contact anyone else, go right ahead. I don't mind. All I'm saying is we're focused right now on violations. That's our focus. >> Okay. Focusing on >> the wetlands protection.

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>> How many tons of dirt has he brought in there to build the wetlands? >> Oh jeez. >> I mean, yeah, but hasn't been since after that last summer, right? >> No, >> not since, right? I mean, so that's what I'm saying. We got everything stopped, right? We're moving forward to see how

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we're going to correct this, right? So, um I mean, if you guys feel better um and I can say this, I'll entertain a motion that we have Julius send a cease and assist on that property so we know he can't do nothing. >> Do I have a motion? >> Because he's still fertilizing the grass

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back there and putting all kind of stuff there. So, if there's turtles around, what's going to happen to them? So, I'll I'll make the motion to um have a cease and desist letter certified sent to the property owner.

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>> I'll second that. All those in favor? >> I >> And Julia, can you please put on the uh order that no more fertilizing lawns or anything until this gets further into >> Yeah, that's good. >> So, I do want you guys to see what we're trying to do here, right? We're trying

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to solve a violation, right? But like I said, we are volunteers. We do want to streamline everything. Not so much at that project, just here at night. Right. So, >> yeah. Right. That's >> that's great. Yes. Thank you. >> So, like the chairman said, if you guys

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want to contact the autobond Society regarding this matter, >> I mean, you guys can do whatever you want. >> Yeah. There's multiple agencies that you could >> reach out to. I mean, but >> right now the violations is the

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>> and we got to figure out how we're going to solve this, >> right? And then we go from there once we know >> once that's established >> cuz I know a turtle can't dive off a wall to get into a stream. >> No. >> Yeah. >> It It's sad situation cuz every time I

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come down my street, I look down there and it used to be all woods. Now there's nothing. >> Yep. And we we this was all said last week. This was all said when we went there and um I'm going to tell you I have to be 100% honest. I am very grateful for what the way you came

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forward last week. Um it really put the the truth into my eyes. I was being told a few different things. So you were very helpful last week. Really put the truth to it for me. Um I appreciate that. And like I said, now we got to kind of just sit back and let someone else do their jobs, right? And if you guys do that, I

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really appreciate it. you're welcome here anytime you want. I love to see people in the um conservation commission meetings and unfortunately we don't have a lot of people that do come. >> So I mean anybody wants to come and just even see what's going on in the neighborhood, we really appreciate it.

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So >> cuz I don't want to be stalled out, you know, and >> it ain't going to be stalled. It will not be stalled. >> No, this is >> and I think you can hear that in the tone of my voice. Again, it will not be stalled. This won't be cuz I won't be taken off into that

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subdivision and all the people that are there are happy. >> I know. >> You know, >> like I said, this is all repeated last week. Um I'm not trying to throw you off the podium, but >> Right. It's like being here. >> Yeah. Because people seeing what was

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going on and everything else, >> they they were saying to me, "How he can do that?" >> You know, you know. >> So, like I said, we're going to do our job now. Y ain't >> just me people this summer. >> And like I said, we're going to do our job now. Okay, sir.

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>> I hope so. >> We will keep an eye on >> I'm going to keep an eye on you guys. >> You're welcome to attend every meeting. Come to every meeting. That's I don't mind. You could stay. >> Yeah. So, Christian go to the podium tonight. Um

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>> Oh, yeah. Very good. >> All right. Very good. Thank you. >> Thank you. >> Can't hear. Have a good night, young man. >> Six months with this thing. >> Wow. >> Yep. >> Thank you.

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>> Thank you. >> Okay. Further discussion. Uh 185 Matapo Road update. If Matt is presented, votes may be taken. Young lady. >> Okay. So, after the rain um last I

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believe it was last weekend or the weekend before, I did get a call from a resident complaining about the um runoff into their property still. And then it came to my attention that 185 Matapoit Road is currently for sale. So, I sent

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out a letter to the homeowner. Um I just reached out to them asking for an update on their work towards completing the amended order and how they plan to go about this while under the process of selling what their their plan is on how to keep this moving. >> Um, so just so we can stay in the loop and make sure this project gets

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completed in a timely manner. Um, so that's the the letter update I sent to them. >> Yeah, I see that >> and no response. >> Not yet. I just sent it Monday. >> When? When? >> Monday. >> Okay. Okay. >> That's understandable. But

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um I think that we need to u continue this at the least in a discussion. Uh so we can get up an update uh hopefully at the next meeting. >> Okay. >> Mr. Chairman, you mind if I go to the podium? >> Oh, please.

