the post. This public hearing is now brought to order at 6:00 p.m. This hearing is being held as required by the provisions of chapter 131 of the general laws of the Commonwealth and act relative protection of the wetland as most recently amended. Notice
this time and place of this hearing was published in the behavior news on December 11th, 2025. It was also posted in the town's clerk office January 8, 2026. This meeting is being audioed and videaped. Persons wishing to be heard will be
called in the following order. I would like to entertain a motion to open the public hearing. Motion to open the public hearing. >> Second. >> All those in favor? I >> I. Okay. First thing we got is minutes of approval. Um, December 10th, 2025.
Did anyone get to review it? >> I did. >> Okay. What is your thoughts? I I thought it was accurate. I didn't see any issues. Um >> I went over the same thing. I feel the same way. >> Um with that being said, um I don't know if anyone else got to see it.
>> So then what I'd like to do is entertain a motion that we accept the December 10th, 2025 meeting. >> So moved. >> Second. >> Second. >> All those in favor? >> I November 13th, 2024. >> Wow. >> Yeah. >> Is that the right date on them?
>> It is. Yeah. Oh, okay. It is. Yeah. No, I looked at it. >> Yep. I was looking at the >> I read it. >> No, that's that's >> okay. So, same thing. Did anyone else get a take a chance? >> I did. >> Okay. So, with that being said, I'd like to entertain a motion that November 13, 2024 is accepted. >> So, moved.
>> Second. >> All those in favor? >> I >> I >> Okay. Next one is December 11th, 2024. Same thing. Was it anyone everyone get a chance to review? >> I did. Yes, I did. Um, with that being said, I'd like to entertain a motion
that this is accepted. >> Yes. >> Second. >> All those in favor? >> I. >> I. >> Okay. Okay. Meeting mail. I guess we got a letter from the MACC regarding due increase for fiscal 2027.
Um, do you know how much it went up, Julian? >> Uh, maybe like $80 or something like that. >> All right. >> Around there. >> Um, it's only meeting meal, of course. We don't have to pay out of it out of pocket. Um, but we'll go from there. At least thanks for the heads up.
>> It went up $80 a person. >> No, no, no. That's the dues. >> Oh, >> that's dues for everybody. So >> then it's I but it did go up for if you want to attend and become members like I have all you um and Julia and I as
staff. Uh I think it went from like 65 to 75 or it was like $10 or $15 each person and then the courses have gone from like 150 to 170 for the annual meeting >> conference in February. >> Do you have a date?
>> Uh February 28th. That's at the end of our discussion. We can figure out >> Yeah. Get some more information on that. >> Sounds good. Okay. Now continue public hearing requested for an amended order of conditions applications to Copper
Park Drive LLC owner Whites Farm Incorporated off Park Drive SE00001-0553. A request for an amended order to an existing order of conditions was filed by Sappa Park Drive LLC for property located off Park Drive map 19 lot 22B3
point. The applicant proposes to all install a solar photovolic uh array consisting of 4,999 kW and battery storage project with the 100 foot within the 100 foot buffer zone to a bordering vegetated wetland.
Revisions include wetland crossing areas, wetland flagging. The applicant is represented by Weston and Sampin engineers. Plan name is Park Drive solar PV development dated December 10th, 2020. Revised September 16th, 2025
review of matter presented votes may be taken. >> Mr. Chairman, Mr. Chairman, if you could vote, just a correction for um uh property located off Park Drive. It's map 17. >> Oh, sorry about that. >> Misprint on your No, it's
>> No, it's not. Sorry about that, guys. >> That's okay. So, if you could just clarify that, please. >> Yep. Uh for property located off Park Drive, map 17, lot 22B >> 13 Okay. Um, I'd like to entertain a motion to open the continued public hearing.
>> Motion to open the continued public hearing. >> All those in favor? >> I, Zachary, come on up, young man. Thank you. >> You guys want to come up, too? >> Oh, wait. We're not having a potty at the podium. I
>> Everyone, please state your name and everything, though, please. Zachary Sh, senior director of development. Uh Matthew Connors, Wilson Simpson, >> Senator Sean, associate developer at Carpa. >> Yep. And we also have Jeff Rolloffs. >> Jeff Roloffs outside council. >> Yes. Carpa. Thank you folks. And just a
reminder while you're at the podium, if you could just speak up just a little bit so the audience, not just here, but viewing can also hear you. Thank >> we'll do. So we're back for you. We were December 14th, I want to say it was, right? Or right around there. Um we
talked through everything. We're originally coming back. back ideally for close out the men of our petitions tonight. I'm sure as we've discussed with the team here and when I mean team I mean your board Joanne my team as well there's also an extension request in that. Um so I just want to one cover up
or explain when we originally applied for everything in March part of that request to amend this was also to include the extension as we were going to come up on the time that it was going to elapse. And so to that effect, you know, I'd like to just talk today about not only getting the amended order
conditions cleaned up, but also the extension as well. And um to that effect, we got the WPA5 form completed. We're good with the conditions going to the weekly inspections. That's no problem. Um and we've also, if you're open to it, filled out the extension
request form and have taken care of everything else in that respect, too. So we're here to have a you know open formal discussion with you guys and try to understand if we can you guys are comfortable. I understand it was a lastm minute development and it was never meant that way if we could potentially vote on both these things in sequence or
we're happy to also you know talk through and understand the continuence of January 28th. >> So I'm just going to give the board a little bit of a background kind of what happened in March. Um Mark Milton received the amended order and also the
request for the extension. Um and that's as far as it went. It never came before the board. Um so it's kind of like partially on us too or kind of what happened. Um but it's also partially on them. Uh Zach and I had a discussion um
since they never brought it up at any of the meetings. So I I feel like this was a kind of like a 50/50 drop. You know what I mean? Um, with that being said, I I did talk to Zach. I said, you know, this form has to be filled out. Uh, you got to get a check over to trying to make it two separates. Um, what I did
tell them on the phone when I was talking to him is that I don't feel that, um, this should have been just thrown at you guys saying, "Hey, you're looking to vote for an extension tonight." I wanted you guys to decide whether you wanted a time to digest this and think about it or if you are willing
tonight. Um, it's kind of up to you. I know that right now I don't even think Joanne has the paperwork prepared. Um, >> no, but Zach did they they did do it. They did help me out today and got it all done. I have it with me. Um, I think they're all set like you mentioned with
the conditions that you had set forth. I sent it over. I don't did I send it all to the commission? Did you guys get a copy of it all >> because it's been a lot in the last few days. It's in your packet now, but I don't know if you had a chance to review it before >> the um special conditions gentlemen. Did we hear back from Bill Madden on that?
>> We did not. >> So, what I did is I took the special conditions. Um, I actually had a con uh con conser uh I spoke with Bill Madden regarding all the special conditions. There was a couple things he had said that he thinks we should think about,
right? Um, so I did send it to him. I had Joanne email it to him. I asked him to look at. He did not get it back to us. Um >> uh >> on the extension >> what? No, the special conditions for the amended order. >> I know. I'm saying on that extension
issue. >> Yep. >> Wouldn't it have to be on the agenda? >> So, this is why we brought it up tonight, Eric, because it was never put on the agenda ever. Um and it was dropped by our party. I'm not saying
we're voting for it tonight. This is uh part of what uh him and I talked about is to have a discussion about this. I'm not saying we're even going to bring it up to vote. Um I'm just letting everyone know what happened and why it fell, right? And this is where it's on their fault, too, is because they never
brought it up to an agenda. They never asked to have it put on the agenda. Um it's two separate amenities. Um the the amended order and the extension is not combined into one. They tried to combine it into one. That's where it was their fault. Um, it was also part of our
board's fault by not coming forward when they put the original letter in telling them that they, hey, listen, it's got to be two separate amenities. It's not one. Um, with that being said, it's, you're right, it should have been on a separate agenda. Um, >> well, I'm not even saying the word
should. I said I I'm meaning like by law. I think it needs to be >> correct. And I agree. Um, and that's why I don't feel that we should vote on this tonight. And I did let him know that I think on the next agenda it should be two in a row. One for the extension and
one for the amended order. Um and it gives you guys time to digest it and research it. >> I mean does anyone else have anything? >> Why don't we just I'll put a motion to have this continued to next meeting. There's no there's no reason to go any further.
