Okay. Uh going to call the D and Conservation Commission meeting to order. This is December uh 18 uh 2025. And would anyone stand please for a close to the United States of America and to
the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Okay. This meeting is being uh uh recorded and televised.
Okay. Our first uh item on the agenda is an application from Kyle Rebello Farm Estates on Zero Milk Street and Zero Council Way uh for the construction of a 26 lot subdivision with associated
roadway. Okay, >> this was just sitting. I want to add that uh we have a uh member in attendance by uh uh audio.
We can hear what he's saying up here on the phone. Uh he's unable to attend uh personally. >> Excellent. Uh good evening. David Kelly with Civil Environmental Consultants representing the applicant Carl Roello of Bel Farmer Estates.
I hear uh since we were here before you, um there was a comment from Western Samson to provide some additional documentation. The wetland appendix B. We had uh Venice, sorry, our environmental consultant prepared the
appendix B wetland wild the wildlife habitat study that was submitted to Weston and Samson. Wes and Samson provided us with a couple of comments about two three weeks ago. We caught back. Um we provided that to the commissioners Wes and Samson last week.
Um their comments that were outstanding regarding the submitted materials were basically just looking for additional information on what was submitted with the wildlife habitat study. Um they weren't exact looking for like new information. They just wanted some additional details to be provided from
our findings. So we have updated that wetland the wildlife habitat study. We provided uh those updates in the response letter. We provided the updated wildlife habitat study as well. The long and short of it,
the wildlife habitat study did not find any significant habitats for any rare um species or vegetation out there that was very well documented in their um plots throughout the property. Their evaluation forms are completed
describing what they saw. that that kind of addresses the wildlife habitat study. There were a couple of comments that were brought up regarding the plans themselves. There was a notation about the amount of wetlands
being altered and that was clarified. That note was removed from the plans. There was um a request to have calculations shown on the plans isolated land subject to flooding calculations for the four locations within the property. Those were added to
the plans. So those two modifications to the plans don't change anything from the design scope or anything of the sort for the plans. It's just some additional information added. Um there were still a couple of comments that we needed to then discuss with the commission.
Um, one of them being that we are proposing some work within the 25 foot no touch, but the only location of that work within the 25 ft no touch is for the wetland crossing. Um, as right we can all determine if you're crossing a wetland, you have to do work within 25
ft of it. But we are not actually altering the wetland at that crossing in the location of the work within 25 ft of the wetland. So I think that's kind of a a point that we've all agreed to as part of the numerous meetings that we've had regarding this uh this project.
Um there was another comment raised um we had provided some of the area calculations for how much work we're doing in the various buffer zones between the 100 then 50 and the 25 and it was brought up by Weston Samson that maybe there should be some sort of a mitigation for wetland clear for buffer
zone alteration and the thought on that from our end was since the intent of these plans is specific for the roadway the roadway age drainage and the construction of the roadway that any work in the buffer zones we could and
any mitigation within the buffer zones we could handle on the lotby-lot basis as these lots will all I think all require separate notes and intents for their septic systems the development of the house driveways etc. So when we come back for each individual lot, when we
know the exact configuration, how the driveway is going to maneuver on the property, where the house will sit, where the septic system is going to be, we can then determine uh like a fenced like limit of work on the property that most that you generally like to see where we can put, you know, posts with
plaques on them and then that would determine the maximum clearance within the buffer zone at which time we would then be able to provide quantitative uh mitigation within the buffer zone on each property. I think that's probably a cleaner way to do it. Um because then that because each plot is going to have
its own NOI, its own order of conditions and then they can be maintained lot by lot. So I think that that's our stance on that comments from Western Samson. Um they just wanted to again reiterate
uh that one isolated wetland that we are uh filling in the 1240 ft that Z series. Which comment are you on now? >> Sorry, >> did uh under new comments? >> Okay, >> it's the It says applicant provides information to support their case that
the impacted wetland provides limited functions. They defer to the commission and uh I think we've talked about this item numerous times that it is a very small isolated wetland. It's not connected hydraulically to any of the other resource areas on the property. Um
>> is it connected to groundwater? What >> is it connected to groundwater? >> Connected to ground. >> Is it hydraologically connected to groundwater? >> There was no standing water observed >> at the last time it was the folks were on site and I believe in the packet that
we provided. There's photographs of the Z series without any water in it. Um and then the two to I think it's almost 3 to1 replication that we're providing on site would be a more uh useful uh
resource area that we're adding uh as part of the replication. It'll be connected hydraulically too. >> Is this the 7.1 acre section of wetlands that you're dealing with now? >> No. 7.1 is acreage that's going to be cleared in the buffer zone. 100 foot
buffer zone. Okay. >> Um, so that I guess just to close that comment out, the the small 1,200 foot isolated wetland, we're going to replicate that at a 2 and 1/2 or 2 to one, I can't remember off top of my head the number adjacent to an existing much
larger wetland system, which will then uh create a more substantial and significant resource area. I've already talked about the wildlife habitat assessment modifications. So you're going to you're going to replicate a isolated wetland into a BBW.
>> Correct. >> Okay. Because technically a an isolated wetland should be created as an isolated wetland >> creating but from a resource area and
a resource area that has significance. If we were to just create a small isolated wetland in an area that doesn't have other characteristics for res for a resource area, it's not going to help the the habitat and the functionality. It's just going to be a
small deserted >> well not necessarily. I mean isolated wetlands do provide some functions and values and if it's created properly it would you know the the intent as we've had we've been
shown pretty much all >> now all these comments that you know you are responding to a lot of Western and Samson's uh comments and yet they have not had uh a chance to review what you're
saying. You're just telling us your response and they are not getting the chance to review what you're saying. Am I correct? >> Uh have they we I'm just waiting to hear from Lisa if they have responded yet. Have responded yet?
>> They have not. >> No. >> Okay. No, I just want, you know, you're you're telling us and yet we rely upon them as well to um guide us in what
you're saying and um uh Okay, continue. >> No, no, that's pretty much the end of it. My my intent on describing all this to you was just to show >> No, I I understand that. And yet uh uh uh I don't want to go so fast. We want
to get everything right and I don't want to go so fast as to all of a sudden jump the gun on on what they may offer us. >> Um now were you going to do a revised plan on what uh you have told us? >> Everything that I'm talking about now
has been submitted. >> Uh Lisa, you have that's >> I don't have paper copies. That's >> not electronic. We have I don't have any paper copies to put in front of you, but >> Okay. All right. And And does Winston
and Samson need uh paper copies or can they go electronically? >> I think they just they're fine electronically. >> Okay. All right. So, okay. So, we're going to need copies of of your plan and uh and a chance for Western and Samson to to review
>> and call out the any changes. Maybe just do a cover sheet with the changes to the plan. >> So that's that was all submitted. >> Like what pages where I could find the edits.
>> Sure. That that'd be very it's literally two changes to the plan. It's an addition of a table and the subtraction of a number. Everything else was that was referenced and being revised was part of the um habitat study. The plans themselves did
not have any. >> Okay. >> So yeah. So have you spoken with the applicant about the um item comment number number 14? Um,
and their stance is that they want to they want us to review any enhancement plantings under each additional lot that's filed. >> I talked to the applicant about that. >> Yeah. >> Yes. >> Okay. So, that's going to be his response if he would like to do it that
way because at this point we're reviewing this application that's showing seven acres. >> That's that's what our response is worded accordingly. just because that they alteration that's shown now is again for was done for the design of the
subdivision holistically the storm water drainage etc. when we get into lot by lots those limits could actually reduce right they're not going to increase but they could reduce so that I don't want to start tossing around numbers when we get lot by lot now is this uh uh revised
plan that that you're submitting is that going to require a um acceptance by the planning board >> correct the >> okay all right no that's you know I'm just uh giving objections who are asking information.
>> So, at our last planning board hearing, they closed and approved the subdivision >> as with the new information that you're going to give to us. Well, you gave it to electronically, but we don't have it. >> Correct. It's literally just a table that was added to one sheet and a number was
>> other plan. >> And so, the planning board um approved the definitive subdivision and the special permit with their conditions. The conditions have all been have been issued as well. Um Dave, you have any questions or
>> um so we're going to have 26 individual NLIS? >> Would it would they all require NLIS? >> Well, you know, just >> there might be some there might be some out of the uh
all these house lots what minimum of a half acre >> 30,000 ft. Correct. >> Yeah. And uh are they all complying with our 50 foot no build? Correct. >> Okay. >> So at least some of them are going to require NOIs.
>> Correct. Any of the ones that have alteration within the buffer zone. Yeah. >> Are going to have NOIs. >> Yeah. >> So it it's >> well that's usually the way it is. Some some you might have uh no need to. >> Correct. >> Okay. So any so any of that alteration that we're we're speaking about in these
calculations would then be covered by those individual NOI. >> Well um so the proper zone alterations that we're talking about here which is Weston and Samson comment 14. Um
so you're proposing to clear 7.1 acres in the 50 to 100 foot buffer zone. um 1 acre in the 25 to 50 foot and 5,000 square ft
or 12 acres in the 0 to 25 ft buffer zone in our 25 foot no touch totaling oh 8.2 2 acres of clearing within the 100 foot buffer zone. >> So it's over eight. Um
and Weston and Stansson's comment is this is a significant significant amount of claim of vegetation in jurisdictional areas and we may wish to ask the applicant to explore mitigation options. Um so have you thought about anything
else like invasives management? The invasives management is is >> as an enhancement item >> is discussed in the habitat the habitat assessment document about managing and removing invasives. >> There's a plan to do that.
