Good evening folks. This hearing is being held as a requirement 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 mostly most recently amended. Note this time and place of
this hearing was published in the behav neighborhood news on November the 13th 2025. It was also posted in the town's clerk's office. This meeting is being audioed and videoed. Persons wishing to be heard will be called in the for
following order. Before I put a motion to open this public hearing, just so everyone knows, this is a hybrid meeting. We do need roll call votes for everything. So, if I forget, back me up, guys. Um, I'd like to entertain a motion to open the public hearing. >> Motion to open public hearing. >> Second. >> All those in favor?
>> I. when you uh address the podium, please speak clearly and loudly. So, this we have the girls that does our minutes, we can uh make sure she can do them properly. Okay. Um we have here hybrid meeting which I
just mentioned. Uh the meeting ID number is 28224675703973. Passcode 30 M636H2. Repeat it >> and I will repeat it one more time. The meeting ID number is 282467757 03973.
Passcode is 30636H2. Thank you. >> You're welcome. First thing I'm going to start out with minutes of approval. um November 24th, 2025. Um has anyone had a chance to look at them? >> I have.
>> Anyone else? So did I. Um n >> any uh response? >> I It seemed uh correct as far as I'm concerned. >> I feel the same way. So I'd like to entertain a motion that we approve the November 24th, 2025 meeting.
>> Motion to accept and approve November 4th meeting. >> Second. >> All those in favor? I >> I >> August 13th, 2025. Same thing. Minutes for approval. I did get to review them. I feel they're right up to snuff. >> Right.
Agreed. >> I could. >> Okay. I'd like to entertain a motion and we approve the August 13, 2025 motion August 13th. >> Second. >> All those in favor? >> I. >> Um I believe there is no meeting. There is no old business.
So now we're going to continue public hearing request for an amended order of conditions applicants of Copper Pock Drive LLC owner Whites Farm Incorporated off Park Drive SE00001-0553. A request for an amended to an existing order of conditions was filed by Sopra
Park Drive LLC for property located off Park Drive map 17 lot 22B3. The applicant proposes to install a solar photovolletic array consisting of 4,999 kW and battery storage project within
the 100 foot buffer zone to a boarding vegetated wetland. Revisions include wetland crossing areas and wetland flagging. The applicant is represented by Weston and Samson Engineering. Plan name is Park Drive Solar PV development
dated December 10th, 2020. revised on se September 16th, 2025. Review of matters presented. Votes may be taken. With that being said, I'd like to entertain to open the continued public hearing. >> Motion to open public hearing. >> A second. >> All those in favor?
>> I. Um, we supposed to be doing it. Roll call. >> No. No. We have to do roll call if ever doesn't show up. >> Oh, okay. Even though we do have someone else on it. >> Nope. >> Okay. Therefore, we're up. >> You're up.
Thank you. All right. Um, so I'm Zach Shing, senior director of development for Sakar Capital. I have with me Sarah Hussein who's associate developer and Matt Connors with Weston Samson Engineers. We're back before you from our November meeting regarding uh amended order conditions for our construction of a
bridge. Previous order, as you're aware, had a gravel access road going through. We're now proposing a bridge to minimize the disturbance. We've had a ton of open questions regarding disturbance, how we're going to manage spoils, removal of trees, issues of hit rock with a pile.
Subsequently, we had York Bridge fly up. Uh this past Saturday we did the site walkthrough with you guys. And so we're now just here to basically close out the gap on the open questions as it relates to what are we going to do if we hit a rock with a pile? How are we going to calculate that disturbance and monitor
it? What are we going to do if there's a tree in the way and and whatnot. So at this point I'd like to just turn it over to Matt. Matt can run through some of the calculations and then we can touch on a few other final details as well. >> So this is sheet C 104. It's for revise
from your package that we had before. I have small copy but in it we went through and kind of detailed what's going on. If you look at the table uh of wetland disturbance
is anybody coming in. Can I stand in front of >> what's that? >> Can I stand in front of here or is there somebody watching? >> I I think you can stand in front of >> Yeah. Cool. Um so in the field we talked about concerns that you had for disturbance.
What happens if we hit the tree? So we went through um and before I go into that I just want to specify that the plan that you have prior to this had 85 piles in the wetland. In talking with uh
York we actually got it down to 81. That's portrayed here. That's also what was staked in the field that you saw. So the difference was um we showed initially a 15T bent and talking with York we got it to 15.65 ft. So it's a
little bit but it was enough we could knock down a couple of piles. So in the table uh 12in piles there are 81 piles in the well. Uh the piles are 12 inch, but we've allocated space for a
two-ft pile. So we get a little bit of a buffer in there in case you need to to shift some around. So that gives us 254 square ft of disturbance. Rocks shifting due to piles. There was discussion that we assume 10% of the piles would be shifted because of or
rocks would shift because of pile installation. That's 50 sorry that's 40.5 square ft. We're assuming uh so trees cut at grade. We identified 31 trees that are within the area of the bridge. Uh we assumed a
4ft diameter circle. All the trees out there were 30 in or less. So gives us a little bit more of a buffer to go through as we cut through. That is 389 ft. Of that we assume 10% would need
stumps removed. Uh we assume 30 square ft per stump removal. which is 93 ft. So all in we're estimating uh 777 2 ft of disturbance for the bridge
installation and in talking with York and with SARA everything's going to be done from the roof from the deck of the bridge. We're not going down we're not going to run skiitters or anything in there. We're not bringing in any type of cribbing. It's all going to be from the deck. Yep. any spoils too will be
removed manually through the deck as well. And I do want to add just on the um stump removal. While we do have that number in here, we're being conservative with that uh after talking with York Bridge, if there is a stump that's in the way of a pile, our intent first will
be actually drill through it >> to minimize that disturbance to remove those spoils. If we can't drill through it for whatever reason, then we will pull it. >> So, we're giving you the most conservative numbers here possible. Um, so when you add this, sorry we
>> So when you add this into the Lambert Street, uh, Lambert Street is 3,357 ft of disturbance. That's that little piece that comes across the island. >> So all in that's 4,134.2 ft of weather disturbance.
>> So that's summarize. Any questions on methodologies or or >> No, the only thing I have one is um tree stems from removal. What are you considering square foot per tree? >> So, we use 30 square ft.
>> Yeah, we use 30 square ft and I know we had talked earlier. It's a little bit more than six square six foot diameter. It's I think a six foot diameter is like 27 square ft. We round it up to be safe. That that one there is just makes me a little nervous because I just had stumps
removed and a 30-in tree took a whole dumpster the stump did right so the disturbance was like a 10ft area not a sixt area so that's why I was saying maybe we can take and even you know cut the root >> so it ain't such a big disturbance right
maybe we can cut the root closer to the stump so this way here maybe you get rid of the stump leave the root and now you're not disturbing such a big area just something to think about you know what I And because last thing I want you to do is grab a stump and open up a 12oot area or a 10 foot and say, "Okay, now we did
a big disturbance that we wasn't planned for." So I think it's just something that maybe we should just you guys should think about and um maybe even submit that saying that we will take the stump cuz they got a little ripper. You can just go right around the stump, leave all the roots in the ground, >> pull the stump itself that might be in your way and I think it would just
really >> minimize that. You know what I mean? So I think that's something that you might want to write into it. Absolutely. >> Look at that route. >> Yep. We can do that. >> Continue. >> Um, so that's the summary of of what we're doing here. Um,
>> I think that's really I wanted to just leave it there for now as far as just our visit Saturday and what our intents are. Um, I mean, truthfully, I'd like we have some open items here. We're aware of that, but I'd like to talk about an approval, a conditional approval, and
you know, what your concerns are if you still have any and just try to understand next steps as well. I'm I'm just going to speak um to it as well. Um just I'm going to mirror what Jimmy just said. Sorry. Um I even wrote
it down as before Jimmy even spoke of it from his mouth. Um to minimize that that stump removal I think is going to be huge. Yeah. >> Um out there. >> 30 trees is 30 trees. Not to remove those stumps. Um I think it's a bigger
task out there. um we know the terrain out there. Y >> we've been out there more than a handful of times. Um so let's try to minimize, you know, this impact. Um I can say this this site visit was probably the the
biggest advantage and I wish we had done this from the get-go having this staked out. Um because I don't think any of us care to go back out there again unless we absolutely have to. Having this staked out and and having somebody there
with the knowledge, I I think put us a little bit more uh at a comfort level knowing rather than standing in the middle of the woods and guessing where this bridge potentially was going to go was I I I think a big burden for us. Uh
we just couldn't visualize it. So, you know, kudos to you guys for setting that up and having him fly down here to allow him to do this with us on a site visit. Um, I I think was great and I I think the commission feels the same way.
