WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=uHe_FE6Xdzo

NOTE
MEETING SECTIONS:

Part 1 (Video ID: uHe_FE6Xdzo):
- 00:00:46: Meeting Commences: Bell Farms Mitigation Plan Presentation
- 00:07:54: Bell Farms Approved: Zenica and Tyler G Continuances
- 00:10:50: Water Street Garage: Variance, Shrubs, and Placards Discussion
- 00:24:50: MassDOT Pleasant Street Bridge Project Overview
- 00:29:55: Bridge Project: Addressing D Comments on Laydown Areas
- 00:35:03: Bridge Project: Dewatering Methods, Monitoring, and Funding
- 00:41:38: Bridge Project: Sheet Piles, Rip Rap, and Stream Bed Restoration
- 00:46:09: Bridge Project Approved: Enforcement Orders Discussion Begins
- 00:58:17: Enforcement: Lewis Street, Hot Street, Main Street
- 01:00:50: Enforcement: Maple Swamp Road Site Visit Scheduled
- 01:04:53: Tiger Lily Deviation: Discussing Unauthorized Boulder Wall
- 01:11:18: Tiger Lily Deviation: Photos and Unauthorized Road
- 01:17:01: Tiger Lily Deviation: Lawn, Erosion and Potential Concerns
- 01:25:14: Public Input: Open Meeting Law Violation Alerted
- 01:26:38: Budget: Gas Card Acknowledgment Approved
- 01:31:11: Wetland Protection Act: Reviewing Filing Fee Usage
- 01:36:24: Bylaw Change: Conservation Fund Crediting Proposed
- 01:42:36: Public Input: Soil Relocation Request on Railroad Tracks


Part: 1

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Turn the mic on. >> Okay, the mic's going to be on. >> Waiting for you, Dave. >> What are we all doing? Okay, we're going to call the D conservation commission. >> Oh, okay.

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>> How we doing, gentlemen? Calling the D Conservation Commission meeting to order. It's Thursday, uh, March 19, 2026. Would everyone stand please allegiance to the flag of the United States of

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America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay. This uh meeting is televised uh video audio for cable production and

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internet hosting. First on the agenda is the bell farms. Everyone David Kelly with CC here with Carell owner project. Um, last time we were here before you, we had received all comments

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and basically quote unquote sign off from Western Samson. We discussed a couple of minor, shouldn't say minor, couple of still issues that the commission members had regarding some replication mitigation plantings for the 25 foot no disturb

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wetland crossing area and for some of the lands within the 100 foot buffer that were being altered. Since then we have prepared a mitigation plan with the help of a Azenis and we have basically uh in some in summary uh

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we're mitigating the disturbance within the 25 foot buffer more or less one for one with the addition of 16 trees and approximately 60 shrubs just for that wetland crossing vicinity

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and then for some of the folk buffer mitigation area. We are adding a significant amount of plantings and trees as well. All in all, for those mitigation that we talked about, we are adding 100 trees and over 300 troughs um

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to help mitigate some of those buffer zone areas um that are being altered. The planting protocol has been provided as well along with the list of the species, the number of species. The sketch at the back shows the location of the

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mitigation. Um the mitigation is at the 25 ft buffer or by the wetland crossing. Then as you enter in further where there's a wetland on each side of the road, we are putting a lot of the mitigation in that area. So when the road is constructed, there will be some

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grading to required sides of the road that area will then be replanted and restored. The third location is down towards the culde-sac um on the far end of the property again along the edge of the the wetland side of the road. That area will be graded uh

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as needed in order to construct the roadway, but then planted uh you know as described in the mitigation report. Um I think that the okay >> documentation in front of you is detailed and meets the intent of what

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you were looking for. >> Lisa, uh you've received all the material and uh >> yeah, thank you for working with us over the past I think it's been over a year, right? Maybe two months. >> Y um I'm pleased with the with the

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mitigation. I just wanted to ask Carl, did you have a chance to see I did. >> Okay. >> Discussions reviewed. Even when I saw it, I was like, "Wow, it's wild plants." But, you know, it all makes sense and >> yeah, >> I'm on board. >> And And you're going to be working with

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the wetland scientist out there to make sure that stuff's the right plants going in the right location, dealing with all the other things. If you look at um page I don't know which page it is it's the proposed buffer mitigation protocol which outlines step by step how this is to be

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installed um item number one is all work shall be overseen by the qualified biologist so >> great with the reporting >> I already spoken that you know I had many questions about location stuff and u