>> It's the description of it in the habitat just states that any invasives to be removed are be to be done so um carefully and cautiously to prevent the spread of the invasives. But have they been identified on the site is what I'm
asking. So >> no, we have not done that. The the good the intent was to provide I mean this is this is just buffer zone. It's not resource area alteration. So the intent was to provide as much buffer zone mitigation as we could on the individual
lots during the NOI uh approval process for the individual lots because if we were to start providing additional mitigation throughout the the property at this point in time without knowing the actual designs of the individual house lots, right? Because they're going
to be very specific because the septic systems are basically going to drive the locations of the the development of those individual lots. putting pre-planned mitigation in likely is going to be isn't the most effective way to do it. So that's that's why we wanted
to do that on a lot bylaw basis. >> Okay. Now, from what you're saying, every lot will have a septic system rather than a communal disposal system. >> Correct. Every lot will have an individual septic system. It will be an
uh innovative alternative system as specified by the pling as required by the planning board which means it's going to reduce nitrogen levels down to below 19 milligs per liter at the discharge which is in reality going to be closer to 10 milligs a liter. Um so it's the effluent coming out of those
septic systems is going to be very very clean. >> Okay. Uh you have any other question replication area you know what I mean? It's >> I can see it on paper. >> It's >> just where it is and how it's going to
be set up and >> monitoring. >> 8 acres is pretty good size. >> Well, 8 acres is the enhancement. >> Well, yeah, but I mean, like I say, >> Oh, no. That's going to be coming. Uh, >> yeah. Well, >> we're not going to close this tonight. >> No, I mean, like I say, without seeing
it, I'd like to know which way it's going and what's going off, you know. That's all. It's >> just, >> you know, you say you're going to do this, but then you get to another lot and there's an issue. Well, can we >> add a little bit more on the corner or
move this end over here? You know what I mean? I don't see any paperwork here. >> Like to see the big >> that that's going to be coming. Uh >> Oh, I realize I realize that, Jim, but that's just one of the things that I'm curious to see. Okay. Can I provide just
a clarification on that? Just because We're not. So there's wetland replication for the disturbance of the actual wetlands that's provided showing plans. That's been detailed all along. >> We are doing work within the buffer zone. The work in the buffer zone. >> Can we back up though? Can we talk about
the wetland replication first before we move on to that? >> Oh, >> yeah. >> I was just making sure that it wasn't being said that there's 8 acres of alteration of wetlands happening on the site. It's >> No, you don't know. You're going to you're going to be in the buffer zone.
>> Correct. >> And you're not going to be like outside the 100 foot. You're going to be in the 50 foot and 25 ft. Correct. >> The only location we're within the 25 ft, excuse me, is for the actual weather crossing >> which we're spanning. We're not going to be altering that.
>> Okay. Um >> so c can we talk a little bit about the um the replication cuz they're proposing to replicate fill in an isolated wetland. Isolated vegetated wetland. correct
IBW and recreate it as a BBW. So it would be adjacent to another wetland that's bordering on the stream. Would you guys be accept before they
leave today? I would like to be able to tell them if we would accept that or if we want to see it as we created as an isolated and where if so where is that going to happen? >> Well, whatever it is is going to have to be shown on the maps.
>> So that would be >> um Okay. What what is uh your thoughts on either making that replication of an isolated wetland to a new one or are or attaching it to an existing
wetland? Can I comment real quick on that? The the wetland replication area has been shown as attached to an existing BVW since day one. Weston Samson has approved that. They have commented on it. We have provided comments back on
that, >> right? >> And so that that there's nothing's changed on that in in >> several several months. >> They've also stated that it's up to the commission to determine if that's acceptable. >> They're they're talking about the buffer zone alteration, the wetland replication
itself for the actual disturbance of the wetland. That has been that is been reviewed and determined to be adequate in the location and size shown. How large is this isolated vegetated wetland?
>> 1,200. >> 1,200. Okay. >> And we are replicating >> So that's uh >> 30 >> roughly the size of this less than the size of this room. >> And we're replicating over 3,000. It's a two and a two over a two replication. So
>> no, you know that would be acceptable. Uh Dave, what are your thoughts? >> Long way to go >> and it's it's well detailed not seeing. >> Yeah. Yeah. We want Yeah. I It's
difficult at times not we don't have the paperwork from you. >> I know it's it's been on the >> Let me just Is there anyone in the audience that questions? >> What about Bill? I'm >> gonna ask Bill. >> Oh, Bill. No. >> Do you have any questions?
>> No. No. I'm good. >> Okay. Uh, anyone in the audience? >> Okay, Nancy Nancy Gulard, Storm Water Committee. Um, I've been away from this project for a while because I know other boards looking at it. Has it cleared planning
board yet? >> Yes. >> Okay. So, now it's at your stage. >> Okay. So, I'm going to request a copy of the latest response from Weston and Samson. Um the uh involvement of the planning board
does involve some storm water controls uh over as far as the permitting in that goes. However, planning does not have uh onboard staff to do site inspections and uh site visits. So I just wanted to
let the uh representative for Bell Farms know that there will be costs incurred and I will talk to uh Lisa for the concoming board. So whatever information is
required uh through Weston and Samson we will share. Yeah, >> the cost for that will be uh the burden of the bell farms for that. And once I see and have a chance to talk with Lisa and Carrie and figure out what we're
looking at for a scope, >> yeah, >> um we will be in touch with Bell Farms and let them know. But the obviously site inspections and site visits for storm water oversight will last the entire length of the construction of the
project assuming it goes ahead. >> I'm getting a head nod ahead of time. >> Okay. And if you give me your email, I will email a copy of the latest storm water terms and conditions that are um were just generated
completed by Weston and Samson that are standard boiler plate for all uh projects involving storm water issues. Okay. >> Okay. Thank you, Nancy. >> Uh okay. Um, now I do not know. I mean, it's it's a
some of your material has to go back for review to Westland Samson. Uh, I don't know where uh the fees are and if they're up to date, if there's if there if it is sufficient or not, but it's something to you're going to, you know,
you'll have to deal with and um then we'll go from there. So, um, if we take it to, uh, continue this to our January 22nd meeting, uh, 2026, uh, you'll have all those maps in to us.
Uh, Weston and Samson will will have had a chance to review any additional comments that you have made and then we can go from there. >> January 22nd, did you say 22nd or 26? >> I said 22nd. >> Okay, great. >> 2026. Okay.
We all set with that then. >> Um, just to clarify that, do you want paper copies of what I submitted to you last week or do you want me to wait till we hear back from Western Samson and then give you if they want anything paper copies at that time? I'm just trying to save the paper for everybody. >> Yeah, I know.
>> Yeah, save a tree. Don't cut down that last tree. >> One copy of the set would be wonderful. Um, so, um, I was just reading through the invasives, um, reporting how they did some veg plots out to determine
invasives at the site. Um, so realistically, um, so it stays prevalent in each ecological community. Um so realistically
the contract would most likely come in and clear cut right because you have to regrade the whole pro the whole area correct >> for the area required for the roadway development. >> Yeah. >> Okay. Um
have you staked out the road yet? not in a long time. >> Okay. >> But I know that there have been sidewalks. >> And again, the the lay for all intents and purposes, the layout of this project has not changed, at least since I've
been on board, which is just about a year now. Uh we shortened one of the culde-sacs, but for all intents and purposes, the roadway has been where it's been. So, >> and then my other question for you is um because we are in a water protection zone, segregate
water wells, somerset wells are there um the septic systems. Did you already go to the board of health? >> So, we've had extensive conversations with the Somerset Water Department regarding being located in zone two of
their well. That is what drove us to um reiterate the fact that we are going to use the AI the IIA systems for the septics for all of the part for all of the parcels to keep the nitrogen levels down below thresholds. Um it's part of
the condition from the planning board that they are to be the IIA systems in perpetuity. They cannot be changed into conventional systems at any time. Um each septic system has to go to board of health for individual approval. That's noted on the plan. that was noted on day one. Um, so
>> can can you just spell out the IIA so the guys understand what you're talking about? >> Innovative alternative. So I think I think I discussed this with you real briefly. I'll I'll keep this short. Typical septic system goes from your house gravity into a septic tank, right? And then it's either pumped or goes
gravity into a leech field with like 4in perforated pipe into stone, right? And then that's it. That's that's your treatment. There are a slew of innovative alternative systems out there. There's a Presby, there's a Well, my head just went blank. So, >> we learned about some of them from
Proline recently. >> Yes. >> So, the ones that we're planning on using are >> this Fuji >> Fuji system, >> the I I I was caught off guard with that question. So, the the manufacturer we're intending on using is basically a
filtration system that goes into the septic tank, right? It does all the filtering and all the cleaning and it gets in, you know, has to be inspected by the manufacturer twice a year. It's got to go, you know, the whole all the inspections, all the cleaning. But it's what's good about
these systems is if there's to if they test the water coming out of the leech field and it doesn't meet standards to clean it to fix it, you just pop the devices out of the tank. You clean the filters or put new filters in, new devices in, and then voila, you're up and running. There's no excavating of the leech field. There's no
reconstructing anything and everything is monitored and controlled uh both by the manufacturer and by D. There's reporting that has to happen. It's all tied into the HOA. So the the belts and suspenders on making sure that these systems actually discharge an effluent that has
a very low nitrogen concentration is >> how less than 19 milligrams per liter. >> Now you have had contact you said with Somerset water. Do you have written contact like their approval? I'll say their
>> Can we get a copy of that? >> Port of health has that information. Sorry. Sorry. Sorry. Planning board has information. >> Yeah. Okay. you know, just uh you know, because that is a uh a major uh recharge area for for Somerset
>> and that's that's the storm water system was designed uh in accordance with being >> No, I I I understand that. >> Oh, just kind of just summarizing the septics were as well so that to ensure that what we're putting back into the ground doesn't impact the nearby well.