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>> James Suza, 183 Metapo Road, resident of 183 Metapo Road. So, I saw the realtor out in um a couple people looking at the property. Um I asked the people, I said, "Do you know that there's an amended order?" And the realtor told me, "Yes. Um Shane and Tracy are not looking to do

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it. they're going to pass it off to the new buyers. Um, with that being said, uh, they're going to miss this planting season, uh, cuz it's almost too hot right now to plant. We're real close to it. Um, with that being said, that so if no one buys this place for six or seven

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months and then we're into the winter, that means it's going to be a whole another winter before this gets done and then it'll go back into the next spring. This is already, just so everyone knows, this is already 17 months old. 17 months old that I take on somebody else's

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water, right? Um there was never an enforcement right away. Finally, there wasn't enforcement. That dragged on forever and then here we are again. The rain was so bad last Saturday, you should have seen my backyard, the water pouring right around the concrete blocks down into my property, right? Like I

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said, I'm over 17 months. So, I know that um as I called the agent, I'm going to call the agent uh at the office, I talking to her. She was telling me there also is a date, I believe. um that >> I believe it's um I I think I misread

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it. I think it's August 2028 is the actual date that it needs to be done by. >> So, what date was it? >> August 2028. >> So, I know that Joanne put um August 26 on it. Uh she was mentioning that to me when I went to the office to see.

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>> Yeah, that's what I um and I'm unclear about if it's 2026 or 2028 because I was speaking about this yesterday, not yet. yesterday or sometime this week and it was 2026. Then I think today someone said 2028. So I'm a little unclear of the dates. >> Well, no matter what either, right? I

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think it's just this is just totally unfair. And I just want you to know that his attorney lied to me, lied to my engineer saying they ain't even going to let wait the 10 days. They're going to take and do it immediately. They shook my hand out into this uh area right here

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where I went outside and we all had a gentleman conversation. Well, that handshake meant nothing to nobody except for me, which was a bunch of bull crap. They ain't doing nothing. They avoid me. They're letting all the weeds grow back. And once again though, my property is getting flooded. So, how do we do this?

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How do we handle this? Right. What are we going to say? Oh, maybe next year, Jim, you'll be all right. Because as of right now, if it's 2028, that's two more years before they have to do anything. >> I certainly hope not. Yeah, I certainly

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hope not either, >> right? How would you guys feel if this is your happy your neighbor? Right. He built something totally against the original plans. Totally against it. And then all of a sudden now I got problems. It dragged on for 18 months or 17 months

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that nothing's been done. We're still at the same place we were the day that I came and put a complaint in here in April. Right. And as a resident, what am I? The old guy, so it doesn't matter. But the new house gets everything they want because that's what's happening. They're getting whatever they want and they're

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doing whatever they want. >> I just don't understand how they are not um >> you know, >> well, I'll tell you what, Jim Marsh, his attorney, is scum because he lied to my uh No, I get the right to say it, right?

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He lied. Shane Tracy is scum. He lied. >> I'm not arguing. >> Right. So, everyone's lying to Jim Souza, lying to our engineers. We thought we had something here. We all shook our hands saying, "Oh yeah, they're going to do this." Well, they're not doing nothing

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>> and it's very, very frustrating. >> I don't know. I think we're going to have to look at what kind of civil action could possibly be taken. >> I agree. >> Some type of a disciplinary uh >> I agree. >> Um, >> you know, maybe um >> reach out to

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>> the DDM for some guidance. So after the >> possibly town council, >> yeah, after the phone call from the res what you know what kind of teeth we have or beyond us, you know, uh civily, >> I did reach out to the D. Um they