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explain everything perfectly fine and during the process if I had any questions he's a phone call away >> he's also going be available at the site, right? Or someone is >> if that's what you request. I mean, again, it's not my >> usually oversight, you know,

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>> that's fine. If it's if it's required, then I'll make sure that's fine. >> And the other only other thing that I had was two things. The nifty's permit, have you started applying for it? >> Once approvals are in hand prior to any construction, that will get

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>> great title for approved and on and on site obviously during construction. And then the elicit discharge statement. >> I Oh, darn it. Yeah, I can I can sign that PDF that to you tonight if you want me to. >> Yeah, I think we >> Any decision would have to be pending

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that. >> I I mean, if you have a copy of the notice of intent right there behind you, I will sign it right now. >> Okay. I pretty sure I might. >> So, that that one totally spaced my mind. My apologies.

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>> That's okay. And I don't know if the question has anything else, but >> this is good. This means progress. >> I think we've we've come a long way since day one. I think what's before you now with the mitigation, without the mitigation as designed, I think this is

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a tremendous project. The last time we met there was two to three feet of snow on the ground and uh and now now that everything's ready to go uh where we all set, please sir. >> It's right here.

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>> Obviously, we'll have conditions of approval and we have 21 days to issue those. 21 days. I thought it was 21 days till it has to be recorded. >> Nope. 21 days for us to issue. I don't think we'll take 21.

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>> Okay. >> Probably have them done within >> and then when you get them then you can record. >> There's a 10day appeal period. >> So if any of the abutters or anyone's going to uh

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>> Okay. But um you have to see if any of the abutters have any questions. >> Okay. Uh we have any abutters with questions for the people at Bel Farmer Estates.

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Okay, we're ready to take a vote. Is there a motion? Look for a motion. motion >> to accept the uh >> okay with with associated orders. >> Is there a second? >> Second.

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>> All in favor? >> I sent. >> Thank you very much. We'll look for those conditions coordinate with you for that. >> Yeah, I will. Um, so I will email you or I will call you when they're ready. And

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then if you want either one of you two will come pick it up. And when you do, if you just um want to sit down and read through it and within a day or two, get back to me and let me know if you have any questions or anything. >> Sounds good. Thank you all for your

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time. >> Thank you. >> Okay. Next on the agenda is a notice of intent. It was from Zenica and they have requested a continuence to our April 16th meeting. Is there a motion to

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accept that continue with that request? >> So moved. >> Second. >> Second. All in favor? >> Okay. Uh we have a notice of intent application from Tyler G on Center Street. Um I think we're still awaiting

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uh our peer review from Weston and Samson. Lisa, could you uh >> correct? >> Uh have funds has has that been funded? >> It has been funded. Yeah. And um we did receive a continuence request from Mr. Watson today. Um so they requested the

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continuence to April 16th. >> Okay. Just for the record, I just want to let the commission know that the planning board um um has is in receipt of Weston and Samson's comments and from what I understand those comments have been

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addressed or in the process of being addressed as well. So, um Megan was waiting until the snow melted to go do the field work and now I think probably within the next couple days she'll have that done.

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>> Okay. Uh is there a motion to uh continue the hearing till April 16th? >> So moved. >> Second. >> All in favor? We have a notice of intent application from Tom Ransley uh 2158 Water Street

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for the construction of a 20 foot by 30 foot garage. Um Lisa, did you get any revisions on that? Um, no I did not. No, not yet. I think

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maybe John is here with them now. >> You have stuff for us. >> I do. >> Okay. Last one. >> Yeah. So what were your envisions moving the

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garage much closer to >> Is this the old one? No. >> Okay, let's take let's compare this. >> Okay, so he's uh

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nine nine ft closer to the house. Yep. >> Okay. The containers have been moved from here to here. From they were here, the containers. >> Yeah, they were there. >> So now they're they're here, >> right?

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Um yeah, from previous discussion, I was under the impression that uh materials in those containers were going to be going into the garage and the and those containers were going to be uh um

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>> but were going to evaporate. They probably will, but in uh they can't just magically evaporate overnight because of of the material and whatnot that he has in. >> Are they going away maybe within a year

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of having a garage? >> I don't know if I can have right now. I don't have enough room for any >> I don't know. Can you speak Can you speak up and state your name? No, for the record. Sorry. >> Yeah, for for the lady doing that.