>> Yeah. Uh the only thing is before you I'd like to you do that one more time. I'd suggest that you put a motion to have it two separate agendas on the next meeting. >> If it's legal to do it in one then we can one means he means you want to have
the extension clearly written out. >> I don't know if I want it. I just need to make sure it's legal. >> That would be legal either. I'm not I'm not savvy with exactly what the law states if it has to be separated >> extension to be voted on first and then
the amended order. So, we we have an attorney that probably could um chime in on this. >> We're willing to listen to you, Jeff. You want to help us as a >> Okay, I'm trying not to say too much here, but I do I'm totally comfortable and I think your your attorney Alex is also that um because the extension
request was in the documents as part of the amendment package. We viewed the notices related to the amendment as covering both the March submitt and and the supplemental narrative on this project both reference the extension request. So legally it's been covered.
But if you're if you want to be if you want to play it safe and address it on the 28th, there's no problem uh when you describe the agenda item just making it clear that it relates to the amendment request which includes an extension
request or however you want to state it. >> Probably the public would even have a >> noled. Yeah. Well, for extensive permit, you know, there's no public hearing >> and with the past with this whole situ this whole >> thing in front of us in a whole.
>> I want this out of my hair, too. >> That's a good point. >> And don't want to deal with it and I just Well, not that I don't want to deal with it. I just want to make sure it's all done by the book at this point. We've already gone the routes we went for miscommunications and all that. Let
me just I think this one definitely is going to warrant and I believe I already have the motion on the floor. So, >> yep. >> So, that we have a motion on the floor that this gets continue till January 28th, >> two separate agendas. >> We'll put it in two separate agendas.
>> Okay. So, I'll I'll I'll second that motion. >> Well, we whatever the legal action the correct >> we already had the attorney come up. We already talked attorney. >> No, we we've already talked to Alex. Um >> Okay. Well, then whatever the attorney says. >> Yep. But we will continue it till the
January 28th. I have a second. >> Do I have uh Let's vote. >> All in favor? >> I >> Sorry about that, guys. >> No, that's right. Is there guys? >> Anything else paperwork-wise that needs to be bucked up? >> Thinking ahead. Planning ahead.
>> That's out of my department. The only thing I'm going to do is like I told you, I did send Bill Madden our um special order of conditions. I think um we kind of it really looks decent. Um there is a couple little items that I had a question and that's why I call Bill Madden. He's going to give us his
opinion. I don't think it's going to be dramatic. Um and then we'll go from there. And then the other thing is this also gives you a little bit longer to make sure you uh lock in that um clerk. >> Yep. >> Yeah. It's going to be hard to say if we'll have it locked in by then, but we're
>> hopefully we do. >> So, all right. >> Great. Thank you. >> Hey, have a great evening. I'm sorry about all this and like I said, I think it was dropped on the ball both sides. >> Okay, >> we'll go from there. >> All right. Next is new business and I
have to recuse myself. Uh new business public hearing IDA James Soua M 16 and 19. The request for determination was filed by James S James James M. Souza for property located at Gammon's
Road map 9 lot 16 and 19. The applicant proposes to clean up an abandoned farm. The work will consist of removing buildings, structures, vehicles, junk, and trash. All materials will be loaded into dumpsters for off-site disposal,
and the vehicles will be hauled away using a flatbed truck. Upon completion of the cleanup, all disturbed areas will be seated with a native grass mix and the area will be allowed to reveate. Long-term maintenance of the upland area will consist of mowing four times a
year. The subject area falls within the 100 ft buffer zone of a bordering vegetated wetland and partially partially within the 200 ft riverfront area of Tinkerbrook. Sketch to accompany an RDA review of
matters presented. Votes may be taken. >> Mr. Souza, >> James Soua, and my wife Andrea were here. Um, the property owners of Gams Road. It is now actually 127 Gams Road. There is an address on it. Um, so we uh
ended up purchasing this property and um we now want to take and clean up the abandoned farm that's back there. There is buildings. There's a lot of plastic barrels, plastic buckets. Um, a lot going on. We're not looking to clear, fill, dredge, anything. The only thing
we're looking to do is clean up the mess that you guys saw. Um, the only thing that's changed from the site visit is I'm not cleaning anything that is not on my property. Um, and that's what me and my wife are going to do. >> Yeah.
>> This is all on the back of the property there. >> Yeah. >> Yeah. >> I never went to the back of the property. >> Yeah. No, there's quite a bit of Yeah, it's pretty >> Yeah, >> it's uh I was amazed, I have to say, at the uh level of uh >> You guys definitely have a task.
>> How are these vehicles back there? Like, are they drove them back? >> Yeah. I mean, literally, >> was it just abandoned? >> Yeah, >> everything's abandoned. >> I think they were using them for storage as well and then just let them sit, right? >> Yeah. From the site visit, too, you can see that like there's a bunch of trucks
there and there's like trees grown into it. Like they've been there for a long time. >> It's quite a lot of stuff back there. >> So, with that being said, just so everyone knows, >> how many vehicles there's going to be How many vehicles are in there? >> Uh, was it three?
>> There's a Chevy van. There's a um a backo back. Yeah. >> There's on my property there is one, two, three, four barns. Um, and there is a bunch of uh fenced in areas. There's
also a grapevine area and >> some old coups, right? >> Yeah, a bunch of old coops. One of them's a rabbit, one of them's pigeon, one of them's chicken, one of them's dogs. >> There's a little bit of everything. I believe you guys did receive the packet
that shows the outline of the uh buildings that are back there. Um, if you go back, um, those buildings, one of those buildings have been there for more than, uh, 41 years. When Tony Fara, uh, came over, he was talking to me and he says he used to use it as a clubhouse
when they weren't there. So, these buildings have been there a long time. Um, it's just something that, uh, we want to clean up and make sure we clean up the habitat. >> Um, can I speak? >> Oh, absolutely. Absolutely. So, I think
um from what we saw the site visit, it it looks like really ugly back there right now. There's a lot of like pollutants in the wetlands, and I think cleaning that up would only be beneficial. Uh removing all those pollutants. There's plastic, there's metal, there's glass,
you know, bad for the vegetation and the wildlife. >> So, that's that's what I have to say about that. only >> solvent is up under the >> only thing I see with that would be there could be other contaminants that are in the soils like oils and stuff like that where you got to have special
notification with DP to dispose of some some stuff like that. M >> so right now Eric I have been back there me and my wife actually um before we approach it. There's no vehicles leaking. >> There's no hazardous waste in containers, buckets, anything like that.
