hearing. Uh, this public 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 and act relative to the protection of the wetlands as most recently amended.
Notices of this of time and place of this hearing was published in the Haven neighborhood news on February 19th, 2026 and March 5th, 2026 and March 12th of 2026. It was also posted in the town's clerk's
office. This meeting meeting is being audio and v videotaped. Persons wishing to be heard will be called in the following order. Um I'd like to entertain a motion to open the public meeting. >> Motion to open public meeting. I'll second it. >> All those in favor? >> I I Whoever approaches the podium,
please speak very clearly and loudly. >> Uh folks, just a gentle reminder, silence your phones, please. >> Thank you. >> Thank you. >> Thank you, Jim. >> Okay. First thing is minutes of approval. March 11, 2026.
review of Matt's presented votes may be taken. Um, I did get a chance to look over them. I didn't have any issues. I don't know if anyone else did. >> I wasn't able to look at it. For some reason, I couldn't get it. >> No issues. Um, Heidi, did you get a chance?
>> Good. >> All right. All good. With that being said, I'd like to entertain a motion that we accept the March 11 2026 minutes for approval. >> Motion to accept March 11th meeting minutes. So moved. >> All those in favor?
>> I. Bold business. Okay. With that, um, continue public hearing in Hawaii in Stonewater, Cristiano, uh, meet in the middle LLC zero metal road, map 23, lot 1B, SE00001-0620.
A notice of attendance and storm water application was filed by Cristiano meet inthe-middle LLC for property located at zero middle road map 23 lot 1B. The applicant proposes to construct a singlestory commercial storage building
with office space and contractor yard for material and supply storage with associated uh pave parking utility storm water management controls and landscaping within the 100 foot buffer zone to the border and vegetated wetland. The applicant is represented by Chris
Vanderberg of Psyche Engineer and Environmental Consultants in Incorporated. Plan name is proposed contracted yard storage facility dated December 12th, 2025. Revised January 20th, 2026. Stormwater management
reported dated January 2026. Project is being peer reviewed by Merell Engineering and Land Surveys. Review of matter presented. Votes may be taken. I'd like to entertain a motion that we open the continued public hearing. >> Motion to open continue public hearing.
>> I'll second. >> All those in favor? I >> I sir. Oh, wait. You showed up today. >> I guess that's where we start off as the apologies. I'm not the >> So, I'm going to say it one time, right?
We're volunteers and we're there. >> Yep. >> So, with that, continue. >> Did not get that. Thank you for that. Um, so yep. Apologies for not attending the site uh uh there. Um so after last meeting um talked with the applicants um about ideas rectifying the issue with
the um equipment storage area. Um still waiting on the comments from Mel. Uh we haven't heard or seen anything on that front. Uh so we are still waiting on that. speaking um with the applicants uh proposing to
just rectify the equipment storage area by shrinking up a little bit. So instead of being I think we're like probably maybe 35 ft away from the wetland we did from the wetland now we are about 50 ft away from the wetland. Um also proposing
the front half of the uh 50 ft 50 foot in the front area to be um storage area for equipment for hydro equipment only. So that's what the change has been since the last plan trying to rectify the issue with the um equipment storage
specific type of equipment that we store in there. So kind of where we're at with it just again waiting on reveal. >> Yep. Um the only thing I mean we walked the site there too that ain't just wetlands. That's a pond. >> There's a pond there. >> Oh no. 35 ft away from your sur from
your stake >> like in this area right there. >> Yep. >> So there is a pond there. So after seeing that I'm even more concerned. And I don't even think 50 ft is good enough to tell you the truth. Um uh that I don't even know if that's a vernal pool. I don't know if that's a
pond. I'm not sure what that is. I think that should be researched. So, you tell us what that is. >> Um, if it is a vernal pool, it's got to get certified. >> Um, so there's a lot of questions on that, um, corner that I have, and I think that's something you have to
research and let us know what that is. >> Okay. So, um, Julie, you got anything to say on this? >> Um, yeah. I also wanted to bring up that wetland, so I'm glad you did that. Um, but uh I know we've received some comments back from you. The commission has not had time to review it yet
because I only got to reviewing it just yesterday. So, I know they haven't seen it yet. Um, so with that being said, I would suggest that we continue this hearing um also until after the planning board's meeting so that way they can
have all of their um information set because if they don't have everything set, we'll have to change it anyway. So, I would recommend we continue this till April 22nd. So, that way all the peer reviews back, the commission has time to review it. The planning board has had their meeting and everyone kind of knows
what's going on with the comments. >> Yep. So, is that right, Chris? You got your meeting with the planning board on April 16th, I believe. >> Yeah, check that. Yeah. I mean, so did you say we did receive some comments back >> from you? I I think I received the comments. Yeah, received the comments in
response to Merrill. Yes. They haven't responded at all. I'm just saying. >> Correct. Right. >> So I believe your meetings would be April 16th with the planning board when I was talking to Victoria today. >> So with that being said, I think the 22nd meeting would be the best. So what
I'm going to do is I'm going to entertain a motion that we continue this to the April 26, 2026 meeting. And that will be here. Correct, Julian? >> Okay. At the police department again. >> April 26th. >> April 22. >> 22.
