Conservation Commission meeting for May the 22nd, 2025. As a commission, we operate under the Massachusetts General Lodge, Chapter 131, Section 40, the Wetlands Protection Act, in chapter 26 of the Town of the Amvers General bylaw, the Wetlands
Protection bylaw. After each 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 your address before you speak. Although we
may disagree with the issues raised, all persons present during this meeting are expected to be civil to all of the meeting attendees. This includes members of the commission, staff, abutters, concerned citizens, 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 over matters such as noise or traffic. All problems not related to the wetlands protection act and the town of Denver's wetlands protection bylaw must be taken
up with other appropriate boards. Uh first order of business tonight would be a roll call. Peter Wilson is here. Lorraine Drape. Mary Height here. And Michael Splain here. Okay. The first item on our
agenda is a request for certificate compliance for the Beaverbrooks Woods subdivision, uh, also known as the Colin Tony Drive, DP file number 14-1330. The applicant is Beaverbrook Woods
LLC. Good evening. For the record, John Morren from the Morren Cameron Group. We're here tonight representing Beaverbrook Woods LLC for a certificate of compliance request for Colon Tony Drive uh which was Beaverbrook Woods subdivision D file number
14-1330. Uh the commission may recall an order of conditions was issued back in October of 2019 for the development of a subdivision roadway. This order of conditions was associated with the road, drainage associated with the road, and the commission may recall there was a
small wetland filling proposed and approved by the commission and an associated replication area. Uh the project was built, we've performed an asbuilt that was submitted to the town. Uh Damber's engineering has signed off
on everything and LEC has submitted a report with regards to the wetland replication area. Uh they oversaw the installation. Uh that was submitted with the COC request. Uh the plants are all doing well. Uh
we're happy to report that the actual wetland filling was slightly less than what was approved and the wetland replication area was slightly larger than what was approved. So, uh, we're here tonight to certify, uh, and in the letter that we submitted that the site
was, uh, completed in substantial compliance with the order and we are here to answer any questions and we're requesting a certificate of compliance. Okay. Um, I noticed that this this uh, street was approved at the town meeting
the other night. Yes. Uh, what would have been the ramifications of the town meeting? or if we don't approve of this project, if it if it wasn't hadn't been accepted on Monday evening, then it would kind of depend on the reasons and that might have put off issuing the certificate of compliance if um it was
ruled that some of this work wasn't done yet. Then we would have had to we wouldn't have been able to close this out tonight. Okay. But everything you've seen it it's been done according Yep. Everything looks great. Engineering has signed off on it and given it its blessing. Um so we're yeah, no concerns from our good. And there's still
individual lots that have open orders or conditions. Yes, there are two individual lots that have open orders and those are open until um they expire in March of 2026. So, they still have some time left on those lots. Is that because there's nothing going on on those lots or there was a permit
extension act that was granted um at the end of 2024 that those lots fell into a window where they got an additional some additional time for their permits. Yeah, those lots are currently under construction. Yeah. So, they're not final graded yet because the the houses
aren't finished yet. Yeah. What about I think it was lot eight. That's the one just past the replication area. Yeah, that house is actually complete. Uh the landscaping out back open. Is there an open order of conditions for that? Uh is the order still open on 8th?
Yes. Oh, sorry. You're going to talk. So, the order is still open. I believe the backyard is still under construction. So that's within the commission's jurisdiction. So they wouldn't be submitting a certificate of compliance request until that's completed. That would be our responsibility. Yeah, it's the it would
be the homeowners at this point. The lot was sold. Just looking at the big picture. There's that that's a a touchy area this whole project. So I want everything done right. Um okay, that's what I have for questions. Mike, do you have any questions? Uh no. Mary,
I'm good. Uh okay. And just uh we just note that we want to see those the other open order conditions at some point. Yes, absolutely. Well, the three years is almost up. Yes, absolutely. 26. Uh okay, if someone can make a a motion. I
make a motion to issue a certificate of compliance for Colin Tony Drive, DP number 141330 with conditions numbers 38, 39,
48, 50, 58, 68, 74, 75, 80, and 81 in perpetuity per the order of conditions. Do I have a second? Second. Is there a second? Um, before we vote, uh, I just
want to call particular attention to, uh, uh, condition number 39 where pesticides, herbicides, fungicides, and fertilizers shall not be used within 100 ft of the wetlands. So, there's several lots in this subdivision. I know we're
just approving the road, but there's several lots in the subdivision that are within 100 ft of the wetlands. And we want to make sure that no fertilizer, pesticides, herbicides, or fungicides are used there. To that point, what kind of signage are we putting out there? Um
the signage that was required here was just um no salt zone signage on the roadway, but I did check the other open orders and they have that same condition in them about no pesticides, fungicides within 100 ft. So every property on there that was within the wetlands had that same condition. How many properties
would you say that is? Is that a good amount? There's two that are still open. Um, so those are the ones that I looked at. Um, but I can check the other ones too. Double check on that. Okay. What are the two that we're showing? Lot six and lot eight.
