You just let us know when we're recording. >> Thought they gave me the hands up, but I think so. >> But you want to double check. Thank you. Welcome to the Danvers Conservation Commission meeting for April 9th, 2026.
We operate under the Massachusetts General Law, chapter 131, Section 40, the Wetlands Protection Act, and Chapter 26 of the Town of Danver's General bylaw. The Wetlands Protection bylaw. After the applicant presents his or her
request and the board has had time to ask questions and discuss the project, we will accept questions from the audience. Because this is a public meeting, it is required by law that you give your name and address first.
Although we may disagree on the issues raised, all persons present during the meeting are expected to be civil to all other meeting attendees. This includes the members of the commission staff abutters concerned citizens and property
owners and project applicants. We also request that you confine your questions to the project and only as it pertains to the wetlands act. We cannot handle nor do we have jurisdiction regarding such things as noise or traffic. All
problems not related to the wetlands protection act and the town of Danver's wetlands protection bylaw must be taken up with other boards. We'll take attendance. Uh Lorraine Drapek >> present. >> Paul McNelte
>> here. >> Michael Splain >> here. >> Peter Wilson >> here. >> And I'm here Mary height. Our first item today is 98 Newberry Street, notice of intent, DP file number 14-1449.
The applicant is Steven Tedesco, Tamar Properties LLC. And can we have the applicant present? >> Got it. >> Sounds good. >> Stephen, correct? >> Nope. Good evening. For the record, John
MREN Cameron Group. We're here tonight representing T-Mar Properties for the notice of intent application at >> 9698 Newbury Street, D file number 0141449. Uh we had a sitewalk with the commission
this past Monday based on that sitewalk. While we're out there, I showed the commission where the wetland flags were. We had the wetlands refreshened. Uh we staked out the 35 ft no disturb. We have no work. Again, to recap, we have no work beyond uh the 35- ft
setback. I showed the commission the location of the two units or the two mobile homes that are within the commission's jurisdiction. Both those actually uh comply to your regulations. We talked about the 280 square ft of
pavement that's in the uh 50 foot no build zone. I showed the commission where that is located. And then we talked briefly about um some existing runoff that has nothing to do with this project. Uh just coming down one of the existing roadways
in this location right here. And what I told the commission we could do is we could propose there's no room for storm water along that edge. Uh it is all cleared. Uh, but we did have room to put a two- foot wide, two foot deep stone infiltration trench along that and we
revised the plans and we submitted that the other day along with this plan where I actually highlighted where that 280 ft of pavement is located. Uh, we made a presentation at the first hearing. So, I'm here just to answer any
additional questions. >> Do you have any questions? Uh yeah, one quick one. The in the the farthest left uh column of new sites, are they like abing the existing trailers?
>> Yes, in some locations they actually abut right directly next to So like for example, here's a proposed trailer uh mobile home right next to this mobile. There's another mobile home right here. It's directly. It doesn't abut this entire trailer, but it's kind of about
five feet, six feet next to it. There's another one five feet. The ones in the back abut. So, they do a butt. There is no building code for trailers. We met with the building inspector and we also met with the fire department
when we place these units. So, uh they both reviewed it and they said it meets the code and it is allowed. Any other questions? Yeah, >> a couple of questions. So, that that one uh unit that you were talking about, the one that's in the top of the row there,
um that's actually going into what I recall, I just want to make sure I'm clear, that's going into a lot that's there and the road is already there. You're adding that little gray area to allow um basically emergency vehicles.
>> Yes. So >> access around. >> There's actually an existing paved road that comes down here, comes over this way, starts traveling its way up. We are increasing the width of the existing pavement in this location.
Everything else is outside your 50 foot. The only pavement that we have within the 50 foot is that 280 square ft. And you're exactly right. The reason for this additional pavement in this location here is to make the radius turn for emergency vehicles.
>> And my other question, which um should have asked when we were there, the road that comes down from Center Street, that's currently like a path like a like a >> Yeah, it's a gravel road >> road, right? >> Um I'm imagining that's where the trucks
and the construction vehicles will come in. >> That's right now. They haven't decided which way they're coming in. Most likely, yes. >> Cuz I would just ask that I or encourage you. I know that's outside of the zone, if you will, but that that should be thoughtfully reconsidered as far as how
is it going to be resurfaced. Uh where's because it's going to get it. It's already a little bit chewed up. Yes, that'll actually have to be rebuilt once the project's done because again, if you may recall, I I let the commission know that road out to Senna Street is going
to be demarcated as emergency access only. And we're actually putting a a gate right in this location right here. It's all outside the commission's jurisdiction, but we're going to have to just beef up that road. I mean, they kind of maintain it, but as you saw, the
further you go up, the less it's maintained because nobody's using it. because nobody's supposed to use it. >> But even just so you know, even though something may be outside the jurisdiction, just to kind of ask and remind that there's you're right next to jurisdiction, any work that can be done to mitigate
runoff after the work, I think is just the right thing to do. So, we just pass that on. >> Y Michael. >> Yes. Thank you. So could you uh just go up and point out what is actually within our 50?
So what we've got in the 50 is again we've got this 280 ft of pavement and then we've got this little bit of storm water. This portion of storm water and that portion of storm water. >> And the the two um the two uh mobile
homes that Paul alluded to, they were are they existing? No, these two are proposed and we had those staked out on the site. If you remember, they were the bean poles with the orange ribbons on them. But these are within the buffer zone, but they're beyond the 50 foot.