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She hear it, Tom Rand. >> Okay. Um, no, because she's going to be taking notes. She does it from the uh audio and video. >> Yeah. >> So, if you speak into the mic would be good. >> Mike, Tom Ramsey.

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>> Okay. And tell us about those containers. >> There's only one container. The other one's a shed. >> Okay. >> I have to move the shed on the drawing, which is nothing I want to do. Yeah, >> because it it's really hardship.

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>> I don't have enough storage. Property is just what it is. >> You guys have made it real hard. >> Not necessarily. We're just following our rules. >> We have specific >> We'll be dead before this gets done. >> Yeah, but that's not our fault. Couldn't

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be if it takes too long. >> We just got the plan tonight. >> I did too. I just saw him. >> So that's not my >> I blame you. >> Yeah, you said >> I didn't. >> I could be dead, too. You know,

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>> could be. So, let's see. >> So, did you pull it outside the 50 foot no build? We have a no vote. No. >> No. >> So >> there there's no there's no possible way. >> Okay. Because we need something from you according to our bylaw.

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>> No. I mean if you want to talk about bylaws, we can. And we can go through grandfathering issues if if you wish because basically what you're doing is you're

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eliminating his uh allowed use of the property. And that's you can go and haggle through that all night if you would if you want to. So this is a pre-existing non-conforming

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lot. They had since it was created long before the bylaw. Your bylaw is basically making a portion of his lot extremely unusable and you cannot do that under Massachusetts state law.

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>> But it is usable now. It's usable right now. Yes, it is. And you're what you're trying to do is making it unusable. >> No, we're not trying to do anything. >> Sure. >> We're just trying to get what he wants into conformity with state and local

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law. That's all we're trying to do. >> Yeah. Exactly. You have a local bylaw and local bylaws are good for brand new laws or whatever. >> And we're not uh saying that. We just uh >> I was going to ask about the 50 foot no

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touch and there's no way that the garage >> it's a 50 foot no build 25 foot no touch. So I think you conform with the 25 foot no touch. >> We we we conform with that which is a current >> which is current landscape area or grass

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but yes. >> Okay. >> And we tried to stay out of that to comply with that as much as we could. Well, that's what we're I mean you can So you've made adjustments already from the original to make Yes, we have to

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come into close to compliance or compliance with what we're >> as much as possible. Yes. >> Do any trees need to come down for the garage? >> It's it's grass. >> It's all grass. Nothing in the old >> It's There's trees out in front on the

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front line. That's all. Um, I guess I would just recommend to the commission, I mean, under our bylaw, again, we have a 50 foot no build. If they can't conform to that, then we have to request a written variance. Can you

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put something in writing to us? >> Absolutely. >> Okay. So, put something in writing to us and then um we ask for some sort of a mitigation. So, would you be willing to plant some shrubs like we talked about?

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>> Yeah, >> I like plants. >> Good. So, some native shrubs. >> Where would you like the plantings? Because I mean >> I know >> you know we know it's tight. Yeah,

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>> we we were there. We know it's tight. >> I mean, we might be able to do something along the southern eastern lot line. >> Yeah, that's what I was thinking >> because there is the wetland from the marsh over on that side. So, we could possibly play

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>> there. >> Okay. So I mean um we I think we can condition it uh working with you uh if you give me a number of how many shrubs unless you want to plant a couple

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of small trees. I don't know. >> Yeah, we we'll probably do a couple mixture of couple of small trees in the shrubs. Okay. That's that's why >> you know we're not looking to take away from your existing yard. So if you just want to put it in the 25 foot, no touch.

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The other thing is we have the placards we usually require. >> Yeah, that's the other thing I want to talk to you. That's going to be y going to a point over his house. I mean, we we can put the blackage up on the

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fence line up. >> Okay. >> And because otherwise no, >> right, there's nothing there's nothing there. >> I don't think he wants to see him watching the news with a plaque in front of the TV. It's most I mean I think you're going to remember that you're in a wetland area,

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right? It's mostly for the people after you. >> Yes. >> You know, >> house is built in where it is. I didn't build it. >> Yeah. So >> that house was underwater. >> There's a a fencing up on that uh line.

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So I mean we can throw some plackets on the fence. >> That's fine. Uh can you condition this a as based upon the information that we have here now? >> Uh yeah.