Lot six is under construction. Is that the lot six is built, sold, lived in, and the landscaping which is the one that they waited the last to build in? Lot seven, which is technically 10 call 25. That
was the one that and you got that out of the riverfront area. Yeah. Okay. Uh Okay. The motion's been made and seconded. All in favor? I I Okay. Good. Thank you very much. Good luck. Thank you.
Uh notice of intent for two Ipsswitch River Road D file number 14-1436. The applicant is Derek Botari. Uh good evening. Jay Pelitz with Hancock Associates. I'm representing the applicant in their after the fact notice
of intent for an addition uh within 100 foot buffer zone to wetlands. Uh Emily, do you mind pulling up my plan? We could you speak up a little? Yep. Thank you. Okay. So, here's the plan here. Do you mind uh zooming out a little bit? Of
course. So on the bottom side of the plan is Ipsswitch River Road. On the left side is 114. Uh to the left of the house and above the house um is BVW. The house is uh near the center of
the lot with the addition right there. Uh, do you mind pulling up those pictures I sent you to? Yep. Bear with me one second here. [Applause]
Sorry, it just takes a quick sec to bounce around here. No problem. Okay, so this is the preconstruction condition. This is an older photo. I found it from an old Zillow ad essentially. Uh where this deck is. Um so there was an existing deck there. Uh now do you mind going to
the next one? The deck was in need of replacement and was replaced generally in kind. Uh during that time uh this addition was built. Uh the addition is built as if it's a deck. It's on sauna tubes. It's um you know there's no foundation.
Essentially, the deck was closed in on three walls and a small roof area was added to it. Um, it was at this time that an enforcement order was given uh to the homeowner and we were hired to help them out with the notice of intent process. Excuse me, just one second.
What What level was the deck? Um, so the deck was multi-tered existing. You can go back. Yeah. So, it goes up to where the awning is. Yeah. So that lower section of deck is where that I can see at the lower level.
You see in the shadow I can see the railing there. Yeah. So that's where that addition was built. Uh do you mind going back to my plan again? Sorry. No, that's okay. And there was no excavation to build this. It was built on existing sauna tubes. Um I'll
have to double check that. Um I'd have to assume that it was new sauna tubes. They were I'm sorry. I'm sorry. You have to go up. Oh y just go up and introduce yourself. U good evening. Derek Retire from Twips
Rich River Road. They did do new sonic tubes. And if I can give a quick background, I know that uh Jay's doing a great presentation. I hired a contractor because it needed to be replaced. The contractor said to me, "If you don't change the footing, you won't need a permit." Unfortunately, he was wrong.
And we have separated ways. Uh, I found out that you still do need permits and still do need to come in front of the commission. Everything I relied on his uh, expertise or lack of, if you will, and that's why I wasn't here beforehand. But once I found out, I met with Emily,
I hired Hancock Associates. I hope they're doing everything correctly because if they're not, I'm I'm relying on their expertise. So, I apologize. I wasn't here at the beginning. I relied on bad information. But when was that built? Uh, so it's it's gone. It's not being built. It's still This is the way
you saw the photos. We stopped everything because we number one, we have to, but more importantly, I don't have a contractor because I don't trust them. Um, yes, sir. When was the original deck built? Oh, what with the house? 1987. Uh, yes. 1987. And Emily,
does that predate our uh wetlands bylaws? There there was a filing back then back in I think 1987 or 86 for the construction of the home throughcom and that was all signed off on and closed out and they got the appropriate building permits. So it must have been
because uh I don't think we had the 35 foot build. Oh yeah at that time. No no the ranks were different and that's probably where the contractor was coming from. He's thinking if you're going to have to build but once you're in that area you got to come and ask us. Well he explained that to me. Yes. I won't be
doing any more work. Okay, good. So, uh, just going off of, uh, hey, Derek brought us in, uh, to help us out with the to help him out with the NOI. Um, so with this, you guys do now have a 30ft, uh, no build zone, a 50ft, uh,
sorry, 30oot no disturb zone, 50ft buffer zone. Uh, this addition does fall within both of those zones. Uh most of the site is within the 50ft and 30 foot zones. Uh the existing house is within the 50ft zone. As soon as you can, can
we zoom in so we can get a better idea of the the work at hand? Yeah. Um and the entire property is within the 100 foot buffer zone to wetlands. Right. Let me know when you're set here. That's good. That's fine. So, to help mitigate um any sort of storm water
flows that are going to flow off of this new roof structure, we've proposed a crush stone uh drip edge, essentially an infiltration trench um next to the base of the addition. This will collect any roof water and it'll promote infiltration. It's sized to cut down on
peak rates of runoff and peak volumes of runoff. So, it's meeting the storm water standards. Um, and because this is within the 30ft and 50ft zones, we do need to request a waiver. Uh, per the
concom's regulations, uh, there's a disturbance allowable of 6,372 square ft. This addition is 324 ft. It's significantly less than that. Um, and we did receive some
comments from D. So, uh, the house and the addition are outside of the flood zone per current flood zone mapping. Um, later in 2025, FEMA plans to come out with new mapping. Uh, right now it's preliminary and we are showing the
preliminary flood zone on our plan. Uh, the addition does fall within that flood zone. However, where this addition was built like a deck, we are not filling any of that flood zone. So, we don't need to replicate it. uh where the existing deck had sauna tubes and