>> Yeah. But if you didn't have those there, you wouldn't have to go into the 50. It's because you put you're putting two there that now force you to put that road within our jur within a 50 foot no build. No, because the issue is
everything's water flows by gravity. So if we had the drainage basins in this location right here, you wouldn't be able to get by gravity u from the drainage here. We're digging down in this location uh like we talked at the
sidewalk. We've got about a sixoot cut to get that to work. Yeah, but I don't see why you if you eliminated those two, you couldn't have the road outside the 50. >> Well, the what would happen is if we eliminated >> these two units.
>> No. So, you're going to have something in the 50. You You're in the 50. >> Yeah. This is the orange is the 50 foot. >> Yeah. So, if you got rid of these two units and tried to move the drainage out to here, we still need this road to go
around to get service all of this. >> That's what I guess I'm asking. Why does the road have to go up there to get to the all these units up here? >> Yeah, but why why can't it move to where they say the mobile homes get removed? >> So, you're saying like if we got these
two out >> and you just pulled the road up? >> Yeah. >> You wouldn't make this turn. It would be too tight of a turn. >> Well, you jammed a lot of five feet apart. I mean, that's It seems like you jammed a lot of units in. I mean, I look at nice parks and
they're not 5 feet apart. >> Yeah. And again, there is no building code. >> I know the fact basically you're saying there's no rule to stop us, so we're doing it. >> No, that's that's not it. I mean, we did make concessions and we reduced the amount of mobiles that were on the site
originally with the zoning board. >> Yeah, I know. >> We reduced that. >> You wanted even we wanted 30 something. >> Yeah, there was more units on the other side and when these got all moved, everything else got a little tighter on the other side.
>> That's all. Thank you. >> Um Oh, sorry, Peter. Uh just not really a question. I just want to put it out there for the board to consider. I I think we should be asking some sort of bond uh in this and I'll
make a motion to effect when it's that time. Uh just to make sure that that all that trash is picked up that uh >> I just couldn't hear. >> He wants to he wants to make a motion for bond, but we haven't decided to approve it yet. >> Right. But if we do, I I would say that
that we have to have some kind of guarantee that that's all that trash is going to be picked up. >> Lori, >> I have no further questions. >> Um, is there anybody in the public who'd like to speak? >> You just want to come up to the
microphone and just let us know who you are. Good evening. My name is Sandy Casting. I live at 188 Center Street. All of my property for the most part on the side um borders this trailer park.
>> Could you just Excuse me. Could you just show that's on the the drawing? >> Sure. Be happy to all up that way. It's all my property there. >> Sorry, I wish I could be better. I'd fall over.
>> Is that residential? >> It's residential. R3. R3. That's unfortunate that there is no building code for the trailer park when we have a 30,000 square foot, 20 foot setbacks, you know, that we have to adhere to.
>> Um I can I walk up to the thing again? Oh, >> of course. You know, when this project first started a year and a half ago, maybe two years, they wanted 76 trailers put in and the
building department or the zoning board, they came back, they kind of were just, you know, looking at the site, got it dropped down to 30ome, and then the neighbors came out in full force and got them down to the 24 that they're at now.
Um, if they were going to put in that many trailers before, I don't know why these trailers need to be here at all. Uh, I know there's a percentage that they're allowed to encroach over the 100 buffer.
Um, but it seems to me that they had a space for all the other trailers. I mean, you can see down here they're a little better off spacewise. They literally jammed them. I mean, this is I'm actually surprised that the fire department approved that
because I couldn't do that on my property if I wanted to. But getting to the conservation part of it, you know, I think we have an obligation, especially in the R3 area where we have more space
around our properties. Um, we have an obligation to protect any conservation land that's left. building is happening left and right. And in that area, um, we have a deer family that beds down over there. We have turkeys
along with other a lot of other little, you know, types of animals. That's where they live. Um, I know this because in harsh winters, the deer have gotten backyard feed when they've come out with crusty legs from having such high snow down there.
Uh, we try to make sure that they're protected. Um, I just the letter that I received regarding this meeting, if you would indulge me, proposed work within the 100 foot buffer zone includes the expansion of an existing pave road,
construction of paved parking area, installation of four utility poles with overhead electric service, installation of a water man, hydrant and water services, installation of a sewer manhole, sewer main and sewer service connections, instruction of one mobile
home and a portion of another home. Installation of storm water mitigation measures, drainage structures, and associated grading. The project also includes the removal of trash and debris that was left on the on the it was worked on years ago. I'm not really sure
where they thought all this was going to go when they wanted all the other trailers. It seems to me there's got to be a better solution. without hampering the project. I'm not, you know, against them, you know, increasing their size. They won that
battle, but I feel like there's got to be another solution to not encroach. I don't even feel comfortable over the 100 foot line because we constantly just, you know, I know there's a percentage that they're allowed that the the board can say that's fine. Um,
but it's a good swath of wetland there. There's a natural stream that runs it runs under my driveway. It runs down the field of see the pointed area at the top of the map. It runs across their apple field, their apple trees and comes
straight down. You know, all this interruption of putting paving and and you know, parking areas and roadways and so forth. I understand it's going to in interfere with that and that's a natural flow of water over there, but I'd like to know
where all the wildlife is going to go. You know, I I just don't understand why we need to, you know, if there was space for all the other trailers, why this couldn't possibly be moved someplace else in the park. Uh I'm particular. I mean, I think those
two trailers in particular, even part of that third one there, is causing a lot of the issues which is which is pushing everything else into the conservation. And I just think that we need to take a hard look at that and and and you know
realize our responsibility to um maintain as much conservation as possible. Thank you very much. >> Thank you so much. Is there anybody else that would like to speak? >> I I don't have anybody online. Okay.
