This public meeting is now called to order at 603. This meeting is being held as required by the provisions of chapter 131, section 40 of the general laws of the Commonwealth,
an act relative to the protection of the wetlands as most recently amended. Notice of the time and place of this meeting was posted in the town clerk's office. Persons wishing to be heard will be called in the following order. Minutes for approval.
April 8th, 2026. Review of matters presented. Votes may be taken. Has anyone I don't know. I did not have the opportunity to review the minutes. Okay. So, yeah, I I'm sorry. I'm in the same boat. >> Okay. So, let's do this.
>> Yeah, I'm going to let's put this >> Yeah, I'll continue this >> the minutes of April 8th. I'll >> entertain a motion to uh continue that until we >> motion to continue. >> What is the date of our next meeting? Um
>> it is June 10th. >> So we'll uh continue that to June. So motion to continue for our next uh upcoming meeting for the minutes of approval. >> Second. >> All those in favor? I
>> uh meeting mail is none had. Okay. We go to old business. Continued certificate of compliance. Matthew Batello TNM Investment LLC 225 Matapoit
Road SE 001-500599. A certificate of compliance was filed by Alons Koka KBM Design Group for property located at 225 Matapo Road map 10 lot 14.14A.
The applicant constructed a single family dwelling with a septic system, roof area infiltration system, well associated grading, and a small portion of the driveway of the driveway within the 100 ft buffer zone to a bordering
vegetated wetland. Site as built dated January 3, 2026 and as built foundation plan dated May 20th, 2025 on file. Review of matters presented. Votes may be taken. Site
visit conducted on May 22 of 2026. I guess this was something that Jim I'm not privy of what the >> Yeah, Jim went by and took a look at it. Um he said it looked all good. I didn't have the opportunity to go by with him
because he uh he did it by himself, but he said it was all good, I'm pretty sure. >> Right. That that was also my understanding. I was it was good to go. >> Yeah. >> So, >> okay. Is that is that right? You're under that as well. All right. So, that
being said, I'll entertain a motion to um approve the uh COC for negative determination. >> Yes. >> Agenda. >> Yes. >> Oh, I'm just doing the uh
>> Sorry about that, folks. >> You all right? >> Yeah. >> So, motion to accept. >> So, we got a motion on termination >> on the floor. >> Yeah. I'll second >> for the COC. >> All those in favor?
>> I I >> All right. Sorry folks, I'm late. Um, yeah, I'm continued extension request for order of resource area delineation, TJA 540R Main Street, SC00001-0544.
A request for an extension to an existing order of resource area delineation was filed by the TJA 540 Main Street LLC for property located at 540 Main Street, map 11, lot 10. The applicate
the applicant has requested an extension for the proposed 3.116 MW Protovolic photovolic solar farm with associated infrastructure. The applicant is represented by Asa Smith of Atlantic Design Engineers Incorporated. Review of
Matters Representative Vote may be taken. Preview is LEC Environmental Consultants. Um, what do we got on that one, Joanne? >> Julie, >> I mean Julie, I'm sorry. >> Uh, so the peer review is currently in process and I sent over the signed peer
review proposal to LEC today. Um, we also received the check on that. So, that's in progress and going on. >> Beautiful. >> He's going to update me when he gets a date that he can actually go out there. >> Okay. >> Beautiful. So, what I'm going to do is I'm going to um enteritate a motion that
this has put on the next meeting and we'll bring it back up. >> Motion to June this for the next >> June 10th. Correct. Is that June 10th? >> I'll second that. >> All those in favor? I Okay.
Agent no one. Okay. Discussion 16 Hunter Street possible wetland violation violation. Review me as presented. Vote may be taken. Um so we went to uh we got a few complaints on 16 Hunter Street. Uh we ended up
getting a couple of the owners. We did go out there on Friday. I don't know >> May 22nd. >> May 22nd we went out there. Um there was one, two, three of us from the commission and the agent. So um now we got to kind of figure out what to do.
>> And I do think we have a few people from the audience who want to speak on this one as well. >> Okay. So if you could just give us some detail on this journey if you wouldn't mind. So, um I guess we got some um uh some complaints regarding about how this
gentleman is working around the wetlands um bringing in materials uh building different kind of things. So, we went and investigated um we did the site visit. We haven't done an investigation. We just did the site visit. Um walking through there is some possible
violations. Um and um there's a few things that are definitely going to have to be corrected. So, um, but what I'm going to do is, um, let you guys get any questions. I will open it up to the public. Um, let them come forward. We'll listen to them, get
this all behind us, and, uh, then we'll bring it back in front of us and figure out what So, I guess, Mr. Chairman, at at this point time, my first question is, uh, where do we stand? Is this a verbal cease desist? Is there is this something in writing a cease to?
>> So, we haven't given him anything. U, we did give him a verbal, I believe. verbal. >> We gave him verbal cease and desist. We haven't given him any paperwork. Um I know the gentleman is willing to work with us. Um >> so we just got to see how we're going to take it. Right. Um we did mention peer
review. He is interested to work with us to get a peer review there. Um it's there's um I think a little too much more than we can um regulate or what to do. >> Okay. >> So we are going to need peer review. >> Okay.
I think we should entertain the public's >> Y that's what I thought >> interest and then we can um make a decision on okay how we want to move forward. >> So >> uh yes when you go to the podium you do me a favor just state your name and speak loudly please
>> and also I have paperwork to give to you to look over. >> Exactly. >> Okay. The only problem is with paperwork it's hard to throw it towards the night of a meeting and have us all look at it. >> All right. Yeah. We'll do that then. I wasn't sure if he had letters or
whatever. So, you know what I mean. >> Okay. >> This one here is what the lamb look like. >> And >> Okay. So, you got to start out at the podium, sir. >> Okay. >> All right. You have to start at the p.