>> No, we're happy to hear that. That was our intent. So, thank you. >> No, it was it was the best meeting we had on site, truthfully. >> Awesome. Um, so I'm going to say a couple things, right? I mean, I know that you're looking for an approval right now. I think we're a lot closer than we've ever been. Um like he said
that the site visit was a really good site. I really enjoyed meeting him. Um I said it before we even met him that I did background on the bridge company. They're very reputable. I know they can build the bridge. >> Um I still have a couple little concerns. Right. >> Sure.
>> And they're not huge. I know that um out at the meeting it's like, "Oh, you guys can take and um send your uh agent out here at any time. Jimmy, you can come out here. here. The commission can come out here. Problem is is she's only part time. >> Well, I'm a volunteer.
>> I'm happy to pay for somebody full-time. >> Ah, I like that. >> I already knew where you're going >> for about 5 years. >> Well, there's got to be limitations. The only reason I understand your concern and I understand resources and bandwidth and that is actually something I thought
about as well just listening in the conversations on Saturday. So, thought about it too >> and I think that's our biggest concern, right? is that and I'm not just saying this solar project, but I know in the past we don't get enough visits out there. We really don't during
construction. So, I don't know if you guys are looking to maybe do a cleric um hire agent full-time. Uh >> we're open to suggestions. I mean, ultimately, again, right, this is a conversation, but like I want to know what's going to make you guys
comfortable. >> That's the key thing to me. And I know we also talked to, you know, like in the event, you know, we have a pile that shifts a rock. How do we document that? I mean, my viewpoint is we're going to just document every single bent installation, right? And have all that located out and marked out for you so we
can have that in a report when it's done >> as well. And that would be some of what we're talking about with >> Correct. Correct. So, if we have someone representing the town there watching it and then you guys are documented, we're all going to come up with the same number. We should come up with the same number at the end. If there's issues
along the way, the clerk might say, "Hold on, let me get a hold of a the agent, get her here." Right. And I think it just would really keep the communication better. And I don't think it's like a whole lot of money. I think we could get it done reasonable. >> Yeah. You got eyes on sight. >> Yeah. And go ahead.
>> Oh, if I may, if you do, did did your give you an idea of the timeline on that work >> as far as the work? >> Yeah. Do you have any? >> They probably did >> estimate to be honest with you. It's not coming to mind. >> No, I just Yeah. >> I know they're pretty efficient, but you know
>> No, I'm sure. >> Yeah. I I I just more work to them though just now. >> I know. No, I understand. I was >> just curious if they >> But the work you're adding to to them is is helping us, right? And it's helping the environment, not so much us. It's helping the environment, which that's
our main goal here, right? is to protect the wetland protection act. >> No, 100%. >> Um I know there's still a couple little things that got to be addressed. Is that correct? >> Yes, we have the comment letter with Bill and Brad GF Engineering fully aware of that. That's obviously something we
do need to close out. You know, again to the conditions and to your guys comfort. I would ask that you're okay with all this and everything we discussed. That's also a condition as well. We get resolution and everything there. H I'm going to tell you I didn't plan on
even uh approving this this evening. I did plan on a continuation just to get all the rest of the paperwork in. >> Sure. >> Um I will I'm looking for a Christmas miracle. >> There is a Santa Claus, but he ain't here today.
>> And again, I'm I'm going to mirror what Jimmy's saying. I think it's a little premature to throw throw a decision in on a vote for this project because of of the significance of this project for comfortability for us. >> Sure. Can I just ask if if we don't get
through and satisfy Bill and Brad's comments, right? Like even though if you give us a condition approval, we still can't move forward here. We have to get through that. So, I mean, I'm just thinking of all the obstacles here and and things that are entwined. It's, you know, I understand what you're saying,
but I'm just also thinking of like for your guys time, you know, the visits, the meetings, you know, I'm just trying to >> So, you still have, like you said, you still have um to take care of GAF and everything else, right? The other question I had, and I'll bring it up
now, is that um Bill mentioned about um conduit going through the abutments and Matt, you said all poles, >> correct? >> Yeah. Where are the poles going? On the other end there. >> They're on the plan. >> Yeah, >> they are on this plan. >> Yep. And I actually called them out on
the plan so that you could you could see them easier. >> Utility pole. The utility pole. >> Okay. >> Okay. So, those will be all put in right from the bridge. >> Correct. From Okay. So, there's >> Yep. I see. Yep. >> There's one in the middle. >> One there, one there, one there.
>> All right. >> Matt, do you have an extra copy of those plans? I didn't get one. >> I'll leave this with you. >> Okay. Okay. >> Oh, we have a full size set. >> Okay. >> I mean, I can give you a little one, but >> yeah, I just want to look at it for now, too, so I can >> Well, that makes me feel a little bit better cuz I don't remember seeing them
the last time. >> No, >> they were on there, but they weren't called out. So, >> I call them out. You can see that's fine. So right now we'd have if we were to say okay let's put this to a vote to approve
it right on a condition. >> Yep. >> So the conditions would be one you got to satisfy GAF. >> Y um second uh as far as the clerk or that we have to know what we're thinking
here. I mean are we thinking a full-time clerk on the project? >> I give you full-time clerk. >> Okay. Is that something you want to hunt down or something we should hunt down? >> We can hunt down and how about you approve it. Make sure you're comfortable. >> That that makes >> save you guys the work, but make sure
it's the right person for you. You know, we'll do the leg work on that. >> Yep. >> All right, guys. >> I didn't bring the order to be signed, right? The only problem is we don't have the US. >> Got it. >> That we had a conversation kind of was
today that it wasn't going to be I mean let's do this right and right up front. What if we just continue to January 14th? Getting you on January 14th. She'll have the orders here for us to sign. Um I'm going to tell you right now this is the most comfortable we've ever
felt on this project. Sure. um you guys willing to say I'm willing to put a clerk up full time on the project and I'm talking the entire project. Yep. >> Um and if you guys willing to do that, I do feel very comfortable. >> Yeah. >> Um >> may I just ask, do the border conditions
have to be signed right now or going to happen post meeting? You know, like we can do the vote conditions to be signed post meeting. I'm okay with that. I just don't know if you guys are. I just want to throw it out there. >> So, here's the other thing, right? >> Discussed plans today. I thought we discussed all the plans that we didn't
have in the office and putting them on the orders and stuff like that. >> Yeah. >> Yeah. There's going to be a lot of extra special. >> So, there's still a few things that going to be put on the order. Um, it's not printed out. It's going to take a little bit. The other issue I might have, right? So, once we approve it, we got 21 days. >> Yeah.
>> Right. Even if you sign the waiver or whatever, but it just I just think it's going to bottleneck it. >> Sure. >> Why don't we just put it on January 14th? >> Let's walk out of here done. >> Sure. instead of partially done. I know you're excited. >> I'm just looking for a Christmas
miracle. >> I really am. >> And you know, but it's like we didn't plan that and Matt and I had the conversation today. We didn't feel it was going to even be voted on tonight. >> No, I understand. >> And um >> and truthfully, I've been traveling the past month. >> And I know you have.
>> And I've gotten every week I've gotten approval cuz I just want to keep the street going. >> No, no, we get it. We get it. You know, like I say, I'm just going to say this. >> No, I hear you loud and clear. >> This is a a really complex >> Yeah.
>> project >> for comfortability for us. >> I'm on board with Jimmy, >> okay, >> for the 14th. I I I wouldn't feel comfortable casting a vote, and I'll make that loud and clear, because of all the special conditions that are going to be put on this. Sure.