>> So, does anybody here do you guys have any additional comments or thoughts? I'd like I mean can you address some of the >> Yeah. The only thing I'd like to address is there is zoning setbacks. We have to be a minimum of 100 ft from the property line with any structure and we meet that
because we do abut residential. Also, we're not interfering with any drainage patterns that are coming down from center street. So, we're not interfering with any of the drainage. Uh the drainage system that we are putting in is not only for this development, but
it's for unmitigated runoff that just flows off of this site currently with no mitigation. Uh the proposed project complies with your regulations with the exception of that 280 square ft of pavement. Your bylaw does allow work in
the 50oot no build for drainage structures. As I had pointed out originally, I think the work in the 50 foot no build was 2,000 square feet and it was about 11% of the 50 foot no build where your bylaw allows the commission to grant up to 20%. So, we're not asking
for a lot of work. There is a lot of work in the buffer zone, but your regulations allow that and we comply with all of that. >> Any other thoughts, guys? Questions? I guess I just have a comment. I mean, I'm still sort of new to this, but I
guess just to comment, I think um I empathize with the concern about the the space, you know, the green space and such. Um on the other hand, the way things currently stand, all this runoff is coming down the hills and it's it's not being mitigated. And
so, it's a trade-off, you know, to what extent if nothing was done, can we pick up and clean up the the uh runoff? So I think what's what's proposed is unfortunately does take take some wetlands or not take but you know will be in the areas the fifth area but it's
being done to try to mitigate the runoff into the area. I'm not completely pleased with it, but at least as I understand it, that is one of the reasons for this, just so we're we're clear. It's a little bit of a balancing act, you know. So,
>> well, and through you in response to that, it's not all or nothing. It's not like, well, if we deny them, they're not going to say, "All right, we'll come back with less." So, it's so it's not all or nothing like you're suggesting. >> Oh, no. I'm not saying it's all or nothing. I don't mean it's all or
nothing. Okay, >> I'm all set. >> Um, I'd like to say thank you Sandy for sharing your thoughts. Um, we as Yeah, we as a a board have, you know, a purpose and ideally we'd love to protect
every little thing any time. But the reality is a lot of times we have to navigate what's being done and the guidelines that we have. Um and they've pulled back a lot of things and they're making improvements in the storm water.
So um I think everybody has good intentions with um everything, but we're kind of bound by some of the guidelines that we have. >> Well said. >> Yeah. Are we good to vote?
>> Uh, yes. >> Pressure if you want to. >> No, I think I've already said what I intend to to say to make a motion to do. >> All right. Can someone make a motion to close the public hearing for 98 Newberry Street, D14-1449?
>> Make. >> Is there a second? >> Second. >> Second. >> In favor? I >> I >> I >> Can someone make a motion to grant a waiver to allow work in the 50 foot no build zone for 98 Newberry Street D
number 14-1449? >> So moved. >> Is there a second? >> Hold on. I'd like to add add a condition to that that as part of approving that waiver that we would require the u the applicants to post the bond of I how do
we get to a dollar figure for that? >> Um I would ask the applicant a rough figure on what that mitigation cost might be and then we could do a portion of that for for the bond amount. >> Yeah. I mean I couldn't tell you what that is off the top of my head. >> Yeah. Um I >> I can come up with a number.
>> Okay. And I know the client, our client would be happy to post a bond. I mean, bonds are a standard. >> Okay. So, we can vote to >> you can um >> ask for a bond and the dollar amount can be settled later. >> Um I would try I would settle the dollar amount now as part of the public record.
Um so, John, do you have a rough idea of what >> what you might want that to look like or the commission? Um I think for projects like this typically we've done maybe $2,500. Um, but it's it's up to ultimately the commission and the applicant what you're comfortable with. >> I mean, $2,500 is fine. I couldn't
estimate. As I've mentioned at the sitewalk, some of the material that's out there, the old it may actually be better to leave it instead of trying to get it out because those are the things you're not going to be able to get out by hand. And to get a machine in there to get it out, you're going to disturb
natural vegetation, >> right? So, you know, a $2,500 bond, I think, is is adequate. I think that would be fine. I'm client, right? >> Just over above. We just want a good faith effort to clean it up because
there was just a lot of trash, >> awful lot of trash, >> construction debris. And as part of that, I know there's a gate as part of this project, but that's that's got to be a workable um blocking mechanism. So, people aren't going there and doing that again.
Okay. So, that that's part of the motion >> as part of the waiver with the $2,500 bond. >> Mhm. >> Do I have to say that or is it automatically put in? Because we talked about >> we've got it in here. So, everyone >> we need a second. >> Um, is there a second? >> I'll second it as amended. Right. Second
as amended. Yeah. >> All in favor? >> I. >> No. >> So, now you just have to say what the vote was. >> Oh, the vote was four to one. 41. >> Yep. Or one for the waiver.
>> Okay. Can someone make a motion to issue an order of conditions for 98 Newberry Street, D number 14-1449? >> I'll make a motion that we issue an order conditions for 98 Newberry Street, DL number 14-1449.
>> Is there a second? >> Second. >> In favor? >> I. >> No. >> So that said that was >> four to one. That would have won. Okay. >> All right. I think you're good to go.