support post, there's no change in volume between preconstruction and post construction. Uh so I don't know if we want to go back to the pictures again of the um the built deck. So in terms of the storm water
permitting, are you saying you were exempt from uh flood zone regulation because you're above ground? So the first floor elevation of the addition is over 1 foot above the flood
elevation. So we're above it. And that area that's below the deck, it's covered in a skirting board, but it's built like a deck. It's, you know, hollow. There's no foundation walls blocking. Well, below the windows, it's there's nothing solid back there. That's just That's
just covered, sir. Just a plexi plastic. Yeah. Um and so let me interrupt for one second please. Um the revised flood uh levels where are they going to be on this? Um so here let me I'll show you on
the picture uh just how it relates to the plan essentially at about that elevation. Um I'm just assuming using our plan. Uh but so with this skirting board, it really won't um
stop any flooding waters. It's just a thin PVC material. However, in our latest uh plan revision, we did call out for flood openings within this um which meet the flood zone performance standards, which is for every one square foot of wall within a flood zone, you
need to provide an opening equal to one square in of that square foot. So, we're proposing a uh flood opening on this wall that you see. and then on the right side. So if there are any flood waters to come up, they can flow in and out from under that area.
If the water comes down from left to right below the stairs that I see going up um and does and I can't see that part, but is there a wall there or what's there? Um so it's
just again the skirting board. Um another skirting board. Yeah. So like it's it's it's essentially a deck that has you would see lattice a lot of the time, but you want the water to pass through under that. It will, you know, it's not into the ground. There's probably an inch or two of separation.
Um J is a gap there. Yeah. Okay. I think the bigger concern is the Ipsswitch River, isn't it? Yeah. So the flood zone is starts on the right side and works its way left. So think in terms of flooding with those openings, the water would be able to
flood in and then flood out. That's the concept of it. Okay. So, um I'm sorry, Mike, did you have any other question? Um same footprint, right, as the deck? Yeah.
No, that's it. What I envisioned I'm sorry, one last time. That's fine. Um, I I just what I asked him was aside from replacing the wood that was there from 1987, uh, just enclose the bottom deck. That's all I asked for. But make it a non-conforming room. There's no heat, no
electricity, nothing like that. We didn't want any of that because I don't want an addition to my house. I know everyone's using the term addition. I just said enclose it so I don't get eaten by mosquitoes. Yeah. That's the only thing I wanted to do. So, but it's been a nightmare since I got the enforcement notice.
But yeah, so there's a gap over here. The same wall, the white comes to that side, but there's a gap, so water can go down that way. And this is all open here. So the water can come out this way as well. Yeah, no problem.
Yeah. All set then, Mike? Yeah. Thank you. Mary, any questions? No, I'm good. Um, is there any public comment or questions? What's the cost of the work associated with uh what we're proposing
or everything in total? Not your fee, but what the I was just say the work that I am proposing um to make this compliant or what's been done so far? Well, I mean the whole thing I mean do we need a bond for this? I don't know. So the crush infiltration trends that
we're proposing it's a what did we size it at? It's a 30 30 inch wide uh 24 inch deep trench. Uh just basically a hole in the ground that you fill with crush stone. Um that's not a very big expense with it. We're proposing some straw
waddle um erosion control for when that excavation is done. Uh you know, it's very in terms of what this probably costs to get to this point is very minimal cost. Yeah. But now he's got to build it, right? Yeah. He's he's got to finish it and install that. Um and um
he's up in the air about how he's going to do that right now or uh he's there once you know I get all the approval. I'm sorry. Please just come to the microphone whenever you're speaking. Sorry. Just so that people can hear you and it gets recorded correctly. Uh once I get all the approvals and work with the inspector because the inspector
would come after this. Um yes, I there's a gentleman that uh is a contractor, but right now I'm not I haven't hired him. I don't want to hire anyone yet. I mean it needs to be completed. Yes. Uh I haven't even gone that far. This has been going on since last June when they tore it
down and uh I haven't gone to the point yet of getting someone on board, but um I have someone in mind. I just haven't signed any contract with them to do any work yet. There was excavation performed, right, to to do the the So they Yes, they dug.
Yes. And that was all within the 35. Um yes. Yeah, it looks like that would have So there's the disturbance in there. I I mean I'm I'd be in favor of a bond too just to make sure that that is all done correctly and tidied up. what would be an appropriate amount which wouldn't don't want to be punitive but a right I
mean I think like a $1,000 bond is typically what we would see for a project like this and that would cover the cost of just making sure that well thousand he could put up a cash bond right well we wouldn't the bonds get handled directly through home owners insurance we don't handle them with the
town anymore but we would just need the documentation once it's been set up is a thousand enough it's I mean you could do like 1,500 100 if you wanted to for a project like this. How's the the applicant? What you give any I'm not sure what a bond is, sir.