Um I did let the commission know that I will have an emergency spill kit on site before I move anything just in case something does go wrong. If something does go wrong, I will call the proper authorities. I know all their numbers. I've worked within this many times. And if it was going to happen while it's
that could be already in that area. Well, you know, you don't want to disturb the material the it might be more damage to try to go in there and take it out and then turn the soil and
rebr up if there's old oil and old whatever radiator fluid, whatever the contaminants could be in the soil. by turning it up could cause another problem. That's why like when they did the junkyard up top, they had to do it in a certain manner. Like they had to in
some areas they weren't allowed in it. They had it's it was if you're savvy. >> So the the the van I know for a fact that is not leaking. I actually had a guy. >> I'm not saying today, Jimmy. >> Yeah, but even if I go to pull it out of >> saying prior to
>> Okay. But I'm not digging nothing up. So, >> well, when you move the vehicles, the tires and the vehicles and the equipment, they're going to turn the soil, right? >> Correct. >> So, it could bring up things that you can't see, contaminants that you can't
see. >> And then it turns into storm water and then the storm water rushes into other areas and contaminates other areas. It's in a better interest to keep the contaminants together than to for to let it to keep.
>> So, I'm going to ask you a question. So, are you suggesting that I leave these vehicles back there and let them continue rotting? >> It might be in the better interest. Like I said, I think it's I've been on that. I've been on the site and and I don't I don't maintain that
opinion. >> Well, we're all here by our own. >> I'm not I'm not I understand that. I'm not in disagreement with you that anything could happen. You're absolutely right. But I also have faith in the
property owner that's going above and beyond to clean the property in the event of a spill will make the property. Yes, you're getting it messed up again. You're saying a spill as in today. I'm not talking about today. I'm talking about previous owners. previous.
>> Well, I will say I took a close look at that property and I did not see any evidence of any that that property is completely overgrown. >> You wouldn't see it. >> That property is completely overgrown. >> Yeah. You couldn't see. >> You're not going to have that kind of uh
natural growth in contaminated soil. And I know that for a fact. >> Actually, it's the opposite. >> I think you can attest to that just from your own property. >> It's actually opposite, you know. Um, it's just it's possible it could happen. I'm just talking
outthetically that it already did happen and it could be there. >> Yeah. Well, again in >> what things grow in >> my opinion grow in it. You would still and in fact did you know that cohogs in fish habitat actually we're not talking
about the ocean like in the ocean >> those those things we're talking about soil they filter out the soil >> contaminated soil nothing will grow in >> her question was between I don't know why you're budding in her she had a clear-cut question that had to do with me I was answering her question
>> well at the at the moment on the chair >> okay well you can sit on the chair >> I have a right to interject into anything. >> Folks, the only thing I'm looking to do is bring mother nature back to the way. >> I understand. >> That's what I'm looking to do.
>> I just think we should look for maybe you should look into it a little further. >> I think, you know, quite possibly you should try to attend more of the site visits and then we wouldn't have this. >> Okay. Well, I'm just put a motion on the floor to have this continued and until the next meeting when I have a chance to
go out and have a site visit. It's all >> motion on the floor. That's what you're supposed to say. >> Is there a second? >> Can you look into it afterwards? Like >> Well, here's the thing, and I'm going to let you folks know. I want to do this try in the winter so I can get back
there on that woods road that's been there forever. I want to try to do this while the gra uh the the weeds, everything's down. uh that I don't have problems with hornets going into these buildings trying to clean. So, the way I look at it, I have three winters to do this. I might be able to get some of the
spring until the bees start coming and everything else. I It's going to be hard. When I bought that property, we bought it with full growth. We didn't see the full mess until after the vegetation went down. So, am is me and my wife looking to start this
immediately. Yes, we are. >> Do you know what it was before? >> Excuse me. Do you know what what the area was before they started? Like >> it's been a farm the whole time. It's it's farm and livestock. >> Correct. >> No doubt about it. >> There's um a whole area with fruit
trees, grape vines. Um I do want to bring the fruit trees back. Uh like I said, I'm not looking to dredge uh clear uh fill. The only thing I'm looking to do is clean up a mess. I know that this department conservation commission has given permits before for
demolition, for cleaning, for doing exactly what I'm asking for. There is abandoned buil uh vehicles there that are not leaking right now. I'm not saying not how long they're going to be. If I drag them and I see an oil spill or something, I will contact you guys immediately. I will contact the proper
channels. I have no issues with that. I've already talked to my old boss. He's going to let me borrow two emergency spill kits, the full 55gallon drums, which I have no reason to actually have two on site, but he's going to let me borrow them. I will have them there while we're doing the work. If I see
something that goes out and beyond of what we should be doing, I have no problem calling the right authorities and getting a hold of this commission and say, "Hey, I had to go all stop because of this." >> Okay. Did have you done that yet? Have you called other authorities and made
sure that it was okay? like DEP. Did you call board of health to see if they had anything to say about it? >> I've already talked to Joe. There is no building going back there. There is no life going back there. There is no nothing. There is no uh feed in there which causes rats. There's there has
been raccoons. I see raccoons. >> It's going to remain in a natural state when you're finished. Correct. >> Correct. It's going to be a natural state. I'm putting no buildings back. I'm not doing nothing except for growing grass and I'm going to maintain. And I say four times a year. I might not even cut it four times a year. We're going to see how it grows. I'm not looking to
make it an area. The only thing we are going to do is underneath the grape vines. My wife and I do want to put a picnic table in a little area under the grape vines where we're going to have shade. >> I don't think that falls under our eyes when you have >> That's why I'm asking if this commission
will take and approve an RDA for me to do what I'm asking to do. >> There's a motion on the floor. Was there a second? Seeing that there is no second on the motion, I will entertain a motion to
approve the RDA. >> I'll make a I'll make that motion to accept and approve the RDA on this property. >> Is there a second? >> I'll second, but just be aware and maybe at some point
take some tests or something just to be sure. Well, I don't think only because it's kind of >> in effect that the test doesn't matter anymore. You have to do it prior to >> Well, I think I don't know. I think you'd be conscientious enough to find out since the pond's right there. But I
just don't feel like there'd be a lot of working on trucks or anything. It would probably just be the vehicles that are there if it was more of a farm and and I don't know if that's >> being there is a second. All those in favor? I
>> thank you from >> is the neighbor here for this property next door? >> That's correct. It was a it was a public >> um no he is not. Um just so everyone knows Julia will let you know he did call up Julia and flipping out and yelling at him. >> Oh no.
>> So I would like to um open it to the public period. >> That's a separate issue. >> Yeah. see a followup with the um the ab budding neighbor on on this property as well uh because there are some underlying issues uh happening over
there. So uh I feel that needs to be put on the agenda. >> All right. Are we all set folks? >> I believe we are Mr. S. Thank you. >> Thank you very much. >> Thank you.
Oh, sorry. >> Thank you. >> Okay. Next on the list, certificate of compliance, Tony Santos, 16 Brookside Drive, SE00001-0525. A certificate of compliance is filed by Tony Santos for property located at 16
Brookside Drive. The site work uh the site work included the installation of a septic system upgrade locate located located within the 100 foot buffer zone uh to a boarding vegetated wetland septic system as built uh date was
November 7th 2018 on file review of matters presented. Votes may be taken. Um with this being said guys here here we go again. Another 2018 uh and someone's looking for a certificate of compliance. With that being said, Julia, I'd like for you to put in your two
cents on this one, please. >> Okay. Yes. So, when we went to the site visit, we noticed that there was some garbage. It like plastic cans uh behind their fence and it appeared to be in the wetlands. And so, I went back to the office and I looked at the NOI filing. I
looked at their blueprint and did the scale and it looked like their wetlands started 10 to 15 ft on like the the short end behind their fence. So, with that being said, it looked like there was trash in their wetlands. So, we called um Tony Santos today and spoke
with him and he said he's willing to get a landscaper out there to clean up the trash in the wetlands. Um so, I would recommend holding off on the COC until that is done. He told me that he would send pictures and proof once it's done and that I could go out there and check
uh if it was done properly, which I'm sure it would be because he seemed like he was willing to do it. So that's what I have to say about that. >> Anyone got anything to say? >> That sounds >> so with that um I'd take and entertain a motion that we continue this till the
28th meeting open to hear back from Tony. >> Motion to continue the 28th. >> All those in favor? >> I. >> Okay. Public hearing NOI Morse Lane LLC Morse
Lane map 18 lot 67B SE 001 0618 a notice of attempt was filed by Morse's Lane LLC for property located at Morse Lane map 18 lot 67B. The applicant proposes to construct a single family
dwelling within associated driveway, paving, grading, utilities, drainage, pre-claring and wetland replication within the 100 foot buffer zone to a bordering vegetated wetland and within 200 ft repar >> zone.