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weren't able to give me um exact guidance on what we can do on this. >> It was unfortunate. We kind of did it out of order. We kind of, you know, >> did mess up a little, but they did say we do have the right to reach out to town council on this and see what what

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they think should happen. >> Yeah. And that that's, you know, so with the >> I mean, you got to understand, Jim, I I I'm not, you know, trying to defend the the butter, but it's not like one of us can just go over

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there and tell the guy to, you know, do what he's got to do because >> this came up last April. What the heck? I'm getting out. I was spotted on December, January, February, March, April, May, June, July, August, September, October, November, December,

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January, February, March. Now we're at April June again. >> All right. So, you have a valid point. What do you suggest then? >> I suggest this commission does something. So, all in the beginning when you were >> That's not an answer. That's not an answer. What is What do you What do you

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suggest we do? >> As a commission, I don't know what you can do. >> You don't? >> I'm a resident. I'm up here as a resident and that's what I have to be up there as. >> Well, again, you want to go tell him Jimmy uh Doug to

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go to to put a shovel in the ground and get it straightened out because >> unless we get settled and >> and how does that how do you suggest? >> I just I'm I'm >> You want to You want us to get a lawyer or how do you how do you suggest we pro proceed? >> I I think

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>> that's that's what I'm getting at. I feel they should definitely go before the town. >> I don't think the town lawyer >> I don't think as much as I understand I don't believe the town is going to uh finance legal action. So I I really don't know

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what we can do as a commission. The what is nothing's worked thus far and I think >> he hasn't done nothing. >> Nothing has worked. >> Yep. nothing has worked >> to force him to rectify the situation. So unless you

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have a suggestion, the only thing we can do is possibly discuss it with town council. >> Yeah, >> there's nothing one of us can do. And if you feel you can go right ahead, Doug, >> I can reach out to town is cheap

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>> and see what they think. That's what they did to you guys. >> I understand that, Jim. You don't need to keep argue nothing. So I again would suggest to reach out to town council and see uh you know where

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as a resident I'm being yelled at at the podium please >> you started the y >> and unfortunately um you know whoever the new home buyer is of this property they're going to inherit a lot of expense here to um to get through these

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issues. I have a question >> with all the >> I don't I don't understand why Jim doesn't realize that we've already gone through these legalities with town council >> and the select board. >> Okay.

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>> I I >> so unless you have a better suggestion >> I totally agree >> which I don't >> I don't >> and if if there isn't a protocol to resolve this >> Yeah. question >> per the state. >> Yeah.

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>> Yes. I'm sorry. Please. >> Third time. >> I'm sorry. I am. But I'm, you know, >> they must have known they want to sell before they all came in and made this agreement. >> Uh, it's could, you know what? He could have >> I want to know. Did they know? >> I'm going to tell you right now. I'm sorry. Go ahead.

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>> I mean, did they know that they were going to go through with it because this was happening? like it's just I don't like it was it seemed like all set that they were ready to >> honestly my opinion on all this I I think they've done this they don't want to inherit the expense

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>> to fix the problems and the violations >> they should because >> and I agree I I think totally accountable but how do we do that >> I don't know that's why we don't I don't appreciate you know being chad without any strong suggestion

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>> I because That's great. >> This has already been kicked down the road. >> Yeah. >> Through town council, >> through the board of selectmen, and they all >> put their hands up. Okay. >> The way they and I'm going to tell you

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right now, most likely they're going to come back with the same response. This is a civil issue that Jimmy is going to have to ultimately pursue, >> right? and and in a municipality. I I don't see unless

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there is a protocol if there's a state mandate or something where we can >> uh issue a fine or you know >> I I just don't know if >> obvious I'm going to tell you my opinion of this. I think this individual

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uh had this uh this in mind from the start when he developed this property. And I got to be honest with you, I really feel because of all of what's uh what's uh gone on with that uh butter. >> Yeah.

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>> I think he had this intent of developing the property and moving on to a bigger and better property. >> Yeah. >> And and that's my opinion in in this matter. But >> regardless, no, I don't I don't that's my opinion. And that doesn't matter.