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>> Uh talking about the uh uh the locations the the date of this map. >> I think they moved it as much as they can. >> I think so too. >> I think they did. >> I mean we just got to go back to zoning board with an updated plan because they approved it back further. But so we got

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to update that or approval. >> Uh did you move so did you move closer to the property line with that? >> No, but we moved it uh closer to the house. But we just got to up >> I think nine or 10 feet closer. >> Yeah. >> So we we just got to update them because their approval reflects the previous

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plan, >> right? >> Yeah. We went from 15 to six. >> I don't know what you'd have to go through another hearing with that. No, it's just to give them an updated plan showing that. >> Makes sense. >> Yeah. Well, I'm sure this plan right

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here would would satisfy them. >> Yeah, because it's still the same set back off of the property that we just >> Okay. >> Um, so yes, so a couple of native species. Uh so you know I think

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>> that and the uh put into the variance the 50 foot >> right >> now uh this plan that you just gave us is dated 11

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three of 25. No, there's revision date. >> There's a revision on the lower right hand corner. Right here. >> Okay. All right. I got it. Okay. >> All right. >> Some people put it there, some people put it up top, some don't put it at all.

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>> So, yeah. So with the two native species with the quantities and then the placards. >> Yeah, the placards on the fence >> and the written variance just a couple paragraphs is fine. >> That's fine. >> Okay. Uh anybody have any questions

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here? Any members? Any questions? >> Yeah, we're going to hang it on. Uh >> anyone in the audience have uh any questions for the Reinsley barrage? Okay. Uh shall we take a uh a motion

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with a vote? >> Motion to accept 2158 Water Street, Tom Ramsley. Um with said conditions. >> Is there a second? >> No second.

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>> Okay. Uh all in favor? Hi. >> 21 days to issue it, but I don't expect it's going to take that long. I'll probably have it ready this week. >> I'll I'll have >> great night.

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>> Thank you, Mr. >> We're almost there. Are you able to take the boat to the front yard this this week and all that rain? >> Is is it No. Is that cuz the the river must be really high that kind of rain doesn'tffect where I am on the river.

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>> Yeah. Cleans there >> cuz I know Bridgewwater Bridgew. Yeah. Oh yeah. >> Thank you. I'm sorry. >> Thank you. >> Okay. >> Jim, before you move on, can you just

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announce we had three um two ins and um one RDA where a lot of notices went out. We couldn't close the legal notice because of the newspaper. They're not listed here. If anyone's here for um two

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Ian Rads for one for Courtland uh is it Courtland Road, Courtland Drive? >> Yes. >> Courtland Road and William Street. And then the other one's an RDA um for Main Street. If anyone's here for those items, we had a problem with the

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newspaper and posting the legal notice so we could officially have the hearing tonight. We asked them to come back for April 16th. But in the meantime, if you want to take a brochure, you can email me and I can send you the information on

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what exactly the project is about. Okay. >> Okay. >> Sorry to keep you waiting. >> But it was enjoyable seeing a lot of people. >> We'll see you next month. >> Goodbye, everybody.

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Uh DT. >> Okay. Uh this this is a notice of intent by the Mass Department of Transportation of the town of Dayton for replacement of the bridge uh that carries uh uh

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Pleasant Street over Honey Cole Brook. Now last month you guys or somebody whether it was you two you two were here last last month >> I was here. Oh, I'll tell you 3 to 8 years is awful scary. I like 3 to eight days better.

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>> Right in right in a thing already, Jim. There five and a half months where they can't work according to the fisheries. >> Well, they could uh you know, I get ready and just drop it into place. >> If they stayed, let them go like they did the Fast and Furious a few years

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ago. They did 14 bridges on 12 weekends. Correct. >> Yeah. Oh, the um >> up above the city. >> Yeah, the um on the expressway. >> Yeah. >> Yeah, that was all the accelerated bridge. >> Why don't we do that down here?

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>> There are some accelerated bridge components in it. >> Yeah. >> Yeah. There's there's um so I guess for the record talk, I'm the project manager at for so uh we're here on behalf of the town of Don um and there are accelerated bridge components. There's pre-cast a

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pre-cast superstructure with um that that has a concrete deck in it. The holdup isn't really construction. It's it's the it's the time of year restrictions for >> reading I was reading a report as close to six months when

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>> Yeah. So we >> the um I guess opening up with that the uh so the last time and I apologize for not being here last month. I I I have a conflict. Um but originally it we the

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that 75% construction time duration was 5 and a half years but that was based on some you know assumed time of year restrictions. So we've gotten the time of year restrictions uh more refined which now are um no work within the

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water from March 15th to June 30th and from September 1st November 15th. Wait, what were those dates again? >> My report. >> Oh, okay. >> March March 1st to July 15th, I believe.