>> And I I would rather keep the ball rolling forward >> than stumble backwards on this. >> And I'm going to tell you, you just saying to me that you're willing to put a clerk on for the whole project really means a lot to us. I mean, to me personally, um, I've worked construction my whole life and always had a clerk
and, uh, representing the owner and, um, it really means a lot to me. Um, I don't think there's going to be any issues with January 14th. As long as you take care of them, that gives you time to take care of everything you got to take care of. Um, Bill Madden should get
right back to us, say, you're a green, right? If we get green lights from everybody, everything's just going to be, and it should be quick and simple. Hey, this is our project. This is what we're doing. >> Yep. Let's prove it, right? And I think we're very very conf I'm very confident right now that January 14th this should
be quick, easy, very little discussion and um rock and roll. >> Sure. >> So you're getting the Christmas miracle just not the signature. >> Sure. Yeah. Fair enough. That being said, maybe you could have a possible clerk lined up maybe by then as well. >> Start, you know.
>> Yep. I will too. I'm going to look into it. I'm going to call a couple engineers and um you know maybe if you find one and I find a couple or whatever then we'll pick it and uh get it to roll. I don't think we're um that far off where we have to say that this is a 911 to do it tonight. Uh Joanne wasn't prepared
for it. I we weren't kind of prepared for it, but uh we are so much closer and I'm going to tell you truthfully that meeting Saturday meant a lot to me. I think it's a little more than what he thinks. >> Sure. >> But it still meant a lot. Right. And um that's what we're trying to do here is
just protect the wetland. So >> no and I saw that and that's why push so hard to make it all happen. So happy it had the impact that it did. Sir, >> Mr. Chairman, if I may and I I know we we had a discussion early on when this project first began and I just I just
want to I guess kind of get some type of a commitment for a cleanup at the entryway of this from the dumping that's still continuing. um going on on the entryway over there on that lefthand side. Again, we were
there Saturday. I noticed a lot of fresh new brush that was dumped in there, some piles of leaves dumped in there. I I would like to see that cleaned up as part of this project. >> Sure. >> Um you know, the garbage that's thrown in there. Uh and ask the neighbors,
whoever's doing it, to please stop. >> Yeah. >> Okay. We have a a a free recycle center that, you know, we can bring our brush to, our leaves to, our garbage to be disposed of properly. Uh, that's an impact on the wetlands right there,
right in front, front and center. Um, and every time we go there, it seems like there's more and more debris that's being dumped in there. whether you guys put a a posting up, put a um a gate up, whatever it may be, deter whoever is
dumping in there to stop dumping in there. That's part of the wetlands in there. >> And I wasn't even aware truthfully, but I appreciate you bringing that to my attention. >> That is going to be right. >> Yeah, that's going to be gated once you get in. I mean, I think just gating it will stop some of it.
>> So, you know, but I'm sure you're going to have to clean it anyways when you put the road in. So, it's all going to be >> Exactly. I was just going to say that >> I'm sure the gates are going to be priority for you guys anyway once you get started anyway. >> Yeah, you always want to get the site secure. >> So, with that being said, is there anyone in the public that would like to
respond to this? >> Nope. So, what I'd like to do is I'd like to entertain a motion this gets uh continue to January 14th meeting. >> Motion to continue for January 14th. >> All those in favor? >> I awesome. Thank you. Merry Christmas.
Merry Christmas. >> Thank you. Well, you know that we appreciate. >> Okay. And that one. Um before I read off this next one, uh Mr. Mitchell, >> um you're not on tonight. You know that. >> Oh, okay. Okay. I just wanted to make
sure >> January 14th, Eric had you, >> but I just wanted to let you know that. Okay. Sounds good. >> Huh? >> Okay. Next we have Continue Public Aaron NOI Clemson Way Solar LLC Co Reild
Renewables LLC 1094 Main Street, map 7, lot 15 SE00001-0607. A notice of intent was filed by Zachary Parks for property located at 1094 Main Street, Map 7, Lot 15. The applicant proposes to construct ground mounted
solar arrays and open fields and forest lands. The work proposed is within bordering vegetated wetland bank land under wet water bodies and waterways in bordering land subject to flooding as well as the 100 foot buffer zone to the bordering vegetative wetland and bank.
The applicant is represented by Sarah Sterns of Fields and Thomas Incorporated. Plan name is Clemway Solar Project 1094 Main Street. Efficient at mass dated June 11th, 2025 revised September 11th, 2025. Review of matters
presented. Votes may be taken. I'd like to entertain a motion that we open the continued public hearing. >> Motion to open the continued public hearing. >> Second. All those in favor. >> I. >> Good evening. Uh Zachary Farcus for the applicant with me. Sarah Sterns, Beals and Thomas. And I think we may have Jeff
from Beals and Thomas online as well. Great. >> Um so we're here. >> How you doing, Jeff? >> There you go. Um so we're here. It's been uh it's been a long process. Um, I was looking back at my notes kind of preparing for this meeting and about 18 months ago I came in front of this
commission first um to lock in the wetland lines on the uh the property 1094 Main Street or Clem's Way. Um, it's a 50 acre property. You guys are aware it's got two hay fields and then a back wood lot that was a hayfield about 20 25 years ago before it's kind of grown up
with some new new growth. But about 18 months ago, we started with you guys. We uh we submitted our ANRAD and over that uh April, May, June time period of 24 um we had our ORAD issued and approved. So we locked in those wetland lines. We
came back to you guys in October of 24 for a request for determination. There's a uh intermittent stream just along the western edge of the property that we wanted to confirm was not a perennial stream. Um and then following kind of the the understanding of the of the property from a wetland feature
standpoint, um we started the site plan review and special permit process in parallel to the notice of intent process with this board. The site plan review obviously being with the planning board. So through multiple informal meetings, sitewalks, hearings, discussions, etc.,
um the commission as well as the planning board embarked on a peer review process with GAF Engineering. Um GF did a great job very very detailed analysis. We went through actually four full rounds of peer review which means they reviewed our initial plan set made
comments we responded etc etc. So on the fourth turn um we received the full allclear letter from Bill and his uh his team at GAF Engineering. Um that was issued on November 19th was the date of uh the GF engineering approval letter or
allclear letter. Um the direction from the commission from some of our hearings has been to wait till we resolved any issues with planning board before we came back here just in case there was a plan change or something like that. You guys didn't want to move on a project that might change later etc. Um so after
a similar kind of process with planning board we closed with the board on December 2nd. Um and the board unanimously approved the project with with some pretty typical conditions. Um the board approved the October plan set which was the final plan set that was um
reviewed by GAF engineering. Um at the hearing uh the chair of the planning board did ask a favor of us. Um there are emergency spillways on some of the storm water features on the easternmost array that empty certain very kind of
rare storm events that would that would empty out or overflow onto neighbors properties. So even though that's allowable from a storm water standard standpoint, the favor asked of us was to make a minor change to the plan to make sure the spillways did not spill onto neighbors property. Rather, they
cascaded from spillway to spillway within our property and ultimately dumped into the wetland that was on our site. Um, so that was the one change to the plan. Um, I printed out some 8 and 1 half x 11s just so you guys could see them and kind of follow along with the
one change. So in front of you I circled the two new located spillways so you can see from uh from that central basin if in the event of a very very um rare storm event. greater than 100ear storm. Um water will
spill north onto the northeastern um basin and then we'll wrap around onto the um western basin and then into the wetland. So we've really done everything we could to protect um neighbors etc. Even though some of those parcels are
undeveloped they could be in the future. So we want to make sure we protect them as much as possible. So that's the only change um from the plan set that GAF reviewed and approved >> when >> and just making it clear that there's no required change to the storm water
report because this is a greater than 100redyear storm event. >> So I go through that detail just to make sure it was a last minute thing asked by the planning board. We spun that plan um that I just shared with you guys pretty quickly just to make sure you had something in front of you as the uh the storm water review body for the town.