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The issue is >> how do you hold his feet to the fire? And I I what I don't know what he thinks if I can just walk over there and and and you know, >> right? >> Yeah. >> Tell him to put a shovel in the ground and get it rectified because

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>> none of us can. >> It's not happening. >> Yeah. Yeah. >> And if again I think we reach out maybe to Alex >> that you know with and Alex and

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unfortunately um you know I'm always busy and hopefully >> in order conditions needs a COC normally. >> No I I understand that. So, so on top of so I think the uh uh the way they could

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possibly circumvent that would be a cash sale. >> Well, the wetland violations again >> again that that remains to be seen. I don't I'm not I don't know what you're uh

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considering the wetland violation. What are you considering as >> those corner flags? >> Again, I I did I walked the site. Yeah. >> And I felt that the revetment was not in

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approaching as as we thought. I'm going to hit rewind on those tapes, Christian, and and read that because I believe um the engineer um even confessed that at the podium >> that that reventment wall was in the

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wetlands and he said, "Mr. Thomas, you're right." >> Okay, >> you are right. >> It didn't appear so uh from what I >> looked at that day. >> Yeah. But if you want to pursue that, I

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mean I I did >> I think you passed that. >> I did. Well, I did mark the site and and you know, I think the concern >> out there >> the concern in front of us now by the um >> correct butter of that property is the

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wetland u the storm wall >> issue. Right. >> And again, >> I'm open to suggestion. >> Yeah, >> that's all that's all I can say. Julie, you just sent this out and you haven't heard a response to this letter, right? I just sent that one. >> So, I mean, do we know for sure that

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they're not going to do it before they sell? >> Um, I think we can should leave this probably on the agenda so I can give an update uh next time regarding their response. >> For sure that he's not. >> I can also reach out directly uh through a phone call and and talk this out with

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um the resident of 185 and see if I can just reach out. Yeah, I can do that as well and see if I can get any information. >> So, let's leave this on the agenda. >> Absolutely. >> Well, for discussion, yeah, but for the time being, >> okay.

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>> And uh if >> attorney MSH has a a suggestion, then uh >> you mean Alex? >> I mean, Alex, >> that's correct. Yes, that's right. And again um you know depending on how that

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transaction ultimately uh final gets finalized it could be you know >> it could even not >> all right >> it might even come before us again perhaps >> well they might do it and have intention

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of doing it we don't know I >> I don't and again I mean >> it's not like we know that yet Okay, I think we have >> So, um that that being said, um we'll leave this in the uh in discussion, >> okay,

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>> for the next meeting >> and hopefully we'll have a somewhat of an update and again um you know, I would check with D and and you know, find out if there is a protocol. I mean, if possibly there's um

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you know, some type of litigation that we can we can uh We don't know that. >> I don't know. >> We're not going to do it. We don't know that. But >> that's right. I agree. >> Can't really do anything. We know either way. >> Yeah. All right. Uh, moving on. Review

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of memorandum of agreement between EPA and town. Review of matters presented. Votes may be taken. I sent this memorandum. >> That's just my notes. Sent him a stab. >> I I didn't Oh, it does say agent.

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>> Yep. So, um, yeah. So, last meeting, um, I believe his name is Chris Kelly. >> He was here, um, yep, >> he gave us his presentation on, um, the memorandum of agreement and that was

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sent out to all of you guys. So, I sent this agreement to town council um, as we agreed to see if they had any edits or wanted to change any words um, in the litigation. So, they had a few edits, but it was mostly just changing like specific words. For example, they kept

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changing the town's conservation commission to just the commission. Um, but they didn't have any large changes to the actual um what what it meant, what the difference was between like the actual litigation. So, I have here just

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their corrections are in red. Um, and then I have like the actual thing in case you guys end up wanting to pass this tonight. Is that the same one that uh he uh >> This is the one that was sent out to you guys. >> So that's just the version with the corrections >> redacted. Yeah.