>> 22. 20 seconds. >> 20 seconds. >> I'm sorry. >> 2026 is what I said. >> All right. Um I entertain a motion. >> Make motion to continue for you saying is somewhere in this area is where >> Well, I mean I think it should have been
indicated on on the plan. So I paced off from the corner of your steak right to the pond. I came up with I think I came up with 11 steps. I'm about a three-foot stepper. So at a big step, you know what I mean? I figured I'm right around 35 to
35 ft away from that pond. I'm not sure if it's a pond. I'm not sure if it's a vertical pool. I'm not sure what that thing is. >> All right. So, we kind of do that research. You got to let me know what that is or let the board know what that is. I think that that's reasonable to ask. >> Yep. >> All right. >> First time here. Let me know.
>> Hey, it's the first time I saw it. >> Yeah. >> Right. So, that's why we can say visit if I could. >> Chris, that is part of the property that >> Oh, yeah. Okay. I'm just I noticed there was a a fence type of it was a >> I know they used to have animals there. I don't know. >> They used to be hostage years ago.
>> Yeah. So I don't want to be the one to say whether >> I'm just curious could be spring. I have no idea. >> Neither do I. Right. That's why I think um >> but it's definitely it's it holds water 99% of the time. Yeah. It's something
and we're not, you know, um, >> qualified, I guess, enough to even put a label on it. That's not the experts. >> So, that would also tell us what the requirements are, the distance is from it once we know what it is. >> Correct. Yeah. Absolutely. >> Correct. They could. >> Yeah.
>> And that should have been on that plan. So this if this may be the case 50 feet might not even you know be irrelevant. >> We may need to hold the 100 ft or something. >> We have no idea. So this this may be a
scrap out and we do a doover here. We we're going to really have to rely on the experts to find out what this body of water is >> um and and go back at it. I think you say scrap. What do you mean? as far as the plants because these plants um
virtually we won't be able to use these plants because number one that body of water is not even on that first sight plant. That's number one. Number two when whenever they make the decision of what that is whether it it's a veral pool or natural spring whatever the case may be it still needs to be identified
on a drawing. >> Okay. >> So we may have to >> redo a drawing here. >> You might have a 200 step back from that. We have no idea what it is and we're not saying that's what it is. >> Neither here nor there right now. >> Right. Do the research, find out what it is, let it go as we know what it is and
then we can go from there. >> Yeah. >> And um once you find out what it is, you should know the rules of what you have to be away from it and everything anyways. And so it might give us a new element on the whole thing. So one more time, I'm just going to entertain a motion that this gets pushed till April 22nd.
>> So I'll second the motion for April 22nd for continuance in this matter. Yeah. >> All those in favor? >> I I >> unanimous. >> Thank you, Chris. >> Thank you. >> Thank you, Chris.
>> I mean, are you senior or you >> But I don't see anyone else. >> All right. >> You guys all set? >> Okay. Continue public hearing noi stormwater MD South Coast Properties LLC 72 Middle Road SE00001-0623.
A notice of intent stormwater applicant was filed by MD South Coast Properties LLC 72 Middle Road, map 24, lot 35. The applicant proposes to construct three duplex buildings with associated site, construct a contention pond within the 100 foot buffer zone of a bordering
vegetative wetland and to perform minor clearing filling and grid within 200 ft of riverfront boundary. The equant is represented by David M. Dominion of Snider of Dominion and Lone um incorporated plan name is special residential development plan for over 55
units to be known as Middle Road Meadows at 72 Middle Road equipment and mass dated February 10th, 2026. Project is being peer reviewed by Merryill Engineers. Review of M is presented. Vote may be taken. Voted at last meeting
was to continue at um April 8 20 uh April 8, 2026. I'd like to enter in a motion that we open uh the continued public hearing. >> Motion to open continue public hearing. >> Second. >> All those in favor? >> I. >> So, um we still haven't had a um site
visit. We're not doing that till 4426. Um we did talk the last meeting about continuing this to April 8th, 2026, which was voted on, but I will entertain a motion that we continue this bill April 8, 2020 motion to continue for April 8th.
>> Second. All those in favor? >> I. >> New business. Any new business, kiddo? >> That's right. I'm looking at you. >> Any new business on the new business side or no?