You can pass those up. Take them with you if you'd like. >> Yeah. >> And then we'll get them from you and pass them along the board. Okay. You can just identify yourself for the record >> first and then then we can review. >> I haven't done this yet. >> No. Fine.
>> My name is Charles Witch. I live at six bridge street. My son lives directly next door to me and my other son lives on the other side in the corner. Now with this here, it is a beautiful
area. This is a Kushnet River Valley because All these streams that come from the woods go into the Kusha River and there's turtles, salamanders, snakes, every animal you can think of
that live in this area. Now their home has been taken away from and also over 30 feet of my land was taken away from me. And I'm going to ask you a question,
sir. you about um 1,600? >> My son does. >> Okay. >> This land. >> Yep. >> So, you know, it is a beautiful area and we have minks running around back there. We have fish cats. We have deer, squirrels,
rabbits, all kinds of different snakes and everything else. It is a refuge for animals back there. That's what the wetlands in. And when it is say a rainy season, I'll go back there look look and
there's that much rain water into the trees. You can't even walk back there where the stream is. So it is strictly wetlands. And I have some photographs
and also layouts of exactly where the buffer zones and the wetland stop exactly. >> Was that a botnist that put that in? >> Uh what's that? >> Was it a botist that gave you that line? >> Where did you get the uh information?
>> This year was an official survey. And in fact, it's my grandson that did this line. There is GIS information that they obtained and we flew a drone. >> Yes. >> I didn't ask him to do it either.
>> No, no, no. I'm just trying to get all the, you know, the information. >> That's right. That's right. And as long as I've lived there, nobody ever touched the wetlands except maybe my son. He wanted to put up
a corral, but he had to put down the hay bales. so that he could fill in some of the not the wetlands but the buffer zone so we could have they could have horses over there for a little while
and have to jump through hoops to do it. But how can somebody just go in there and just wipe it out? I don't understand. Like me when I built this subdivision, it cost me a fortune. Me and my wife
were in debt. In those days, it was over $100,000. And it wasn't easy. And we just did it ourselves. No lawyers, nobody else, just ourselves. And everybody who moved in there, they
would come up to me and say, "Sell me some land. I want to build here. I want to live here." You know, and the neighborhood grew up very nice. The original owner of that house built it and it was going to live there,
but her parents died. So, what they're going to do with two houses, so they moved out. And this year, house has been turned over to three or four people already. The only one in the in the whole subdivision. And my sons wouldn't take that property
because they knew the wetlands was there. So they stayed away from it. I agreed. There's a lot of land there, but it's conservation land and it should not have been touched. It should not. And the
thing that really gets to me, you sent him a letter more or less to stop doing what he's doing. He just dumped two loads of dirt back there and spread them. Now, is that right? No. It's like a slap in the face to you
people that that's on this conservation board, let me tell you. >> So, we didn't get there until after we saw the gravel, just so you know. >> And you saw the drill heavy right up against the screen. Yep, we did. And I have to say we did. And you're right. Um
Julia did talk to him Monday and I guess he dumped it right after the Julia talked with him. So, I don't want you to think that anything that was done is being unrecognized. We know exactly what's going on. We have old photos. We have the new photos. We're more than willing to look at your photos. If you
want to stop, pass it to Heidi, tell us what the photo is, and we'll keep moving it down. You can collect them at the end after Julia. We'll look at your photos. And this here is before the land was touched. The next one is where you took it out and having the survey. Well, I got to get
back here, right? also having a survey done of it. He's got 30 feet of my land that he has taken or my son's land I should say and made it into a lawn. I would like to have those trees go back
there. I want it back the way it was. Maybe you can keep the shed where it is because it just gets into the buffalo zone and just the back end of this his shed is what it is. >> So the shed's been there a while. Um, >> no, it hasn't. It's been there a year.
>> That shed >> must have been a used shed. >> But see, on one of those photographs, it shows the shed a picture that it was in the woods, but it was on my property. So, we got moved out of there. >> Yeah, that's that's
>> your property, meaning your your son's property or or the other side? >> It's my son's property >> on Bridge Street. Bridge Street. Yes. >> So, just so you know, sir, just to give you a little bit at ease, um this photo right here, we've actually already
pulled this up. We've already started looking at these things. I don't want you to think that we're just up here waiting for everybody, right? Um as soon as we got the complaint, we started looking. We've gone over um a time lapse through the Google Earth map, through Mass Mapper, through all the maps we
have available. We have a timeline um just to I don't know who lives on what side of of 1600 but the one on the other side they do realize like that river is a 100 foot buff zone from it >> minimum stream no touch cuz it's a
stream right >> so um I don't want anyone to think that we haven't been investigating these pictures here I see what you got and but these are all stuff that we have pulled up I just want to let you know that you know we are trying to figure this out um
and to try to do the right thing >> because onethird of his driveway is on my property. >> So when you go It's your son's driveway, right? >> So when you go into his driveway on the right hand side, >> that's my property. >> Yeah,
>> that's my I should say my son's >> I I know what you're saying though. I know what you're saying. >> Yeah. Yeah. And so you your son wasn't the one who cleared it? >> Of course not. >> It's just I'm here tonight to speak on
this. He isn't a person that can really get out to talk to people. He's very quiet. He's laid down. >> Okay. >> My other son, he's here. And if you want to talk to my grandson, he's he's very very intelligent about this kind of
stuff. because he was a student and also he is a head engineer in the town. >> So, like I said, these photos here, you know, I'm glad you brought them in. We have pulled all these up. Um, we've been looking at everything. These here I
haven't seen. And it also shows that they're being dropped down there too, right? And that's completely against the wall. Well, building this subdivision, I learned a lot. >> Yeah, I would think you need to know all
theities that are involved. >> Yep. >> When you subdivide property, Okay, I just you know, last year. >> Um, excuse me, Mr. Cameron, could you please come up to the podium and state
your first and last name? Would you mind stepping aside a second? >> Okay. But I did approach him last year with the top of graphical map and show them what was wrong. >> Cameron, 1600 Street.