Thank you for your time. >> All right. Uh, item number two tonight is 54 Cherry Hill Drive, RDA, DCC file number 2026-01. And the applicant is a Biomed. And I
know I think they're online tonight, right? >> Yes. Danell, can you hear me? is right here. >> Yes, I can hear you. >> Okay, great. And we can hear you. Um, let me just share your screen here or show your plan and then we'll be able to get started. Okay,
>> great. >> All right. All right, Danell, your plan is up. So, whenever you're ready. >> Thanks for coming. >> Sounds good. U, I would just like to say uh good evening to the ladies and gentlemen of the board. My name is Danell Baptist. I am a project manager at High Point Engineering. I am here on
behalf of Abuamemed um with their uh site expansion project. I'm here to hopefully receive a negative determination for request for determination of applicability for the site improvements on this project.
would like to say that uh the previous just for the record the previous hearing uh was continued um contingent upon a sitewalk. We had a successful sitewalk um where I was able to um navigate the site to get
uh some of the board members um orientation correctly so they could understand the disturbances that we are proposing on this project. Most of the disturbances um relative to their jurisdiction um is within the 50 and 100 foot for buffer
zones. There's no disturbance to the 35 ft uh no disturb um and uh obviously the wetlands itself. Um items that we discussed during the sitewalk was uh getting the board orientated on
the location of the existing pavement areas. Um I uh gra graphically showed where the locations of the expansion of the parking lot relative to the impact of the 100 foot buffer zones. We walked
along the edge of that upset property, identified the location of the wetlands. Um we saw that the wetlands was a significant distance away from our proposed work. We talked about the drainage flow and um
reiterated that the impervious area existing impervious area proposed uh will be directed to a storm water infiltration system that is um adequate and meets the regulations of Mass DP and
the local regulations of the town of Danverse. uh said, um I would open up for questions or I could pull up a graphic and go through the presentation with some specifics based on um what the town
or any constituents would like to hear. >> It actually would it would be helpful to put up that one graphic that you have of the the after the proposed plan >> or let me just see if I can find that here. Um, >> I know who I'm looking you, Emily. Do you have the one? >> That's okay. Paul, was it this one that you were looking?
>> This was a good one. Yeah, because she could show the reference. >> Yeah, >> sure. >> So, so this I'm not sure if there was a question, but I could I could show um reiterate that uh the the red hatching
um in between the yellow. So, so let me let me just take a step back. So, the yellow marking is the 100 foot buffer zone. The hatch area that you see um next to next to the 100 foot above zone is the location where we are proposing a new
pavement. As you can see, it is outside of the 50 foot and within um the the 100 foot buffer zone. There's and and just want to reiterate there's no flows um storm water impervious areas going in the
direction of the the existing wetlands. Any other questions? >> Yeah, I have a question. How many how many spaces are being added? >> Um, I think we talked about it was I
think we're in in total in the jurisdictional area. I think it was like at 23 or something like that. I think we we added into the field because I think you asked that question in the field and I think we roughed it out like about 23 24 spaces. >> New spaces. >> Yes. about 23 or 24 within the
jurisdictional area. >> No, not within. I mean the total number. >> Uh oh, the total. I would say I I think I think we're adding roughly about 80 spaces and I'm not 100% sure, but I could definitely have that calculation.
>> Well, you can't get that number. >> You need like 180 extra spaces, something like that. >> Not that chart. It's in a different chart. Sure. >> If you could go if you could go to the
uh the LM plan, it should have that up. >> Thanks for reminding. >> I'm sorry, Dell. Go to which plan? >> Yeah, >> the the site layout plan. It should have that. >> Oh, perfect. Okay. >> Those figures up. So, if you zoom in, they show existing >> and I apologize. I just didn't understand the question. So, it if you
zoom into that chart, the parking chart, it shows existing and it shows proposed. So, existing, I think it says 80. >> Well, that's not quite right. Are you able to read it up there? I'm sorry. When it's zoomed in on my computer screen, I can't read those numbers at all. >> It says required.
>> Yeah. So, it says So, required is 80 260 spaces required and 260 proposed. And it just so happened that we that number was um created backed into what
we could allow from a square footage standpoint. So it was strategically um crafted so we could have the amount of spaces to fit the use in this building. >> So is it is it then 267 spaces that are being proposed? >> That is correct sir. Yeah.
>> Okay. So along that same line, and this may be in one of your written presentations, what's going to actually happen? What's going to be done in the new building, the shaded yellow building? You've been describing it, I think, as an R&D facility, but
>> yes. So, so go ahead. >> Okay, go ahead. Go back. Cindy, >> is it on? Oh, there we go. >> Just please introduce yourself first. >> Yes. Cindy Murphy. I am the architect from Genesis AEC. So the orange that you see is mostly a two-story office building. There is a small portion here
where the buildings connect to each other that is one story. That um the existing building today is sort of like this big. So this is sort of doubling the size of that portion that's on the front of the building um which was a not
very efficient office building. So all the R&D, clean houses, clean rooms and manufacturing side of what they do is staying in the existing building, this big rectangle. >> And how many people do you expect to be
working in in the yellow building? >> Um it's it's a tough one because the way they work is a flex working scenario. So the number of people there on a given day can change. Uh right now the building is designed to seat about 300 people.
And it's two stories, so about 150ish per floor. >> The uh the new building, it's going to attach to the existing building, >> correct? >> And it's going to stay the existing. And is that one level or two levels of the new building? >> The existing building here is technically one level, but it's a
manufacturing building. So, it's sort of a higher bay, not as high as you might think of a warehousing building, which is really big. From the street when you drive by, it looks like one story due to the landscaping and the fact the building slopes. >> And what about the the the new the proposed building?