Um, so with that, that's my kind of discussion point what I wanted to catch you guys up on. Um, what's been about 6 months worth of uh worth of work since we opened the notice of intent process. Uh, happy to take any questions from the board from the public. Um, and not that
the gentleman before stole my thunder, but I too am requesting a close of the hearing and approval this evening. So, I'll stop there. Thank you. And move from the board. That's a good start. >> So, I'm just going over a couple things.
Um, once again, you know that we're working very well together with the planning board, everything else. We really, um, this town is really starting to work together as a thing. So, now people ain't going back and forth. Everyone knows what everybody's doing. So, if the right hand knows what the left hand's doing, of course, it's
easier to clap, right? Plain and simple, right? Um, I know that you guys pulled away some arrays due to the setbacks. Um, and I guess it wasn't even an argument. Um, you're doing some screenings uh that they requested. Um,
and then it was the planning board that actually mentioned they're the ones that picked it up that it's right on the um that your basins are right on the property lines that if it ever did overflow. So, they brought it up. They sent you to us regarding those. So, I made a couple phone calls. Um, actually,
I think it was with Julia. We talked to um GAF. All the calcs are really really good. Um, so what you're doing is actually a little above and beyond, right? Because the calc shows that what you have on the original was fine. So to
go above and beyond really means a lot. And it shows that you're looking out for the neighbors with concern. And we'd have to get like I think Sarah was saying like 9 in of rain within like a 24-hour period for these to ever flood over. So to me that's a lot too, right?
And I don't think a neighbor would ever get flooded, but to do something above and beyond than what you're supposed to really goes far for me, right? It really does. Um the I talked to my friends today from the planning board. He was very excited that you guys are uh did do
something and um once again, it's nothing you were required to do. It's something you were willing to do just cuz someone asked and um that means a lot, right? So, um, is there anyone from the public who has anything regarding Clemway?
Um, >> anyone from the board have anything else? >> Anybody from >> Um, he is with Bails and Thomas, right? >> Right. >> Yep. That's that's the gentleman that deserves most of that credit you just gave. Jeff is the one that made the
design changes over the last week. >> Thank you, sir. So, we know we have all the standard order of conditions. Um, I do have a special set that we do include on everyone. I don't know if I have it
in front of me here. I should, but if not, I'm just going to say, Joanne, please pass me that. >> Oh, of course. >> I had a sheet and I keep misplacing it and I've been like a train wreck lately, but neither here nor there.
It's nothing major. Oh, wait. I got it right here, Julian. I'm sorry. >> Yeah, I don't I don't have the whole thing because I don't know which one you wanted to use. >> Yeah. So, it's uh pretty much pretty easy. Um enrolls in control in spite uh
inspection on-site meeting with contractor within 5 days prior to construction. No stockpiling materials, no equipment stored, no refueling, no portable toilets or wash outs from concrete in the buffer zone. Um, the other thing that we that I'm like
really trying to put into a special conditions and I think that everyone should be doing it especially a size I think that at least two emergency spill kit shall be readily available while work is in progress. Um, emergency fee no numbers including environmental
cleanup can contact shall be also available on site so far. All right. With that being said, I'd like to entertain a motion that the uh order conditions be accepted. >> I'll make a motion they be accepted.
>> I'll second it. >> All those in favor? >> I. >> Thank you all very much. Appreciate it. Well said. >> Very good. >> We thank you too. >> Yeah. >> Appreciate it. Thank you everyone. Okay. >> Jim on the storm water permit. We didn't
put it on the agenda for voting, but it's incorporated into the notice of intent. >> Um, how was that worded on there? Just public. >> The application was combined. >> It was it could be just issued as an additional
letter. I think that's what we had gotten for past projects. Yep. do that. >> I would make a motion. Yeah. I mean, a suggestion to approve that so we can get that out to her. >> So, >> okay. Yeah. Um >> separately. >> On Clemson Way, I'd like to entertain a
motion that we also accept the storm water. >> Yeah. >> Permit. >> Right. >> I'll second that. >> All those in favor? >> I. >> Now, I'd like to entertain a motion that we close the public meeting. >> Motion to close. >> I'll second. >> All those in favor?
>> I. Glad you brought it up. >> You should have brought it up a couple minutes earlier. >> Hey, at least we did it. We got it. >> Thank you. Have a good evening and merry Christmas. >> Same to you. >> Makes sense. Um, can we in Gary Nichols is continued?
>> Yes. Because he wasn't here. What's his name? Wasn't here the first time. >> Oh, okay. Okay. Okay. I thought it was a new one. Okay. Um, continue public hearing NOI Gary Nichols Thomas Hill Road, map 3, lot 8.4, SE00001-0617.
A notice of intent was filed by Gary Nichols for property located at Thomas Hill Road, map 3, lot 8.4. The applicant proposes to construct a single family dwelling with associated septic system grading driveway and roof infiltration infiltration chambers within the 100t
buffer zone to a bordering vegetated wetland. The applicant is represented by Chris Capone, wetlands consultant plan name is septic system design notes and date details dated September 19th, 2025. Review of matters prevent presented. Votes may be taken. I'd like to
entertain a motion that we open the continued public hearing. >> Motion to open the continued public hearing. >> I'll second. >> All those in favor? >> I sir. Good evening, members. Mr. Chairman, Christopher Capone, wetlands consultant representing Gary Nichols. Uh
we met a couple Saturdays ago uh and conducted a sun uh site visit. Um everything seemed to be agreeable to the wetland delineation that we represent. Um we're proposing a 4 bedroomedroom single family home uh within this last
remaining lot of Thomas Hill Road. This is 11.19 acre site that Mr. Nichols owns. Um the wetland flags uh begin over here in the corner extending all the way over to the um Cedar Hill development I
believe uh Cedar Dell whatever that development is and ends uh over in this vicinity. The single family house is outside the 100 foot buffer zone uh jurisdiction but we have a limited amount of grading
um um within this buffer zone area. The blue line represents the 100 foot buffer zone. The yellow line represents the 75 ft setback that the commission likes to see. Um, so our septic system is well outside of that jurisdiction. The
closest proximity to the wetland is grading which would extend in this vicinity from 38.4t to 54.2 feet. So we're maintaining almost a 40 foot uh contiguous area of no
disturbance for uh any future and protection of that wetland resource area. Um as I mentioned this is a general gravel bed system for the four bedrooms. Um relatively the site slopes from the culdeac down to the lower
wetland area. So, we shouldn't be impeding any neighbors concerns with flooding or and lastly, we are infiltrating all the roof runoff into a dry well system for uh that to be controlled on site. So, we think we've
addressed all the commission concerns. If you have any questions, I'd be willing to answer. We also have received a file number as well with no adverse comments. >> Yeah. >> And we're going to end it before I start to begin. >> Okay. My biggest concern is how unstable
that site is. >> You had mentioned that at the site. Yes, sir. >> Yeah. So, it is it's very unstable. Um I really want to see that cell fence off immediately. >> That would be certainly amenable to the client as well as I. >> The other thing is is when I noticed is
um they have rocks part of the uh along the wetlands thing. They make a beautiful delineation line. if he's going to still be playing with rocks and he wants to continue that right across his property, I I would love that, right? Um because it really shows that
if he ever sold it, the next guy knows that, hey, listen, there's a rock line here, there's something here. So, um my biggest concern is the elevations and how much it pitches toward the wetlands and like I said, being unstable. So, I think that immediately I'd like to see that get whether uh it's he don't do
nowhere till spring. I really don't care. I'd like to see that so fence up immediately. We would be amenable to that. Absolutely. And we also would be willing to put a permanent barrier as you indicated with a row of boulders or something that is visible in the field. >> Yeah, I think it's just a perfect
delineation line, right? I would agree with you and I do recommend them in my capacity as the Westport Conservation Agency. Yeah. So, you know, >> they are something you visually can see and future people as well would would >> split rail fence they end up rotting and
everything else and then you know quads if they want to go through it they cut the fence so it really I feel like gold is better. >> Correct. Well, I just would state for the record that the sil fence you observed is from historic that isn't >> I know I know it is I know it is. >> So we absolutely putting in butdding in that in correctly
trenching it as is required. >> Okay. So, with that being said, I'd like to entertain a motion that they accept um the standard order. >> Anybody from the audience? >> Oh, anyone from the audience?