So, I'm looking at these pictures, Cameron, and Cam. I mean, I shouldn't call you Cam, I guess, but u Mr. Balo. >> Um, I got a picture right here where you went over that bridge with a a trailer, it looks like. Um, >> can I see the pictures?
>> Yes, you can. I'll be more than hand them to you. Yeah, I did. And I was told to stop. And I did. I rented this trailer. I was going to clean up all the brush on the ground. I was told to stop
>> by this gentleman. >> I did. I pulled the trailer out empty. >> Why is the on his property. I don't know how we my is on his property. I don't know about that.
>> So, I know that it it's kind of a little bit of a tough situation right here. Um I'm going to tell you right now, I'm all for residents, right? So, if someone does something they don't know and you know, like putting grass or whatever into the wetlands, we try to do whatever
we can to make the resident get less of a blow to the head with it. Truthfully, right? Um, I'm going to tell you, I was out there Friday. I asked you who cleared that side. You said you had no idea. That's exactly what you told me. All right. So, that don't go too far
with me. Um, if we're going to handle this, um, I'd like to handle everything with residents as a gentleman enforcement or what I call it. In other words, we try to keep it inhouse. We try to deal with the resident so they pay the least amount and we try to figure out how we can
correct what went wrong, right? Um, the only way we can do that is if everybody's 100% honest with me and this commission with no lies. So, right away I got a real real bad feeling about this. Um, and it's only me
speaking. I'm not speaking for the law commission, but I got a real bad feeling. I asked you as a gentleman what happened and you literally looked at me and said you had no idea, right? Well, I know that his son didn't clear it now. Um, and now we got to figure out how to
resolve this situation. So, there's a couple ways we can go at this. Um, you hire an engineer, you get it all flagged, you figure out what they want to do to resolve this. Um, it's probably going to file an NOI, it's
probably going to be very expensive. Um, the bridges, um, the bridges weren't there all the time. There was never two bridges there. Um, I know that from somebody else who went to a site visit. >> There was two bridges. There's three bridges there. >> Well, third bridge is still there.
>> Um, I have a bunch of issues with what's going on there as somebody in the thing. All the rocks in the uh river that you put out uh that you put in that flow thing you tried to build. Um, that's natural. That's an eco part of the eco
environment. That's the natural waterhed that that stream does a lot, right? So, I know that you went in there and you tried to make it so you could listen to the waterfalls and you did a lot of things, right? But we have to figure out now how to correct it. That's what we
got to do. I'm going to tell you right now, I feel this has to go to peer review because I don't know enough on how to handle this. I don't think anyone on this commission has knows exactly how to handle this one. Um there's not maybe potential violations, there's a lot of violations.
Um I don't even know if you triggered the storm water. Um that there you can't clear over 40,000 square feet without a storm water permit. >> What's that? >> Uh the gutter is deep. >> No, it's you've altered the flow of the
water on your property. Um, yeah, you did just by making it lawn, clearing the trees, everything else. That's why anything cleared over 40,000 square feet has to have a storm water permit to do an evaluation of where the water's going. Now, I don't know if you're above
it or below it. That's why I think it definitely has to go to peer review. Um, I think, um, review is going to let us know whether you can keep the bridges or not. Uh, I am not fond of bridges, especially when I see that you're putting stuff over them and it's wetlands right on the other side of
them. Um, I know that that trailer should have never gone on the other side. You know, personally, and you let me know that it gets wet on the other side of that. Um, I could tell by the leaves that there's dried up wet ones. There was frog eggs in it when I was there the other day. Um, this is not
good. So, now we got to figure out how to handle this and I'm going to treat you like a resident. I'm going to give you a gentleman enforcement. I'm going to try to do this so it doesn't hit your pocketbook, but we have to go by whatever they say. I'm not sure what's
going to be said. I have no idea. I'm not knowledgeable enough to say this is what everything you have to do. But I'm not going to sit here and say I'm going to make you enforce and do every single thing that's going to cost you unbelievable amounts of money. There's one peer review we can look into. Um
actually we're using him on another uh peerreview site. He's a botnist himself. Um he go there tell us what he thinks. If he says you have to bring an engineer in and do to do a complete survey of the property, you're going to have to. Um whatever he says is what we're going to
have to go by. Um if he says that you have to file with the DP on this one, you're going to have to file. I'm just letting you know we can't make these decisions. >> Too too much involved. >> Too much involved. >> Yeah. I could If I could, I I want to
just make it clear to to you that we treat everyone the same with this commission. I mean, we're not we're not trying to single you out, you know, do irrearable harm.
We're going to try to justify some of what's occurred and remediate it as easily as possible because there's definitely going to be remediation there. Your your property is encompassed by wetlands. I mean, I understand you
you're saying you didn't know. You didn't know. You didn't know. >> This is I >> This is three years later. >> It doesn't matter. It doesn't matter. The wetland coming up. >> Okay. The wetlands are you got to stay out of the wetlands
period. You you cannot go regardless that it's your property. You you can't go in and do irreparable harm inside the wetlands. That's that's the bottom line. And you know, I think I think you've been told, at least that's what it
sounds like in the past, that your property is encompassed by by When you bought your house, did you see the development uh blueprint? No. >> Did you see the blueprint at all of your property?