>> The proposed building on the front will be two stories. If you flip back to the first slide, we actually have a rendering, which shows up way better with your new AV >> than it did last week. >> So, this back here is the existing building, and then this is the new
building. So, when you drive by, cuz the road is out here, this is what you will see as you drive by. You barely can see it is this little teeny piece here. That's one story that connects them. >> Yeah. >> So, >> well, it just seems like a lot of work
is being proposed for us to make a finding that we don't that bylaw doesn't apply to me. It seems I'm just making a comment. So, >> I mean, there's a lot more work here for zoning than necessarily conservation. >> I know.
>> Where are the 300 people working now? >> So, some of them work in the adjacent facility. They also have multiple sites um and some business functions are being relocated here. So that this really feels like a campus environment for um
their staff since they have the next two buildings over. You have a question behind you. >> I I don't know. I I was not at the last meeting so I apologize. What where you going to put the snow when there's snow removal? >> Snow removal.
>> Donna, I think I take this I >> I can answer that one. >> So if you if you Emily, could you kindly go through the uh layout plan? We have designations for the snow removal. >> Don't put snow here. >> Continue. >> Continue. Okay.
>> Yep. Keep on going. >> Keep on going. I believe. >> All right. Sorry about that. >> Yep. Okay. So, right here. So, if if you could bring your attention to um there is I know it's kind of uh it's
kind of small, but there is a hatched area on the back side of the proposed parking lot outside of the 100 foot buffer in between the parking and the tree line. So, that area there um is
Yeah, if you could zoom in. Yep. That's one area. And if you go to the north >> plan north. Yep. That strip there as well. >> And Yep. >> Um I'm just going to comment that I
agree with Mike. There's a lot going on in this project that I would prefer that we u we went through the more rigorous notice of intent. And in one particular instance, I'll just I mean another
example, they're requesting a waiver. So, how can we grant a waiver when we're saying that we don't even have to, >> right? >> Yeah. I I had a similar comment, you know, when I read, you know, that there's pavement improvements. Well, there's 9,000 square feet of new parking that's going in. So, it's it's a little
more than pavement improvements. And so, I have a similar concern. It's it's a pretty big project to just say, "Okay, it's go ahead." >> Yeah, I agree. And could you just bring it down a little bit on that picture? So, see where you have this um that
parking lot here and then you have the curve transition and then the parking lot all the way over. That entire curve transition and the parking lot going all the way over is all new. But that's all land and all of that mass of land has to
be excavated and moved. Um, and even just looking at the amount that's in the 100 foot, that's an extensive amount. And then the situation with waiverss, I would agree with what you guys are saying. >> Not saying that wouldn't approve under a
no notice of intent, but >> that's different. That's different. >> Yeah. >> Okay. Mhm. >> And I think it's especially important for things to be clear with what's being done, how much is being utilized, and um all of that because that's critical for
what we have to do. Okay, let's see where we're at. Are we all good with questions? >> Yes. >> Yeah. Are we ready to vote? >> All right. Any public >> public? Yes. Sorry, my bad. Um is there any public comments? No, >> I think the gentleman from Abby made
one. >> Oh, he is. Okay. >> Can I just make a comment? >> Of course, >> please. >> So, the the I sure did. I'm not trying to sway your opinions because I'm sure you guys already made your opinions. But um the
reason why um it was um in in the best interest to request a request for determination is um based on the wetland protection act and the impacts to the wetlands itself. Um typically um if there's any disturbance to the wetland
resource area and flows to that area um regarding treatment whether it's medication whether it's um anything regarding um the the resource area itself um usually would warrant a full-fledged NOI. I think our basis um
as I b stated before is there's no impact to the wetland itself at all. Um this site was not getting treatment as the previous uh project and this project is also um providing treatment that was not there before. Um all this even the
existing storm water didn't have any um storm water BMP best man management practice on site with this project. We are um providing a storm water uh infiltration system um which is uh an improvement to the existing characteristics. We're we are not
changing um the existing drainage characteristics on site. Um we are keeping the same flow patterns. Um we are increasing the impervious area but everything is treated. Um so whether the project would move forward or not the
same impacts to the wetland will still be the same. It's not we're not any increasing any impacts to the wetlands. So I just want to say that. >> Yeah. But in all fairness, u you everything you're proposing would be proposed under the notice of intent.
>> Yes, it would be it would it would be proposed on notice of intent. So a lot of the information would be regurgitated in a full-fledged report. Um it just trying to you know um avoid that. But if the board wants to go in that fashion, then so be it. He will come back in
front of the board and um with a notice of intent. >> Good. You ready to vote? >> Well, do they can they withdraw or do they do they would want to have a vote? >> We would we would do a vote if the board would like to issue the positive determination. you would vote for that
and then um I would submit that to D and to the applicant and then they would um apply when they're ready to for the notice of >> Yeah. But I mean could they could withdraw right now if they wanted couldn't >> they could ideally it would be the commission making >> rather have the vote. Yeah. >> All right. There's no value to them
withdrawing. >> But they could I mean it's it's up to how the commission and the applicant want to do this. >> Well, okay. I mean, if the if the commission wants to see the notice of intent, then that's where you vote for the cause of determination to get the notice of
intent in. >> Well, I think the notice of intent for >> I'll make a motion. >> I'm sorry. Go ahead. >> No, my intent my understanding is that with that notice of intent, we'll know what's being done when and we'll have some guidance and things will be more specific, right?