>> Okay, I guess we're all set for today then. >> Is there >> Thank you. >> Right. So, I'll give you a paper copy of what I have now and then as soon as you can get back from Western Samson, we'll >> Yeah, we Exactly. Just bear with us because of the holidays and you've
already seen what the snail's pace is I work at. So, >> sorry. >> Is there a motion to continue to January 22, 2026? >> All in favor? >> I Okay, see you on the >> Thank you all very much and a happy
holiday. Here you go. here. You're welcome. >> Okay. Uh, next on the agenda is a notice of intent uh from John Paul Rossy of Zenica. Uh, that's the Elm Street uh uh
pond in the DM. Uh, Lisa, that has been uh requested for continuance. >> Yep. They've continued to our February meeting. Um, >> February or January? >> They continue to our February meeting. >> Okay. And what date is that? >> Hold on one second.
Lift that up. Run. >> It's going to be around the 20th. >> Yeah. 19th. >> 19th. >> Yep. >> Okay. Um, is there a motion to continue uh this hearing until February
19, 2026? So moved. Second. >> All in favor? >> I >> I >> and uh Paul voted on both of those. Uh let let it be noted uh that he gave his approval.
Uh okay. A notice of intent. It >> wasn't Paul. It was Bill. >> What? >> Bill. >> Oh, Bill. I'm sorry. People call him okay. Next we have an applica
application from uh Tyler Guch 553 Center Street. Uh, and this is to uh um to demo existing trailer home cons uh and construct a four bay garage with
associated parking with utilities. Um, no one's here for that now. Have they requested a continuence? >> Correct. And they um filed with the planning board. Uh the goal was to file concurrently, but they didn't. So now
the planning board is requesting review peer review as well. So hopefully they can do it concurrently and save the applicant some >> So is this going to be continued to January or February? >> He continued to January. >> Okay. Is there a motion?
>> So moved. >> Second. >> All in favor? >> I Okay. And >> Bill, I'm going to put a plan in front of you. I'm sorry you can't see it. >> Bob's going to do that.
>> Is that Is that a good place for it? >> Um Jim, is this good where he has it? >> I can slide. >> Yeah, it would be good. Closer. Can you just go closer? >> Yeah. Yeah. >> And then um >> Okay. All right. Uh, next on the agenda
is a notice of intent application from Steve Pacico for a new single family dwelling attached garage and proposed work associate associated at uh, uh, William Street, Zero Williams. A portion of the project falls under the
jurisdictional wetland has a file number 17-532. Is he within the >> uh what was that? Able >> was is he going to be building in the hunter? >> Yes. >> Yes.
>> Y um but it's a 45 acre site and they're putting one house along William Street. >> Thank you very much. Ready? >> The rest of it might be far. >> Okay. >> Okay. Your septic is outside the 100.
Uh, and all of that is outside the 100. >> Yeah. >> Okay. Give a quick overview of the site. >> Okay. >> Yeah. Okay. Uh, for the record, my name is Bob Regal. I'm with Riverhawk Environmental Civil Engineers for the
project. Um, so this particular site is located along the westerly side of William Street. It's about, it totals about 45.8 acres, almost 46 acres of land. Um, a lot of the land is uh wetlands. There's some rivers that run
through it, but they're about um those resource areas, those rivers are about 800 feet away from where we're doing work, 900 ft away. Uh so what we did was we just delineated the wetlands along the front portion of the site. Um
there's bordering vegetated wetlands which are flagged by uh Brad Holmes of ECR and there's um they go from um I'm not sure the flag numbers are the incorrect ones on this plan but anyways there's the flag along the west side of the property
proposing uh new single family house one one house as Lisa stated uh with a garage and then a potential future garage um associated septic system and and utilities and uh paved driveway. Um most of those things are outside of the
100 foot buffer zone. We are proposing a portion of the um dwelling to be within the 100 foot buffer zone and a portion of the the attached garage and the the patuminous concrete driveway is also 100. Um all of that is outside of the 50
foot buffer zone. Um there the all of the structure is greater than 50 about 60 feet from the wetlands to the closest point. Uh we are proposing just to have the the manicured lawn portion of the property to be about 27 28 feet away from the um border vegetative wetlands
and then we'll have the the 25 ft um no activity zone along the the border vegetative wetland. That's uh that's the summary I guess. >> Any flood planes? Did you already say >> there are no flood planes? Nope. There's >> on the on the project site.
>> Um let let no within our work area. Um, >> there's flood planes on the remaining lot obviously. Um, >> uh, >> yeah, good question. Um, but they're not within not within our work area. >> Okay.
>> I do see that you're missing placards here. Would you be willing to put up the placards? >> Absolutely. On the 25 or >> Yeah, that's >> if >> Okay. Now, uh, you're going to grass in some of the area in the backyard to to
to the 25 or to the 50 >> uh to to about the closest point along kind of the rear of the garage about 28 ft away um towards the um the the other corner we're at the 50. So, it's going to vary from about 28 ft to 50 ft to the
to the border. >> Okay. >> Do you think you need any retaining walls or anything? Because the reason I'm asking is we've had several projects recently that have come before us where we've approved them and um they've installed a retaining wall after the
fact without our permission. >> Okay. A structure. >> No, no, not here. >> This is this is designed to be a walk out a rear walk out um basement, >> right? >> So um you know there will be fill placed in the in the front of the house, but
it'll wrap around kind of to to to no fill at all in the in the rear portion. It'll be a walk out to the to the existing way that exists there. >> And that makes it nicer and walk out. >> Yeah. Yeah, for sure. Yep. >> There's a little bit of a slope next to the garage. >> Yeah. Behind the garage and on the side
there there are slopes. Yep. >> Yeah. It's looks like a three-foot drop or they're about three or four, >> right? >> Which in the rear. So are you doing cult systems and so the dry oh dry dry wells off for this for
the recharge from the the >> the roof right we're proposing um to have two um small infiltration areas for the rooftop to infiltrate >> I don't have any question >> no I I don't
>> it's a nice >> congratulations >> uh the garage of the It's actually a house with a detached garage. You want to know the >> footprint of the whole thing? >> Yeah. >> Yeah. What size house is that, J? >> It's a good size house.
>> It's a five bedroomedroom, >> but it's um it pro probably has a footprint of at least 2500 ft. It's It's a It's a large home >> with deck. You know, that's including the It has a wraparound deck. Um, so, so
that's inclusive of that bill. >> Um, have you gotten the highway, not the Yes, the the highway commissioner to sign off on the curb cut yet? >> No, no one has sign up on We haven't made >> Yeah, you still need that. And I think um I think it's going to be greater than
35,000 square feet of disturbance or >> Yes. >> Okay. So, you'll need a storm water permit. >> Need a storm water permit. >> Is that That's through the storm water committee. Correct. I have lose it through.
>> You got to tell me. >> Been down that road before. So, yeah. >> Yes. Um, residential storm water permits are currently coming from the storm water committee through the board of health. >> Yeah. Until we revise the regulations.
Right, Nancy? >> Yeah. because it's been a practice all along to do it that way. So, we're continuing until we revise our the storm water regul we mean the storm water committee which I'm a part of. >> Yes. >> When when do you expect the revision?
>> They were talking about the fall, right? >> The revisions to the storm water bylaw. Um we expected I got one initial report um and she uh she it's an engineer from
Weston and Samson >> different from the people we deal with for our other work um and she was still working on it. Uh it's there's a lot to it let me put it that way. Um, but what I I will say to you, sir, is the latest
storm water terms and conditions that go with permits. You give me your email address. I can send a copy of that uh because that is in effect right now. >> Okay. >> And what's the total area of disturbance that you're looking at? >> You know, I I I don't want to misspeak. So, I got to
>> Okay. All right. Well, this will give you information anyhow. Okay. >> Okay. We might Is the threshold 35,000 ft? That >> That's close. >> Yeah, it's going to be close. We might be able to >> to, you know, tweak it down. That that
is a future garage, but >> um Yeah. >> Any pool? No. >> Yeah. No future because I did ask that question, you know, about the setbacks and stuff and where to place it.
Now, Lisa, without uh storm water involved, uh we at Liberty to accept the prop uh the project. >> We can just put a condition here and swip if needed. I don't think you're
going to >> No, we won't be above an acre. So, I'm disturbing. >> Okay. >> Does anyone >> anybody here have any anyone looking? Dave or Jack, any questions? So that pretty much fits >> unlike the you know the last applicant
we have a map and we can anyone in the audience have any uh questions. Okay. Uh then uh >> still >> what >> uh Bill you have any questions? >> No I think I'm pretty clear.