>> Um, not a blueprint. No, just a picture >> because the town viewers saw a blueprint of something that does show the wetland on that lot and it's a lot. Um, like I said, >> I asked the gentleman, where is the property line? He told me
just right of this pine tree that's there. >> No, I didn't. >> Yes, you did. >> I mean, listen, I really don't care where the property line is. >> That's whatever's on this side of the pine tree is. >> So whether it's yours or not, it's
wetland, right? The property line and and the wetland delineation are two different things, >> right? We don't care about the property line. we care about. >> You could have a 5 acre parcel of land, but only an acre and a half could be a usable part of that parcel because the
remainder of it is wetlands. And it's no touch. It no touch, no touch. And again, we're not trying to single you out. We we treat everyone the same way above the boards. I mean, that's, you know, going forward, that's how we have to maintain this commission. And
and again, we're going to try to get this rectified as easily as possible. I mean, I think that's the best we can do is have somebody go there, give us their evaluation of it, tell us what we should
enforce, and make that step. I can't sit here and say, "I want all the rocks out. I want the bridges out. I want this. I want that. I want that." It's not our position. Is that something that you'd be uh in agreement with for for status? I mean that what we're
>> what we're discussing right now as far as a botist >> uh delineating >> you know the property and you know giving us a feedback to proceed. I mean
because like Jim said it's it's a lot for us to uh you know not engineers, you know what I mean? We're >> we're not biased, right? >> We're we're just concerned with the EPA, which is the Wetland Protection Act.
That's our that's our mission. >> Well, you have one thing more than the Wetland Protection Act, just like you got an intermittent stream. >> Yeah, that's >> right. And that that like takes it over the edge a lot. Right. You told me that the the river dries up. I don't know if
it does. If it doesn't dries up, then it's perennial. So, I don't know whether it does. Um, we can find out this summer. I'm willing to go there. It's four. It's going to be four days dry in a row. That's consecutive >> consecutive days. That's what changes it from a intermittent to a perennial.
Right. >> Right. Um, if it's a perennial, it's 250 no touch. >> So, there there's a lot of things that like >> that's why we don't expect homeowners that buy a house. >> I think you can agree that it does dry up. >> Yeah. But what I'm saying is this is
where we understand that people don't buy a house and first thing they say is let me call the conservation commission make sure it's okay let me call this department make sure they don't do it >> right so we allow for them to say okay listen I didn't know I bought this this is what I did and that's why we try to
correct it inhouse we call it right gentleman orders uh a gentleman orders um this one here was it's hard to say that you didn't know there was wetlands it really is in like even when you're jumping all your grass, everything else,
it's right on the edge of the river. >> Putting the rocks in the river, right? It's like >> I'm just trying to protect my yard. >> Yeah, but I didn't. If you drive right down the street, there's a river that's got stone on both sides all the way
down. >> And who put it there? >> I had no idea. >> Me neither. Right. >> Yeah. >> Me neither. >> What? >> I don't know if it's been there for hundreds of years. I have no idea. Right. But all we're saying is that you can't do it to yours. >> So, I'm not telling you got to remove
the rocks. That's going to be part of the peer review. They're going to look at everything. Um, I think that's kind of like the best way to handle this is to get a peer review there and let them tell us the easiest way to do this, >> right? I don't know what else we can do.
Does anyone else? >> I agree with that. I think peer review is the best way to go about this. >> Yeah. So, what I'm going to do is entertain a motion. Anybody else? >> Oh, anyone else in the audience want to come up and speak, talk? >> So, what I'm going to do is I am going
to entertain a motion that we um have Julia contact peer review. Um uh we're going to take in what we'll do is we'll get him a a ballpark cost of what it's going to cost him to go out there. We'll give you a call, let you know. Um, we're
going to have to set up an account through the town where you pay Julia, give Julia a check, she'll put in an account through the town, the town pays the peer review directly. Um, if we're going to need more, we'll have to go back and go for more. Um, but we'll find
out what it is, right? That's all that's the best we can do. And, um, as far as the neighbors, I do want you guys to know that we're not just going to sit back here and let this happen, right? Um, and just to let you know, I did see the frog eggs. Um, right. And I pointed them out to him, so now he knows what
they look like. He didn't even know what frog eggs were. Um, and we're not just going to sit back. We're going to make sure everything gets handled correctly. And I I understand that, you know, you guys were nervous. A lot of complaints came in. I just want to stop the complaints right now, though. Okay. Um,
unless you see something crazy where he's back there with a machine or something. All I'm saying is though, I don't want to just overload Julia if we're trying to handle this the way we can. If you want to call in a few weeks, see where we are. We're more than willing to discuss it at the next meeting. You're more than willing to come. You'll hear what's going on. Um
because this will be brought up at every meeting now until it gets resolved. Um and I just want the neighbors to know that we're not just sitting back. We are going to handle this. >> Go ahead, >> Mr. Bramwell. if you could agree at this point that you're not going to do
anything further and take any further action until >> we get some resolve at least you know >> now you you had mentioned when you were out the uh that >> I mean you need to understand any considering the parameters around the
wetlands by right you're supposed to you're supposed to seek a permit from this commission for any any kind of uh action in surrounding those weapons. So, >> I stopped a year ago and they had a
complaint. I did not touch anything for a year >> until the dirt piles, but I didn't know that was a that was a >> Yeah. No, >> I was only wearing >> You cannot all You can't You cannot >> He just dumped two loads of dirt on
>> No, no, please. Please. >> So, it wasn't a year ago. >> No, we Sorry. I know. We're not here fighting with the >> Yeah, please. We're not this. We're trying to maintain the quorum here, okay? As best we can. >> So, that's why I'm just letting everyone know we're going to take this. We're
going to send it to peer review. We're going to get professional opinions what to do, how to handle this. Um, we are still looking at him as a resident, not as someone who's 100% guilty. We're not here to hang anybody, right? We're here to try to at least try to make it as
lenient as possible, but do the right thing on this property. So, I just want everyone to know. Fantastic. >> Okay. No, like I said up there a year ago, I brought my, you know, I've got all the information for that area. >> Sure.