>> Riparian zone. Thank you. To deep uh work within flood zone AE elevation 44.5. The applicant is represented by Nile Nilesa of Zenith Consulting Engineering LLC. Plan name is Subsurface Sewage Disposal System New Construction,
dated December 8th, 2025. Review of matters presented. Votes may be taken. With that, I'd like to entertain a motion that we open the public hearing. >> Motion to open the public hearing. Second. >> All those in favor? >> Niles, it's yours, young gentlemen. >> Good evening. Uh, for the record, Nile
Zer from Zenith Consulting Engineers. Um we're here before you with a notice of intent filing for the construction of a single family home uh located off of Morse's Lane. Um so there is a few different resource areas on this property. Uh we have a BBW um which has
been flagged by Steven Shme. Um, we also have uh bordering land subject to flooding uh which is um and I believe that's to elevation 14 I believe. Um and then we also have um
we also have an offsite stream uh Deep Brook which is located it would be located to the east of our property located here. Um, and that has an associated 100 ft uh inner repairarian zone which is still
located off the property. Um, and then an associated 200 ft uh outer repairarian zone uh which is located partially on the property. Um so this property is going to be um again a single family home. It's going to be
serviced by on-site septic system and an on-site well. Um the well is proposed up in the front area here and the um septic system is located in the rear of the property. Uh my office did not perform the perk test but perk tests were done
and witnessed by the uh witnessed by the board of health and passed uh locally and the town and the state uh requirements. Um so the system is as shown it complies with title 5 and the local regulations. Um, we're showing a the red is the 25 ft
buffer from the BVW. The orange is the uh the orange is uh 50 ft. Um, as part of this proposal, uh, we have a a wetland crossing. So, this is being done under what's called limited project. Um there is a wetland here and there's a
wetland offsite over here and there's a strip that goes through it and we have in order for us to get to the upland portion of the project uh we have to do a wetland crossing and in doing the wetland crossing which that wetland crossing is depicted in kind of the reddish color here. Um in doing that
wetland crossing uh we have to do a replication area. We're providing 2:1 replication area uh which is depicted here in this kind of purplish color here. Um we've provided a full set of plans um that Steve Schmele is uh has
fully gone through. Um and it talks about the vegetation um that needs to be planted and the elevations that needs to be dug out to. So those things sort of things. Um the all the limit of work uh for the proposal will be uh will be encased in
silk sock. Uh we have a detail on the plan for that. Um and then also while we were out on the sitewalk uh when we were on the sidewalk there was concern about um the area up in the front here. So if this you I'm sure you all remember cuz
everything was staked out the driveway, the house, the septic, those sort of things. Um, you remember in the front here there was debris and some sort of a breakout going on there. Um, so I did speak with Steve Schmile. Um, and we're
willing to uh during construction uh do a uh you know transex through that area to find out what's there. Um, and if there is fill um that will fill will be removed and restored to its natural state. That's our proposal. Um,
another thing I want to bring up as well is as part of the crossing that we have here, we're proposing two 12-in um, NDS uh, um, 12-in pipes uh, culverts. And uh, right now I'm showing them approximately 2 to 3 ft apart. We're
going to we're going to request um, and a condition if this were to be approved um, that those pipes be moved closer. just seeing the site a little bit more in detail um and seeing what's there. I feel as though that those pipes being pretty much right up against each other,
maybe, you know, a few inches apart to allow some fill in between them for compaction um would allow for a better, you know, um uh sighting of those of those coverts there for flow. Yes, absolutely. >> Yeah. >> So, the wet one itself is wider, but
then like the flow >> the actual >> Yeah. Yeah. It's definitely more or less. >> Yeah. So, that was a little that was a little bit more narrow. So, it looks like that would make a lot more sense to just keep a little tighter. It would it wouldn't restrict anything cuz we don't want to restrict any flow. The whole
purpose of this is to allow it to go. >> That was my concern that day for me. Yeah. >> Just so everyone knows, today uh Julie and I did talk to Niles. We had a conversation with them. Uh her and I did go over the plan. I'm the one that noticed that they the pipes are a little far apart considering that's a real
narrow >> I was Yep. and I think that would have been too far apart. So, he's willing to adjust that. Um, I know that on the site, Eric, you had a concern with what we saw. We actually discussed that. That's why they're willing to take and start opening that up and seeing what's
going on. Um, Julia or myself or anyone else on this board can be there when they start doing the uh the opening. They'll let us know when they're doing it. They have to give us the five days on the silk fence or uh any kind of um filtration, but also
they're willing to let us be there when they start opening it up to see what's really there. Nobody knows what's there until you actually go inside of it, right? Um but does anyone on the board have anything? >> Yeah, there was only one question. What
was the actual square footage of the disturbance in that area there >> of the the crossing? Yeah. >> Okay. Um >> I was just >> Well, of course it's spelled out a little bit. Sorry. >> 700 and something.
>> Uh 745 square ft. >> And we're proposing 1490. >> Nice. Yeah. Very good. Awesome. That's great. >> That was another issue. >> Yeah, that helps blow it up a little bit. Make it clear.
>> Anyone from the public have anything? Chris Ciano uh live on Moses's Lane. Not here for against the project, just here to see what's going on in the neighborhood. Can I just take a look at the plan? >> Appreciate it. >> And this is the lot closest to Middle
Road, if you will, or >> uh Yes. >> Okay. So, there's actually frontage on Middle Road as well. >> Uh, no, >> no, >> no, >> no. There's no frontage on Middle Road. >> No, this is the area that's like it is it's part of the grass that was of that old property. Uh, there is grass.
There's actually was I think a guy. >> So, there there's some there's like a trailer some park there now. Is that >> Yeah, it's just it's actually just to the right of that if you're staring at the right of the trailer. >> Correct. >> The trailer is not on this property, guys. Nope. The property line is right on the edge of the trailer. That would
have been right over here, I believe. >> Okay. Yep. Yep. There's two pine trees in the front then if you will. Yep. >> The way this is. >> Yes, sir. >> And you can see actually the stakes has property line on it. >> And if you look I mean when you go by you can see the next stake. >> Okay. >> It has the stakes are still there for
the center of the driveway as well. >> That is correct. Sorry. And the replication area. >> So the house is actually set back >> way back way up on the it's way up on the hill. Uh I say way up. It's it's up on the hill in the back. Um, >> that was that was my biggest concern cuz the front
>> gets it's like extremely wet as well. Very wet. Um, >> that septic system is going to be right in their back that other guy's backyard on middle road. >> Yeah. Yeah. >> And so is the corner of the house. >> Yep. Okay. >> I never knew the property went that far back.
>> My mother-in-law owned it for 10 years. Never walked it. Okay. Appreciate it. Thank you. Anyone else have anything? >> I have a question. So, when you say that this >> Can you come up to the podium, please, and say your name? >> My name is Susette Vermillia. Um, we
have the house that's on the corner of Morris's land and Middle Road. >> So, when you're saying the septic system and the house, it's going to be closer to the house on Middle Road. Our house, >> the backyard, backyard. Yes. So this is the septic system in here.