>> Okay. Um okay. Do we have a motion to accept uh but with storm water conditions? Well, with conditions of approval, including >> Yeah. >> If necessary. If necessary.
>> Looking for a motion then of approval and to issue an order of conditions. >> So moved. >> Second. >> Okay. Uh, >> all in favor? >> I >> I >> Okay, you're good to go. >> Thank you very much. >> Thank you.
Thank you. >> Thank you. >> Thank you. Good luck. My brother's Okay. Yeah, we're all set, Lisa. >> Thank you. Yeah. >> Okay. Next on the agenda is a notice of intent application from Tom Ranley for
the construction of a 20 by 30 foot garage. Uh, and this is uh was that Pleasant Street? We don't have the street here. >> Water street. >> Yeah. >> Yeah. I guess I
>> um Okay. He's asked for continuance. >> Yes. >> Okay. Um a request for continuence at this uh >> PD file number 01 017-0533 >> January 22nd. >> I I'm sorry. I I uh
>> they were issued a D file number, but the U consultant couldn't make it tonight. I was just stating the D file number 017-0533 >> 533. >> Correct. >> Okay. >> Okay. Is there a motion to continue to
January uh 22? >> So move. >> Second. >> All in favor? I I'll let it be known that the bill also voted through continually. >> Okay.
Uh request for a certificate of compliance, Lisa. >> Yep. So for this one, we have um the first one we have um National Grids um you can file number 017
D. Oh, they're here. Yes. Hi. >> Okay, great. All right. >> No tool belts. >> Could have bought us a bucket towel. >> We're loggers and hard hats. That's our tools.
>> We should be dealing with this one. Oh, I think I got it. Does this go into the TV, Dave? Goes into the back of the TV. A zip drive. >> Oh, I can put the drive in for you. Yeah, let me help you. There's a uh cable there.
>> Oh, >> yeah. Let me do it for you. I get the >> hook this up. Cor drum set in the back over there. >> Drum set. >> Save that for uh intermission. >> Yeah, we save that for later.
>> Is he driving it from the podium? >> Um, >> are you driving this, sir? >> Our representative is going to drive it. >> Yeah. Great. Um, here is the report, too. I know I emailed it to you guys, but um he has a paper copy, so you can see the photos in the back, which is the
most important part, right? See? All right. See what Elisa wants to do. >> You want to drive from here or go up to the podium? >> Um, doesn't matter. Whatever's easiest.
Probably here, right? >> Yeah. Yeah. I I'll let go. All right. It's all set. Leave it like this for you. >> All right. Thank you. >> Here you go. Show rusty. >> You're on. All mine.
>> You're on. >> Good evening. Thank you very much for having us this evening. My name is Peter Defusco. I'm a lead environmental scientist with National Grid. I'm the applicant for this request for certificate compliance. Uh this order of conditions was issued for an overhead transmission line
replacement project uh some years ago. Uh it was issued to a colleague of mine. Uh she's since handed it off to me. I'm new to the company. I wanted to make sure I came in person tonight, introduced myself. Being this region in a Bristol County native, I wanted to
make sure you can put a face to the name when you see me on future applications. >> Nice to meet you. >> Nice to meet you as well. My representative for tonight is BSC Group and they've prepared a brief presentation we'd like to present.
I >> almost didn't recognize you didn't have your hat on. >> True. Um, so yeah, my name is Connor Gilbertson. I'm an environmental uh scientist uh and environmental monitor uh at BSC Group and uh I'm here
representing National Grid's 315 transmission line project. uh structures were uh replaced uh from Medway, Massachusetts all the way to Somerset,
Massachusetts uh from 2018 to 2024. Um the uh wood uh poles were replaced uh into the steel titanium uh structures you see on the screen uh before you. Um
uh specifically in Dyon um there's about 40 work pads uh that were temporarily altered uh uh to uh accommodate construction activities. Uh in July 2022, I met with
uh Lisa for uh to walk the site and inspect the sediment controls that were installed. start construction. Um so uh temporary uh wetland uh matting
was uh placed in uh where pads uh from Chestnut Street uh Route 44, Maple Street, uh Horton Street, and ended uh in between
Wellington Street and uh Cedar uh Street in Rahobath. Um so uh you can see on the slides uh that um all work pads have uh reveitated to
75% and uh have been restored to prior uh conditions uh pre-existing conditions. the yeah the first two structures uh are theund
structure 109 uh and 110 work pads that uh reveitated in between Cedar Street and Rahovith and Wellington Street in Dyon. Uh structure 309 is the last structure
uh that was replaced in Don before uh structure 108 is in Rahobit. Uh here's structures uh 111 and 116 uh both which were located
within bordering vegetated wetlands. Uh the previously disturbed areas have been stabilized and reached permanent stabilization and reeducated over 75%. Um yeah, these are both off Wellington
Street. Uh here's uh structures uh 117 uh located within uh BPW and the 100 foot buffer. uh these uh they've reached permanent
stabilization. You can see structure 121 uh right here off Cordon Street was uh had temporary uh wetland matting placed on it and was uh in inated uh surface water. So it's restored to previous
conditions. Uh same with structure 122. Structure 132 and 131 would be off of uh Maple Swamp Road Road or Maple Street.
Um they've restored to pre-existing conditions as well as uh structures 133, 136, and 135 off the same area
as well as structures 145 and 143 off uh Chestnut Street. Uh me and uh Lisa walked this site uh together last week to inspect it. Um and this is structure 155 off Chestnut
Street. Uh the last uh one we had one uh wetland mitigation area of 134 square ft by structure uh 146. Uh me and Lisa walked there. It's this
pink area right here. uh we submitted a wetland replication monitoring report to uh that uh for after two years of monitoring uh we reached a threshold of 75% uh native
species uh me and Lisa did walk this area to uh take note of the species that were growing and uh that is pretty much it.
Uh me and Lisa also check uh by structure 116 off of uh Wellington Street. We did observe uh ATV activity circum uh circumnavigating the installed uh
uh gate uh that national grid installed and they did drive through wetland to uh reach the access road and we're using it for AT activity and I'll let Pete address that if he has any comments on that.
>> Sure. Thanks Connor. >> Absolutely. So reiterate uh structure replacement project of lawfully located structures with a small wetland replication area 134 square ft. >> Um I did visit that initially we went out BSC group went out
with their compliance monitor and had some questions about some species. We went back out with BSC group senior botnist confirmed some species handpulled some non-natives and >> Oh actually did go back? >> Yes. >> Oh okay. Yeah, we won't >> because I know he collected some
>> some non-natives. >> No, he collected some of the grasses we were questioning. I was questioning. >> Yeah, it's already been solved. We had I don't know with Tom Bros. >> No, but >> yeah, we had a senior uh botist confirm
that um >> the species was kind of blue joint gas. Yep. >> Yeah. So, our compliance monitor was just a little uncertain >> of the species, >> and you know, when you see it in abundance, your first thought is that it's a non-native. >> Um, but we were able to confirm that
luckily it was not. Um, >> I thought it was the reed canary grass. Do you guys know what that one looks like? If you don't, I'll have to point it out to you sometime. >> Is that the line that comes right through here on on >> No, that one's up by the school gym. Up
by the high school. >> Yeah. Yeah, I Yeah, I know that. I've seen that there. >> This one over here comes out of Berkeley by Kon actually comes down Somerset Avenue here down >> go to the power plants. >> Yeah. No, I don't know. Yeah, I think it
does tie into the power plant and it ties into the substation on El This is >> this one. This one. No, that one doesn't. That one? >> Yeah, this one doesn't. Right. That one's on the other end of town up
across from the high school >> past Sou's farm and go through Souz's farm and then down into Swansea over that way. >> Yeah. >> So Connor had mentioned during the site visit that Lisa and Connor observed um
some unauthorized recreational vehicles skirting around our gates, which is incredibly common as you would imagine. Um, I did reach out. Say again. >> Not indict. >> Not. >> I would like to say it's a wildlife
highway, but >> it's not you, right? >> It's an AATV highway as well. >> Uh, I did reach out to our internal team. I wanted to make sure that your um concern was addressed. Uh they were actually extremely quick. They already went out. They provided me with some
photographs and they're looking into the feasibility on whether or not they can barricade it and what that would do, whether it would just send them into maybe a larger, deeper part of the wetland or what have you. But one thing we're definitely going to do is put out some signage. And then of course, I'm
sure you're well aware, whatever relationship you have with your municipal law enforcement, you can always talk with them if they have any usual >> speed tracks. Well, if they put up a sign, do something about it. >> Yeah. Yeah.
>> If if if it doesn't say no trespassing or whatever, it's a little sticky to >> Sure. >> get it to stand up, but knock it like, you know, that way. So, >> yeah, we'll get some signage up there. >> Yeah. >> And I mean, um, you know, >> No, it's a catch 22 for everybody
involved. >> It certainly is. And and I what I was going to say is that um you know back in my day I I used to do that and when a barricade came up I found a new clever it was almost more fun to find a new way in. >> But point of my story is being out there
inspired me to pursue a career in the environment. So hopefully that can do for others what it's done for me. And and Connor was saying he was actually providing some environmental education to some of the folks who stopped and asked if it was okay and include them in a little bit to
wetlands and things that you know most people don't know about the wetlands protection act. So >> try to get them into mountain biking instead. >> Yeah, that's a good point. >> So >> that concludes my portion. Connor, did you have anything additional?