>> And I brought my topographical map over there and showed him. I says that's wetlands. >> But apparently he ignored me. So, what can I say? That's why I brought this to this boy.
>> Here we go. Right. But I had to >> when it was introduced to me. >> If anyone else wants to talk, you're going to come back to the podium. >> You're going to come back. >> We need to maintain the >> So, like I said, we'll take and we're
going to um we'll send this to peer review or get a hold of peer review. We'll get a rough estimate. We'll give them kind of what the lowdown is. Um then we'll give you a call, let you know, or an email, whatever you prefer. We'll deal directly with you. um let you know what it is. You'll get a check
right over to Julia. Julia will put in a transfer and we'll take care of this. Um might take a while. I I I don't want the neighbors to think that this is all going to get better overnight. It is going to take a while, right? Um I don't even know if he's going to be able to get I believe there is going to be
restoration there. I don't even know if he's going to make the plant season. It might not be till next spring. I'm just letting the residents know that, you know what I mean? It it's going to be a little bit here. This ain't going to happen overnight. >> So, I'm I'm just going to throw in there as a reminder from this commission going
forward on your property, the grass clippings, the tree trimmings, stuff like that. Bring it to the recycle center. Nothing's to happen back there. >> Again, we don't need anybody picking up the phone and and having this being blown out of proportion. We are going to
adamantly work to resolve this. >> Be civil. All right. Um, so we did do the pay review, right? We voted on it. >> Yes, we did. Okay. So, we'll get a hold of you, let you know what the pay review is. So, this um discussion, unless it
goes into a public hearing, in other words, he has to file for an RDA, which that's probably the minimum he's going to have to file for as an RDA. So, there'll be a public hearing. With a public hearing, there has to be a butter's notification. So, if he's got to do the RDA, there
will be a butters notification. If you want to keep in the loop, just show up here. Um, I told you right now it is going to be every meeting, but if next meeting we don't have nothing, what's going to happen is I'm just going to read it off and then we just continue to the next meeting. It won't be anything
discussed really until we get more back from the uh peer reviews. All right. So, it's watch the uh uh F Haven neighborhood news. That's when if it does go to a hearing, you'll see it in there or you'll also see it in the town clerk's office and um you can always
call Julia, you know, hey, what's happening? When's the next meeting? Is anything going to be discussed? Um just like I said, I don't think he's going to do anything on his property. So, I don't think there should be any more calls needed. Um and we'll try to resolve this and get it situated the best we can.
>> All right. >> We just care about the wetlands. >> I understand. >> Y Thank you. You're welcome. >> Okay, next. Thank you very much. >> Thank you everyone. >> Next is 496 Mill Road property clean up
cleanup in wetland. We amend presented vote maybe. He said I said I say he said hi. >> All right. You take care, buddy. >> Take care. >> You got them for you. >> Oh, good. >> Okay, Julia, what do we have at 496 Middle Road?
>> Okay, >> 496 Middle Road. Um I sent a letter on uh May 14th um letting him know the commission would like to see the fence in his pond cleaned up. This is the property ab budding um the zero middle
road project uh that Ciano's working on >> and um there is a pond there that is I don't know if it's a vernal pool or a potential vernal pool but it has a fence in it and I know Jim talked to him
previously about having this cleaned up so I sent him a letter um and I haven't heard back from him with this letter >> so just right or the left going Um if you're the even side >> if you're facing the property it's the left >> like facing it from horses.
>> But when Pat Hannah was here um >> I remember this property. >> Yep. We had it. Um Pat noticed it on um Google Earth or it was one of those. >> And he says, "Wow, look at this." >> Yep. So I went there and um I talked
with the gentleman. I told him that the fence and everything had to come up. He said it used to be a duck pond. I said, "Well, it's can't have a cut bond." Um, that never dries up. So, that's definitely a 250 foot no touch. I can't believe he was able to build a house right on the edge of that thing.
>> Um, but, um, from what Julia told me when she went there before the letter, he really got in her face, said he wasn't doing nothing. >> I I spoke with him on the phone. He was a little aggressive. Yeah. Yep. So, with that being said, that she don't hear anything soon, I'm going to have her
reach out to town council, let them know that we are going to put an enforcement order on this property. Um, I think we give him more ample time for him to take this fence out. And then when she told me he kind of got very aggressive with her, this is something we're going to stand by. I know that we always say
we're willing to work with the residents if they work with us. um if they're not willing to work with us, then we have to come out with, you know, full full stream and hit them hard, right? So this year, Julia, I would like for you, if he when did you send the letter? >> May 14th.
>> May 14th. So it's already been a couple weeks you call him. Did you send your certified? >> Um I believe so. We usually do. >> Okay. Um just double check that. Make sure if it was certified, we don't have nothing back. That means he ain't going to pick it up. And um then the next is
town council, tell them that we do have an enforcement order coming. Um and just to give him kind of a heads up. >> Okay. >> Um the other thing is you could also call him saying um I believe I mailed you a letter. You haven't responded to us. If you're not willing to handle this
within the conservation commission, we are going to get council's u our town council involved which is going to cost him more money. um and kind of let him know that if he's not willing to play, he's going to pay. Right. Plain and simple. So, and then that's how we'll head out. Handle that one.