>> So this is this would be middle road down here. So her my mother's propert that's right there. >> Yeah. >> Yeah. So there's the septic right there. >> Okay. As long as >> you don't say nothing. You don't have to give me your name. >> So all right. So her house is here, but that's going to be right behind her house. >> But I I don't know where her house is in
relation to this. >> So here's Moses Lane. So if you look at the locust here, uh here's Middle Road. You know, here's our property here. Yep. That's her property there. >> Where is it facing middle road? Is her house? Okay.
>> Yeah. So, um I would somewhere in here. >> Um so, this house is going to be somewhere in that range. >> So, there's there's not going to be concern of water cuz she when is it heavy rain, she gets water in her cellar. >> So, what we're doing um and it's it's a great question. Um everything that we're
doing, so this is all higher here. >> Um and this kind of goes up. What we're doing is we're because this is getting built up here, we're swailing this water around um and getting it out and going it keeping it going the way it typically goes. >> And because we can't allow any more
water onto our property, or her property. So that's the idea is that then what's already going there. So we have a swale here. If you see these lines that kind of go like that, that's a swale. >> Uh and that's to direct the water away from the property. >> Okay. The other thing is all the vegetation, the trees and things will be
taken down. So there'll be no trees between her property and what's on her property will still be the trees, but what's Okay, >> that's correct. >> Um Niles, just a quick question. Would you mind if she went and saw the stakes of the house on that property? >> Not at all. >> So that house is staked out where the
house is going. >> Okay. >> If you want to go on it, you got permission from the engineer. Um you might want to take just take a look at it and then it'll give you sometimes seeing it in real life is better than any drawing. >> Exactly. >> So, but the the driveway is staked out. The center of the driveway is staked
out. The house is staked out. Um, so it'll kind of give you a little better idea. >> And the limit of work, the full limit of work. >> And the limit of work is out there, too. >> The only thing that wasn't staked out is the septic system just cuz it would have gone too cluttered. >> Um, just for I tried to make it as it's easy to see where the septic's going to
go cuz because you can see where they dug. You're going to see a disturbed area. Um, that's right where when the previous engineer was out there, they dug the hole for the prep test. Okay. >> So, you'll see that's basically right where it's going, right behind the house. Mhm. >> Just bring some rubber boots. It is wet out there. >> As long as she goes through her
mother's, >> you'll be fine. She's already on high ground. >> Yeah. >> Right. >> So, you'll be fine walking in that way. >> And we can do that at any point. >> Um I don't have an issue with it. As long as he don't I don't own the property. >> Okay. All right. Okay. >> Thank you. Thank you.
>> Okay. Does anyone else have anything? >> N I got one other question. Yes, sir. >> The 200 foot zone that the deep bricks that you were talking about, can you just elaborate on that a little bit? I don't know anything about that. I know you said >> it's this line right here. It's that line right there. So the red is the 100
from Deep Brook and this is the 200. >> So it touches the property, but you're not doing anything. >> So we are doing a little We're not putting a septic in it. Um there's just a small amount of clearing here, >> but there's no structures, there's no nothing. Um we're limited uh we're
limited to um and we meet the requirement. We actually spell it out in our notice, but you're limited to either 10% of your total lot area um or 5,000 square ft. We have, I believe, 60 Oh, no, actually, excuse me, not total lot
area, the total river uh repairarian zone area on the lot. So, we're limited to 5,000 square ft of disturbance. We're under that. >> Um I believe we have >> What is that number, Julia? >> For the riverfront area. >> Yeah, the >> it says here 1,187.
Does that say um I know I have it here somewhere. I apologize. >> It's definitely on the um >> that's just for river so much on these plans. >> It's definitely in my notice. Uh do you mind if I >> Yeah, I just have this uh >> she she has notes, but if you want to
see the notice intent, she can pull it out. It's in the box. >> Oh, yeah. So, uh >> that's from the NLI >> the proposed alteration. Yeah. So, 1187 um square ft of disturbance. >> So, you can see that
>> of clearing. >> That's correct. This area from here to this here right there. >> Yeah. Yeah. We're allowed up to 5,000. They're not allowed, but we are >> allowed to request up to 5,000 ft. >> So, a significant >> and that's a percentage of property or
the 5,000 ft? >> No. So, it's 5,000 foot minimum or 10% of the riverfront area, whatever is greater. Um, so like let's let's say for instance there was 100,000 square feet of riverfront area on the property. You'd be allowed to do you would be able to request up to 10,000 ft of the
service. >> Gotcha. Yeah. Gotcha. Thank you. >> You're welcome. >> Thank you. You're welcome. Anyone else? >> Okay. With that being said, um I know that um if we do approve this,
I know we have some special order of conditions that we're going to give along with the standard. You have to meet all standard conditions. I am going to read off the special conditions. Then I will put it to a vote. Um 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. Emergency spill kit shall be readily available while working in in this
progress. Emergency phone numbers in numbers including environmental clean contact shall be available on site. A certificate of compliance request is required no later than 18 months after the issue of an oxy permit. If the applicant fails to comply or contact the
agent, a $20050 fine for non-compliance will be issued. The only one other um special order conditions that >> one second, how much of that property, how much of the work's going to be done for the concrete work in the buffer
zone? Where is he supposed to where's he supposed to wash out? Almost that whole plan's in the buffer zone. >> They can wash out in the um in a truck. They can wash out wherever they can. >> Yeah. If you can't wash out in the muff, you can't wash out. In other words, >> he's going to have to leave the property
and wash out on the road. >> If >> No, you can wash out on the property as long as you don't leave it on the ground. >> You get what I'm getting at? >> No, I know. I know what you're saying. Yeah, absolutely. So, you do have the 100 foot. This is the 100 foot buffer here. >> So, there is this area here. Like, let's say they're doing a foundation, they
could wash out here. >> I'm going to be up there >> cuz you're not going to build the septic until after. You know what I mean? They're going to build a septic system afterwards. >> All right. So, yeah. So, this is the 100 from this way. That's correct. >> It is in the the deep brook here, too. >> This is the 200 foot right here. Deep Brook's over here. >> All right. So, they're going to have to wash out here.
>> Yeah, that's in that area. >> And everybody aware is the only spot on that map where they're going to be able to wash out on site. >> So, the only other thing they can do is wash out into a vehicle, which I've done on sites before. So, >> I'm just making it aware on here. So, if anybody you'll have to let the
contractor know. >> Yeah. And if it's it's spelled out in your >> See how small that is? >> Yeah. You got one little area. Yes, spelled yes it's spelled out in your order of conditions as well. Correct. So what I usually typically do is go with the contractor and the applicant through the order of conditions and I say do you
have any cons, you know, questions and we kind of go especially the special conditions obviously uh those I'll really make sure that they're aware of. >> So the only other one condition that uh other special condition that I want to put on this is that also we discussed about having someone on site when you
start opening that one area. Yes, sir. Um, I will have uh Joanne add it to the order of conditions just because uh we do have a little bit of a concern with the water that was coming out of there and I think that we should really make sure we get a hand on that before we just go blow anything up.
>> I did and and we're in agreement to that. Uh I spoke with Steve Schmile about it already, the wetland scientist and uh he's aware of it. He he did recollect the the debris like I said um and he will absolutely be on site and then as far and then at that time the
determination can be made between the commission Steve and the you know whoever's doing digging the hole or the trenches to determine exactly where the extent is and go from there. What if uh would you would anybody be against uh
changing the wash out and stuff just for this? Um and say no wash out within the 50 foot instead of the 100. Just put in let them get just so they have a little bit more room in there. >> How much? >> Cuz you know how truck drivers are. They're just like, "Hey, that's close
enough." You know what I mean? And I don't want it coming back to the be an issue. So, why don't we just change it to like Well, if we did change it to >> 75, >> that gives them another 25 ft area. You don't need a lot of area to wash out a truck. They do a 4x4, 5x5 area.