I'm If you don't complete the work, the money's there from the bond. Oh, I see what you're saying. Oh, the work has to be complete. I can't leave it like this. So, we'll say 15. I'd like to see a bond for 1,500. That's not a lot. No, absolutely
not. If it's just to get make sure the work gets done. Oh, absolutely. Oh, it's going to get done because I have to look at this. This is exactly It's not your fault. I understand. But no, that's still that isn't a no disturb. I look I'm perfectly fine on that because I know it will get done. Uh it's
just um ugly to look at. But yes, 1,500 that's reasonable. Okay, good. Thank you. All right, so are we all set? Board and the public. All right, so we have a number of votes to make on this uh particular item. Uh the first is a motion to close the public hearing.
Someone can make a motion, please. I move that we close the the public hearing for two switch road D file number 14-1436. Applicant Derek Patari. I second the mo Oh, you want to go? No, go
ahead. I second the motion. All in favor? I I All right. Next up, we need to grant a waiver and uh why don't we attach the the bond as part of that language? Yeah. I I move that uh we grant a waiver to allow work to be done
within the 3550 foot the no disturb no build zone uh pursuant to the project that has uh been submitted uh in connection with this notice of intent that uh as a condition the applicant before he commences any further work
will post the bond in the amount of $1,500. Okay. You kind of covered both. Can will that Can we vote on both? Yep. That's fine. Yeah. Okay. Uh, is there a second? I second the motion. Uh, all in favor? I I Okay. So, waiverss are granted for
both the the work in the 35 and the 50. And finally, we need a motion to issue an order. Move that we issue an order of conditions uh uh to allow the applicant to uh construct the addition uh at two whipsswich river road D file number
14-1436. uh with the applicant um using uh well, are we gonna have an issue with uh putting sock around socks around the the area or it's all dug erosion controls? No, no, it won't be a problem.
The erosion controls are on the plan. Yeah, it won't be a problem. Okay. Yeah, they're in the plan. Yep. Yeah. Okay. Okay. Is there any other um No, it doesn't look like No, there there really there really isn't. Mary, you need No, I'm good. Thank you,
though. Okay. Is there a second? I second the motion. All in favor? I Okay, good. Thank you. Have a nice night. Uh next up is three Leblanc Drive. The applicants are John Michael and Amanda Pizzy. Uh, and are are you representing
yourselves? Uh, yes. Tonight, yeah. Um, we hired U. Bill Emanuel, but he couldn't be here. Okay. Is he joining us online or he's not going to make it at all? Uh, he's not going to make it tonight. No, he's the environmentalist that we hired. A good feel getting up here
and venting your case. Thank you. Um, I got uh John Michael Peasy, three Leblanc Drive. Uh, me and my wife uh Amanda, we come before the conservation commission tonight to apply for a waiver
as 35 ft of fence falls. I think it's the uh falls within the 35 um the no disturb. Uh the fence is needed because we having a pool built which has which has been already moved to accommodate for the
wetlands. Um like I said we have worked with environmentalist Bill Emanuel who has advised us of the minimal impact on the environment as no trees are involved and it's a pretty clear area. The fence is being installed um along
the existing grass line and we are also prepared to add 100 square ft of uh pollinated bee garden flowers as an upgrade. And that's it. Thank you for your time. All right, Emily, can you see where the
the lines are? The 35 and the 50s. Yeah. So the Can you see my mouse up there? Um, so the 35 is this light blue line along here. Can you guys see my mouse on the screen? Okay, great. And then the 50 is this other green dashed line outside
of it. And then the fence line is this red along here along the woods. So the fence borders on the on the 35, but it it crosses through the 50. Is that Yes. Yeah. The fence line is um totally within the 50. So they don't need a way. There's no work proposed in the 35. It's
all they would just need a waiver for the 50. Uh the amount of work in the 50 is it just the fence or also part of the pool as well? Just the fence. Just the fence. There's an existing fence to that for my neighbor that we're you know attach it eventually
continue and basically and the pool deck is outside of the 50. Is that Yes. Is that correctly? Yeah. Just outside. Yeah. So here's the pool. What size is your pool? Is that Is that an ingground? Yeah. 16 by 32.
Yeah. Steel liner type. Is there any other work going on in in connection with the pool? Um basically patios. Uh basically the patio if you could see it extends about uh they got 5T but I think we're going to go with uh
4T of hardscape just um some patio blocks. Uhhuh. And then there'll be you can see the 16 by6 um that could be uh that's the sitin patio. The equipment pad actually is not going to be where this drawing shows.