>> All right. >> All right. Has everyone agreed on that? >> Yeah. Okay. >> Beautiful. >> Yes. >> Okay. Chris, Christopher Kelly, Environmental Protection Agency. River foreign protection and notification review of matters presented. Votes may
be taken. I don't even think we want to talk to this guy. >> I'm the only one left. So, you have to Hi Chris, how you doing? >> Technically a member of the public, but >> how you doing pal? >> Good, good, good. >> So my name is Chris Kelly. Uh I'm here in official capacity representing United States Environmental Protection Agency.
Uh I'm the project manager for the New Bedford Harbor Super Fund site, which is a hazardous waste cleanup of PCBs polyorned by phenols uh throughout the river in the greater harbor. >> And I shared some materials this morning with these two papers here. >> Yeah.
>> And then I have a copy of this. Do do you want them to >> Yeah, if you want to take a look at it, it's a it's a draft memorandum of agreement between the town of >> to put in that bylaws >> to insert a provision in your order of conditions.
>> Okay. Is that right? >> Pertaining to uh waterfront >> waterfront that's been remediated as part of something. Yeah, sure. trying to keep it as >> is that something just out of curiosity is that something that you um entered into for the city benefit as well?
>> Yes. So it's it's a city ordinance under their wetlands >> regulation or it's a wetland bylaw in Fair Haven and so there's not really an equivalent mechanism from what my attorneys tell me. So we think that MOA is the best
way. Maybe a little more than a gentleman's agreement, a little formal, but not really enforceable, so to speak, just kind of agreement on what work. >> Just to give the commission a little heads up, I first met you with M. Correct. >> Mark uh Mitten, our other agent.
>> Oh, our prior agent. >> Yeah, I I never met him actually. >> Okay. So then it was we did a um we did a virtual on a thing and there was a bunch of people. Um this is really to let the people know that are on the water just to let everyone know that this there has been contaminants anyone on
the water. The only good thing is and um correct me if I'm wrong Chris we have a very small um residential area on the waterfront. We have a lot of um >> conservation land. >> We have a lot of conservation. We have um
>> what's the other name of that place? >> Oh my gosh. the place that goes around buying up land. >> Buzzard's Bay >> Buzzard >> Bayur has a right has a big right. So in a way we're kind of lucky that we have a small
residential border, right? Yeah. Someone that borders. So it kind of makes it a little easier for us to really take >> throw it in on a few NOIs that might happen. Right. So >> the um the complication with that is that because people either don't live on
those properties or live far away from the shoreline, it was cleaned up for a level that's suitable for a commercial use. So it's not cleaned up to the resial stand, right? >> Yeah. It's it's higher. It's 50 parts per million instead of one. >> Oh yeah. So it's not suitable to be dug out and that's a big difference. So
that's why this is >> um Could I just ask you how how have you been PM over there for the whole duration of that project? No, just for the last year we had with >> No, that's fine. Yeah. >> Yeah. Those are the the ones that we met with M
>> Dickerson. Yeah. Yeah. He's retired. >> Yes. And then you took a spot and then that's when I met you in the office. Ah, there we go. Okay. >> It's all coming together. >> Does DOT sample the water at all? >> I I swear I saw a DOT guy over there
dropping a bucket down into the on the bridge. you know must cause all >> must have lost his keys. >> No, I don't know. I'm thinking what I don't think DOT does uh sampling. So that's all >> Department of Marine Fisheries. >> No, it was it was definitely DOT. Yeah, >> not for us.
>> No, I found it. >> So just to walk you through the figures that I shared. The first one is just to explain how where Kushnet is in relation to the harbor. It's kind of up tuck to the northeast compared to most of the work that we've that we've done. But uh
up until 2024, between 2020 and 2024, there were shoreline remediation done throughout Akusha. We call that EO one, EO 2, EO3. Those are EPA's names for that area. Um but it's shown in blue and I guess orange and green on that second figure I shared with you. The orange and
green are residential areas and those are clean up to the residential standard of >> because the Christian River floods those people's backyards actually. >> Yeah. And so our hope with this MOA and and using the NOI process is that we don't have to pursue notices of activity
and use limitation or deed notices for all these properties. There's probably about 25 or 26 by count in between Main Street and uh Fair Haven Town. >> And so this is a more passive option and it's only triggered when there is work
within 100 ft of the river. So we we see that as a win-win because it gives us a chance to get information if there is an alteration forthcoming and if nothing's happening then there's no burden on the on the property. >> So you do know that titleist is working
at that one spot now right? >> Yes. >> Oh yeah. And I believe on your map that would be 25-24 in that area. >> So this would create a notification system so EPA would be sent an email.
Did you get them? I did not. >> Well, because the mechanism doesn't exist, so we're trying to >> Okay. Yep. Interesting. >> But you did know they were there, which is a good thing. >> I saw them. Yeah. Observation. >> No, it did look I stopped and looked at the site and and I thought it looked pretty good.