>> It's it would depend on what gets submitted with that application. >> Yep. Okay. and better plans. Man, we don't see a plan here for like erosion control or anything else. >> Yeah. And the things need we've um seen a lot of things that are very structured and there's some flexibility here. Um
and I think the um the positive determination would give it more structure which is I think what we're looking for. >> All right, we good to go. >> Need a motion? Uh, can someone make a motion to close the public hearing? I
>> I'll make a motion to close the public hearing for 54 Cherry Street Drive, DCC number 2026-1. >> Second. >> Second. In favor? >> I do number two.
>> I'll make the motion. >> Okay. >> To make the motion to issue a positive determination of applicability for 54 Cherry Street, DCC. >> Sorry. 54 Cherry Hill Drive. if you're in the next section. >> Going too fast. 54 Cherry Hill Drive,
DCC 2026-01 >> and require the filing of a notice of intent. >> I second. >> I in favor >> I >> I >> I just have to stop and wait the uh which is which.
>> Okay. >> Okay. >> So that would be um the positive determination of applicability. So then they would have to come back with the notice of intent. Okay. >> Thank you guys so much. We appreciate this. >> Thank you.
>> Thank you. >> Thank you. >> All right. There we go. >> Next. All right. Item number three today is 86 Elliot Street for a notice of intent D
file number 14-1450. The applicant is how do you pronounce the first name? >> One word. >> Melinda. >> Oh, Milind. Is it Milinda? >> Milinda. Yep. Uh Milinda Vaka.
Thank you. Hello. Good evening. Uh my name is Milinda Vaka. Um I live in 86 Elliot Street and we are and this is my husband's park. >> Yeah. >> Could you speak up a little please?
>> Yes. Microphone is loud. Uh my Linda Vaka 86 Elliot Street. Um I am submitting your uh my notice of intent for the property at 86 Elliot Street. Um
certain site work has already done during because we got a valid permit from the town last summer and certain site work is already commit uh done including clearing foundation
preparation and at that time uh we were unaware that construction activities in close proximity to the drainage swell could potentially impact regulated wetland or associate buffer zone. So I became aware of this concern only
after being notified by the town. So it is our intention to resume construction only after the notice of in uh of intent has been approved by you guys and the uh condition has been issued.
So in support to my application uh or architectural and civil engineering plans along with a storm water management report has been submitted to the town and the storm water report address applicable Massachusetts storm water standards and had been review and
approved by the town engineer. Um and everything is included on the site plans. So here to listen to you guys and do everything we have to do to make this thing work according to all regulations.
>> Um is there is there anything else you guys wanted to say? Mr. Rocka, did you want to speak? >> No. Like uh my wife said, we got the permit. We didn't know anything about the any the ditch. It
can trigger the >> we can't hear you. Could you >> the regulations after the town planner send an email and uh after back and forth discussion with the town and thanks to town education we learned that we cannot
continue without uh getting the NOI filing for NOI and getting or order condition. So did >> so we had to make it all right. Like my wife said the work started after we get the building permit. >> Yeah,
>> we didn't know you the permit says >> it happens. you can start within 6 months and actually I delayed because of financial and stuff and then as soon I started >> as soon I started then we get notified
but by that time the the area was cleared everything was cleared and then after discussion with planners we stopped actually yeah we stopped we wanted to to do it
right away. That's all I had. >> Thank you. >> Okay. Uh, is there anybody in the public that would like to speak? >> Oh, sorry. My bad. Apologize. >> I was doing so good. >> We might have a question.
>> Okay. So, um, is there a commission member with questions or comments? >> I, um, I want to address this first to staff. Uh could you explain the technical comment? Let's see what and what they had done up until they came here. >> Sure. So the technical comments are
provided by D when an applicant files a notice of intent. Sometimes D doesn't have any comments at all. Um so this section will be blank. This is from D's portal. So that's where this comment came from about um adjusting the erosion control line if possible. It's not a
requirement. It's something that they recommend as feedback. >> Is the applicant being made aware of this? >> Yes. Yes. >> Yeah. Okay. And um I think that was really the uh only question I had. And how did that happen?
How did the tech I haven't seen this before on a memo. >> It's very rare that D provides technical comments. It's been >> We should take them seriously, I think. >> Yeah. Yeah. Yeah. Um more often than not, we don't get technical comments on an application. So, we don't see this in
their portal. And how much did you have you've been out to the site? >> Um I have driven by it. I haven't walked the site. >> So we don't know how much what was done before they got the letter or >> um No, I'm not entirely sure. No, I haven't. >> Just to follow up on that, the pictures that were posted today in where did who
took those pictures? >> I believe our planning technician took those when he drove by the site. >> Okay. So someone's been out there. >> Yeah, he hasn't we haven't walked the site. It's just um just driving by the site. So we should go out there maybe >> if the commission would like to and if the applicants okay that >> can you can you point out on the map
just kind of where the stream I mean we have some pictures of things where the the streams are running >> it's it's a collect the from the circle
>> I'm sorry can you just please bring the microphone with you sorry thank you >> and It's most of the time it's dry but anytime it rain it flows through the Ell Street uh drain town drain. >> Okay.
>> And where does it flow on that drawing? >> Down here this way. >> And that's Elliot Street that's running diagonally down. >> They come from up here up here go down >> and it dumps here on the >> And there's a lot of wetland in there. >> A lot of wetlands in there.