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>> Yes. So I left the corrections there in red so you guys could see it. This is the version with the actual corrections. Um, in case you guys want to accept the corrected version, >> you want to wait until >> Yeah, you might want to wait on this.

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>> Yeah, I guess. >> It's up to you. >> No, I understand. >> I mean, is that >> Oh, there's a few. >> Yeah. So it was mostly just changing specific words here and there.

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>> Anybody supposed to sign it or is it just >> I think it's so let's just move that to uh the next meeting. >> I don't see I don't see an issue with that. >> No >> no >> no I think we'll just um continue that

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on the uh discussion to um what is it 24? >> Yeah. Thank you. >> Oh, interesting. Doesn't it doesn't require select board approval either, huh? >> Yes. Sorry, I meant to mention that.

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Yeah. So, um, town council said that it it won't require select board approval. It's just an agreement between us, >> right? If we accept it. >> Yes. >> It's done. >> Yeah. >> All right. >> And it's no rush to get that.

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>> No, I >> Okay. Any other business that may other business any other business that may properly come before the >> agent updates first? Sorry. >> Oh, >> you're all messed up looking at Jim's agenda. >> Yeah. All right. Look at

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>> No, I got it. >> Okay. >> Uh, hearings meetings will continue to be held for the month of June at the police station conference room. Other business any other business that may properly come before the commission

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are reasonably anticipated when posting 48 hours prior to the meeting. >> Did you do you go into a do we have agent updates? >> We do. Just one. Yeah. Sorry. Um, so the agent updates, um, I did get a phone from the town to use for site visits and

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and work. So that one thing >> we'll put that phone number on. Do you want to put on the website? >> Yeah, sure. We can do that. >> We'll see if somebody can help us with that. >> What the phone number is? >> I I don't know it yet. >> I I got the phone from Jamie, but it's

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it's in her office still, but she has it from me, so I'm pick it up tomorrow. Okay. >> If you could send us an email with a phone number. Yep. >> Okay. Yeah, when she tells me the phone number because I'm sure it'll take a little while. >> Then I'll try to get it on. This is

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>> So Joanne has an update. >> Oh. >> Which is going to be um going to start vacation in on the 18th. >> Okay. >> This is a lot >> that happened. Yeah. >> Oh yeah. >> In the home next week. So there's some

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medical in there too. >> Oh, that's right. >> So this is a lot. I mean to get through between now >> now and the 18th. >> The 17th because >> well that bro I understand it starts on the 18th. Yes. Yes. >> This is a lot.

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>> Yeah. So that's Wednesday, right? Yeah. Wednesday 17th, right? >> Wednesday. >> Okay. >> So if there's things you can't do, we'll just >> Yeah. We can do >> I'm just >> So Julia, you get you obviously pick up

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your phone. What's the uh update on laptop for you? No update on that as of now. >> I don't think that's going to happen. >> Yeah, >> even a tablet though. >> No, even the tablet would be, you know,

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uh certainly not allocated. >> Well, no. She should have a tablet with with um what do they call that link? So you can >> you can access it anywhere that's called you know I mean that that would

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>> if she needs to reach out to it. >> No I get it. No, I was great. >> Certainly can't do that. >> Of course. How do I What's next? >> Um, hearings meetings will continue to

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be held for the month of June at the police station conference room. >> Yep, we did that. >> Okay. >> Other business. any other business that may properly come before the commission not reasonably anticipated when posting 48 hours prior to the meeting.

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Future business, the next meeting of the conservation commission will be on June 24th, 2026. Meeting will be held at the police station conference room located at 64 middle road and cushion and pass. >> Okay. So, the only other thing I'm working on too is um

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the selectman now will be meeting on Wednesdays, which are the same Wednesdays that we normally meet on the second and fourth. And of course, we've had the schedule for, you know, 20 years. Well, not 20, but good 10 years.