>> Yeah. Well, when you got one truck, two trucks, people >> That's going to be all pumped. >> Yeah, that's going to be all pumped. >> Yeah. No, I can see that as well. >> That ain't going to be trucks backing in. >> I'd be I appreciate the, you know, the offering. I think I would be amendable to the 75 would be great.
a little bit of flexibility. Let me get >> that makes it easier for us too. >> You can sit from the road and see where it is. You don't have to be right. >> Like I said, I don't think there's going to be a lot of trucks back there. Um >> I mean, uh let's split it. We'll go with the 75.
>> All right. >> Appreciate that. >> Yep. And to give you a little bit more area. >> Thank you. >> And um >> 75. >> And uh this way here, then everything else will stick with it. Um, this one here, I'll make sure Julian, we just got to put this a little note on this one here that we're going to give them.
>> Come and we can Julia wants to work it up and give it to me or >> Yep. We'll write it all up, we'll get it to you so we can write it. With that being said, I'd like to entertain a motion that the um order of conditions with the special conditions are approved. >> So moved.
>> Second. >> All those in favor? I >> I can Yeah. Can we put a contingent in there that the on our hand end to make sure we got this done? >> No, we have to when Julian puts it on the order of conditions, we'll make sure
that it's written right the way we want it. >> So, it'll be on the order of conditions. It don't have to be a contingency. It's going to be on the order of conditions. >> All right. So, you're going to personally watch make sure it's done. >> Julie and I are going to get together. She's already making the notes. Uh her and I will definitely make sure that
exactly what we said tonight will be on the order conditions. Thank you. >> No problem. >> Thank you very much. >> There you go. Now >> have a great night. >> You too. >> Okay. 30 Thomas Hill Road draining issue. Review of matters presented.
Votes may be taken. >> Do we have anyone here from 30 Hill Road? >> So Thomas Road, that's the one there with the So Julia and I had a little conversation about this one today. Um
what we're recommending is uh Julia will reach out to him um saying that we should have the property lines there so we know exactly where everything is. Um for someone to say that it's around here really gives a big window. I think a property line so we can actually see
what's being done there. Um and then we can go forward. What we'll do is we'll have Julia reach out to Frank kind of let him know what was discussed tonight. Um, is if everyone's okay with that, I'll put it >> and some other concerns too. Julia, uh,
when we were on the site visit, I asked you to look into a couple things. Did you look into those? >> You asked me to look into where the retention pond was, and I couldn't find that on the plans. Um, they had very like limited plans in in the file that I found, so I couldn't find that. And then
it does look like they do have a COC. >> They have a COC. >> Yes. Did do they have um then they must have the asbuilt too, right? >> Um I didn't find the asbuilt, but that's personally it's because I don't know what an asbuilt is if I'm being honest.
>> It's the last set of plans saying that this is this is what it was. >> Yeah, that will tell us what's a little bit more of what's going on with that wall. And so what we'll do is >> if it's in relevance, it will give us a benchmark of where we I could go out and go to the benchmark and measure off the
benchmark and see if it's >> in the right spot. >> I I've been really busy this week, Eric. But what I'll do is I'll take and I'll sit down with Julia. I'll go in the file with her, see if we can find an NS built plan. Um we are going to contact Frank anyways about the property line. So um I know that he it's going to take him a
little bit to get the property line up. I'd like to see the property line before someone just says it's around here to see what's going on. With that being said, I'll help her dig out, see if there's an asbuilt. If we find it, we'll contact you, come over and take a look at it, too. >> Yeah, cuz Oh, just other things, too. We
got to make sure with it being a problem with being the yard being moist. We also, it would be in the better interest of us to make sure that not only is the property line marked out, but it would probably be in our better interest to
make sure that the elevations are correct. So, if it's not correct to the asbuilt, it could be piling up against the wall because of wrong construction on either end. >> Well, what I'll do is, like I said, I'll get in the file with Julia, um, see if there is an ASB bill. If there isn't, we'll have to call the owner and
>> we won't be a we won't be able to without the right proper equipment. We can't test the elevation. So, an engineer company that is going to have to stake out the property line would also have to maybe it would be a idea to
request that he also has the elevations with the right elevations. >> So, here's the thing. you're going to send a whole survey crew in to do a topo on that area. It's probably going to cost the guy a few grand. Um, I'd rather see where the my own personal opinion, I'd rather see where the property lines
are first and then see who would own the elevations. But we'll look at the aselt. It might be >> I'm not I'm not trying to neighbor in the best interest of him. If he wants us to help figure out his water problem, >> then we have the right tools in front.
>> I'm going to tell you the truth, Eric. I'm kind of upset that he's not here this evening neither. He should be here. We're considering decision. >> A pass judgment on >> I'm not making a pass judgment. I'm just saying that I wish he was here. >> Passing judgement. >> I just wish he was here so this way here we could discuss it with him.
>> So with that being said, we'll reach out to Frank. I will get in the office with you, see if there's an asbill. Um if there is, then I can kind of show you what it's it's just a regular blueprint, but it's the very last one. >> Okay. >> All right. Well, yeah, it's going to have someone that signed off saying it was done, right?
>> Correct. That'll have an engineer stamp on it. >> Okay. Next, 7 till way possible violation. Review matters presented. Votes may be taken. Um, with this one here, um, just to let everyone know, there has been an RDA already filed. Um,
Paul Mitchell is here. Paul, I don't know if you want to get up on the podium. Um, I did talk to his engineer. Um, they are sending the survey crews out. They're doing everything they can. They're going to let us know what's going on with within the RDA. Um, the
other thing Paul is too is um I know that um Dave and I were talking the trees that are in the wetland area, we're going to leave those to habitat. So, when you don't have to pull those out, the only thing I want to see is what Dave and you guys are proposing on
what to do. That'll come on the 28th. I'll put it to a vote. Um, that'll be coming on the 28th. Dave will be here with an RDA. Um, I think we'll be able to just nip it all in the butt on the 28th. >> What? >> Yeah. Go ahead. Yeah. No, speak.
You can talk. >> Well, I know what he wants me to do, >> you know, but um I thought I had an idea already. I mean, I'm paying again and then I'm paying him again. you have an IDA for a separate issue that was not part of this issue. Um, you went and
took and uh added more fill back along the rocks. Uh, you're doing more into the along the within the wetlands than what the original RDA was for. Um, so this is a totally separate issue than what the last RDA was for.
>> How did Dave get involved in this? So, with uh going forward, I did call Dave and I said, "Dave," I said, "You know, here's your client. Um, I'd like your opinion to go look at it. Tell me what you're thinking." Um, with that being said, Dave came back to me. He
says, "I'd like to talk to Paul." And he came down one morning and we looked. >> Yep. And he says that uh between um him and you, you come up with something. And then Dave called me. He says, "Hey, listen. Um, with that with what's been done there, uh, I don't think it's huge, but I think an RDA should be filed for
him to keep the building, even though it's a temporary, keep the building where it is without moving it. Um, to remove some of the fill. Dave kind of gave me a lowown or what >> they're going to bring something back from the the the resource. >> Yep. >> The wash out or whatever that is. A
drain. But this is a drain, you know. >> Yep. And then what he does want to do, he does want to take in um put your um that river and all uh wetland associated with that on a print. So now everyone knows where everything is. And
>> Matt was down there the other morning. >> But all right. Well, I just this concerns me how this is coming out of my pocket, you know. >> Paul, you came >> we could have we could have solved this. >> Uh okay, you're right. Um my own personal opinion, we were on that
property once before we had a little bit of a situation. We took care of it. Um then you knowing with what was there, I felt you should have came to the to the conservation commission and said, "Hey, look, this is what I'm planning on doing into the resource area." And I think we
could have either gone to the site visit before you done anything and said, "Yes, you can bring in Phil. No, you can't bring in Phil." I mean, let's face it, you buried the waddles. You brought in so much fuel. You buried the waddles that was requested to >> We got rid of like 300 y of fill. >> I know you did.