>> Anyone? I don't think so. >> Um uh besides I accept the order of conditions, but besides the standard, I'd like to also read off the special order of conditions. >> Certainly. Our special order conditions, erosion control inspection, on-site
meeting with contractor within 5 days prior to construction, no stockpiling of materials, no equipment stored, no refueling, no portable toilets, or wash outs from concrete in the buffer zone. Now, new one, a certificate of compliance request shall be filed no
later than 18 months after the issuance of an occupies permit. If the applicant fails to comply or contact the agent, a $250 fine for non-compliance will be issued. >> Understood. >> We have just way too many uh old COC's
coming up like 20 years old, stuff like that. >> So, with that, let's entertain a motion that we accept uh accept the order recognitions. >> So, moved. >> Second. >> Second. >> All those in favor? >> I I >> Good. >> Very good. >> With that, I'd like to entertain a
motion that we close the public hearing. Motion to close public hearing. >> Second. >> All those in favor? >> I >> I. >> Thank you so much. You are all set. >> All right. Wish you a wonderful holiday. >> You too. Thank you. Thank you.
>> And may your evening continue to go smoothly. Right. >> Okay. New business. None. Discussion to Tilly Way. Review of matters presented. Votes may be taken. Cool.
>> Oh, there he is. I didn't even see you. How you doing this evening? >> Yeah, there weren't any seats. Good. How are you? Good. >> Aaron Cabalo to Tilly Way. All right. So, I took in um I told you I do a lot of
research and I've done a lot of um a lot of research. I actually met with Eversource on December 1st regarding this. Um, we do have a couple issues and I think we got to address them and just take care of them. Um,
the first being uh the dirt that was put into the wetlands. I know you said you didn't put the pile of dirt, but I know that your father said you did put the dirt for the chickens. >> Small amount, sir. >> Small amount. Yeah. So, >> what?
>> When I get stuck below the pile in the bulkhead, I got stuck a little tiny thing on >> where the chickens were on the trampoline. >> Oh, no. No, that was >> the trampoline. >> Yeah, >> the chickens were over there. There's no there was no dirt put there. >> No, that ain't what your father said on that Saturday. He said we put it right
on the grass. Okay, hold on a second here, guys. Okay, >> one at a time. >> He's at the podium. One at a time. >> Oh, he did. Believe me. >> So, this is what we're going to go with. When I met with Eversource, they would not let anyone dump dirt in.
And I'm not calling you a liar, but they would not let anyone dump dirt in the wetlands because that contractor would no longer be allowed to work for Eversource. Again, okay. I'm not calling you a liar. I'm not going to say that. But I did meet with them. >> The other thing is is Julie and I did
pull that property up on um Mass Mapper. That is all wetlands just the other side of the that road. >> Okay. >> Cut and dry. Okay, with that being said, I think we could handle this very easily or we can handle it very hard. I'm going to go with the easily option and you
make the decision. Okay. I want I feel and we'll vote on it. I feel that both dirt piles should be taken out where the trampoline was to uh original grade. The other pile be taken out. All the leaves be taken out this way here. If you take
the leaves out on that were put in along the rose edge, that'll allow the grass to grow back. That is wetland grass. That'll allow it to grow back. We're not asking you to plant a seed until June. If it's naturally coming up, I'm not going to tell you to go buy seed. I'm
going to say, "Okay, it's coming back fine. >> Leave it. >> Leave it." If it ain't coming back by June, then you can order the seeds. And you can get them. There's many different places you can get the seed that will match the same vegetation. If you don't feel that that's wetland by
the massmapper then I feel you have to get a botness and prove to us that it's not because we went on massmapper and it definitely shows that it's wetland might not be and I told you that I'm not a botist I was out there so that's why I'm going by the mass mapper >> what is wetlands that you're talking
about >> the wetlands that are on the right side of >> the access road or >> the access road as you're walking down the access road to the left is the storm water drain to the right is wetlands. >> Okay. >> Right on the edge of the road, it shows it on mass map of those wetlands.
>> Um, so that means there has been Phil put into the wetlands. If we if you feel that that ain't wetlands, hire a botnist and prove to us it ain't. But right now, we have to go buy the mass mapper map. >> Okay. >> And I think that's fair. If you want to
hire a botist to see what you really own, feel free. It really isn't that expensive. It really isn't. You know what I mean? I mean for a few hundred bucks you could get someone to go there. >> Don't you already have an order of conditions out there? >> No you wanted >> separate property on
>> I have I combined my brother I got two tilly way and then I bought eight more acres on the side of me. >> So that map that we have wouldn't >> no >> show them I don't two separate >> two separate. >> So how do you feel about that? >> Is that the easy way? >> I think it is.
>> I disagree. >> Okay. >> Um I have a whole slew of stuff here. So, I guess we can get right into it if you want. Um, most of my arguments, uh, is provided that I'm a farm. So, I'd like to prove that I'm a farm. Okay. So, even if you're a farm, you cannot
disturb the wetlands. Whether you're a farm or not, >> I do not disturb wetlands. >> Okay. Saturday, we were there. And Julia, correct me if I'm wrong. Your father literally said that this trampoline, where the trampoline was, they put the dirt there for the
grandkids to have chickens underneath. You didn't say that. No. >> So, what happened was, and I I took notes of this, um, Ever Eversource used that area, so the plants were gone, and then we they had an agreement where they would use it, and then they would remove
their stuff, so the plants grow back. You guys put the trampoline there, which then made it so those plants can't grow back. So, that that disturbed that area. >> Yeah. >> So, it was a disturbance with the trampoline, >> but it wasn't filled as he's telling me. And he wants me to dig out Phil. Well, I
don't know what you want me to dig out cuz there's nothing there. >> There's a pile of fill >> where the trampoline was >> there. That's higher. That is not That is above the natural >> perfectly level where the access road. >> Okay. And I with the grade of the wetlands. >> That's all bumpy over there. I don't
know. I didn't take a laser to it. What about the tree stumps in that back there? Do you want me to pull those out, too? I didn't put those in there. >> I'm not asking you to pull any tree stumps out. >> You're asking me to pull soil out that I didn't put there. >> Okay. So, like I said, I had the meeting with Eversource. They do not dump soil
on the edge of the road. >> You can have a meeting with me right now. I don't dump soil in wetlands either. Who do you want to go with? I don't know what you want me to say. I'm telling you, I didn't do it. >> Okay. If it was my personal property, like we were just talking about two Tilly Way. If there's somebody dumping
back there, I would know because I know who's coming in my in and out of my yard. That land over there, there's so many people coming and going. I don't know what's going on back there. I don't go check on everybody. So, I don't know what you want me to say about that. >> So, what do you what are you proposing to do?
>> I'm proposing nothing. I don't understand what you want me to do. I can give you all my paperwork. >> All the leaves you dropped there is going to stop the grass from growing up. >> That's an access road. >> Yeah, I know it is. >> I have a right to maintain an access road. >> You don't have the right to dump all the leaves on the right or over where the
trampoline was. You buried that with leaves. You buried the pile with leaves. >> I didn't dump leaves in the access road. I put straw down. That's what episodes did, too. on I didn't say in the access road. I said on the side of the access road. You filled all your ruts in with leaves. Those were ruts before we went
there on the Saturday. So, I do want the leaves pulled. So, this way here, the natural grass that's there can grow up. I don't think this is asking a lot. You're telling me I'm going to have to plant seed in the spring >> if it don't. It remains to be seen. I
think 99% of it will take off by itself. But you But what I'm getting at is you're telling me where the trampoline was, right over where the bridge is, right? That trampoline. You're telling me I filled things in and you want me to dig it out. >> I didn't say dig. >> Did I say something? >> You said pull it out. >> Where the trampoline was as well, even
if it's not necessarily a fill, it's still an alter. And you can't fill, dredge, alter, or remove anything in the wetlands. So, it still counts as altering the wetlands according to the wetlands protection act. So that's why we would want seed there if it doesn't grow back because it's still technically
altering what was naturally supposed to happen. >> So under the USDA guidelines right on the USDA website, how to remain compliant with wetlands conservation provisions. Program participants who know or believe wetlands subject to the conservation provisions exist on their
property may farm these areas when conditions permit but may not convert the wetland through draining, filling low spots, or clearing woody vegetation. I didn't do any of that. I put chickens there. >> You also had two conx boxes on the on
the uh I already that's in wetlands. >> That's in wetlands. Those trailers are in wetlands. So is putting a conic spark there filling low spots clearing woody vegetation. >> You want to answer that for me please? >> Um I believe putting anything in the
wetlands is filling um technically you did fill I know you removed it but you did fill >> it's not filling it >> which is still an impact to the wetlands. >> Yeah >> technically. >> Well right here it says I can farm wetlands >> but it doesn't give you the right
>> I don't think it does. No, I don't >> because you're at the wetland here, >> right? You still can't alter the wetlands. >> I mean, I'm just showing you what it says. >> I understand. I I heard what you said. >> So, why don't we do this?