>> Um, >> you're Yeah, >> it says it right here. >> I went there, but this is here. >> Yeah, >> business is in the wrong spot. >> Yeah. >> All right. Sorry about that. >> Not me. That's you guys making your notes. I don't know how they got moved, but
anyways, sorry about that. So, let's go to the next. >> The same thing as >> Oh, okay then. >> I think you're just reading it wrong. >> Really? >> Oh, I see what you're saying. Yeah, I am reading it wrong. This is new business.
All right. Extended request for order of resource area delineation TJA 540R Main Street SE00001 um-544. A risk A request for an extension to an existing order of resource areas
elimination was filed by TJA50 540R Main Street and Mass LLC for property located at 540R Main Street, map 11, lot 10. The applicants were requesting an extension for the proposed 3.116
MW photovolic solar farm with associated infrastructure. The applicant is represented by Asa Smith of Atlantic Design Engineers Incorporated. Review of matters presented. Votes may be taken. Um, this is not a voted uh hearing, so we don't have to open it up that way.
With that being said, Acer, I'm glad you can make it here. Um, you were there Saturday. Um, don't know what to say, but just so you know, all the volunteers were there. >> Yeah, I understand. I had a conflicting scheduling issue and I was able to make the first two, but those got pushed back
through the snowfall. So, I apologize for that. >> Yep. >> Um, so my name is Asa Smith representing Atlantic Design Engineers on behalf of the applicant TJ 540R Main Street Christian LLC. Um, we're requesting extension to the existing order of resource area delineation originally
issued on February 27th, 2020 under D file number SE1-544. The subject property is a 40 acre vacant former agricultural parcel addresses 540R Main Street. The underlying project that this override is associated with has experienced delays primarily due to
utility interconnection study with Eversource which extended beyond the anticipated schedule and as a result construction has not yet commenced. Importantly, site conditions remain unchanged from those reviewed under the original OAD and no work has occurred that would alter the previously improved wetland resource areas. So in
delineation was only complete or was complete originally completed by Connor Consulting using standard methodology under the wetland protection act including evaluation of hydra soils, vegetation, hydraology and topography. The wetland flags were refreshed in January 2026 and are shown on the updated wetland location plan provided
to the commission as shown here. In L's opinion, the wetlandation remains consistent with the previously approved OAD and we respectively request that the commission grant the extension. Happy to answer any questions you guys have. So, I got a um right off the bat, I got a couple things to go with. So, um actually Julia and I were kind of
looking at the plans, the original plans. Um your original uh delimination was 2018. Yeah. >> Right. So, your plan should be still saying the same date. It shouldn't have gone to January 26 cuz then otherwise you'd be going for an amended order. You have to go with your original plan.
You're submitting the 2018 plan again, not a 2026 plan. >> This is the 20 Yeah, this is the 2018 delineation. That's the >> That was refreshed. >> Yeah, but it says 2026 on the plan. What I'm saying is you should have made sure you kept the same dates because as I look at it, the dates it looks like now
it's a whole new drawing, which it is. No big deal, but that's something you can look at. >> Um the other thing we went out there, um just so you know, as volunteers, you want to know exactly where you are when you're reading these flags. Not one flag had a number on it. >> Yeah. >> So that was kind of an issue, a big huge
issue for us, right? Um because when we say, "Hey, where are we? What number we at?" And he don't know. The guy that was there um Saturday, he didn't know. We didn't know. We're all guessing. Um but the other thing I want to say is that,
you know, you look at this 2018 is when this was originally Millennium, >> right? I know it went to plan in 2020, which put them already two years old. Right >> now, we're up to eight years old. Right?
Um, I know this is um totally up against the whole commission, but uh with that real quick, I'd like to let um Julia bump in on this one with us. >> Yeah. So, we walked the site uh as Jim was saying, it was kind of hard to tell
where exactly on the plan we were at um because the flags weren't marked unfortunately. >> Um but we did take uh have some soil samples taken to see like the soil, you know, within the wetlands and side of the wetlands um to try to see like the
different colors. Um and it did appear that the delineation might be slightly off. I mean it has been like we said eight years. Um so it's not probably exact anymore. Um I would recommend that
we have a peer reviewer go out there and check out the delineation um and see if it's I guess up to par as it as the original plan. Um, that would be my recommendation. >> So, I know that um your scientist was
out there and we're not sc I have no idea what soils are. You can't tell me if it's he was saying this is a G3 going into a G. I have no idea what that is. Right. So, just to kind of give you why we do the soil samples. When I went to class, >> the guy says, "Go 10t away from that
line." >> Yeah. >> Do do a soil sample. Then he says, "Go to the line." He says, "Even though you're not a scientist, if the colors don't change, something ain't right." >> Right? So, we did that in a couple spots. Couple spots the colors did change. He was giving us the numbers. He
asked me if I was a soil s I said absolutely not. I'm just a dumb pile driver and that's what I am, right? But um being 8 years old um so we can do it as a peer review or you can just open up a whole new
uh application, right? It's like I don't think it's either way it doesn't really matter, right? to go for the peer review, you're gonna have to pay it through the um the 53G anyways. >> So, I don't know if you just want to open up a new one, make sure you get it
redated proper. Um the guy that was out there Saturday, um he didn't even know like what flag numbers we were at. So, and then >> stop like and then the other thing is is um I
actually called our um circuit rider. regarding this situation. And um he said, "Jim, don't forget 2022 they came up with different plants. They came up with a different science thing." So um things have changed. Things have
changed, right? Them they might be real close to where they are, >> but for us to say we're going to being 8 years old. Um >> yeah, I mean I know that nothing has happened up there in 8 years. >> Well, yeah, but you don't know what else grew. >> Yeah, I said that. That's that's
delineation. It's the soils, it's the vegetation, it's everything. So, I understand that. Um I'm confident with this, you know, delineation as as was presented it and happy to go to peer review if you think that's necessary. Um don't really think there's much choice. So, yeah, I think that's fine.