>> So did I. They uh >> they got >> I mean, here's the one thing that we both know. Titles has money. They're willing to do it right. >> Yeah. >> And Right. They do everything. >> Yeah. They do everything right with this. I'm going to tell you that one of the one of my favorites to deal with,
>> right? Because they don't care, right? It's >> to them it's just an open pocket book, right? Whatever you want. >> Well, when you have the number one ball in golf, I guess you do that, you know, but they are they're very clean. >> Yep. They're very clean. They're very neat. They go they do exactly what's on
the print. They go a little bit above and beyond. And so, it's really nice working with them. >> Yeah, they they definitely >> And they do keep us well informed. Yeah, I got to say they're >> you can't talk about that. >> They're following all they're following all the orders and conditions out there on that site. I can tell you
>> that they are, you know. >> Anyway, >> so I guess one of one of the things that I hope we get an answer at, not not tonight, but in general, is the town's willingness to enter into that agreement with us and the person who's authorized to sign on behalf of the town is
probably the question because right now it's it's the chairman of the conservation commission. So, >> hey, I'll sign. That's good enough for us. >> Oh, I know. But why don't we do this just to make sure we got everything um >> 100% right. We're going to have Julia's
going to send this to town council immediately. Okay. >> Um this way here we know everything's legit. If it's me signing it, I have no problem signing it. Julia or signing it. I have no problem signing it. I believe 100% with what you want to do. Um so I have no issues with that. And um let us
take we'll go over them. I mean this is the first I just got it handed to me now. I will take it home and read it. I I have no issues with that. And um let's see if we can make this a standard in our order of conditions for anyone on the area. >> Okay. >> And I think that would really cover us.
I mean, I don't think we have to put it in every order of condition. Correct. >> No, it would be for the applicant to determine whether or not that property work is covered by that condition. If it's not within 100 feet of the Kushner River, then they don't need to send the
email to it's a New Bedford Harbor. EPA.gov is the email. >> Okay. >> And so that's where Fair Haven and New Bedford send those. It's the consultant who's filing the WPA3 form sends it to us. It's not the property owner or the developer, >> right? But now we know too, if we're
even within 100 ft, this has to go through >> this. And if they don't do it, we can make sure action any >> alterations. Like I said, we have no issues with that. It's like we all know that this place has been contaminated for many, many, many years. And uh back
when I was a kid, I worked behind blocks and believe me, we put all the sheeting back there to stop it from going back and continue into the river. Right. >> And um so I I've been around this river my whole life. All I've ever done. That's right. >> So we believe 100% in what you're doing.
Uh we believe in this. Um like I said, let's just get over to town council. Let's see. um how quick we can get this signed over back to you and say, "Okay, let's implement this." And I think we should definitely should. >> Okay. If town council has any feedback or red line of the agreement, it's up to
negotiation. You know, >> yeah, >> there's no compensation for this, but we're up to negotiating the the language, but really the operative part is paragraph L, what the parties agree to. The rest of the agreement is recitations or statements of facts. So it's L and then there's sub paragraph
one and two basically explaining the process for notification. >> You don't mind if I >> I'm a scientist but I know I know what the operative part of the agreement is >> and uh let's be specific about the area
that's impacted because if it's every property that underfoot the extent three miles up into town still. >> Yep. Beyond. Yeah. >> Yeah. Technically, >> I understand. I'm sure. >> Yeah. >> Wow. >> If you take a strict interpretation, we'd have people all the way up on the north side of
>> So, Chris, just quick question. New Bedford and Fair Haven are on board with with adopting this. >> They have promulgated this into uh it's an ordinance. New Bedford >> basically bylaw. >> Oh, I see. Yeah. Did they don't forget they got a lot more action, right? They
have a lot more than we do at stake for sure, you know. So, um, like I said, she's just going to send this to council. I mean, I would sign it tonight if I thought everything was okay, but let's just make sure everything's fine. Make sure there ain't nothing that they say, "Hey, you shouldn't." Um, and if we get a thumbs up from him, I'll get this
signed over, emailed back to you, and then let's rock and roll with it. Um, I I don't think we have any issues with this. >> Okay. >> How's that sound, sir? >> Sounds great. >> Good. Good. Glad to hear it. >> Glad I drove down. >> Where'd you come from? Ashley is where I live. So,
>> okay. Few accidents on the way. >> You know where Ashley is? >> Second second town on the marathon. >> So, it was a little >> Yeah, but I have to do it, you know. >> Yeah. No, hey, I'm I'm glad you came down. I'm glad you brought this to the
commission and like I said, let's see if we can get this back to you real soon. Okay. Um, when she does send it to the town council, I'm going to ask her to make sure that we're looking for this back immediately. >> So, this way here, we can get this done and then you you'll feel comfortable,
will feel comfortable, and now we'll go by what's going on. >> And if um my my attorneys, I have every super fund site has at least one attorney assigned to it at EPA in house. >> They have suggested to me that this may be something that the select board has
to consent to. So, just for your knowledge and I have no problem stay. They are ultimately the appointees. So, >> so um in the question when you send it to town council ask if this should go before the >> um selectment. I don't know if it has to
because it's all about the commission in the NOI. It has nothing to do with a bylaw or anything else. >> It's a matter if we can enter an agreement on behalf of the town. So, >> yep. Let's see what they say. Yeah, that might have a problem. Might not be able to >> Yeah. Whatever we got to do, we got to do it.