>> Why don't we do this? We will get an environmental consultant at your cost. >> I'm not doing that. >> Um, actually, you have no choice and we'll put into an enforcement order. >> Yeah. Um, I think we're trying to go the easiest way. >> But Jim, you're not letting me do my side of the story here.
>> Okay. Last time you were up here, we couldn't discuss much, right? And I know that you had uh one of the chairman uh one of the ch uh board members go over there. You guys said you did soil samples, everything else. So, it's like you're trying to like just walk away from this and say, "Well, okay, even
though we disturbed it, it's we I have a farm. It's no big deal." It is a big deal because that's why we're up here is because we protect the wetlands. Okay? And I'm trying to do it the easiest along the edge there. If you take the leaves out, I think the grass is going to grow back.
>> I really do. Where your boxes are, I think that grass is going to grow back. I really do. Where the pile of dirt is and where the trampoline is, I don't think it's going to grow back. So, what can we do to make it so we say, "Okay, it's probably going to go back." Well, you might not have to spend $30 in seed. because that's what probably the seed is
going to cost around $30 for a pouch of seed. It's not very expensive. >> So, it's like how do you want to handle it? I mean, I'm willing to go either route. Um, we can do it like a gentleman enforcement order where, hey, listen, let's see what the grounds do come June
cuz by June, we're going to see new growth, right? We should. If we don't, then you got to buy some seed and seed it. I mean, I don't think that's a huge deal. Wetlands were impacted. Wetlands were filled. So, we have to see how we
take care of it. It's on your property. You're responsible. You You're saying that Eversource put the dirt there. They're saying they didn't. I'm not calling you a liar, but it is on your property. >> So, I'm responsible. >> Yeah. >> It's your property. >> It's your property. If a line falls down from Eversource, am I responsible for that, too?
>> No. But if someone pulls on my property and dumps a 18 willow load in the wetland and pulls away, guess who's responsible for it? me. >> Do you have an easement through it? >> I do have an easement through my property. Yes, I do. >> For who? >> For Eversource.
>> So, if Eversource goes there, you're responsible for it. >> If someone dumps an 18 wheel load of material or even a 10-wheeler in the wetlands and they leave it, I am responsible for it. It's my property. It's outside the easement. The only easement they have is the road. The rest, you're still responsible. You have
the right to let animals graze underneath the wires, right? You really do. as long as it's no um wetlands. There's two other farms in a cushion it let the animals graze underneath the wires. >> Oh, two. Yeah. >> Yeah. Well, there's two that I know of then. Okay. And they're allowed to graze
under it cuz it's not wetlands under the wires. >> Yeah. >> So, when you come to wetlands, things change, >> not according to this stuff. >> But what I'm saying is you're telling me that I can use you did say that, right? That you want me to dig out with a trampoline. I do not want to dig out.
Leave it to grade. Leave it to natural grade. You get the grass grade, trampoline grade, comes up, goes back down, and then it's natural grade. It does not go up. It's It's level. I didn't put anything there. There's a picture of the swamp mats going straight across right where that
is. So, you're telling me that the swamp mats used to be like this on an angle? I'm just asking cuz I want to get to the bottom of this. I don't feel like spending any more time with this. I've already spent too much time on it.
>> Any recommendation, Julia? >> I'm not sure what more can be said, honestly. >> Would you agree? Tell me why. That's where we walked across, right? That's where they have the swamp mat. It's right there. >> Okay. And where's the pile of dirt? Right here.
>> Pile of dirt. Dirt is right there. >> That ain't the pile of dirt. >> Okay. What else you want me to say? >> Okay. So, let's say >> right there is exactly where the bridge is. I'm no longer training. I'm no longer fighting, sir. Um, let's do this.
I'm going to recommend an enforcement author um that he as a consultant to go there, do an evaluation, and um let's get a get an evaluation of what's actually done to the property, what has been done.
>> Yeah. I mean, if if you're not going to try to even abide by any of the not >> Can I just Can I just show you this stuff? >> I mean, even, you know, >> this is discussion, right? >> It is. Did he submit everything like he said he was going to?
>> I don't have time. I have a life. I have kids. >> Okay. We have a life too. We're volunteers here. >> But you should already know these rules. >> No, I shouldn't. >> No, you shouldn't. >> No, it's I'm not the burden. You have the burden of proof. And that is the truth. You have the burden of proof.
>> Every engineer that comes in here, they have the burden of proof. >> So when you come to my property and make these accusations, I have to prove to you that I'm doing what's right. Like when you told me that pigs weren't even allowed in the town of Kushner.
>> Then when you called me >> on the 26th down and you said there's no pigaries allowed in the town of Correct. >> Where? >> What do you mean? >> Where where does it say that? >> Board of health. I went right to the board of health and talked to the board of health. There was no >> You also said you talked to the acco and you said that um
that you asked if I had a permit for pigs. >> Yeah, a permit doesn't exist for pigs. >> It doesn't. >> I have it all right here. I want to show you it. >> Okay. So, everything when you left this last time, you're telling me that we're
going to send this all to Joanne. >> I didn't have time. It's all right here. >> Okay. So, we don't review it on the night we're discussing it. M you didn't you're not giving us any time to review or read it and said you're walking it over to us and >> you already said you knew all the bylaws and everything. You said your your exact words I'm a smart guy. I'll figure it
out. >> Now you're full of crap. I did never said that and I would never say that. I said I'm not a botist. I have no idea. >> Well, when you call when you call >> and I did not say that. I would never say that to anybody that I'm a smart man and I know all the rules cuz I don't know all the rules. And that's why we
hire outside consultants, peer reviews and we do it that way. If you're going to go up there and talk lies about what I said, this conversation has have to end. We will bring it up again, but it has to end tonight. Um, with that being said, how do you want to handle this, guys?
>> I mean, I really wouldn't like to do an enforcement order cuz that's just a burden for everyone, >> right? So, let me ask it. >> Can I ask you cuz you were way more reasonable than he was when you came up for the the site visit in the first time, right? What am I allowed to do back there? Am I allowed to have animals back there?
>> Personally, I don't know the answer to that. I >> So, I don't want to agree to anything tonight that's going to affect me having my farm back there, >> I think. >> So, I'd like to figure out everything that you guys want because he's telling me that like, you know, I
plant grass and all this stuff and I couldn't even use the access road cuz Doug said the same thing. I think the original plan of what Jim was saying is a lot of what you should do, what he just told you is a lot more simple and easy than the enforcement order will be.
That'll be a big problem for you guys, for us. It'll be a lot of work. >> And I don't think asking you to move, you know, one dirt pile, wait to see if the leaves, wait to see if the grass grows back. I don't think that is a huge ask for what has happened.