>> Yeah, it's all wetlands. Yeah. Yeah, >> I drove by as well and it's it's hard to tell from, you know, it would be good to see it because there's a lot there seems to be a lot going on. I know you started the work already, >> so it's kind of hard to judge. So,
>> okay, >> questions. >> No, no. Um, uh, just one quick question. I think I already know the answer. I'm going to ask it anyways. A building permit was issued for the project. Correct.
>> Yes. >> And u so the building department had no double back to see if there were any wetlands within their proximity. >> No building um building permits issued zoning engineering storm fire electric >> and none of them said anything about
conservation commission. >> No. Yeah. They should have let you know about conservation commission >> because when you do on the property owner I'm sorry what Emily it's the onus is on the property owner or the applicant to >> to know which um which applications they need ultimately
>> to Mr. Mr. Mr. Mrs. Vak's credit as soon as we reached out they stopped work met with us. I'm sure. No, we want to help >> working with us to >> My question is when when when I uh somebody takes out a building permit,
>> um we can't uh expect that the the uh the building inspector knows, wait a minute, you've got an issue here. >> So, it doesn't it doesn't come up. >> No, it does. No, it's the ownus is on the property owner or the applicant. >> Yeah. Unless there's an existing order
of conditions, of course, that would be different. Yeah. >> Yeah. >> Okay. The JS M doesn't show any stream about >> and and like I said, they've been wonderful as far as stopping working with staff and and working to um
>> this this drainage swale or whatever we want to call it. >> Oh, yeah. The intermittent stream. >> It's an intermittent stream. >> Yeah. According to the wetlands report, >> so what are the there's easier regulations to satisfy for that? Right. And is that the question that we're
being asked to decide >> if the regulations are being satisfied? >> Uh well know what they have to do to meet the regulations. >> It's just to it's to pull in the erosion controls to provide better protection so that there isn't any inadvertent disruption to that.
>> What will the erosion control what will it be? >> Um that would be something that um Mr. Ba can answer. >> Yeah. What are you going to use for erosion control? >> We're ready. Whatever you guys propose, we're ready to comply right now with a seal fence there and
whatever the heels around. Uh I was checking with the engineer. He said, "Yeah, I can blend the grass and the shrubs along the >> Yeah. >> And see you need whatever needed to be done."
>> Yeah. Yeah. So, this is where the homeowners coming in. They don't have a representative that would have laid all that out for them, right? >> So, yeah. And I can understand that you wouldn't know that. Um, >> but we would still like to go out and see the >> I think that's see what you got.
>> And what is our jurisdiction exactly on this drawing? That is so it's tougher to see but there's so there's the bank down the middle and then there's the 35 is the red line. Can you see my mouse moving a little bit? Okay, I can zoom in a little
bit. >> And then let's see. >> Here's the 35 >> proposed house here. This is a infiltration system 40 by 16 ft 2 ft 2 ft deep. Mhm. >> Uh and the driveway is not is not paved
is a premium the niche. It's a niche. >> Oh yeah, it's the permeable pavers. >> Yes, it's great pro plus premium paving which is uh pretty much go. >> Yeah. >> Yeah,
>> I agree with Mike. I'm not grasping the whole >> Yeah. >> scenario here. I'd want to see. >> Do you guys think a site visit would help? >> Yeah. We can do that fairly soon, right? I mean, we're we're pretty good about getting >> Yeah, we're we're pretty good. Yeah, we're definitely good. Do you guys want
to um >> request for this site visit here and then we can >> Oh, is there anybody in the public? You guys are good, right? Okay. And All right. >> Oh, thank you guys.
I'm Jo Alice Stockwell and this is >> Ken Stockwell >> and we're neighbors and these guys are great neighbors. So, um we're just because this has all been going on and we just really didn't know what was going on. We just saw lots of tree removal. I'm sure it was all done fine,
but we are concerned a little bit about the wet area at the bottom of our property and theirs. um not against things because like I said >> um and actually I'm not even sure we should be here because this is really more about trying to understand like how
far away from the stone wall your dwelling will be and it really doesn't concern conservation but um one of our big concerns was our our property is historical. It's 1857 and um it has that's why we bought it. I
mean, we're New Englanders and it has a beautiful long stone wall which if it were removed or damaged in any way would affect the value of our property and that really isn't a conservation issue. So, we might be able to just address our neighbors.
>> I'm sorry, Joelle, just for the record, what was your address? >> 82 Elliot, which is right next to 60, right next to 86. >> Perfect. Thank you. And the it was I don't know how many years ago you had you had put in to um applied to put in
another house in the same place before. >> 20. >> Yeah. >> And it was turned down. >> Sorry. Please just go up to the microphone if you're speaking. Yes, of course. Yep. Just make sure you're at the microphone um if you're speaking. That's all. Thank you. >> The Yeah. Yeah. The house uh comply with
with town directly 16.8 requirement is 15 ft >> from the stone wall >> from stone wall and here 17.5 again. >> Yeah. >> And nobody's going to touch the stone wall. I like it myself >> and it's good. >> It would affect our property.