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>> Yeah. >> Um it went from Tuesdays to Wednesdays. >> 15 years. >> Yeah. So, it's been a long time. So it's difficult for to ask I think us to change that. Plus we have

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um deadlines that occur for WPA this five days. So Wednesday is the day. >> It works. >> It works. Yeah. For everybody you guys are volunteers. So um I reached out to Margaret. She was supposed to reach out

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to um Mr. GAP to find out if um they could maybe change like first and third where we're second and fourth. Oh yeah. Cuz even for us to change from first and third >> I think engineers just

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>> have that schedule and they are draw >> a lot of other communities have been planned out when we meet the times we meet. So it's available to other engineers to make that process simplify. >> Yeah. >> So

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>> all we can do is ask and you work with. >> Yeah. And so um they have a like 90 minute kind of like session time. So they meet at 4. They're telling me they'll kind of be wrapped up by like

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quarter 6. My only concern was sometimes we We have solo project. We do have larger audiences waiting. So they might be disrupting their >> you know if they're not their session. Yeah. No

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understood. Yeah. >> I mean that's just something they could be already uh uh >> I mean I generally get there a half an hour earlier. I could tell people to kind of you know they're still in >> So So this being said, is there a limit on us using this room?

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No, I don't think so. >> But the other >> the other caveat is we go out live at the other location where this one doesn't. I believe >> I understand that. But >> that's true. >> It's about making compromise as well,

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right? >> So, what's the extent of the of the usage they they're looking for on the the select board? What was the I mean, I think this one meant a fine for us to have the second and fourth.

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>> I think what the concern would be is if they run a little bit over, we'd have to, you know, maybe >> Yeah. >> I mean, would would anybody be open to maybe 6:15? It's an odd time, but I don't think anybody wants to push it out to 6:30,

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>> right? >> In my opinion, uh, my my personal opinion, >> right, >> doesn't work very very well because Some of the meetings get a little bit length long and uh it just you know I mean >> and again I think the engineers are

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tuned into like they have to be in another community. >> No, that's probably right and that probably right is is is cordial for everybody. >> Yeah. Well, that's just the thought process that's happening now. We're still here until uh June 24th. The next

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meeting is in July is just one >> Oh, yeah. Sure. because of the publishing schedule >> the holiday >> for um the beaven neighborhood news. >> She takes a vacation and when I talked to her in December, >> she thought it was one, you know, whatever week. So, I planned it, tried

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the my best to do the scheduling. So, I um updated the schedule as of today. I sent it over so they can publish it. Tomorrow I'll send out like a blanket email uh to most of the engineers that we commonly use just to let them know

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plan accordingly. I already did that. Um that's all we can do. So for you know July 22nd hopefully this like we have a really short meeting and we're good to go you know. Um I think we should try to just see how things work. They're telling me they kind of stick to a 90

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minute schedule. So if that's the if that works out it'll be 4 to 5:30 they should be cleared out of there. I'll be walking in. We'll clean up a few things. People usually come in about quarter of. So, I mean, my only thing would be if they ran over a little bit. If we would if the people if we had a bigger

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audience, would it be disruptive to them? But >> just ask them to be mindful of that, too. >> Yeah. Right. That's what I'm saying. I get there early enough that I could tell people or we could maybe even move to the other room, you know, >> in that other area. It's going to be some easy because I don't think it's

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going to happen that often that they run over an hour and a half, you know. I I don't think it's >> I mean the other option I did ask if they could do the first and third like what does it matter to them? Maybe it does maybe it does matter >> as much of an issue for them as possibly

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could be for us. >> Correct. That's what I did bring up to them. Um so that's still in the works. We're still figuring things out. Um you know for for now I'm keeping this agenda the way we have it. the schedule >> the schedule I mean that's the filing

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deadline schedule keeping it the way we have it here >> and then >> we'll have to just get a little bit more information >> she's because like I said like you said it's disruptive to us to change and and we don't have a lot of play with the

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with the publication times because she only public exercises on Thursdays and you have to have >> so we can't really move we can't move any earlier. You know what I'm saying? We can't do it Tuesday. We can't do that. >> Well, we'll have to u

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>> All right. Is that anything else? Anyone have anything else to add? Okay. That being said, uh I'll uh entertain a motion to adjourn. >> I'll second. I'll make that motion. All those in second >> I >> I