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>> March 15th to June 30th. >> June 30th. >> September 1st to November 15th >> is uh no work in water. So after getting those dates, refining it, our construction time durations down to two and a half years. And and with the

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constraints, I don't know that we'll be able to do any better. So uh we we did get I mean five and a half years is a ridiculous time but those were going off assumptions. So now that we have the now that we have the actual um time of year restrictions

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we're at two and a half years. Now that's you know these are that is assuming contractor contractor gets things done in a certain sequence. It may be faster than that. Um, you know, that that's assuming that it takes them so long to

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move the gas move the gas line or do something else. It may be faster than that. I I don't know. Right now, our our our best estimate is two and a half. >> Okay. All right. I have I must have mine at home. Okay. I get so much at home

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that uh it fills my desk. >> What are you looking for? I gave you a new one. >> Yeah, it's home. >> Oh, no. I got another one. I got >> Okay. All right. This looks very familiar. >> Oh, I got No, I got it right here. We're

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all set. >> All right. So in and since I I believe um and in Tyler can speak I I believe that one of the concerns was um uh the providing a response to D comments which our responses are in here. Yeah.

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>> Can you read them for the record please? >> Sure. Yeah. I can go through them for you. >> All right. Thank you. >> Yep. Um so uh the the first comment from DP was um about lay down and dewatering areas. Uh they asked for them to be identified on the construction period pollution prevention and erosion and

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sedimentation control plan. Um and then the control of water plan um that would be conditioned uh conditioned with the water quality sir. Um so our it's given us the the space constraint constraints at the site. Um mass D is recommending

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that we identify the areas where um these things can occur on the site um with stock piles being located uh at least 50 feet away from resource areas, catch basins or other drainage conveyances. Um so the exact location of

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the um stockpile locations uh and dewatering uh is is going to be determined by the contractor in the field based on the the site conditions. Um it's a very narrow site. Um and actually um locations greater than 50 ft from resource areas just don't exist at

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the site. Um the work is going to be conducted from the the surface of Pleasant Street. Um and then on um to the the west is Salt Marsh and to the east is Tsentennial Park which is protected article 97 land. Um so we can't use either of those for either.

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>> We can't use the park. >> No, >> you would think you think you would should be >> is there any common sense variance for that? >> You can't it in in order to use the park we would have to have um we would have

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to have a temporary easement for that. So we would have and in doing that you would have to get article 97 would you would need legislative approval in order to do that and part of this project is the town has received the $2.5 million

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um grant from Senator Aenclaus's office and that grant has an obligation date which is this September. So if this project isn't out the bid by September the town loses the $2.5 million. So we do we do have well it's the $2 and half

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million dollar grant plus a 25% match from mass dot. So it's over $3 million in construction funds the town lose if it's not out to bid by September. Uh the other thing is we we currently have article 97 legislation in for review and

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approval right now because of the um the uh the I want to say rip wrap the modified stone fill that's on the embankment there with tsentennial park which is only like a thousand square feet but even though that's on park land we're just taking rip wrap away and then

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putting the modified rock fill even though in doing that we still have to file for article 97. So we have legislation in right now for review and approval. >> If we were to suggest if we were to suggest that Tsentennial Park would be

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used for >> temporarily >> it still require temporaries. You still have to go through the same process. >> There should there should be enough roadway down there. A contractor should be able to use half the road and still

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>> do the lay down area. They have a copy of the plans that I sent also the to I have extras if you so that's exactly what we're proposing is to use >> they're just really small >> they well those are the 11 by 17 that's that's what they require at uh for army

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corps um but that's exactly what we're proposing is to put the the stockpile location at least 25 ft areas uh within the surface they build up the side. It's a long way back

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road here and you know they got roadway here. >> Y >> that way I'm not going to tell contract how to do it for operating engineers. So >> So like that. >> Yes. So what we've included in the

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project specifications is that the contractor use that area and also contain any stockpile material >> and and I believe just additional protections. Um what we said exactly

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um if the uh street is going to be closed in our >> what's wrong with uh using the the street is as stockpiling at least part of it. Well, that's that's what we're proposing. >> That's what we're proposing to do. The problem is it's still within 50 ft.