>> You know, I mean that thing was over my head all the way all the way in the back. We got rid of that. We put in some fresh clean fill and then, you know, we put the rocks along the property line and we put some clean fill went into the walls. What else? >> All right. I got I got I got I got to
start on this one. First off, did you just say that you personally called an engineer and had him go and do work for Paul Mitchell without Paul Mitchell's consent, nor did you yet bring it in
front of this board and the vote for all of us goes towards that decision. That's not a one-man decision. And that can be looked at as a serious monopoly. Are we running a monopoly here? Are you working with Dave Deing work?
>> Dave Deing was the original. >> Why are we asking private contractors and not a private contractor? >> What is he? >> Eric. >> He's a private contract. >> Settle down. Can you please settle down? >> You cannot call a private contractor and send him on the 28th day to that
gentleman's house. >> Okay. Eric, I want to say one thing. >> Eric Dave Deven was the original RDA. So since he didn't come up with a decision on the matter of what we were going to do with this project at all yet. This is
the first time it was coming in front of us for discussion. There was no talk about what we were going to do if we were going to pursue anything. None of that discussion had come in front of us as a board yet. >> No, it didn't.
>> No. So where does it the right come with not all of us voting upon this moving forward? Why is it moving forward first without a vote? And then two, where is the right to reach out to a PRIVATE
CONTRACTOR AND TELL HIM TO START WRITING OUT AN RDA FOR MR. >> He is his client. >> BUT THAT'S NOT THAT'S CORRECT. IT'S HIS CLIENT. He calls his client. Take a deep breath. No, cuz I'm not a PART OF A MONOPOLY. It is not a monopoly. He is
that he is the original of the RDA. Yes, I have the right to call an engineer. Yes, I do. >> You cannot call >> identify yourself for the record, please. So, we have >> My name is Paul Mitchell. Thank you. >> You cannot call for a That's like
somebody having a deck, right? That the stairs to the deck. >> I want to ask you a question. Did you reach out to Dave about this prior to me talking to Dave >> on this last one? >> Yep. No, he called me. >> Yep. >> Okay. Because you called him. Yep. And
what was said that it should be handled in a gentleman way, not enforcement order, not nothing. He wanted to look at it and I said we did >> contact Paul. >> I was just here cuz I didn't know I was going to be up here. >> Yep. And the only thing I'm saying is he
is your engineer. He is the one that did the last RDA. Am I correct? Okay. So if he could have put it in within the last RDA, he would have right as a chairman, I do not have the right maybe to tell you who you have to hire. You didn't
have to hire him at all. You chose to go with Dave because he came up with a good thing. Am I correct by saying that? >> Well, he came up with something that Well, we'll be here at 28. >> Do you have an issue with what went on here?
>> Well, the only issue I have is that uh it's money. Yeah, it's money put on the ID other ID on the other stuff, >> right? I already spent money on the other thing. Now we're doing this again, right? You got a temporary building and telling me
>> that's just a temporary building. It's like a shed. >> And the biggest concern was Paul is you filled over the old waddles when we went out on this thing. All the water still going the same way right in the stream. >> Uh Julia, am I correct by saying that the waddles were back filled over the
waddles? Um, yeah, I saw the fill over the waddles and I just want to say before this gets out of hand. I think it is cut and dry symbol and RDA is for small low impact projects in the buffer zone, which that's what this is. So, I think it the RDA is the correct way to
go about it. And yeah, that's all I have to say. >> What Whatever happened to the other RDA? >> All right, I'll see you 28. All right, with that being said, guys, we're going to see this on >> Well, it didn't What goes on with the other RDA? I believe the other RDA is closed out. >> It was.
>> And you can't add on to something that's closed out. >> And that's why Dave need RDA. >> That's why that project was completed. >> It's not closed out. >> It's not closed out. >> Get three years out. >> Right. But what I'm saying is is that RDA project has been completed. When did
it get closed? >> It didn't get closed. It just So, it's open. >> All right. Eric, what do you mean? All right. It's just I'm not The only reason I'm getting upset is because we're supposed to be obtaining an oath and doing it on the way the law is written
to be done. Okay. The in front the vote that never came in front of us as a board to make a decision to even move forward with another RDA. In fact, there is more questions that need to be answered about moving forward
on another RDA. Okay, you're go we're going out and contacting private people saying that you should go contact your customer and get another RDA written up when we haven't even gone through it or voted on making Mr. Paul Mitchell go on
with another RDA on top of the one that's not even closed in the same area and it's the same exact area and his first RDA never even had any elevations. So, how is he supposed to know where his elevations were? He didn't. He doesn't
know. So, go brings it brings us past pawn. We're trying to put on another RDA on top of an RDA, which I don't believe you can do. If right, there's the problem enough. We need to discuss it before we move forward. Julia, was that RDA specific?
The very first one was specific of what it was done. >> Yes. Okay. I have um >> Did it on that RDA? Did it say that he was allowed to put in a temporary building? He was supposed to fill over the waddles. He was supposed to cut along trees along the trench. Was that on that RDA?
>> So, there was no shed on the original RDA. Um we saw brush piles in the wetlands. That was also not shown on the original RDA. And there was no tree cutting shown on the original RDA. All and all of that was done prior when the old RDA when we did the site visit and
walked out >> all that cutting was done other than two trees that were remaining there and he cut >> two >> and all the fill that that he created >> that which was on which that RDA building >> what that building is a temporary
structure did you have the time hold on did you have the time to go through that section that I had here everybody can take a piece that they want a temp a shed is a temporary structure. It's in the book
310 CMI. As long as it's not like those blocks ain't bolted, it's just you can pick those up with a machine. He owns machinery. It's a temporary dwelling. Okay? I mean, a temporary structure. And then it also says in here that you can clear and
you can clear fill and make accessibility to these structures inside the buffer zone of a 310 CMR. So I want to know what law are we going after right now. >> So Paul Mitchell walked out. I feel that
this would just be closed. >> What law what law are we going? But we can't we have to figure out the RDA on >> Paul Mitchell walked out. >> The owner of this property walked out. >> Discussion. >> There's no RDA. There was we can't put an RDA. We have to have Do we want to
move forward with it? We're going to see it on January 28th. >> What we're going to do? >> Yeah, >> that's what we're going to do. The his engineer will be here. Um I think that the very first RDA was very easy, very handshaking. if he would have came
forward to us before he added more and did more, I don't think we'd be having this conversation today. So, with that being said, I think this has been enough discussed and we'll move it on till the January 28th meeting. Next being said is 35 Haway Road.