>> Uh deep. >> Thank you, Mr. Chairman. >> Okay. >> So, so did they do like a winter rye or anything or in that area or >> So, they originally did the upland
conservation mix and then they went back documented what came in. There was some plugs that they had also put in. They wanted to see what survived. When I went out there, I would have said, "We're good. Let's go." Um, but we since we were already there, we
were down on our hands and knees with a black trash bag just looking for anything that wasn't a native species. Um, I brought a couple bear roots. I brought >> I'm talking about Wellington, though. >> Wellington? >> Yeah, the ATV area. >> Oh. Oh. Oh, I thought you were talking
about the wetland replication area. >> I've been there. No, I'm good with that. >> Okay. >> But no, just that disturbed that dirt area, the muddy area right now. >> Right. No, no, no. They don't carry. It would be actually a good idea for them to carry a bag of annual rye or a winter
rye um just to throw down on areas that are disturbed when it's not part of a construction project or or related to our work. >> At least it has some in her trunk. >> Okay. Are we all set then so we can wrap this up? >> Yeah. Um just so I just wanted to kind
of know like what is the game plan for that area off of Wellington right there. >> Sure. So the first thing I can recommend to you is when we go out either preconstruction or if you want to come out and see us in construction and kind of go through things and see what we do
just I mean I know you know but sometimes seeing it provides a little bit of light so you can help guide questions whether from the public or commissioners. That would be the most optimal time to address these. when you talk about things like dumping that we see a lot on rights of way >> because when crews are out there we can
get on it when things like like this are at the very end and everyone's >> detail hold up the co for it I'm just wondering if you guys have to do anything >> yeah like I said I got to that um internal group which thank you for the question cuz I didn't know that internal
group existed since I'm new here u so I'll follow up with them and see exactly what would be the next steps >> okay >> um and if I have any projects in the area. I mean, I'll happily have somebody go by if they get some seat kicking around or something like that. >> All right, sounds good, I think.
>> Okay. All right. Uh, is there a motion to issue a certificate of compliance? >> Second. >> All in favor? >> I Able gave his approval. Okay. Thank you. >> Thank you. Thank you very um zero Elm
Street. >> So, you can remember do that. This is for after This is after the fact, right? For me to call tomorrow. >> Yeah. >> Okay. >> Yeah. >> Okay. How are we on Elm Street for a
certificate of compliance? >> Um Elm Street. I did a site visit with Zenith uh the engineer uh Nile Zar. I'm sure you guys remember Niles. He's been here a few times. >> Um so this is for the first storage
building. >> Okay. >> Um I don't know that we can do it today because you've recused yourself. >> Right there. >> Oh, he's the third. Yeah. Good. All right. Um, so we do have asbuilts. Um, I had one
question which was what about the driveway? Was there a culvert installed under the driveway? And um, Naz didn't realize that DPW had done that with um, the contractor, so he
had to locate it. These are the plans if you want to look at them, but there's no concerns. >> Okay. So, uh, is there a motion to issue a certificate of compliance at zero Elm Street, >> which is D file number? >> You have to read the
>> Okay, motion was made. Is there a second? >> Second. >> All in favor? All right. Hi, Abel. >> Uh, is that is that the land that I sold?
>> Is I I think he gave a affirmative. >> I think that that's >> Yeah, I affirmative. >> No, he recused himself. >> Okay, then. Um, >> what are we going to do? >> Um, well, it's only a certificate of compliance. If you're saying it's okay,
I'll vote on that. Why don't we just have two cuz two were accused. >> Okay. So that's passes then. >> So D file number um >> 0170523. >> Okay. >> Thank you.
>> All right. Uh so that passes. >> Yep. >> Okay, >> Mr. Chairman. >> Yes. How did it pass? How many people recuse themselves on not voting on it? You got four people in attendance.
>> Yeah, that's all we might have on the commission soon. >> How many yes votes do you have >> to issue the certificate of compliance? >> Two. >> You don't have majority. >> Ah, Abel, could you temporarily go
offline and then we'll have You can't do that. Three. >> No, >> just put this on your next agenda. >> Okay. >> But the only thing is Paul might be re resigning. So then we'll never have a quorum for this issue. What do we do?
>> Ask the selectman to appoint an interim because you need a quorum. Cuz without a quorum, you you're not going to you're going to be hand tied with everything you deal with. >> I know. So he will be at the January meeting.
>> We don't know yet. >> I would encourage him strongly to show up so that you can act on these things. And if he says he's not, he's going to resign before then. You need to go to the board of selectment and ask them to immediately
appoint an interim. >> Okay. Dave, that's your job. >> Okay. >> Thank you. >> You're welcome. Okay. So, that is on hold until uh the uh 122. >> The only other solution is schedule a
special meeting with this one agenda item so he shows up before he leaves. >> Right. >> And it could be a a five minute meeting or less as long as you post it and you list this and you vote on that thing.
Maybe we do that for the budget, too. >> Mhm. >> Understood. I can >> You might do it in the basement of town hall so he doesn't have to >> technically leave the building. >> Okay. >> Thank you.
>> All right. So, that's >> okay. Um enforcement, in light of um there being people in the audience, who are you here for? >> I was just here for the money code thing. Oh, >> here for the entertainment >> for nothing, huh?
>> Thank you for coming. >> We need a committee member. Uh, are you interested after sitting here? >> What's that? >> Are you interested in being a committee member? >> No. >> No. >> Just had to throw it out there. >> I still don't understand some of the things. So,
>> okay. Um, we have people here that are here for enforcement. >> Okay. >> We'll skip down if you guys can vote to take it out of order. Review. Discuss act 418 Hot Street. >> Which which one is this? >> Um review discuss act 418 Hot Street.
That would be um >> the fourth one. Okay. Is there a motion to take out of order? So move second. >> All in favor? I >> I >> Okay. >> You're up. Okay.
So, okay. You got one there. Do you have one? >> I already have one. >> Okay. >> You guys remember this one? It was bylaw only. >> Yes. >> Even though um >> Yeah. >> All right. So,
>> you went beyond you went beyond the uh scope of your plan. >> You know what it looks like? You've been there a million and a half times. >> Okay. >> So, I asked Junior to come in because um we issued an enforcement order, but we
have not received a restoration plan. So, >> I talked to the injury. He said he want to talk to you about that. >> Talk to who? >> The engine. Our engineer. He say he want to contact you. >> Yeah. He told me that I have to deal with you right now. Oh, that's what I
see. I talked to him this morning. So, he want to contact you. >> Okay. Tomorrow. >> Oh, he's going to contact me. Great. Um, so that was one of the issues. There were several issues. What >> issues you have? >> Yeah. So, the erosion controls haven't been maintained over the course of the
project and the placers that were installed aren't up anymore. So, those placers need to get relocated where they were tomorrow. >> Okay. And then um you can't do any of the seeding or planting until the spring
because >> yes, I don't want to do anything. I'm going to buy this house for me. Um but then the question of um so in the orders not sure about the disconnect but um
we required any deviations they have to come back to us and it looks like you put the driveway in a different location. >> Yeah. The driveway isn't where we approved it.
The driveway as we approved >> go by the plans and you look at it >> before I do anything. That's I told you >> there she's outside. Lisa is the driveway outside of 100. >> Yes.
>> Um okay. driveways. A portion of the driveway which is the cover is inside the 100 from across the street. But um >> like the big problem like I shift the
driveway a little bit because the center of the driveway like hit the center the post >> center of the driveway. What? >> Yeah. In the center of the post. >> Yeah. It would have had to be moved. Um The concern we have is that
>> watert >> remember it was permitted so that there was a question with the gentleman that lived across the street had real concerns about runoff. He had previously um dealt with Mr. Ferry. Mr. Ferry the the
>> guy Yeah. >> Yeah. the highway commissioner didn't sign off on the driveway. So, that never happened. And then the driveway was put in and it was shifted. Um,
did you put in a pvious driveway or impervious? >> Pous. >> That's the one you require. >> Impervious or pvious? >> Pervious. That's the one they required. >> Pervious. >> Okay. So, you got black top. >> Black top. Yeah. You spend so much money on this. >> No, no, no. Like so it the the one with
the the water come. >> Yes, that's the one. Yeah, that's right. >> That's why you pay more money for >> I have like >> I paid more money is black top. >> It's black top. >> I have like the the coat the guys in the invoice.
>> You do? >> Yes. >> Okay. Can you provide us with a copy? >> This one cost a dber. Remember when I talked to you in the fall? >> Yes. >> This one cost me recommend somebody and the other guy came that to give this guy. >> Yeah. Tom Tom was looking into that with you. Okay. So,
um we need to see that that was installed per what was conditioned >> and we need a restoration plan >> because remember when you started this project, you needed the restoration plan. >> Yes. >> We still never got it.