>> It's not going to be touched at all. >> But it has nothing to do with I think we just came to to get more. >> No, thanks for for coming here. Understand my neighbor, but >> that's okay. Understand. But
>> we've been busy lately. We haven't had a chance to talk to you. So, >> can we have a site visit? >> What do you like to do? And if if um Mr. Maka are open to a site visit. >> Yeah. >> Okay. I mean, I I couldn't vote to
approve without I I just don't grasp the whole project. >> So, you'll set that up, Emily? >> Yep, I can set that up. And our next meeting is April 23rd. So, if if everyone if all of our schedules can make it work, we can set something up before then and then we'll have the next hearing um in two weeks to review the site visit. And then
>> the continuous hearing is next. >> Yeah. >> Not yet. Not yet. >> So Emily just um so we have the site visit >> and is it that and then there's a presentation of the specifics of what their proposals are to do the work. So,
we'll have the site visit and then at the next hearing there'll be um any additional feedback, comments, questions based on that site visit and then if the commissioner is ready to vote at that time and you would vote and that would give them um if you vote in favor of the project that would give them the permit to move forward with the project
>> and the NOI application would be part of the the packet you sent to us every week. >> Yes. Y Okay. Thank you. >> Yep. It's in there right now. >> Mhm. >> Okay. And we're agreeing to continue >> close meeting. >> Close meeting. >> No, no, no. We don't want to close. We want to keep it open and just continue.
>> We're keeping it open. >> Okay. >> Because we're continuing now. >> All right. So, can someone make a motion to continue the hearing for 86 Elliot Street, DP number 14-1450. >> So moved. >> Is there a second? I'll second.
>> In favor? >> I. Okay, >> we're good to they'll schedule the site visit >> and Emily's amazing. >> Yeah. So, I'll I'll be in touch with you probably I have site visits tomorrow morning. I'll be in the office around 11. Um I'll reach out as soon as I get in and we can get something set up. >> Okay, >> great. Thank you.
>> Thank you. >> Thank you. >> Byebye. >> Bye now. >> Thank you for coming. Oh, I got a motion to >> approve. Just a minute. Just have my minutes. >> Do we wait or can we just
>> Yeah. Yeah. I didn't know it. >> Thank you. >> Thank you so much. >> Thank you. >> Do you want a motion? What's going on? They need some >> um I don't know. I think I just have to ask if you're ready if we've read and
approved the minutes. >> And is everybody Have you guys read and approve the minutes? >> Yes, I have. >> Well, someone's going to make a motion to approve. Yes. >> Oh, could someone make a motion to approve the minutes? >> I'll make a motion to approve the
minutes from March 26th, 2026. >> That was a contentious meeting. I watch that. >> I did too. >> I second. >> I'll second it. >> Who's it? >> Second. All in favor? >> Paul, you were the second on that one. >> I have a second. >> Okay, perfect. Just want to make sure for the record I got that right.
>> Cold beer waiting for me at home. >> And then one more quick thing for older new business. >> I'm getting out of here at 8:00. >> We had um we've had a couple people reach out. We do have two um vacancies on the commission for alternate um slots. We've had two people reach out. Um, their next steps are to meet with
the town manager, which I believe is scheduled for next week. Um, and then it will be similar to what you all did, go through the select board and then get sworn in with the clerk. And then we will have a a full commission. So, if one of our full members can't make it, an alternate can step in at their place.
Um, they'll be included in site visits and application material. >> We have this gentleman here is >> And we do if he would like to come up and speak. No pressure. It's if it's okay with the commission. >> Well, I like to hit >> there. You can just come and chat.
>> Whatever's better for you. >> Oh, yes. I'm >> I'm Mike McCartain. >> Nice to meet you, Mike. I'm Mary. >> Yes. >> Mike, I'm Peter Wilson. >> Nice to meet you. >> Nice to meet you. >> Still on record, Emily. >> We are still on the record. Yes. >> That's okay.
>> Yep. We're still on the record. >> So, what do you think? >> It's uh it's a lot, but I'm learning and that's why I came. Good. >> Great. >> It's a committee with a narrow. >> You learn a lot watching the meetings on
the videos or whatever you pick. Yeah, I kind of ran all the minutes of the meeting. >> And um >> No, we have not agreed. >> Yeah. >> Are we closed public or we're going to
close? >> So, where where is where is Mike? Is he unaltered now or he's going to be? >> Next up is meeting with the town manager and then coordinating. But um I had it on the agenda tonight to let you guys know and Mike came to the meeting today. >> It's a work in progress, Mike. Two
years. I'm still learning, learning, learning. It's a work in progress. >> I did ask Emily to get something from Brian or wherever you guys would get it that shows us just what the rules are as far as how alternates play into the decision making.
>> I'll put together a cheat sheet for alternate roles and responsibilities as far as voting and all that stuff. Y >> there's an alternate expectful time if they're going to step in on something. I mean, they're expected to already have >> been to a meeting or at least seen a
meeting seen the meeting before they can, >> you know. Absolutely. >> They have to be prepared. >> Definitely. Yep. That's what we want. >> And when they're in the audience, I'm assuming they're attending it as an audience member. >> Yes. >> Can they like raise their hand and ask questions or is it or is it a >> They can. It's a little nuanced. So
that's where I'll I'll get it all broken down in the topic as Yeah. >> All right. >> If nothing else, I could ask him a question as a member of the public. >> That's um so that's all I had for old and new business. Um our next meeting is April 23rd. We'll set up the site visit
in between. And the only other thing that we have on the agenda for that meeting is a followup to an enforcement order that was issued back in September for 35 Dodia. I don't know if you recall. They had to we were asking them to remove the sports court on the
property >> and do some other mitigation work um and with a plan to follow up with us this April knowing that some of the work probably couldn't be done over the winter. So they're going to be coming in to just provide a status update on that work. >> Okay. >> Good.
>> Um can we get a motion to adjurnn? >> I'll move to adjurnn. >> You have a second. >> Second. >> Yay. All in favor? >> Good. Good job today.