So, now it's kind of up to the commission whether we go for a peer review or have them file a new um a new OAD. Yeah, I mean I don't I don't see an issue with a peer review personally.
>> So peer review they're going to have to hire an engineer. An engineer is going to get a botness there. So it's a lot more expensive. >> Well, I understand that and I think it's you know, you know, we're taking a lot of time here and for a plan that was previously approved. Um and >> some approved in 2020 just
>> No, I understand. Yeah, completely. there are some um even some you know tolling periods that have been extended due to COVID for approvals um for example the planning board. So I know that a lot of those even were extended you know by default um and so I think that you know it's probably best if you
guys don't have a way of determining the line if we do get a professional opinion in and have them take a look at this line and you know dictate what what needs to change. Um I don't think it's that you know there could be too many changes out there. So, I'm I'm kind of
in in agreeance with Christian to um you know, have the professionals put an eye on it, have it rediated. Uh I'm sure some things have changed out there just from what I saw. >> Okay. >> So, when I did um when I did call the circle writer, he said right off the
bat, he says um you may you may extend it or you just may have them file a new one, right? Um, so if we want to do peer review, I will entertain a motion that we send this out
for peer review under the 53G um count and um we'll have to get you a proposal everything else. But with that being said, I put in a motion to have a peer review. >> So moved. >> Second. >> Second. >> All those in favor? >> I I um we're going to have to see who's
next up on the list. Uh give them a call. Uh we'll get the quote everything else get over to you guys and uh then we'll go from there. >> Yes. >> Right. >> Should simplify it. >> Do you want to come? You think I'm not
sure how long that process will take but >> yeah I mean I'm hoping I can get done as soon as possible. >> Again I won't want to waste your time. I don't want to waste their time. >> I think you got until June, right? Was >> Yeah, we had plenty of time. I mean, this is kind of why we wanted to get >> ahead of it. Yeah. Out so we have everything to embry
back on the 22nd. >> I would love to if we can. >> Well, let's see what we can do. Um, we'll let Julia get working on this on Friday. She don't work on Thursdays. We'll get her work starting on this on Friday. See if we can get it out. Try to get a proposal for you. Get it back to you. You're going to accept it. Get us a
check. the whole I'm sure you've been through peer review before. You know the steps and um let's move on. >> Great. >> Thank you. >> Okay. Next on the list is public hearing NOI Kelly Chase for
Elderberry Drive SC00001-621. Excuse me. A notice of intent was filed by Kelly Chase for properties located at Fort Elderbury Drive, map 16, lot 171. The applicant proposes to replace the existing attached garage with a new
accessory dwelling unit ADU. The property is located within the 200t riverfront area assorted with a perennial stream. work is located entirely in upland areas and outside of the bordering vegetated wetlands. The applicant is represented
by Nathan Dilva of Farland Corporation incorporated. Plan name is site plan for elderberry drive dated January 5th, 2026. Review of matters presented. Votes may be taken. With that being said, I'd like to entertain a motion that we open for public hear. Motion to open public
hearing. >> Second. >> All those in favor? >> I. Young man, go far. >> Good evening, commission. As you said, Nathan from Farland Corp from Haven. Um, our client Kelly Chase is proposing a accessory dwelling unit on the existing dwelling on the lot. The footprint of
the existing garage that was there itself extends out roughly 18 ft further into the rear backyard. It's still roughly 30 ft away from the 25 ft wetland buffer that you see delineated here with this pink highlight. Um roughly about 90% 90 square foot portion
of this addition is within a 200 foot repairarian buffer due to a perennial stream that's tucked back in this wetland here. Um the wetland was delineated uh towards the end of last year. Um we see the wet line this pink line here. Apart from that I don't think
I have any other comments. If there were any questions I'd be happy to answer. >> Yeah. Why didn't you blow that up? We're roll you know. Yeah, struggling. We're struggling. Um, so we did do the site visit. Um,
um, I didn't see a lot of issues. Um, I will put it to the commission in a second. Um, and the only thing I do ask did ask that the homeowner is going to stop cleaning the mess. >> Correct. Yeah. >> Beautiful. I let them know if they could also once they do that send over photos. I'm sure you guys would love to see that. >> Beautiful.