>> I'm going to talk to him tomorrow. Okay. I talked to him today. I have to give a check for him because he tries more money for us. I'm going to talk to him. >> Okay. All right. So that so he's going to come in with the revised plan and then uh
we'll we'll be good from there. >> Restoration plan. Yeah. >> And uh you can't do the certificate of compliance until the site is stable. That's why I kept asking when is it going to be loed and seated. >> Right now I'm going to spend more money
on this house for me. >> Email to me. Thank you. >> Cost me so much money. >> My email's right here. Okay. >> Thank you. >> Yeah. Can you you tell us you have to do that? >> Yeah. But the problem is you didn't
because the site was unstabled for a while. We had to help you get erosion controls. I don't know what happened but control like like three times right there. The front is the guy the machine. Yeah. >> Yeah. >> Yeah. But you look >> but I put again like the same day you go
right there. I'm >> Yeah. I put it like the whole thing right there. >> But the placards are missing. >> Remember the plaque? >> Yeah. The plaque. You have this. You have this in your car. >> No, no, no. I She bring to us. She bring to us. >> Do you know where they are?
>> Yeah. >> They needed to stay up. >> All right. What do you have to do in this case right now for get the >> tomorrow? First morning and you should drive by. I won't be here tomorrow. Sorry. >> Friday. >> You want to send a picture to? Um, just
keep me in the loop. Contact me on Monday morning and we'll But so basically I want you to know we want you to know that you will not get a certificate of compliance from us until the site is stabilized until there's restoration. >> Yeah, because the plans that looks like
the same plans you guys got approved. >> That's the one that you have approved. And I also want you to contact the highway commissioner so that he can go out and look at the driver because there's supposed to be a cover underneath install the cover drive under the plan
because that's the one you guys approve, >> right? So if you had made changes to it, >> make no change. >> Is there a cover under the driveway? >> That's right there. Don't make no change.
Nobody make change. There's no chains out there >> because when you go to close this out, we need an as built from SFG saying that this is built exactly the way >> I was saying. Well, let me give the uh uh >> Yeah, we'd like to see an as built and a
restoration plan and then we can work on getting you. >> Yeah, but that's the one you guys approve. I don't change anything. >> Okay. Well, then let the engineer or whoever give say that is that this is constructed as designed and but anything
that you had interfered with wetland flow or whatever uh you're going to correct >> what you did shift the drive. >> Oh, it's around those trees. You move a little bit around those trees. >> So, it's not the exact plant.
sideway. >> That's where we're having the disconnect here. Cuz the way that the driveway is now was not the way that the plan stayed. You know, even if you just shifted it a couple feet
a couple feet, by the way, this is outside of our jurisdiction >> because it's beyond the 100 foot buffer zone. Well, it's in Tom's jurisdiction and there's an issue. >> He gets the engineer, >> you know, between Tommy and and >> an SFG
>> gets gets the ads built and and I go from there. Then >> yeah, >> you know, >> then we then we can fly with them. >> Yep. We need an as built and restoration plan. >> Yeah. The axe built >> and the restoration is for >> what? this whole area, the 25 ft no
touch in the buffer zone, the area that was disturbed without um permission cuz remember when we we started >> Yeah. >> with him. >> So this is all the the 25 ft is is disturbed >> swale in here too. Did you build the swale? The swale is from the roof
runoff, which you might want to figure out what you want to do with the roof run off, but see create a swale to draw runoff away from the house. >> Mhm. And then um this is supposed to be seated um but not seated as lawn. Seated is a
special conservation mix that I >> I have to approve it. >> You remember like the some serious I pull right there. You recommend to me >> and a conservation area. >> Yep. But you did not but the thing is
you do not have it in this ear and nothing's coming in. It's all dirt and the placards are gone. Yeah, >> you can take care of this tomorrow for all our guys are there to take care of. >> But you can't seed it tomorrow. But >> yeah, >> you have to do that. >> I don't think you're doing too much tomorrow. >> I know.
>> No, heavy rain. >> Heavy rain going then it's going to freeze rain >> and wash away. Heavy rain. Heavy rain and wind. >> So keep an eye on your roach controls. >> Main take-h home message for this is make sure that none of that dirt from
your property is running off your site. All right. >> That's been the problem also. And we do not want any dirt to end up in this wetland or across the street or in this gentleman's yard. >> You don't I mean, >> I get it. >> Yeah. You were here at the meeting.
>> Yes. >> All right. I'm going to find out the X file. See what's going on because I don't change much. I move like a couple feet because I don't want to be dry because I'm going to leave over there now. I'm going to buy the house with me and uh I don't have a room I can drive my cars out there. That's why I moved a
little bit to the other side, but not much. If you look there, that's over 100 ft for the red line. >> I don't see >> it's out of our jurisdiction. I can't I can't expound on what my thoughts are. >> We approved the plan. The plan is in our
jurisdiction. The driveway is in Tom Ferry's jurisdiction. >> If you move the driveway to their size over here, he's going to be less than 100. >> Okay. So, so they need to to fix up what they uh >> a portion of the driveway is in our jurisdiction.
>> Very very small. Very small. >> Lisa, I'm not going to worry about that. One foot. >> We have to because the gentleman across the streets is going to sue the town. >> Who's going to sue the top? >> Oh, he's going to sue you. >> The the neighbors.
>> The point was the water was not supposed to be directed towards his property. So you have to prove that that's not happening. >> I I prove that it's gonna happen. >> You will with Asel. >> There you go. >> All right. >> Well, I don't see much. I think you guys
created no problem. You know, >> like it don't make no sense. >> The only position you put the driveway right there. >> It only move a couple feet on the other side. >> The water stay away his house. How >> because I make something for the water go nowhere for the other house.
the the site has not been stable for a very long time and that really concerns me because >> more than three times now we've had to replace those erosion controls. >> I know >> Abel, do you have anything?
>> No, I'm I'm good there. I think you guys are pretty well covered. >> Okay. I know you've seen it. Thank you. Thanks for showing up. >> Definitely. I I did. I spent so much money at this house. Get a hold of the >> He cost me so much money. They give me a
hard time. >> Get a hold of the highway superintendent to approve the driveway. >> Yeah. >> Yes. I'm going to talk to Simo. That's the guy do the driveway from EO cuz he do some stuff in the road. I'm going to talk to his guys. He want to get that. >> Yeah. Well, I mean, we got to have it on
paper. You do that and >> take care of it and then we can sign off on >> Okay. Do that. Thank you so much, guys. Yes, >> but you have to apply to get it signed off in the spring. >> Yes. >> All right. So, we have a few things to do before that. You need to keep >> Yeah.
>> Let's deal with it after the holidays. Just keep an eye on the illosion controls. >> Okay. >> Thank you. >> Thank you. And I'll see you guys. Merry Christmas. is the wetland on this on the east side. >> Yeah.
>> Okay. Uh do we have anything else? Uh >> yes, we do. >> On enforcement to deal with. >> Um well, I think we have to wait. >> Dave stepped out. He's back now. Um two let's go back up to the beginning of the enforcement 2625
>> street. Yes. >> Dave uh might want to take the reigns on this. >> Yes. I tried calling out yesterday was it yesterday or the day before and um tell him that he was on the agenda this
um and uh I could get a hold of him. He picked up the phone >> and uh I invited him to the meeting and he said that he'd sold the property >> and basically >> that was it.
>> He did he sold the property. He feels like he's >> out of out of it. Exactly. And quite and quite quite honestly, Jim, >> when he said that he sold his property and it was kind of abrupt,
>> you know, I really didn't know how to respond to him. >> Yeah. >> You know, I mean, the issue that we have with him, >> well, now we have a new owner. >> Now we >> that we have to deal with.
>> So, that goes that that problem goes to the new owner. But if he when was he issued the enforcement order? >> It wasn't an enforcement order. >> It was a notice of violation and he came to the meeting and said he would do whatever he needed to do. Remember?
>> Um is that right? >> So notice of violation though is uh >> how does that okay that does would that carry over to the new owner? Well, let's issue the new owner um
>> try to introduce ourselves to them and let them know the problems. >> Yeah. And so that they can he can go back and um >> and have time to do that. Okay. Notify the new owner that there was a a notice of violation on the property um
>> and in the spring that he is now responsible for. shoes off. >> All right. >> Okay. So, uh let's go to Somerset Avenue.
>> Um yeah, we can go to 1861 Somerset. >> I spoke with that gentleman as well. And um he had also come to one of our meetings recently. He's a contractor that's been that installed a driveway.
in a flood zone and in the buffer zone. >> This is behind the old restaurant. >> Okay. >> So, >> um he said he'd be happy to pull the materials out and file whatever necessary. >> Excuse me.
>> He'd be happy to file the paperwork if needed. And I said if he would remove the the piles that um are in our you know 50 foot and um you know the asphalt I'm not going to be picky about that. I
think he said that 7 75 ft is the closest edge on that. Um he was supposed to contact me again once he did that and he he hasn't. So I guess I need to follow up with him again. >> Okay. uh Horton Street.