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>> Yeah. Their requirement is 50 feet. Um, also for dewatering um, which is another um issue posed by the site. You know, again, there's no suitable upland to dewater to. Um, you know, we're we're not going to um we're not going to determine what the exact dewatering

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method is going to be. That's up to the contractor. Um they need to submit a dewatering plan um to VA to Division of Marine Fisheries >> NS. That was my question. >> Yep. Uh yeah. So that does need to go through several several levels of review

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before that. >> You have to talk about dewatering. >> What are you dewatering? You're dewatering muddy cove. >> No. So it would just be >> Yeah. This shows a little bit better. So these take that water clean. >> The coffer dams are just being installed

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along the abutments. Um so these areas would be dewatered on either side and then the brook would continue to flow through to the center of the project. >> Okay. >> They have to we have to remove the existing bridge abutments and piles to build the new ones. >> Okay.

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>> So that will be there'll be a copper dam in place. We'll have to dewater the cough of AMS required for the pile for not necessarily for demolition but for pile to install the

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new piles and pour new concrete. >> So who wins this bid? Obviously they're going to submit like you said uh their plan for dewatering. That's that's the big issue with us because I I can see you'll have uh a fair amount of

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dewatering. >> Yeah. The contractor the contractor will submit their dewatering plan for review and approval. >> They'll submit to us >> adjustments in the event that the the plan doesn't really affect uh I'm going through this myself right now.

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>> Okay. if if the dewatering plan, you know, sometimes anticipated dewatering plans don't quite come out the way you'd like them to. So, are we going to have regular inspections to be a or someone's going to inspect it periodically?

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>> Not conservation. We mean the state >> mass will have a resident engineer on site full time. >> That $3 million is going to go awful fast. I was just thinking >> the state not us.

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>> Yeah, I know. >> No, I mean >> Yeah. Yeah. Between the between the sheathing and >> the state engineer >> there will be environmental monitoring and and there will be an on-site resident engine >> who's doing the environmental monitoring

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you or weekly or >> I don't know off the top of my head. >> We usually we don't have a construction service. This one's a little this this product's because of the grant um you know typically we provide construction

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services um for mass but because this is this this is odd because of the grant that the bridge had to be designed in accordance with mass. So in other words the money flow has to flow through masttod just doesn't get the two and a half but the money has to

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flow through mascot. So in order to do that we have to it has to be designed in accordance with mass. Now moving to construction typically Massadot would just hire us for construction services but for this

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project there Masot's not going to pay Beta to do the construction services. The town's going to have to hire Beta for construction services. So the construction services scope and agreement we haven't worked out with the town yet. We're still trying to wrap up design. So, um, you know, we can include

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environmental monitoring as part as part of that, but we haven't negotiated construction services yet with the town. >> I would say that the t conservation commission is most likely going to be asking for that in our order of conditions, just so you know. >> Yeah. And we're, you know, once once we

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clear it with with the board here, we're we're sort of still out in the dark as to exactly what what we're clearing and what we're, you know, what's going on. So that's why we we wanted uh we want to know who's going to be doing the oversight and whether or not we're going

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to be doing any oversight. >> It's con environmental monitoring is is is a typical task with construction services. >> We are familiar. We're very >> Yeah. So, you know, well, exactly, but

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as of today, there is no construction services um agreement in place with Beta and the town. And that's probably not going to happen until after your next town meeting. And you and and Tom is able to secure funds for it. >> I'll have to remind the town

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administrator when I see him next that he's going to make sure there's budget in there. >> But I mean, we got a time constraint of September to get this all before that. I mean, it has to be out to bid by September. I mean, we're the design. >> Well, so you don't need the bid. You

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don't need confirmation of the bid being accepted by September. >> We So, design documents and permitting needs to be in place by I would say by this summer. Well, what's going to happen is Masdot's going to collect the design. They're going to collect the permits and and they're going to put

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they're the ones that are going to put it out to bid. Beta is not putting it out. Mas dot will put it out to bid. and they're not going to put it out to bid unless they have all the permits, unless they have the article 97 approval and all that and all that has to happen. So,

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you know, I I schedule is I I want to say by I think it's middle of August, we have to have everything we have to have everything to mass so they can start preparing the bid documents and get it ready. The bid date right now, I think, is set for September somewhere, but the

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obligation date for the grant is end of September. September. >> Whoever wins this bid's going to work through the winter. >> Yeah. What they can do? Yes. Yes. Yeah. There

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no winter shutdown. >> Except between September, we're sorry, September and November. Looks like there's a shutdown. >> Well, the the time of year restrictions are are for the >> that's in the water.