>> Beautiful. All right. Anything from the commission? >> Good. pretty cut and dry. >> Yeah. >> So, this one is pretty cut and dry, >> right? >> So, what we're going to do is um we have um special conditions that we add to our
order conditions. Um you still have to go by 100% of all the standard order conditions. Um but we do have some uh extras that I'd like to read off right now. >> Okay. Erosion control inspection on-site
meeting with contract with contractor 5 days prior to construction. No stockpiling of materials, no equipment stored, no refueling, no portable toilets or wash out from concrete in the buffer zone. A certificate a certificate
of compliance request is required no later than 18 months after the issuance of an occupies permit. If the applicant fails to comply or contact the agent, a $20050 $250 fine for non-compliance will be
issued. Um, just to give you a quick little background on it, we're going after COC's that are 25 26 years old. We're done with that. Now, we're giving them 18 months after they get their arch permit. Um, if they fail, we
automatically $250 fine. The other thing is or they come to us. So, if they have an issue why they couldn't get any compliance, all they're going to do is come see us and we probably won't charge them the 250 as long as they have a reasonable reason, right?
>> Yeah. Yeah. So, they we got to keep in the thing. We really got to keep an eye on that. Um just because we're tired of doing these 20-year-old COC's and the only reason they come to us is because they need new bank loan or they're selling the property and then they're like 911 and us, oh, we need this by
next week, right? And we're done with that. So that's why we came up with that in our rules. Okay. >> So with that being said, I'd like to entertain a motion that we accept the um order of conditions with the special conditions for this property at 4
Elderberry Drive. >> So move second. >> All those in favor? >> I um with that being said, I'd like to entertain a motion that we close the public hearing. Motion >> close. Second. All those in favor?
>> I. >> You're all set, young man. >> What's that? >> We try to keep double. >> Yeah. >> Who's my toes? >> That's right. >> All right. So, now what do we got here?
>> All right. Public hearing NOI Logan Zalooki 166 Lawson FE0001-0622 property owner Allan and Cobra Baker >> Cora Baker a notice of attempt was filed by Logan Zooki Solowski >> Zooi
>> Zooi for property located at 166 Lawson Avenue map 15 law 437. And the applicant proposes to upgrade the sept tank, pup tangga, pup tank, and raised leak field with associated grading within the 100 foot buffer zone to a bordering
vegetated wetland. The applicant is represented by Darren Michaels >> Michaelis of Foresight Engineering Incorporated. Plain name is sewage disposal system upgrade design. Date March 4th, 2026. Review of matters
presented. Votes may be taken. A butters have been notified. Uh >> renotified >> renotified. Continue to April 8, 2026. >> We're continuing that session. Right. >> Open it, please. >> Um I'd like to entertain a motion that
we open the public hearing. >> Motion to open public hearing. >> All right. >> Second. >> All those in favor? >> I. >> With that being said, I'd like to entertain a motion that this gets continued till April 8th, 2026. >> Motion to continue for April 8th. Second. All those in favor?