>> Um so this is the three lot uh property where Zenith Engineering had come before us for one of the three lots, the lot that's all the way to the north. Um the site was cleared and it was cleared in addition to the area that
was approved. So to build three houses they cleared I don't know if it was 15 acres. It was a large portion of the site. Um, they did go into the buffer zone. I think you remember Mr. Lango came to our meeting, said he would
restore it in the spring. The reason it's on the agenda is we needed an update as far as the storm water permit. Um, he did reach out to me and ask um I he said he thought it wasn't going to be on again till the spring and I told him he wanted an update. So, we just want to
make sure that the storm water requirements are being followed. Um, Nancy, can you give us an update? >> Um, Weston and Samson uh submitted a proposal to do storm water oversight,
inspections, and site visits. Um, we are, uh, getting regular, I'll call them reports as far as what needs to be done. The storm water
permits have not been issued because we were waiting for those new terms and conditions for storm water. When the storm water permits got issued, they were supposed to be ready today. After I looked at them and compared what
those regulations say, the new storm water permits that I thought we were going to deliver contained requirements regarding wells and septic systems and things like that that is not storm water. So I notified the uh water health
um health agent. We could not use those. So I'm going to write the wording which is basically other than the name and address and the map and the lot. It's going to say as far as storm water goes the attached
terms and conditions are what you will follow. Now in the case of this that project was well underway before storm water found out about it. I found out about it because Tom Ferry and Lisa went there to check on those wetlands and that's when we got involved.
We do not shut them down because they didn't violate anything. They would give them the go-ahad until we got involved and said we got to do something. But Mr. Lango has been very cooperative. He has provided the funding for Weston and Samson to do the work.
So, uh, we share that information with Lisa and the planning board. So, uh, I I think the the permit issue will be dealt with, but it's not holding up anything, and we'll continue to provide the information so that the storm water
rules and regs will be enforced. >> Thank you. >> Thank you. >> Okay. Uh, we got to go on other business. >> Um, >> minutes. >> Yep. >> Okay. Minutes. Um, I've made some edits. I sent them over to Kendra and she sent
over the new one. I just haven't printed it yet. Here it is with the revision >> and uh uh yeah, I got that on my email. Um well, I've I've seen that. I've seen it on the email. Um I don't know if you
want to go through the whole thing, Jake. Just the the edits. Um and uh now what uh date is that up top? >> Uh August 28th. >> Okay. Um are we ready to accept an
August uh minutes? >> August 2025. >> So moved. >> Is there a second? >> Second. >> All in favor? >> I. Okay. Um do we have November? Not yet. >> No. Uh she sent them. I haven't had a
chance to look at them. >> Okay. All right. So, we'll do that next uh next uh meeting. >> Uh bills payable. >> Yep. >> We're all set with that. >> Yep. We have >> Okay. Um
serid red line version. Um So, we don't need to go through that again right now. Um, >> we already went through that with the store pad rep unless anybody has any input regarding that discussion we had on the U. >> Okay.
>> And the flow. >> Okay. I'm going to go out of the flow chat. >> Um, planning board's still looking for input on this. I know Nancy marked it up. NY's changes uh request changes are here. Um at our pact meeting this week, the
building commissioner did state that he would like to see it changed. He wants to see the first step be his department. >> We've had trouble that way. >> And I did say that.
>> No, I mean that that's why this is all coming about. Let's tell him we want to keep it uh uh with us first anyway or together simultaneously. Um if that's going to help him uh to be
uh simultaneously on that. The difference is he did say that he was um going to also tell them with the caveat that um well first off if they meet any zoning uh requirements at all you know
if they do have a buildable lot they would have to come check with us anyway is what he told me. So >> yeah well we've heard that before heard it for years. Well, my initial reaction um to to meeting him yesterday and you
know he was introduced to Snow White >> and uh I like the guy. >> Yeah. >> My my first my first reaction it's like oh >> we're going to we're going to be able to work with him. I've never met the guy, but I've gone through about four or five
uh building superintendants, inspectors, or whatever in this town, and we run into this all the time. And like I say, before it was kind of, well, we go ask for forgiveness. Well, it's getting down to the nitty-gritty. >> I'm at my wit's end. I'm telling you, if
it doesn't work out this time, I'm never getting married again. >> Well, NO. I MEAN, EVERYBODY SAYS, "YEAH, YEAH, YEAH." But then when it gets to the nitty-gritty, it doesn't happen. So, >> you know, >> they got to come here first and the story,
>> I guess. So, >> go ahead. Go ahead. >> Yeah. I mean, it you wouldn't want to design a building uh unless you knew where it could be built on the property or even the property was supported. So,
I I don't understand I I understand a little bit why he would want them to go to him first, but you would you would think that they would want conservation to sign off so it doesn't throw any stumbling blocks and they know what they're working with. M. So, we're still
working on this flowchart. We're still working on Apparently there's a flowchart in the town he used to work in and um it ended up being a dead end project. It didn't go anywhere. But, >> okay. I
>> if they if they show up and this is where I want to build, it's like that project we just went over. It's 45 acres. Can I build on it? Well, yes and no. You know what I'm saying? And 45 acres, they just about
made it in. And I have nothing against that project. >> But there's a lot of them like that. And if somebody just happened put 10 houses in >> Oh, yeah. There's no problem. We have >> with water view. >> No, it it it either it begins with us or
or it comes into both of us at the same time. >> Yeah. Um, but uh if if it can't be built on, I mean, why should they go through all that work and and prepare a an engineering drawing for something that
can't be done, >> right? I have been hearing a lot lately, not from him, but from other people that they are they have used determined there there were no wetlands based on the D mapping. >> That's not accurate. Our commission does
not go by the D mapping. >> Oh, it's not accurate. >> So, I think if everybody stays in their lane, we'll be fine. If he could answer his questions about zoning when the people come to him, um, and we could,
you know, vice versa. The bottom line um and the take-home message from the pact meeting was that we need to get everybody on permit link, which the administration is working to do, and that'll streamline permitting for everybody and make sure everything's
transparent, but we've been talking about it for a few years. So if it was permanent link, they would they would put one application and it would go to everybody at the same time and then everyone waits for the
responses from before anything is done. >> Hopefully. >> Yeah, that's it seems so simple. >> Let's let's kind of uh do that then either we go on permit link. >> We are on permit link. We are >> we are
>> we got on immediately in 2021. >> Okay. But u all right we got to be up there. Uh I mean it could save people a lot of money from having a building engineered. >> A lot of headaches
>> and a lot of headaches. I mean if they want to put it here but they got to put it here or can't put it anywhere. >> Right. I agree. you know, or it can be done with with um
an order of condition. >> They turn the building or put it on side. Um whatever. Shame. >> I think that's Yes. Uh >> I just wanted to add to what Alisa said. Tom and I went over the first half of
that and stopped because it was clear to us storm water was not involved anywhere. So when you think about the three homes on Horton Street, >> yeah, >> when that was presented to whatever
>> they were told they would not disturb more than 35,000 square ft and didn't need a storm water permit. I want to know how you'd subdivide into three house lots >> and don't disturb at least 35,000 square
ft. So, what our feeling is, we want to be notified early. We don't necessarily have to get involved, but at least tell us what's out there because in this case, we could have said, "Wait a minute, you're going to subdivide into
three house lots. That's common sense. You're going to well exceed it." So, >> so permit link would be very valuable to you. >> Absolutely. >> Yeah. Well, now is that something that the selectmen must require?
>> I don't know how they handle permanently, but I think if we can all come together and agree on a flowchart that includes everybody that needs to know >> Yeah. initially as I said storm water doesn't have to get involved immediately
but we got to know because at least we can say we can wait for uh planning or zoning in concom and we'll follow it and we'll get involved here but in this particular case these three house lots are not considered if you will a housing
development therefore planning approved it but planning is not responsible it's looked like it's three individual house lots. So the storm water part of it falls back to the storm water committee. So as I say, Tom and I only went through the first half and said there's no sense
continuing. We got to get the first half agreed to and then the rest of it will work. >> Okay. So I think that's what that's what it has to be anyway. uh permanent league seems to be the way to go. And uh uh we got to be up there
in in the forefront to either say they can or they can't or it's got to be conditioned so that they know uh you know don't waste your money trying to put it here if it can't go there or a certain size building if it won't fit.
So okay. Um, can we go on to the our budget? >> Mhm. >> Okay. Um, we got the selectman's notice saying that uh the budget has to be uh zero increases
and um I had gone through the uh uh what we did for this past year and I went through whether it be salary or clerical work, education or or whatever it is and uh our our total
expenses were in the uh $70,000 range. They don't want that increased. Um, but I think if we accept that for zero, the $70,2831
is our zero base. And then we are permitted to jockey position of different um um accounts. Well, we'll have the we'll have the commissioners forfeit our salaries to
help out with the budget money. >> That's an old joke. >> Oh, hey. I mean, you know, >> um >> nobody else everybody else for zero. They will be as of July 1st. >> Pardon?
>> They will be all all appointed and elected officials who currently receive a stipen as of >> No, I'm not talking about that. It's the budget. Everybody else's budget is there. >> Well, I I find it interesting you're discussing the 27 budget because no one
notified me. I got a committee with a budget. >> Well, no. I mean, it's it's dropped off here, Nancy. That's all. I'm just asking a question. Well, I assume the budget notice that we're going to get the storm water is going to say the same thing. >> Well, no. I mean, it's just various
thoughts. >> Uh Dave, Jack, and I aren't taking an increase this year. So, uh >> we're not going to we're not going to pay. >> So, we would uh you know, we'd like to give our stipen to uh to Lisa. >> Give it to Storm Water cuz as of July
1st, they're not getting anything in and neither our assessors or anybody else. We don't Stonewater doesn't get paid. The committee doesn't get paid, but we have employees on the payroll >> because we we uh our services are
provided by uh Tom Perry and some of his highway employees. So, their salaries are Oh, a big memo, huh? No, never got this. >> Can I have this? >> Yes. >> Thank you. >> Now, I'm officially certified. >> Let me Let me make a picture.