It's actually going to be against the house. So and that's equipment pad being the the mechanical Yeah. pump and such. Can you just the recommendation that you can you have those plans changed? Yes. Conditions is issued. Sure. Yeah. just saves you might some possible trouble
down the road when you come back and you want just Sure. Yeah. That's the only change. Yeah, that that's the only change I did. You know, you going to narrow the walkway a little? Yeah. What was that again? You said you were going to narrow the the
patio walkway around the pool. Just the patio around the pool. Yeah. I mean it's it's more what the heartscaping company kind of is in favor for, but from what I heard I can do just the four feet. Do we Emily, do we have any regulation about
the um the water about as as far as when they pump out? Um yes, there is a a condition of draining it. I believe that it's let it Yeah. skim it and then let it sit idle for I believe it's 48 hours. I would have to check before any water can be released without any chemicals
added to it. Yeah. Yep. Yeah. So, we put that in as a stock condition for all uh pool work. Yeah. I was told a week um to leave no chlorine and then the the filter can't is not capable of backwashing. But um if the pool ever had
to be drained, it would be to the front lawn and but you have to let the pool sit and let the chlorine evaporate. Correct. Yeah. Yep. Yeah. Let it sit with no chemicals added in for um a certain amount of time before any
drainage can happen. Yeah. Yeah. I don't have any qu more questions. Okay. Mary, you have any questions? I'm good. You're all set. Is there any public questions or comments? Hearing none. Um Okay. So, our first order of business, we have to
close the public hearing. So, I can make a motion to I make a motion to close the public hearing for two Ipsswitch River Road D. I'm sorry. We're on the blank drive. Yeah. What is it? We're on the blank drive. Blank drive. My bad. My bad.
Sorry about that. Hold on a minute. I make a motion to close the public hearing for three Leblanc Drive DP number 14-1437. A second. Second. All in favor? I. I make a motion to issue a waiver to allow
work in the 50oot no build zone for three blank drive number 14-1437. Do I have a second? Second. All in favor? Hey, it's my job. That's his job. I was trying to help out.
All in favor? I um I And you ask for the second as well. I bet. Uh I make a motion to issue an order of conditions for three Leblanc Drive, DP number
14-1437 with additional conditions as discussed. Did we really conditions? Well, the condition the mechanical to the chlorine issue. Uh and the condition as to changes that you've just talked about that you changed the plan before
you start the work. Correct. To show what you intend. Yeah. Is that all right? Yeah. Yep. And I'll talk to Bill Manuel, too. I noted those changes. Um I can get in touch with him directly to get that noted on the final plan for you. Thank you very much. Of course. Uh motion to made. Is there a second?
Second. I second. I third. All in favor? I I Thank you. Okay. Good luck. Thank you. Yeah. [Applause] Uh next up is uh 24 through 42 Cherry
Hill Drive. And this is a Danver Conservation Commission file 20025-01. And the applicant is Abby Ommed. And I guess they are all with us remotely tonight. Yes. Yep. And so just give me one on screen. Thank you. Yes.
Thank you very much. Uh my name is Mike Fabiano. I'm with High Point Engineering. My personal address is 31 Wheelo Circle down here in Canton, Massachusetts. Uh on behalf of Abimemed, we are here tonight before you and on the screen too just so I can make
introductions to the other initials on screen. Uh Dean Russell is the architect of Ruckard from CI Design and Mike Hood is the facilities manager at Abimemed. Uh we've been before you before in the past for several projects. Uh but for tonight, we're in front of you to speak
about a uh request for determination of applicability um for a project located at 2442 Cherry Hill Drive. Um Emily, if you don't mind, there's one of the plans, unless I can share my screen. Uh, one of the plans, the PDF is the cover
sheet to the uh to the site plan packages to orientate the commission to the project. Sure. Absolutely. Just give me one second. I'll pull that one up because I have the preliminary plan and then I also have the exhibit. So, you're looking for the preliminary plan. The the preliminary plan I think has the the first page has like the aerial with the
hatched off area just to orientate the commission to the project. Maybe zoom in on the color right there. So the uh so it's 24 Abby Med controls and owns two buildings on Cherry Hill Drive. The large rectangle building is 22. The the
project we're proposing is located at the 24 uh 42 Cherry Hill Drive address. Basically there's a uh a limited site improvement project including of a uh facade improvement that's going around
the 2442 building uh in different locations. Uh we were advised we met with uh with Emily were advised that um she thought we agreed that an RDA was appropriate for the type of work that is being proposed. Um so we have filed that
application. Uh the uh the DPW and engineering department have reviewed there's a stormwater permit that's requested since this is a commercial project. Uh so a stormwater permit is going to be filed uh tomorrow morning. Uh and we also filed a waiver for work
to be conducted in the 35 and 50 foot uh buffer zones. Uh so I can explain uh the project. Emily, if you wouldn't mind moving to the color plan of the RDA exhibit. Thank you very much. I'll I'll kind of run around the uh kind of top
left clockwise around the the zones. The the top left. So in color, the uh the green area is the wetland resource area. uh whether it be the stream channel that kind of bifoccates the 22 to 24 42 areas on site. There's a a drainage channel
that uh that runs left to right through the property that drains a wetland resource area to the back and and moves that that water over to Cherry Hill Drive and then the back lefthand corner there's a a large wetland area where water comes off the airport property moves around around the property through
that stream channel. So the green area is the the wetland resource area. The red line is the uh 35 uh no disturb zone. The 50T is the orange line and the yellow line is the 100 ft buffer zone.