>> I I >> Okay, now storm water. >> Will that be storm water agent? >> Okay, we got three Angelo Drive homeowners association operation and maintenance plan storm water permit review of matters presented votes may be
taken. So, this started um quite a while ago before this is um I know it says Angelo Drive, but to give you guys a better thing, it's 39 Keen Road. Okay. >> Had development back there. >> So, what's happening is this uh the guy who cleared the first lot, Alex, came to
looking for to get a building permit. This was last year. Um of course, we didn't have the shity for the storm water. Um so, we did not sign off on it because we didn't have all the information. Now, we do have a stormwater agent. Um, Alex has been
reaching out to me. Of course, he wants to take and get building. This is no longer going to be a shy of storm water. They're going to do a homeowners association. So, they take care of the storm water. The town never takes it
over, which is awesome. Right now, we're not responsible further down the line. The homeowners association is responsible for the storm water. And I believe the town is still going to accept the roads. So, Yeah. So, it's actually a pretty good win for us, I think, because it'll never have us going
to repair their storm waters. >> So, the only flips we have now is they sent us the homeowner association paperwork. Julia sent it over to Alex um to review because we don't know the correct wording, of course. So, we did with the town council. We sent it to
town council. Um >> sorry, I think this one is with Jonathan, not Alex. Just want to clarify that. >> Jonathan. Yeah. Jonathan Ikeman. >> Oh, really? >> Yes. No. >> Okay. Jonathan Ikeman is the engineer or the
>> Okay. Okay. Y just double check. All right. So, anyways, so it's going back and forth. They're working on that far as making sure it's all fine tuned. So, Alex, the owner of three Angelo Drive, been calling me >> 319. What? >> Yeah. No. 30. Better known as 319,
right? >> Right. >> Yes. >> 319. Yeah. So, talking with him, he's really looking to build. So, I said, "Well, we still got this issue with the homeowners association." He asked if we could do the same thing as the building
department. I mean, the board of health. What the board of health did was give him permission to start building, but he cannot get an occupies permit until he's taken and proven everything that the board of health wanted. >> Okay? So he asked us to do the same
thing. If we're willing to sign to the building department so he can get building, but he cannot get his occupies permit. We're going to grab a hold of them just like the board of health did until the homeowners association is settled. This is one guy trying to build
on this and it's going to be the whole buildings that become the homeowners. This guy took full charge of the homeowners association because he wants to try to get building. I can't blame him. He lost the fall build. Now we
don't I don't want him to lose the spring build as a resident of a Kushnik, right? He's building his house, not a developer, not nothing. He's trying to get his house built. Um he he grabbed a hold of it last year, tried to do the shity. That ended up a big chocolate
mess. So that's when we all suggested, well, let's do a homeowners association and get rid of the town being responsible for the storm. >> But the town would still have an somewhat of an oversight to this as far as like a maintenance plan, right?
>> Um the maintenance plan will be recorded. >> Okay. >> Um but the town will never be responsible of spending town money to repair anything. >> Right. So, in their maintenance program, they're going to have to tell us when they clean out the basins, when they do everything. Just like
>> we're going to we're going to require to see this maintenance plan. >> It'll be all in their package and then they have to report it. >> Okay. >> All right. >> That's that was my number one concern was that they they provide us with that maintenance plan in the scheduling uh
you know for the services. >> That'll be all in the homeowners association package. Okay. We want the homeowners association and the on andm plan recorded. >> Correct. >> Yes. >> At the same time. >> At the same time. Correct. >> And is and he's going to be the only one
the first one to start building. You're going to let more too if this doesn't if this takes a while or No. >> Um we're going to we're going to play it by ear see where they are, right? If um I don't know if they have any more for sale. We're going to have to see where it is. I just feel that this guy has
been pushing since last year. I don't think we can we should stop him. I think we should give him the contingency. I agree 100%. But I I I think too on the other hand with this um he should absolutely keep this commission in the
loop for anything further potentially down the line. As Joanne just said, um you know, for the sale of property or if something's sold and they want to continue to build down there. >> So this guy, Alex, is not selling the lots. It's his personal house he's
building. So what he did since um he was having an issue with the storm, he got involved with it so he could try to get building. So then he's the one who got involved with this homeowners association and they he gave me all the numbers the other day. They already have a set price that each house has to pay
yearly. So they've been he's been doing his homework very well. Um I got to admit that. So the only thing we're looking to do is see if we we can have Julia sign on this with the contingencies that the on andm plan and the HOA when this is all settled gets
recorded. He cannot get an auction permit until it's all done. >> If you guys were comfortable com comfortable with that I will take and put it to a motion. >> I'm comfortable with that from what you know we just discussed. >> Yeah I'm interested something stirring.
>> Well I mean even you know, guess I guess that's one way to, you know, keep my niche, so to speak, the occupancy permit, and we're going to because that's how the board of health
did it. So, just so you know, I called um the board of health, had a long conversation with them because he told me that the board of health had a contingency. >> Okay. So what I So what I did What's that? >> Who's going to be responsible for recording the whole thing once it's approved by the town council?