>> Okay. I think I think if we can accept that >> then we'll we'll accept the bottom line. >> Um but with our but with our input as to where it goes
>> so maybe we can discount something. >> Um >> thank you. No problem. >> Okay. uh Lisa uh I mean I don't we have uh four votes now that we can take but if we have um if we accept based upon
um the selectman's demand I'm going to call their demands of zero base we could go to last year's budget as a as a gross expenditures uh with actual line items to be later
determined by the by the commission. We can accept that. Uh if there are no other if there are more funds available, we would like increases.
>> Okay. you know, funds become available because uh what you told me earlier today. Um or maybe we we get some of that that money from all the uh tariffs.
>> Putting up all the new signs around town, maybe we'll get some CP. >> Uh okay. Uh okay. So, so right now our current total budget is $70,2831. So if we
accept the selectman's um uh wishes and we accept the budget in that amount with actual line items to be determined by the commission
>> is uh able >> in future items to be accepted in >> I I can't hear you. I Dave I think can >> line line items to be accepted in the future. >> Yes, line items to be accepted in the
future. >> So they would know our total budget to begin with, but we can play around with with uh where the money goes in in the budget, >> right? So zero zero increase items being
>> correct. Is there a motion on that? >> So moved. >> Is there a second? Second. >> I'll second. >> Okay. Um, uh, all in favor? >> I >> I Okay,
I think we have, uh, public input. >> I have public input. >> Oh. >> Um, Sean Calligan, um, Feny Brothers representative, >> okay, >> contacted me today. um that um
he basically uh they they wanted to provide us with an update. He didn't know if he needed to attend. I told him he didn't need to attend. Um their survey plan should be done later today and then they'll have a restoration plan ready. Um but he said, "Please uh let me
know if I need to send a continuence." And I said, "No." Um, I didn't put them on the agenda, but they said they'll have a restoration plan ready to present at that January meeting. So, that's a good update. >> Yep, it is. >> Okay.
>> They're on the wall. >> Yes, >> they really are. >> I can't wait. >> You know, if he was going to come tonight, they were going to bring a cake of Guinness. >> Um, then I have two more items. >> Two more items. One's um certified ma
male um dated November 5th um two mass c from Joshua Glass regarding Abberress. Um they're writing this letter to confirm the automatic extension of the
superseding order of conditions for SE17-166 which is Abberress. Um, so the ma Massachusetts passed the permit extension act 2024.
Um, so Joshua was just reiterating that the permit would be >> Did did you uh did he take anything out yesterday? Um so um I just wanted to make you guys
aware that they are moving forward with Avocon. They did request an extension. The extension will go till um superseding order indicates they are extended till January 24th 26 but the
extension act will um which passed in November of 24 will bring it to at least January 24th 28th. Okay. So that was some correspondence we received. More correspondence we received was the
notice of special permit and definitive subdivision plan. El Farmer Estates. Uh this is from the planning board. Bel Farmer Estates case 05-25 and 0625 at 843 Main Street Map 17 lot 109 135
and 208. In accordance with the provisions of Mass General Law, chapter 41, section 81T, the planning board approved the construction of a 26 lot subdivision located in the residential agricultural district in accordance with the town of Dy subdivision rules and
rags. The nature of the special permit was to construct construct the 26 single family homes with in a zone 2 wellhead protection area. A person agreed by the decision may appeal within 20 days. Um
so um that 20 days was upmber 4th. >> I just wanted to bring it to your attention. >> Okay. All right. >> Uh that is it for public input?
>> No. Um so first of all I have to uh provote calendars. I notice you've got them here. I just want to publicly uh this is storm water committee both of them actually. Uh so I just want everybody to know the storm water
calendar done in 2026 is out. It's available. It's in every public building. It's in two post offices and it's in two banks. and I regularly check and restock. And you'll be happy to know that Mr.
Digits is one of our new photographers. I actually had I actually had seven new people uh that submitted photos that we could use. I am now asking for photos for the 2027 calendar. I'm hoping to get
all the pictures selected by May so that I can get them to the school. So when school opens in September, we aren't sorting through photos. We're ready to get the calendar grid and stop because of the the very tight schedule to try to make it for the lights on. Um the other
thing is just a reminder, um photos must have to uh be taken in the town of Dyon. I need to know where they were taken and who took them. No buildings, no people, especially no children because I would have to get
written permission. If you send a photo to me with a calendar, you automatically give uh the town permission to use it. And the other uh comment is when you take a picture, whether it's your phone or a camera, please do landscape
the horizontal picture. In other words, you hold the floor a long way, that picture gets compressed to fit the calendar. And I had some nice pictures submitted that got squashed and became distorted. So, some of them can be
squashed and you end up with something you can use. But the main thing is turn your camera or your phone. So, you are uh like that screen over there. You're doing landscape. So, that way we can size it without distorting it. The other
thing I wanted to mention uh from the storm water committee is the work that Astroenica has asked to get permission to do lowering the water. I've been by the the Elm Street Dam a number of times. And when I went by it
this week, I noticed there was practically no water coming down the spillway because the dam the level has been lowered. Now, we're going to get some rain and I assume that it's going to start flowing, but it's going to stop and I want to
further reduce the level. My concern is from a storm water standpoint, first of all, that dam is a storm water management tool. Okay, we always think of did are they going to disturb 35,000 square feet? In the case of that structure, that's really not relevant.
That is a storm water control structure. If concrete remains, I'll call it dry, the water helps preserve, I call them the steps, the spillway. If they continue to lower the water,
that concrete, eventually there will be no flow. It's going to dry out. It's going to crack. That's another plus for them to take it down. And a decision hasn't been made. So all I'm asking is that when they come back again,
they need to understand and I will reach out to them. They've got to talk to the storm water committee. But there are concerns about the spillway not having any water eventually drying out, cracking, and then you'll have things growing in it like a parking lot that
doesn't get used or sealed and then you know, mother nature takes over. I think that would be a bigger threat than actually having leakage from the dam. So, just something to think about. >> That's a piece of private property.
>> That whole thing is private property. The dam, >> that's property in the town of Dyon that's governed by the rules and bylaws of the town of Dyon. >> That dam was put in for their use. >> It was a reservoir. when when it is not
in their use, it's supposed to come up. >> There is nothing that says that even in the even in the deed that gives them the water rights. It's been research. >> Tommy Tommy's read it. My mother read it. We're trying to find it. >> What I'm saying is
>> Zenica shouldn't have to be responsible for something that's supposed to come out. Anything that is located in the town of Dyon is under the control of the town of Dyon. I don't care who owns it. Even
town property when there is excavation involved, Tommy says, "Do I need a storm water permit?" And he's on the committee. What we do is if he needs a permit, obviously we wave the fee. But the other the other part of the oversight, just like your wetlands
protection act, we got the Clean Water Act. That's federal. That's EPA. So it's even over and above the town >> and D is not between the town and the EPA. The EPA is the one. So we move very
carefully. And I understand what you're saying, Jack, but all I'm saying is >> I'm saying that's going to be a liability for the town, >> right? I'm not going to get into that. I already submitted a proposal and they haven't responded to it and I have repeatedly asked the selectman to get us a response.
>> I know what's involved. All right. So, I'm talking I'm only talking storm water right now and my concerns about their requesting to lower the water further. >> Okay. >> Thank you.
>> Okay. >> Thank you. >> I have one more item. Sorry. And then I'll let everyone go home. I want to go home, too. Um 1060 Main Street. Um we never ratify the enforcement order
that we sent out. We sent it out on October 28th, 2025. Um sorry, sneeze. Uh would you mind doing that tonight? >> Okay. uh wherever order. We're going to
take this out of order from wherever it should have been. It should have been in the other level. Uh an enforcement order to 1060 Main Street Farm uh Michael Sheen. Um uh Lisa, could you explain the
enforcement order? >> Uh yeah, it was due to the uh large amount of clearing in the wetland. Um since remember they were at the last meeting they installed the necessary erosion controls and then um spread some
winter rye and some straw and okay multiple multiple lay layers of erosion controls >> to protect that BBW. >> Okay, >> they're remember I just reported they're going to be submitting a restoration
plan to be approved at the January meeting. Okay. What we're looking for then is a vote to ratify the enforcement order uh sent out to to 1060 uh Main Street. Um and the name of the
violator is uh Crown Colony uh uh in Colon. Yeah. Crown Colony Drive at Michael Sh. Is there a motion? >> So moved. >> Is there a second? All in favor? I
>> Okay, Bill, when you coming back? >> I'll be back on Monday. >> Okay. Well, you can come in and you can uh sign that enforcement order. >> Okay. >> Monday is
>> that's Monday, Tuesday. >> Okay. >> It's okay. Okay, we'll put it up. Next time you're around, you can sign it. >> Okay. Yeah. Is there a motion to adjurnn? >> A motion to adjourn. >> Second. >> All in favor?
>> I >> Happy holidays.