So the uh the left hand side, the top lefthand corner of the screen is is a patio improvement uh project with uh most of this project that you see before you. Really all of it is tied to uh either moving people around uh through
sidewalk work or improving uh culture with the growth of the of the company and producing some outdoor amenity space for Abby Med employees. There's no uh there's no building expansion that's being proposed, but all the work is is site work that's tied to uh more or less
uh concrete flat work and and impervious pavers and whatnot. So the upper leftand corner is a uh a pvious paver patio area where you can see most of the work being proposed is outside of the 50ft zone but inside the 100t buffer zone. There's uh
there's some limited work that's being proposed in between the 35 and 50 uh and then very little work that's being proposed inside the the 35 ft zone. Uh this area is all area that's previously disturbed and improved on the Abby
campus. There's a a driveway that's the service driveway that moves uh both passenger vehicles as well as a trucking service from Cherry Hill Drive to the rear um going into the service court area. So all this work is being proposed is uh is above that service driveway uh
in a grass area that is in between the curb and the and the building. Uh the middle screen inset uh this is in the back area of the building. Excuse me. Yes. Could we could we just take a step back and just see where all this
proposed work is on the the the overview picture you have two buildings? Sure. I don't know if I can uh I don't think I can point on the screen, but basically all so as you as you orientate to the area that's hatched the
um uh in the front of the 2442 building where just below where your uh your cursor is, Emily, if you go to the uh bottom side of the building, keep on going down. This is where the that patio is being proposed in that grass area.
Uh basically right there in that green that green area is where the patio is being proposed. So there's a the building there's a grass null where the patio is being proposed. There's a service driveway that moves the vehicles that's bifurcating this project from the resource area. No work is being proposed
uh on the on the down side of the service driveway that is adjacent to the to the resource area. So all the work is above the uh the pavement area. There is uh there's work being proposed all the way to the end of the building. If you
move your cursor all the way to the left, there's a there's currently there's a uh a driveway um ramp that exists out there to the right in that corner of the building that's being modified into a staircase with pvious papers with a walkway. If the commission
recalls, uh there is a uh a pedestrian bridge that was proposed, approved, and constructed that crosses the resource area. There's basically associates that work at Abby that are moving between the 22 Cherry Hill Drive address, the building to the bottom of the screen,
and this building located at 2442. Um, so this new staircase and uh and walkway is being proposed in order to make it easier for people to move over that bridge that was previously approved and constructed uh to get into the
building. And then there's uh there's a small sidewalk project that's on the north side of the building uh closer to the airport where we're just removing a sidewalk and it happens to be in the buffer zone. Um, so maybe if we uh if we
go back to the RDA exhibit. Thank you. Uh, and maybe zoom out a little bit so the commission can see the whole the whole plan. Thank you. Uh, so the left
exhibit, the left inset, the top leftand corner is the patio area that's in the front of the building that's in that grassy area. The middle inset is the walkway that kind of connects the the uh pedestrian corridor that comes across the pedestrian bridge to get into the
back corner of the building. We're proposing that small pvious uh pvious paver sidewalk with a small staircase that's removing the uh the ramp structure that's there today. The uh the small purple rectangle on the right hand upper right hand side is in the rear of
the building. uh it's located in the buffer zone, but we're removing a sidewalk and replacing it with grass uh in that in that grass area. And then the the lower two insets are also part of the project. Uh but the all the work
being conducted in these areas are outside of the 100t buffer zone um but still on the campus and and part of the project. We just wanted to show what the work was and how it related to uh to resource areas. U before I uh before I move on if the C
commission has any questions since that's more or less the uh complete your presentation and then we'll we'll ask okay thank you thank you so I I think the uh the intent of our submission as a
request for or negative determination uh is based on the fact that we believe uh that the the the limited amount of site work that is being proposed within resource areas but in previously
disturbed areas as it's separated by pavement and driveway access uh and the nature of the work that it was appropriate to request a determination of applicability versus a
notice of intent. Uh we have subsequently submitted the waiver request for that limited work that you see in the uh the 35 ft zone and 50ft zone. And just recently we were advised that the DPW and engineering department
were requesting a stormwater permit based on the applicability of this being a commercial project. Um so we are uh planning on submitting that permit application tomorrow for the stormwater permit. Uh so with that, that kind of concludes
my presentation. Be happy to answer any questions and seek that the commission finds in favor of a negative determination. Thank you. Okay, great. Thank you, Mike. Any questions? Uh yeah, before I do, um so Emily, they're looking for a negative determination of
applicability, but they're also looking for waiverss. Yes. So how how do it just seems in congruent that we we're saying it doesn't apply but then we have to grant waivers. So in a sense, right? So we do have to grant a waiver because
some of the work that they're going to be doing is within those buffer zones. However, they're actually creating more um pvious surface. So they're improving the areas um and they aren't going into there's not going to be any further disturbance beyond what already exists there. So that's where the waiverss are
needed, but we didn't think that it hit the level where a full notice of intent would be needed because there's no no further disturbance that is being requested and no further disturbance would be approved with this. Right. So um first question, so why are you doing this?