>> And I think it would be it would be really simple. And then if the grass grows back, you don't even need to see. >> So when you guys came out originally, there was dirt piles in the wetlands, right? That's what I'm saying. >> I could have easily pulled them out. He said I was covering them with leaves to hide them from you. I could have pulled that out in 2 seconds. If you want me to
pull it out, I'll pull it out. >> Yes, we would like you to pull it out. Yeah. >> Even though I'm not a MIG, I did not put it there. I did not tell anybody to put it there. >> It was never like I had no idea who put it there. It wasn't me. If you want me to pull it out, pull it out. Take me 2 seconds to pull it out.
>> Okay. But I just don't want him to say that I did it and me pulling it out is me admitting to me doing it when I didn't do it. >> Yeah. >> I I said it clearly. I said I am not calling you a liar and I'm not calling everos a liar. What I ask is that that if you can pull that stuff out, pull the
leaves out along the edge of the road. Not the side where the old pile is with the trees going through it. Just the leaves on that side. Let all the grass grow up. If it doesn't grow up by June, you're going to be able to say, even if you have new growth, I don't care if it's that big. If you have new growth in June, it's going to all come back. Then
there's no seeded needed, nothing further needed. It's done. It's over. >> Keep arguing about it, right? >> Leave that alone. Then it's wetland. And then you leave the wetlands alone, right? After after it's been receded because it probably will naturally recede itself.
>> What about the access road? >> What about the access road? Does that need to be receded? >> No, that stays. >> No, >> no, >> that'll naturally grow whatever grows on it. >> Yeah, >> but I can go up and down it. >> I don't know. That's with you and Eversource. >> That's you and Eversource. That's
>> But you you told me I wasn't even I shouldn't even be back there. Period. That's what you told me. >> You've got to discuss that with Eversource. That That's their road. >> Yeah, it gets a little bit more >> that's it's a it's a little hairy. >> Has nothing to do with us. has nothing.
>> But I'm saying Doug was telling me flat out you are his exact words. Hold on. Let's see. There shouldn't be any activity back here whatsoever. And you told me that I couldn't. Jim, you said I couldn't even walk on the access road when you guys came out. You and um Julia.
>> I never said that. >> No, I didn't do that. >> I don't know. I never said that. I'll tell you that cuz I have an access road on my property and you do have the right to walk it and I even told you on the phone you have the right to walk your wetlands
>> that Yeah, I understand that you can cut what an 8 foot path but you have to file. >> No, you can't cut an 8 foot path. >> But do you have you have to file through conservation for that? >> That we don't even allow 8 foot through here. >> Well, whatever. I I never looked into that cuz I never did that. But >> but I think that the simple way was
remove remove the dirt from now >> remove the leaves. Let's see if it naturally sees. I think it's going to phenomen >> I think that's simple. >> And it's not admitting you put the dirt there. It's admitting that you're
willing to put the resources back to its natural state is what it does. This is what I was getting at before we start talking about this. So, I will I'll do that. I'm not admitting that I did it cuz I did not do it. But I'll pull it out if you guys allow me to pull it out without doing anything crazy. I'll pull it out.
>> That's fine with me. But you said I am responsible for everything that happens in that easement, right? >> No, you're responsible for the stuff on your property. If somebody drives down that >> That is my That is my property. >> Okay, but listen to me. If somebody drives down that easy, right, and they
dump a pile of mattresses, guess who has to clean it up? >> Put the pad on. >> You. All right. So, I got this letter from Evos. They're going to be going, they said by the end of the year. It's already getting towards the end of the year. This just came in November 26th,
dated November 20th. They're going to be doing vegetation work back there, clearing things, cutting trees, doing all that stuff. So, if that's not done according to plan, I'm responsible for that. No, Everest that that's one of the reasons why I saw Eversource. I got the
same letter. They're going to clear vegetation. They cannot they don't take any wetland plants down. All they're doing is they're looking to take down >> Let's just say trees. >> Let's just say maybe they did, >> right? Am >> I responsible for that? >> If they clear wetlands and you see it, you should call us immediately.
>> I can't watch it 24/7. >> You don't have to watch it 24/7. But if you go back there and you say, "Oh, wow. Someone cleared all these wetlands." You should call us and say, "Hey, I'm reporting this." >> As a complaint, not as someone was on my property and they cleared it. If somebody's dumped a bunch of mattresses
on your property, I hate to say it. You're responsible. That's why we as a commission tell Eversource every visit we go, "You guys should be locking these gates because people are dumping." >> They really are. >> Yeah. They dump all over town >> and not just yours. Everywhere. >> Everywhere.
>> And we keep telling Eversource, "Please lock your gates because it is happening." And I think you have the right to talk to Eversource to put a dual lock on it on that gate. A gate that you can use. >> They I talked to I forget his last name. His last uh his first name. His last
name was Sullivan. He said he was going to give me one and he didn't have one and that's the last I heard from him. >> Ask if you could put a double lock. >> He was going to. >> All right. >> So, I can put mine in his. >> Yep. >> Um, so if you want me to dig that out, I'll dig that out. >> The only thing could you do me a favor?
>> If it's real wet, hold off. >> Don't go in there and make a mud mess. >> All right. >> Wait till it dries when you get a chance. Right. >> So, yes. So, in the uh letter I received from conservation, um Julie had other concerns, too. As far as the bridge
goes, if you want me to dig that out, what about the bridge? You told me I had to get him out of there. >> So, I I would like to see him gone. Is that the way you would I'm asking you a question. Is that the way you would take the dirt out or would you go by the head of the road? >> Drive all the way down tilly way down >> I'm asking you go over the bridge.
>> I don't have I don't even have a trailer that towes that machine. It's 14,000 lbs. >> So, you'd go over the bridge? >> Yeah. Okay. So, use the bridge. Get that cleaned up. I know you got one as a walkway further up. You can have that one. The other one if you want to put a one so no machines, no nothing can go
back there. >> No. See, but this is why I want to go over this stuff because I'm in my rights to do that. >> To do what? >> To put that bridge there and bring my machine across and maintain the access road. >> It's over a resource. That bridge is over a resource. >> Water. >> That water. >> The water.
>> The the storm drainage. >> Yep. That's a resource. >> It is a resource. Automatically becomes a wetland resource >> when it's man-made storm drainage. >> Yes, it does. It becomes a wetland resource. We're going through that on a project right now down on another project. It's a storm drain. And the
engineer themselves told us now it becomes a wetland resource. Even though it's a storm water drain, it becomes a wetland resource. But I also have the right to um build a farm structure and I'm exempt from the WPA
and a livestock crossing and a way for me to access my animals is exempt. >> You can't build something in the wetlands. >> It's not wetlands. It's on top. It's over it and I'm exempt from the WPA. >> Where are you going to build it? >> What do you mean build it? I dropped a
piece of wood from one side to the other. The access road isn't wet. The other side of the property is not wet. >> Okay. So, look at how far away you're supposed to be. What are you put to do? Put your animals in the access road. >> Oh, no. It's a livestock crossing. I'm allowed to do that. >> Where's your lo livestock growing? I
mean, are you just going to keep putting your livestock back and forth over the bridge? >> Maybe I could put them on Tilly Way and I can put them on the other side. What if they want to graze on the access road that's not wetlands? When the grass grows back on that, they can graze that, can't they? >> No, they cannot. >> Why? It's an access road.
>> They can't cuz it's wetlands. You can. You just told me the access road is not wetland. >> The access road itself is not. >> Okay. And I just >> right along the edge. So you're going to be able to manage your animals to say don't don't go over that. Don't you dare across that little line. >> Maybe I put an electric fence. There's
ways around it. >> I don't know if Well, whatever. I'll tell you. I just can't believe how much of an argument everything is. Listen, >> because you tell me things I can do with my property when I know I can. You're telling me I can't have pigs. Period. That's what you told me. >> Okay. So, why don't we do this? We'll take everything, submit it right to the
D, let them get involved. We'll get the EPA there and we'll go that route. I have no concerns with that. If that's what you want to do, I do. I think the easiest route is remove the dirt, see if anything grows back, and that's it. What you want to do with your property, go through all the proper channels and ask
EPA, D, and we'll even help you look for it. Anything you want to do, you have to to keep saying that you want to leave a crossing over a resource cuz that uh drain is a resource. I don't feel is necessary. I don't feel that it's right. So, what I'll do is I will look into it.