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>> That's just for in >> We did clarify that with division of marine fisheries and they did confirm that that is just for work in the water, not behind the coffer dam so work can continue to go go on while those are in place. >> Okay. >> We kind of interrupted you. You were in the middle. >> I'm sorry. No, I get that was that was a

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big item. I think that first one that needed to get clarified, so that's okay. Um the second comment is um the project proposes to cut the sheet piles two feet below the mud line uh and leave them in place after construction. Um if sheet piles are not needed um operationally or

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for stabilization following the peer removal uh full removal of the sheet piles from land ocean is required upon stabilization of the area. Um so mass DOT requires the sheet piles to remain in place cut two feet below the mud line. Um if we were to remove the sheet

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piling, it it's likely to shift or crack the the brackets. So So they proposed to remain in place. Um number three, Mass D understands consultation with um Massachusetts Division of Marine Fisheries was initiated to determine the time of year

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restrictions um and to provide the resulting correspondence which we've done the the email with them is in the is in the packet. Um and again the the time of year restrictions are March 15th to June 30th and September 1st to November 15th. Um and once again the work is is allowed

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to continue behind the coffer dams during those times. It's just for inwater work. Um item number four as proposed rip wrap coincides with salt marsh flags uh SM2-105 and 106 uh in the southeast quadrant. Uh

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and placement will likely temporarily or permanently alter salt marsh. Um proposed rip wrap is also in close proximity to salt flag salt marsh flags SM3 101 and 102 in the northeast quadrant. Uh the limit of rip wrap should be pulled back from salt marsh to the extent possible. Um so we actually

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addressed this also in the army corps um review process which I I did actually mention at the last hearing. Um there is on the site to the northwest and the southeast. Um the limit of work is about a foot away

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from the salt marsh. Uh it's it doesn't actually coincide with the limit of salt marsh. Um so we're proposing a chain length fence um along with the usual uh sedimentation and erosion controls to provide a barrier um to prevent any rip wrap from from impacting the salt marsh.

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Um and I did want to just reiterate because they they're asking for reducing the footprint of the rip wrap. Um the the proposed rock fill that's being placed along the bridge there is is in the location of the existing rip wrap stone. Um and it was reduced as much as we possibly could during the design

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phase. We did uh evaluate that. Um number five, Beta's hydraulic uh and scour analysis report recommends installing an unsupported piling that can sustain sustain sorry an abupment scour depth for the 50-year storm. Given

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this recommendation, is there a need for additional scour counter measures in the form of rip wrap or modified rock fill around the proposed abutments and abutment corners? And if so, can the volume be reduced? Um, a reduction in the amount of proposed modified rock filled at the abupment corners would reduce potential inadvertent impact salt

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marsh could provide opportunity for restoration. Um, so that once again that that kind of goes back in response to number four. We did evaluate reducing the footprint. Um, I do just as a a point of note here. Um um there's no rip wrap proposed within

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the stream itself here. Um it's only at the four corners. Um so so rip wrap zone is not being proposed for scour protection along the those abupments. only proposed at the corners um along the wing walls and that's to prevent scour um from from tidal action um

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beneath the limit of um yeah it proposed yeah the at the corners sorry um so item number six um a cross-section of the stream bed restoration area specifying thickness and natural stream bed layers along with

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proposed abutments should be provided um so we did provide that uh cross-section in these plans. Uh I just found a sheet three of this packet here. And this just basically shows um like I said, we're

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not proposing rip wrap along the abundance beneath the bridge. It would actually be um two feet of gravel gravel borrow uh sorry gravel borrow topped by two feet of stream bed restoration material to match the existing stream bed.

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Um uh and then lastly, item number seven. While site restrictions limit the opportunity for storm water control measures, please evaluate plantings and or seeding within the Pleasant Street or Muddy Cove Lane rights of way uh to slow flow velocities and promote infiltration

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which would improve existing conditions. While no credit for removal of total suspended solids would apply, the vegetation would provide some treatment to storm water runoff prior to discharging it to Muddy Coke Brook. Um in terms of um uh storm water control measures, we did evaluate several um

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alternatives in the narrative. Um and um just due to site constraints, you know, um like we said with article 97 land, there aren't really isn't much space to provide structural storm water control measures. Um we are still providing um

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uh proposing a seed mix along the road shoulders to provide some sort of storm water infiltration. um you know treatment. Um >> what about during construction though? >> Um >> any uh erosion control blanket maybe?