Uh the the the reason why uh the project is being um proposed is that Abby as a company is in a growth stage. there is a need to provide additional amenity space for the
employees of the company. They're uh you know over time with the purchase of the 2442 uh building uh they are uh they are taking over more space that prior that was a leased building with other users and it's now it's becoming more of a
abimemed space uh from the last couple of years there's been um continuous improvement with the property use the word culture because it's really tied to amenity and you know the purpose of this project is to provide better amenity space for employees. Uh as Abby starts
to hire, there is a uh and they've been hiring. There's a need to provide uh you know better amenity space. There's improvements that are going on inside the buildings. But this project this, you know, you can see on the uh this for this project and what's on the screen,
um the two left insets, the the patio area on the upper leftand side and the patio area on the bottom left hand side are basically outdoor amenity spaces for uh the employees that work at Abimemed. Uh the other improvements are basically people moving improvements that are part
of the overall facade improvement to uh improve ADA compliance in and around the property and and just make it a better walking experience as Abby Met employees move between 22 and 4242
um back and forth. So make it more attractive for prospective employees and existing employees. But it seems to me two or three years ago, maybe longer, you came, you were going to do a project which was I think
uh stations with challenges uh I think different stations. Did that ever get done? No, that did that got built and has been used many times. It did get there was all right, but there was another project out bordering on the out through the woods like they were
different. Yeah, I remember that one now that that that did get built. There was another one if we went back there was board. There was another one that it was a um there was a there was a project that was proposed that was on the hill closer to the airport. It was going to be an additional it was going to be an
outdoor amenity space that was um um it wasn't a shed complex. It was basically going to be a meeting space in the outdoor area. But what what ended up happening was uh not ownership but leadership changed
inside of Abimemed and the vision of what Amenace meant for the company um just you know it was modified over time. So that project was was uh it brought all the way up to the point where it was about to be constructed and then
leadership uh had a change of position about what they thought was important or where they were spending their uh their dollars and that project was was abandoned. Yeah. So, but the but the leadership training course uh sorry to interrupt the leadership training course that was a uh there was circulation
around the 2442 building and then there was a leadership training course that was on the other side of the wetland system uh in the woods. recall that was also a determination um a request for determination of applicability where um that was very successful. That was it
was a great construction project. Very little disturbance and was highly um you know the the project was a success both in construction and in the uh the usability of that course and that was closed out
that the closed out constructed certificate of compliance was obtained. It was a it was a negative determination of applicability. So there was an order conditions imposed. Well, it seems like Abio Med's good to their employees, which is nice. Um, is the work you're
doing, are you going into newer areas of the 35 or the 50? Are you staying within the existing areas, but just reducing the impervious? We are we are staying in existing improved areas uh and not creating any
new further disturbance in the 35 ft zone. I mean, we can zoom in a little bit if you'd like. Uh, but you can kind of tell on the the the top left hand side of the screen where the red line is, which is the 35 ft, there's existing curb line um that's out there. So,
there's there's no there's no sight work that's of a disturbance that's in between the 35 and the green uh uh jurisdictional line. the middle inset that's in the back side of of the property. Uh what you see is below the
uh the red line is striping that's on pavement. Basically, it's you know painted uh um you know compliant striping to to have pedestrians navigate over the pavement. So no no disturbance on the uh you know on the grass area.
the existing sidewalk that's in the grass area that's inside that disturbance was part of an application uh that was before you a year or two ago. It was part of the the bridge application to uh um that's not this was already previously completed. And then all the other work that's proposed is is
outside that you know the the purple rectangle on the upper right hand corner is a is an existing sidewalk that's being removed and being replaced by grass. Uh so in you know removing impervious and creating additional pvious I have no further and that's on
the outer boundary of the the 100 foot buffer. Thank you. You're welcome. Okay. Thanks Mike. Um Mary any questions? I'm good. You're all set. Uh is there any questions from the public? Mr. Brad Street Bill Street town meeting me
remember precinct one. I know there's a lot of work done at Cherry Hill. There was a a piece of property up there that I recall there was an issue with the a stone wall that had to be moved. I'm not sure if it's this site or not. Does that
Does that Can you remember anything like that? That that doesn't sound familiar. How far back, Bill? I don't know. My memory only goes so far. Sorry. Well, the applicant know fragments. There was there was a stone wall. I
don't I don't know for sure. There was a stone wall uh that was in the middle of the woods that was closer to the airport that was I think it might have been in the 100 foot buffer zone. uh that was out there but there's no
there's no work was ever completed in that area. So that this project does not propose anything in that area and that project never proceeded. Um, so I the only thing I think about stonewall wise was that the only other stone wall
that's uh was ever part of any abimemed submission was the stone wall that that separates the abimemed property that's on the furthest western side over where the leadership training course is in the woods and the property that's adjacent.