Possible violation view of matters presented. Votes may be taken. >> The 20th >> the 28th meeting. Um, Julia did a lot of homework on this one. >> Yes, I did. >> Um, so Julia, I'd like to hear from you on
this one. >> Okay. Sorry, just writing this. Um, okay. So, this was a uh 35 Hathway Road. Uh, we when we did a site visit at 49 Hathway Road, we noticed a trench dug
in the wetlands. Um, and so we wanted to set up a site visit for 35 Hathaway and uh see what that was all about. So we went there on Saturday and it appeared that there was a trench machine dug in the wetlands that were in the wetlands
and kind of along the property line of that property. Um, and it was pretty wide, went uphill at some points, downhill at some points. And so I uh contacted our circuit writer from the D to kind of get his opinion on this cuz
uh there was a lot about this one that I didn't know. Um and so according to um 310 CMR 10.01, whenever you do an alteration in the boarded uh board of vegetating wetland, which is what he has
there, you need to file an NOI. Um, and as so as long as there's no uh cuz he had an NOI, but if there was a long-term storm water plan, then it could be a a potential different thing. But I checked his file, he has no long-term storm water plan, which usually on single
family homes, you don't. Um, so our circuit writer let me know that there could be two options. either he can file an after the-act NOI and he would have to do a replication area for what was dug or the commission can choose to do an enforcement order which would also
require a replication area. So that were the two things that I found um off the bat by talking. >> Did you have the time to look into the MS4 law? >> Yes. So I did look into some of the MS4
law and it's uh it was like you know all the conditions for um the correct way to go about it. So even if you go about it the correct way uh I found that CMR 10.05 section 6Q
uh compliance with storm water management standards set forth in CMR 10.05 1056 K through Q, which says all the correct ways to do it, uh does not relieve the discharger of the obligation to comply with all federal, state, local laws, regulations, and permits. So, even
if he did do it the correct way, he would still have had to go through and do all the correct uh permits first for it to be allowed is what I found. So, you didn't find nothing in there that says that you have the right to clean out the storm water?
>> I did not. And when I talked to the circuit rider, he did not seem to think that that was uh a thing either >> with not without complying or not without having a long-term storm water plan. If he had that, then yes. But he doesn't have a long-term storm water plan.
>> Yeah. So, the other thing, um, Julia and I did do a real quick check is, um, the delineation line. His grass is the delineation line. It looked really good. That's the only thing. Um, when we were
out there Saturday, Julia and I went back into the office on Saturday just to look at the print. Um, kind of shows what everything was. There was one little spot. We were kind of like a little concerned. Uh the uh there is one spot he might have taken a couple feet but nothing major. So the grass is a
very good delineation line. Um and now we just have to figure out what to do next. Um I Julia is going to have to I guess give him the options of what she read off. Um because right now there is
no one here representing him. So I can't say well let's vote for either one or the other. Um, I think we should talk to him and let him know where he stands. Um, this is definitely a true violation. Um, just bringing the machine in the
wetlands alone is a true violation. >> Um, but I can't say what he's going to do or what he might think. So, I think Julia should reach out to him, have a conversation. Uh, bring him even if he has to come into the office where Julia can show him the rules, the laws. >> Um, I know that he said his cellar
flooded a few times. um you know it's like uh whether it did or it didn't I I don't feel the elevation prove that it did flood. So with that being said I just say that we let Julia talk to him and see what route he wants to take.
>> Okay. All right. Moving forward >> agenda for followup or you want to leave it openended or date or anything? Um, I don't know if we should put it to a date until Julia talks to him. And, you know, I mean, um, I I don't know. I I
suggested I made a suggestion to him Saturday that someone be here today. Um, either if it was his wife, just to kind of see what was going on. Um, I mean, I guess I can entertain a motion that we bring this back up on January 28th.
>> Do I have a second? >> Second. >> All those in favor? All right. >> Hopefully he can review the video as well. >> Yeah, possibly. >> And Julion that talk to him, give him everything I said. >> Sure. That way he can
>> and if he wants, you can even uh send him all your information >> this meeting. >> Oh, >> you can send him the information that you your homework you did. >> Yeah. >> And uh go from there. >> I think I we have time to do more homework, too.
So with that being said, uh, MACC annual conference, Holy Cross College, review of matters presented. Votes may be taken. All right, Joanne, fill us in. >> Oh, the annual conference is held every year at the Holy Cross College in
Worcester. Many of us have gone before. So, um, the, uh, schedule is all out. If you want to look at the um classes you might be interested in taking, let me know because I have to uh a deadline to get to um the woman who prepares the
invoices for the town. Let us let me know what classes you want to take so I can get everything paid. >> Do you know what the deadline is, Joan? Just date. >> I I don't recall. Oh, you mean the deadline to let her in to get national.
But you guys, you should be receiving the MACC email. So, you should have everything. >> No, I haven't yet. >> You can look at it and pick what you know classes you want. >> You were saying the 28th though. >> 28th of February. Yeah. It's like um I
think it's like 9 to4 or something like that. And we have money uh usually that doesn't come out of the taxpayers money. It comes out of the WPA fund. >> Yep. >> We haven't had any issues with that in the past. So should I'll let I'll let
the um accounting office know whatever what needs to be done just so they can have a heads up. >> So with that being said, guys, I really think you should uh try to like move on this right away. Kind of let Joanne know what looking to do, what classes you're
willing to take. This way here we can um >> I won't be going this year. >> I don't know. get this figured out. >> The class is up already. >> Was that? >> Yep. Everything's out. They just released it like a couple days ago. So, yeah, check on if you want to do the
fundamentals or there's some kind of interesting classes this year on some stuff. >> Yeah. >> And the other thing being said, guy with the conservation commission is um the last selectment meeting that was at the council of aging. I don't know who saw it, but the conservation commission was
brought up um just so everyone knows. Um, >> what meeting was it? >> Excuse me. >> What meeting? >> Uh, it was the border selectment meeting at the con at the council of aging. Eric, >> it was like late December. >> Yeah, late was like around Christmas,
was it? >> Yeah, might have been December 16th. I think it was the same day I had that meeting. Oh, it might have been the 16th, Eric. >> I think it was. >> So, uh, kind of just a quick little rundown. You guys can look it up yourself, watch the video I did. Um, so
they're going to take and the way it looks since it got changed to a five member board. Uh, there was uh talk about having us all resubmit new interest letters. Then there was some talk about them coming forward to us asking us who's still interested in
staying. Um, I'm really not sure what avenue they're taking yet, but they should be getting all of us soon. I will reach out to the selectman and see what kind of they're looking to do. >> It's still a seven member board. We can still have seven members if we have seven. No, it's a five member board town meeting.
>> It is changed. It's a five member board. >> Got they changed it in the charter at the at the town meeting. >> It'll never be a seven member board again. It's a five member board. >> Five member board. >> That's correct. >> Um so with that being said, um
>> the fall just think about um maybe writing new interest letters if you guys interested just in case they go with that path. I'm not sure, like I said, what they're going to do, but I know that they are going to reach out to us. >> So, and we'll figure it out. >> I know that um I'm due up this year. I
don't know what month, but I know I'm due up this year. And um just go from there. You know, hopefully we find out before uh sooner than later. Other business, any other business that may properly come before the commission
not reasonably anticipated when posting 48 hours prior to the meeting. Future meeting. The next meeting of the conservation commission will be on January 28, 2026. Meeting will be held at the town hall meeting room located at 122 Main Street at Kushion at Mass.
That might that might be subject to change because I know ah that's told us yet but I'm waiting to hear. >> So everyone knows that this time of year we usually end up moving over to the police department like usually >> yeah I was wondering I actually you're right
have to be determined. So, um, >> anybody else? >> I believe the 28th though, we're still locked in for here. Join >> ads have been run so or they're going to be. So, if they if somebody maybe I should call down there tomorrow >> because we already had a few people run
ads and to be here. So, I'm hoping that the 28th is still here just because ads have been run. But, um, in the future it is going to be changing soon. We all know that to the police department. >> Reach out tomorrow or tomorrow. Somebody remind me. >> Um, I'll give you a call tomorrow.
>> I'll put a note here cuz everybody's changing around and if the somebody from the finance committee probably has to tell her and then she would have to tell us. So, there's probably like a little backlog there.
>> So, with that being said, I'd like to enter a motion that we adjourn the meeting. All those in favor? Heat. Heat.