>> Once it's approved by the town council, it'll probably be Alex that's going to do it because he wants to get he's going to be the first one looking for an permit, right? Domingos, right? >> That's his uncle. >> Okay. So Alex and Domingos are going to do this together. >> Domingos might sell this stuff as
construction, but it doesn't matter. that Alex is going to stay on the loop because he's going to want to get his occupies permit and he's going to push it through. >> So, >> so long as we know who's going to record it. So, once we get all the documents back, I'll have them or Julia will have them. We're going to make sure Alex gets
a hold of him and records it as soon as possible. Wherever he's in the building stage, >> right? The only thing I think, and this is my own personal opinion, that they're going to use their attorney that put this homeowner association to to record it. >> Right. More than likely, it makes sense,
>> right? So, I know that he did get an attorney to write this for him because he didn't know enough and he sent it to us. We didn't know enough. So, we sent it to ours, right? So, I'm sure that this guy is just looking to get concrete in and get build it. And I can't blame the guy. It's now
>> And the building department is aware of this. >> Um, the building department is fine with the board of health um doing it and they had no I was talking to them. They had no issue with us jumping with kind of the same thing. As long as we sign off,
the contingency really has nothing to do with them. But they will not do the permit. That's what I mean. >> Yeah. They will not do it until we sign off. >> Be sure that >> we have sign off the piece permit. >> Okay. >> With that being said, >> that's good. I'd like to entertain a
motion that we have Julia sign off on this so they can start construction with the contingency that the HOA and the stormwater plan gets filed as when completed and after that's done we will allow the
occupies permit >> sign off on it at that point. >> Yep. >> So moved. >> Second. >> Second. >> All those in favor? >> I. So, Friday, Julia, when you come in, give um downstairs a call. Let them or
sign off on it. Let them know you're all set with it. >> All right. Sounds good. >> All right. All right. Discussion. This one here, folks. I'm going to actually walk away from this one. >> Oh, my bad. I'm going to refuse myself.
Discussion 1851 183 ma poison road enforcement order update and complaint from resident review of matters presented votes may be taken. >> Um Julia, what do you uh
>> Yeah, so this week I received a letter from a resident via email. Um the email uh some to sum up the email they were saying that they put in a complaint for 185 Madapoet road almost a year ago. Um nothing has really been
done regarding this uh issue. Um their engineer went out there um they hired an engineer and they actually found a wetland protection act violation on 185 road um as well as a stormwater
violation. So, I would suggest that the commission goes out and does a site visit at 185 Matapo Road. Uh, this has been going on longer than I've been here. So, I haven't seen the site. I don't know exactly what's going on out
there. I'd like to see it to try to get this moving and resolved. And I have been in contact with town council. Um, I let them know that we just received another email complaint, um, you know, asking how can we move this forward.
They haven't heard back from the opposing council, so it's kind of still at a standstill, >> but I would still like to do a site visit with the commission um to kind of see what's going on out there.
>> Um, you mind if I step up to the podium? >> I I I agree with Julia. Um I I think >> identify eyes on this uh as a persistent problem. >> Yes. >> Um we we knew um this was a problem from
the get-go. Um I know this has been a a long drawn out battle. I would like to see this closed at some point. >> Yes. >> Um and everybody kind of move on and I I don't think um we're even at that point yet. Um so yes, let's get this moving
along. Um, hi, my name is James Souza. Um, I'm the resident of 183 Metapo Road. I know Monday we had a really lot of rain. Um, and it was come down hard. Um, so odd that I was actually watching the water come out of the blocks on that concrete
wall and I think I've showed pictures, many pictures of the gaps, the water coming out. Um, with the rain that we got Monday, it was ridiculous. My lawn has never been so squished. The other thing, when I put my new lawn in last year, I put it level. I did not want to pitch any water to them since they never
did the construction of that walk properly. My land is settling now and pitching to them. Um, at the end of my uh walkway that goes into my backyard, the water was actually approaching my walkway. Um, the water in the front yard
was coming off of their driveway, turning around, coming right back into my yard, flooding my front lawn. Um, and it's like I think this this has been going on long enough where I reported a year. I spent the money on an engineer to have them go there and their engineer
proved they had violations. Prove that it was not built to um spec prove that it was not built to the approved plan. And now it's like if this if this don't change more, I mean, does that mean that on my new property I get to do whatever I want? There's a plan for a reason. And
as a resident, I think I've been long enough getting water in my face. And I think now I've had it. And I do not want to hire another attorney. I do not want to hire another engineer. As a resident, I don't think I should have to spend the money anymore. So, with that being said,
I hope this gets looked into and really gets pushed further down the instead of being pushed further down the line gets resolved. I got an email from his attorney last summer saying that they were coming into my yard doing a total um survey of all the whole property that
he was going to submit to the um conservation commission. They never came on pro my property. They never did a complete survey. They only did a few spots in his yard. Um I was there the whole day. It was fallen. They went there two different times. I was there both days. Um, so I don't know what's
going on, but the emails I'm getting is not what they say they're going to do. So with that being said, I'd like to just make sure this goes where it's got to be done and the right thing be done. >> Thank you. >> Um, Julie, you said you have reached out
to town council, right? >> Yes. Um, I reached out to them a week ago regarding this and then I reached out again today regarding this. >> I I did go out there on Monday and >> yeah, it's not >> pretty egregious.