And there was an existing stone wall that was back there. there's a pathway that went out uh into that area and you know there was no there was no work done to the stone wall there was no modification there was no disturbance it just was an existing stone wall that was part of a discussion as I recall that
was probably like I don't know four years ago 5 years ago so the stone wall is still there yes yeah that answers my question okay now now we talk about do we remember the stone yeah uh anything
No. Uh okay. Um my question is uh say we we uh if we do issue a negative determination of applicability yet grant waiverss for work in the 25 35 and the 50s where is
our assurance that this work is done properly and uh good question. What control do we have at that point? Sure. So, you can still put conditions on negative determinations. So, you could put in something like a six-month progress reports and check-ins with conservation commission if you want to
do that um for updates on the project. And we'll be going out regularly just as part of our routine. But if they're not doing what we want and we've issued a negative determination, what hours do we have then? Um I mean, if they aren't following the plan, then they're in
they're in violation of the approved work associated with the plan. So, that could be an enforcement order. You could issue an enforcement order on a negative determination. I believe so because it's still doing work that wasn't approved by the conservation comm. So we could ask
the applicant to come in and come before the board and discuss what's being done outside of approval and then say now we need a full notice of intent um are you certain of that Emily or do you want to check? You need to I would need to double check on that, but I do think that we still have some leverage
and there could be a condition of check-ins and guarantees that the work is going according to plan. Um I kind of want some assurance. Okay. Uh so I'm kind of thinking that we ought to continue until we find out you know
just what okay what the ramifications are if the work is not done properly. Okay. Okay. Or you mean when we issue a negative determination or they could just go what leverage do we have left or they could just go through an order of conditions. So it's up to in other
words, can we revoke that? Well, revoke the negative. Yeah, we can't. Well, can we? I don't think so. I can those are good questions because we don't always see this, but I mean, are you planning on starting your project next week?
the the the work is is ready to commence pretty soon. I don't know if it's next week, but it's it's in the next uh few weeks. How about you know, so it's a building. So if if I may, if the commission would would entertain my um some discussion on this matter, uh the
the commission and the town has authority as the authority having jurisdiction in this buffer zone. So whether it's a uh determination of applicability or a notice of intent, if we're reporting on it and the commission feels through the building department or
the commission that something wrong is happening, you know, there could be a stop work. It's just I think the commission has the authority to do that along the way. We have no problem making uh reporting on a weekly basis um to give a comfort level, you know, through
Emily's attention through uh through the board's review and our submission of reporting that the work is in in um you know, in complete compliance with all the rules and regulations. Yeah. Well, notwithstanding what you're saying, we want to continue for two weeks
um because we're not sure. Yeah. We just want Emily to check this to see what uh what we have to fall back on if it's not done properly. So, why don't we just uh we're going to vote to continue uh if the board agrees. Are you you okay with that?
It doesn't matter. It's two weeks. Uh I don't know if uh if Dean, you're online. I'm not too sure what the schedule is and and how that may be impacted. I mean, two weeks I don't know that is a is a significant problem. Um, I mean
it's it's the will of if I may speak up. If I may speak up, this is Mike Hood from Avenue. Hi. Um, the two the two weeks is not going to impact us. We're fine with the two weeks. Okay. There you go. All right. Thank you, Mike. So, if someone can make a motion to continue
this to our When's our next meeting? June 12th. June 12th. Go ahead. I don't I don't know what to say. Go ahead, Mike. All right. I'll make a motion to continue the applicant's request for a determination of
non-applicability to our next meeting which is June 12th. Yes. Uh so that we can obtain some further information um as to the um effect of the uh determination on our ability to uh
oversee and compel the work. Is there a second? Second motion. All in favor? I All right. So, we'll continue. Thank you for your understanding. Okay. June. Thank you very much. Appreciate it. Good evening. Old or new business? Uh to
be honest, I've not read the minutes from May 8th. I haven't either. So, we will not be able to vote. Okay. No problem. Um is there any other business? Uh how are we doing recruiting a new member? I know Mike's been active and Yes. Yep. So, I have been emailing with that
woman. Um, she said she does want a little more time, a few more weeks to think about it and see if she can really commit to it before she um, comes on. I spoke with her at town meeting and I think she's Yeah, almost there. Yeah, almost there. So, but we're still actively searching. Yep. Actively out
there. Okay, good. Okay. Have we have a motion to adjourn? I second the motion. Well, do I have to You have to make the motion. I'm not doing anything. I make a motion to adjoin adjourn today's meeting. Second it, Mike. I second. All in favor?
I I Okay. All right. Good enough. Thank you, guys. And my wife got elected vice president