>> So, well, we'll have her send that and let's see what they say. If he comes back and says, "No, the SL board's not needed because it's conservation," then we'll just sign it off, get this thing rolling, and then it'll always be in house. All I want to do is make sure this thing gets mortalized. >> Okay? >> Right? That even if I'm not the chairman, you know, next week, that at
least it's already in there and it's going to be I I will be next week, but I'm just saying, you know what I mean? I want to make sure that it never leaves this conservation commission >> and we have the language to insert in the order of conditions because that's what the two other municipalities do. So, we'll just give you
Yeah, it's already cookie cutter, right? >> Yeah. >> Good, good, good. Awesome. Um, one other question on a personal note. Is the uh does the EPA anticipate designating the upper har the upper harbor areas uh as deemed open for recreation at any any
point in the near future? >> Technically they are now >> technically. >> Yeah. >> If you wanted to kayak or canoe. >> Sure. That's basically what I'm concerned. >> Yeah. And and technically you could swim too. >> There's higher concentrations of PCBs in the water in the upper harbor as
compared to >> Sure. >> the outer harbor just because of dilution. It's uh Yeah. >> But >> the solution to pollution, right? >> Yeah. >> But uh that's what the city's the city of New Bedford intends to have boat launches non-motorized boat because it's
not deep enough really for motorized craft. >> Yeah. Just uh yeah, I heard talk of it and I just didn't know if it was actually deemed >> it can be. It's just people. It's not really an easy launch to get a kayak. >> No, no, not not the question. I just
concerned with the actual quality of the the water in the uh up harbor area. >> So the arabox the former arabox facility source that is where we see the highest concentrations of the water. >> So did I when I was like 10 years old you should have seen them
>> the concentrations I think watch go into that river over there man >> who know street I know you ended up sending us pictures when you went by that really helped a lot. >> Okay. >> Um it really set the red flag. I was there every day. It was like brutal. And
of course, we ended up with those brainstorms and >> it was brutal. Then >> I got a little >> I was going there at night during the day. It was like >> that wasn't like that wasn't a risk of releasing contamination or >> No, no, no. That was just
>> probably hundreds of thousands of dollars plugs. >> Yeah, that's incredible. When that water rushes over, even if it goes through a bag filter and it rips it out, >> either EPA or the Commonwealth, so Massachusetts taxpayers going to have to come back to put the plants out, right?
>> Torrance of water going over. They can handle runoff from the rain or whatever next to. But >> what they were I mean that looked like >> Charlie the Chocolate Factory kind of the uh >> Hey, then I had the police calling me, the fire department calling me. You're going to open that road. We can't get no
ambulances down there. >> It was time sensitive. >> Oh yeah. It was just we just got hit with so much rain at that point. It was brutal. But we all took care of it. We got it situated. Um you know it was a couple things like well we can't stake
the things down and the waddles down and I said put concrete. Put blocks on. >> Yeah. >> So they don't float. Right. So there was a bunch of things we did to help it. And >> yeah, the back the back filter needed to be either cleaned or swapped out because it was >> filled up with silts shooting out of it.
So it was like >> No, I was hole. They're worried about what they're doing in the hole. So >> Yep. No, I was there every day and I didn't stop for a while. That one was brutal. But we got it done and now things are clean there and that went on. And I guess they're not putting the alpha out the side. >> No, it's not going to be changed.
>> Yeah, it's keeping the original. >> Yeah, it's staying I believe he said it was a 16inch pipe. and stay in that 16 and they're not going to they're not going to cut into that lot at all. >> Okay. >> That's the uh that's the word I got. >> Yeah. >> All right. You man.
>> All right. >> What do we say? Have a nice drive back. >> Shouldn't be any traffic. So, >> yeah. No, that's not a bad right now. Do you uh I brought business cards if you want? You have mine? >> I'll take one. >> Oh, I have one. >> I think I gave you one. >> I'll take another. These
are >> Thank you so much. >> Actually, why don't you put if you don't mind giving her like four or five in the office? >> This way if someone does come in, she can say, "Here, this is, you know, >> the one thing we get for free at EPA is a business." >> No, we pay for it. >> Yeah, I know.
One minute. Nothing's free. >> So, a guy said to me the other day, he says dirt. I said, "Dirt ain't cheap no more." So, don't even say that. >> I know, right? That's right. You can't even say that, right? All >> yeah. >> All right, young man. >> All right. Thanks.
>> Thank you, Mr. Kelly. >> Okay. Agent updates. >> Okay. So, I have one update. It's not officially on the agenda because I just received this um yesterday, but I still wanted to share it with you guys. >> So, um our last meeting or our previous
meeting, we had um the resident from 659 Main Street. he was getting flooded out by his neighbor at 661 Main Street. Yep. >> And so I sent him the letter saying, you know, your neighbor's being flooded out. Will you work with us to do something to
um you know, kind of fix this? And so I received a letter from him. I gave you all a copy. Um, so the gist of the letter is he is working, the neighbor is working with an engineer and he is going to be making some minor changes that will hopefully help uh mitigate and fix
the situation. Um, if it doesn't end up working, he said he is willing to work with us further, but he's going to go with these minor changes for now and and see what happens. >> Which is, you know, you can't blame him. He's got an engineer and engineer is going to tell him. So that makes good.
I'm glad. I'm glad it's uh they're trying to do the right thing. Good faith, you know. He's definitely good faith. So, yeah. >> Beautiful. >> And then um just our hearings and meetings will continue to be held for the month of June at the police station conference room.
>> All righty. And Mr. Chairman, if I may, um an update on um the equipment for our agent uh as far as a cell phone and a laptop. Do we have any um news on on that request?
>> No news as of now, but I can keep looking into that. >> Call Jamie tomorrow. Uh see what she says. Um get a hold of if you have to. You're going to have to start going for the selection. Okay. >> See what's going on with it. All right. >> Yep.
>> Okay. Other business. Any other business that may properly come before the commission not reasonably anticipated when posting 48 hours prior to the meeting? Future business. The next meeting of the conservation commission will be held on June 10th, 2026. Meeting will be held at the police
station conference room located at 64 middle road a cushion at Mass. I'd like to entertain a motion that we adjourn this meeting. Motion to adjourn this meeting. >> So moved. >> All those in favor? Bye bye bye. Heat.
Heat.