I'll have Julia look into it. She can call the D. She'll call EPA and we'll get all the information. I think that's fair. I think to say let's see if the grass grows back is very fair. I think it's the easiest I think it's going to grow back. I really do. >> That's fine with me. I don't I'm not
putting anything over there. It's just something that was dumped there by either Eversource or somebody else. These are all the um believe that I do appreciate I'm not taking no knowledge tonight send it to her. Um >> I'm not sending it because I can't I
don't have time. This is all stuff that I had printed out. I can't just make PDFs and highlight them on my computer. I don't have time for that. >> She'll send it out to us. >> Um what we will do is if you're willing to take the dirt out of there, you're willing to remove the leaves on the edge, just just let the grass grow back.
If it grows back, I'd like to have the agent go visit in June just to see, hey, it all and it should be coming up. I'm going to tell you the truth. It should come up without a problem. But not to be a dead horse here. They do plan on coming out out there driving down the
access road with chippers and bucket trucks and that's their right to do that. >> It's all hand work in the wetlands. >> That's their access road. >> It's all hand work in the wetlands. I just went over this with Eversource. Anything in the wetlands, they do not put the equipment in. It's hand work. And they're looking to take down the
saplings that are going to get big is what they're looking to do. >> Well, I don't know because they used to just brush hog all those reads back there, too. So, I just want to make that clear. If they do that, am I at fault? >> Because I'm going to go. >> So, here's the thing with Eversource, just so you know.
>> If it doesn't grow back, is that on me? When they go in there and they brush hog it all down. >> Can you just let me finish? If ever is going to go in there and brush hog, they will let us know. They will send in his email saying, "We're going to this area. We're going to brush hog the whole thing. What they said is when we when I
met with Eversource on December 1st, they go into all access roads and they're going to start taking down saplings, anything that's going to grow big and grow high. They can't take down any of the wetlands. They do it all by hand because my access road does have a lot of wetlands on it. And um they're
going to take and uh all they're going to do is take anything that's going to grow up big. Anything in the wetlands they do not take. out. >> And if we get any notice from Eversource that they're going to brush on or something, you'll probably get the same notice. >> I mean, I thought that's where the
notice was that they just sent. >> No, it's not for a brush hog. It's only to take out saplings that are going to start growing big. >> Well, they're clearing all the trees, too. 25 ft from the Dines that they just put in. >> Yeah. Trees. They're going to leave the wetland plants.
Okay. So, and who's the uh responder on that letter? Who's the one who sent it to you? Should have a name at the bottom. Jared Pere has a weird till day thing on the E. >> Is there a phone number? >> Par.
Is there a phone number? Yeah, but that's uh Please contact us if you have a private well. That's the phone number. >> Uh, can you give Julia that phone number, please? >> 888 673
99943. >> Thank you. >> So, Julia is going to call and see exactly what they're doing into that um area. So, we'll know exactly what's going on. I will have her respond to you and let you know what their plan is in there. And um then you'll know and we'll
all know, right? Yeah, that's fine with me. >> So, >> all right. So, we good with what's going on then? >> Uh, let's just go over it and figure out what we're doing here. I'm going You're giving me permission to take those that dirt out.
>> And if that grows back, we're good. >> Yep. >> And then I'll do even more research that I've already done. and I will um I know USDA gives you um grants and stuff for lawyers and everything. So, if
I have to go that route, I will. But there will be a farm back there. And as far as I'm concerned, that bridge is fine and I'll have to either get a lawyer or do something to >> I don't think you have to get a lawyer. I think all we have to do is call the EPA and go through everything you're
asking to do. Whatever you're asking to do with the land. So we have quite a few farms in the Kushnet and they have all state permits. They all stay in contact with us of what they're doing, who they contacted, who they got their permits from, and it's not just the USDA. It's a
lot of other permits and they keep in contact with us. This is what we have. When we go there, they still invite us to walk through the wetlands, see what they've done. Um, we have one farm that the EPA EPA called us. Looks like they're into the wetlands. Could you pe could you people please investigate? So,
we do have one that we've had to investigate because the EPA noticed it on a GPS that um the wetlands were being used. >> Yep. They were encroached on the wetlands. So, the EPA is willing to keep in touch with us. They're going to let you know
everything that you can do. And it's like plain and simple. If the EPA says, "Hey, listen. He can do this, that, and that." Guess what? You can do it. >> If the D says, "Hey, they can do that." You can do it. >> Good. >> Yeah. It's fine.
And that's why I'm saying just contact all of them and then you can show us it's all emails. So all you got to do is if you have an email uh cons uh uh an email response with EPA, throw it to Julia. You're in the loop. Everyone's in the loop and then we don't even have to
worry about it because it ain't never going to come up because Julia is going to say, "Nope, the EPA gave permission to do this, this, and this. D gave permission to do this, this, and this." It's and that's the way all the farms that have wetlands are handling it. And we had, like I said, one just
came back to us. EPA contacted us. It looks like they approached the wetlands. Could you please go look at this? >> And I and I know we are a right to farm community. I understand that. I get that. I have a small farm myself, but
I'm still subject to inspections from the town. >> I'm not I have over 5 acres. I actually spoke to the acco and she said that there's a separate set of inspectors that go around and she doesn't have to inspect
me, right? >> So, let's do this. Let's plan on Julia going there in June, right? Take a look at the grass. I know. Like um like I said, try not to go in there with it super wet just so it don't get really
mucked up, right? And uh just take it to the original grade of the grass. I think everything is going to grow back. I know Eversource does put mats on wetlands. They pull the mats, everything does grow back even though they kill it. So I don't think you're going to have any problems with seeding. I think everything is going to grow back
natural. And if you pull the leaves out the along the edge of the road, I think all that will expedite the growth of the grass. The leaves that you put on the pile on the lefth hand side, the pile that the trees are growing through that's been there forever. You can leave the leaves on that. I really don't care.
>> Yeah. That was only cuz the machine backed up into it, so I just put leaves on top of it. >> Yep. So, with that being said, I'd like to entertain a motion that we go through with the conditions we just set forth. Um, pull the dirt, rake the leaves off the edge, let the grass grow back
natural. >> I'll make a motion. >> Yeah, I'll second it. All those in favor? >> I I >> All right. See you in J. Julia. >> See you. You don't need me. >> How about my P?
>> How about my P? >> What' you say? 27 14th >> 14 14. >> Okay. Agent update 233 Mal Road. Um, so we received a comp from a citizen of the
town um who lives at 225 Mendle Road and he was complaining that there's construction on 233 Mendle Road currently and um the people doing the construction dug a hole there uh to hold water. And so the complaint was that the
water is flooding onto it's like pitched toward his driveway and flooding him out. Um, so I spoke to both construction companies that are working on that, Martins's Brother Construction Inc. and Dera and Sons, and they both claimed that the hole was a temporary solution to the water. They didn't tell me
exactly what they're going to change it to, but they said it was temporary and it should be gone within the next 2 weeks and the flooding issue should subside. So, I told the resident that and um basically just told him if you have any issues after this hole is removed, like let us know and then we
can go from there. But as of now, we're hoping the issue resolves itself. >> So, that being said, Julia, I didn't mention it to you this morning. I went by there yesterday. They have able asphalt there. Um they weren't paying putting down asphalt. What they were doing, they repitched the whole
driveway. Um, as you stand from the road, you see it now pitched away from that neighboring property. I did not go on site because they had all equipment in the road to see if the hole was filled, but um maybe that's something you can take a quick ride down there, see if the road is filled. I know they
did pitch the driveway, so I think they are really trying to relieve the the possible issue with a budding neighbor. >> Okay, great. >> All right. Um, other business, any other businesses that may properly come before the
commission not respons uh reasonably anticipated when posting 48 hours prior to the meeting. Future business. The next meeting of the conservation commission will be held on January 14th, 2026. Meetings will be held at all at the town hall meeting room located at
122 Main Street of Kushnet at Mass. With that being said, I'd like to entertain a motion that we agend. >> All those in favor? >> I