>> Yeah, I mean it's not getting any better. No, it's it's it's not >> especially that we're in >> there's been no attempt to rectify >> agree >> any of the issues and again I mean
>> and spring is here. Um you know >> I agree with the uh complaint that this this is dragged on. >> Yeah. to no avail. But um I think for starters if we can get access and then um you
know put eyes on everyone so everyone can put eyes on the situation. >> Yeah. and try to come up with a resolve because um it's it's blatant and um
that burden shouldn't be passed on to the uh a butter. I mean that's not that's not right. And we do have we do have some bylaws in place. >> Absolutely. Should
>> get some teeth into a resolve. So, >> so I I'll keep the commission updated with uh what I hear back from town council and hopefully we can have a date soon to go out there and look at this. >> The last discussion I had with town council
>> was kind of the same that they was >> they were working on a >> a resolution. And here we got >> but it's no again they just keep kicking the can down this road. >> So have we >> No, the the time has come to you know the season is here and you know now is
the time to uh >> so I I don't know. I would have to look back on notes. Have we consulted with the circuit writer regarding this this property at all in regards to questions on what what steps we could take next?
Um, as far >> I don't know that that's occurred. I will I will say that I know there was some discussion >> in the past with the circuit writer, but that was the previous agent as far
as I can recall. So, >> um, as a resident, I'd like to say one more thing. If you people do do a site visit out there, I want you to know you have full permission to come on my property. You can walk right down and see the pipe that uh my engineer stated
that is a storm water violation. Um feel free to come on my property. You can park on my property. Whatever you need, I'm giving you full access to my property. >> I mean, if we have to make a special site visit on a Saturday, I'm okay with that just for this, you know, one
particular site visit just to try to maybe get this moving along. >> I mean, ultimately, um we need to obtain permission for Scott, >> right? right? >> You know, otherwise it has to be done asking permission. >> It has to be done through the judicial
otherwise. So, >> um again, I might be reaching or overreaching. Um I I don't even think at this time we even have to ask for permission because of based upon the violations.
I don't know if it does. >> Um I can reach out to the circuit writer and see his perspective on this um issue and see if that sheds any light on the situation. >> I believe it does. I believe it does be because they are in violation or there
are several violations. We have that right. >> Um so if we could if we could follow up with the circuit rider on that >> can definitely do that. kind of gives us, you know, a little direction here. >> Okay,
>> that being said, um >> I guess we'll just continue this discussion to um the next meeting >> which will be >> right. Continue. Y
>> So hopefully we'll have some better. >> Yeah. Okay, we'll have some better insight hopefully by then. >> Okie dokie. >> Okay. >> Um, next agent updates. Julia, go right ahead, young lady. So, um, while we were
on site at Fort Elderbury Drive this past Saturday, um, some commission members and I noticed some trash in the wetlands, um, in the abuing property, which was Six Elderberry Drive. Um, I wanted to, uh, make the commission, the
whole commission aware of that and let them know that I plan to set out uh, send out a letter to them to ask to clean up the wetlands. And I just wanted to get the commission's permission in order to do that. So, with that, what I'm going to do, I'm just going to really do it really formal
then. Um, I'd like to entertain a motion that we allow Julia to send a letter to 6 El Drive to clean up the wetlands to >> All those in favor. >> I um give them a set date on
>> Let's go with 30 days. >> More than more than fair. >> Y sounds good. >> Okay. Next. Um, so I don't know if this was our I think it was our past meeting where um we uh approved 35 Pathway Road
to do an afterthe-ffect NOI. So I sent out an email to 35 Hathway Road residents regarding the after the fact NOI and I let them know that they have 30 days to file this and I sent this email out nine days ago. So that's just an update of where we're at now. I did get a response um from one of the
residents asking how do I go about doing this? So, they did see it. I I replied, let them know how to do it. Um, so hopefully we will see something before the next meeting. Um, if they're not able to uh get the after the fact NOI,
we could also go with just letting them have a contract, like as long as they secure a contract within the next 30 days. Um, in case they're not able to go through and do the full thing, I would suggest that. Um, >> so real quick, Julia and I were talking
about that today, right? If I went and hired an injured today and I said, "I need an NOI contract," >> it might take longer than 30 days to get the >> So, what we're saying is, um, what Julie and I was discussing today, if they have a contract with an engineer to do it, as
long as it's within that 30 days, I'm okay with that, too. Now, it's just up to the engineer and the paperwork. they're going to have to do a total site visit, a total too of the property. Um, so it's going to be a little while, right? So I feel as long as they do a contract, we have no issue with that.
And if they can't get a contract that they come forward to us and give us the reason why I agree. >> All right. >> 30 days. >> Yep. Yeah. >> All right. And that's good for my updates. >> Very good. Okay. Thank you.
>> Okay. Other business. any other business that may properly come before the commission not reasonably anticipated when 48 hours posting prior to the meeting. Future business, the next meeting of the conservation commission will be held on April 8th, 2026. Meeting
will be held at the police station conference room located at 64 metal road of cushion, mass. With that being said, folks, I would like to entertain a motion that we adjourn. So move this meeting right here.
>> I I >> I I