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>> Um the slopes along the bridge it's it's it's only like a foot or two wide. That's very small. Um so um uh you know and we are already proposing the um uh sedimentation and

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erosion controls down gradient of these these areas here. Um so in addition to that there's not a whole lot of room to install much else. There is the sedimentation and erosion control measures that that contractor is going to be required to do and we do

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have specifications for all that included in the contract. Is this going to require sweat monitoring or nifties or no the state? Do they have to do the nifties permanent for this? >> Not aware. >> I don't know the answer to that

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question. >> I don't I almost think they don't have to because they're the state. >> It's less than an acre. >> Yeah. Um because we have a storm water committee in town. They might I don't know if they're going to be requiring

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um is it greater than 35,000 square feet of disturbance >> less than an acre? >> I don't believe so. I I >> Okay. >> Yeah, we in regards to storm water, we we've done those evaluations. As far as

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as far as I know, we've looked at everything that's required. But to answer your specific question, I don't have an answer for that. I can find out though. Yeah. Well, I mean, I think we'll probably end up conditioning it so that you know, um, after heavy periods

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of rain, someone's the environmental monitors providing inspection reports and then, um, what about pollution prevention too? I mean the contractor >> there's there's extensive because of the

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because of the history of the site >> u there's extensive language and the specifications for um testing monitoring and removal of contaminated materials. >> So the contractor has to be very familiar with all that. That's >> the contractor be very familiar with

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that. And for this site, basically every every um yard of of material that's removed has to be the contractor will be um responsible for testing and then uh

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providing their remediation plan where it's going. It it's there's extensive language in the contract documents. Is this the same tributary that goes up to the dam? >> Yeah. >> Yeah. >> Yeah. >> Which is another

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>> So, >> yeah, >> there's there are some discussions as to whether or not the dam is going to remain. And in the event that this dam uh is

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removed or there's an excess flow of of of water, how is that going to impact your site? >> This the the design storm for this structure is over the top of the roadway

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today as it is. There's no there's no what we can widen this up by 10 feet to accommodate. Oh, I understand that part of it. But what I'm saying is if in the event that they they want to lower the

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lower the the increase the flow of the dam uh by uh depleting the water that's behind the dam. And so that would give you an abnormal increase because it's been damned up. How will that affect your your site?

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>> I I there's no way for me to answer that right now. I do want to point out though that this is all title. Um it is restricted upstream by the dam but u it's because I think is your concern that that you know additional water coming down >> say the damn >> Yeah.

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>> Well, I don't want to say that. >> Well, I'm sure it's not going to happen. No, >> I I was just wondering if there was any consideration given to uh a change in the dramatic change in the flow

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>> there and it may be rhetorical at this point, right? >> Yeah. I mean, I can I can tell you that the the hydraulic studies that were done for this and going through mass dot >> as long as they were aware of what's pending.

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>> Yeah. I I don't I don't I can't say that it was taken into consideration removal of the >> upstream dam. >> Isn't there a railroad bridge with >> water running down there having a dam between 13?

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>> I believe there is. >> So that would slow it down and uh >> hydraulics. Yes, hydraulics controlled by the river. >> You've got a collection that's controlling >> point there which >> I don't think would offer much of a

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>> Yeah. >> Yeah. But even if the dam you're going to have water coming whether they take the dam out or not that's an open water supply. >> It's just they increase it say your your

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flow might change dramatically. Now these these poor guys are trying to work and >> I mean this may not be >> another way. You got another spillway at 138 and I mean they're in tighter water here. So >> yeah, >> I mean that drops off that drops off in

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138 and drops down. So >> you know like I say I don't think the dam really comes into effect >> working on that bridge. >> You know what I'm saying? control. I don't see it. I don't see it either. >> I might be wrong, but I think, you know, control

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>> I think it has to be considered though. So, you know what I mean? >> Yeah, they're coming. They're coming here. >> It's on our agenda. >> And I think that what what our concern could be to them is if they need to have a a lowering that it be done uh in

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consideration of workers there and the tide. >> Yeah. >> That's why we We have to bring this out. >> Okay. And let them know. >> Probably next month they'll be here, the the Zenica people, and we can make our

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comments known to them. >> Will we be done with this tonight? >> Maybe. >> Possibly. >> No, I I >> I don't know. >> You You have You have a ways to go. >> No, our We're our design is done. >> You're done? >> We're done. We're we'll be submitting

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plans final plans spec estimate beginning of next month. >> No. Um I think they're all they're they're done with us now if we approve it tonight. >> Oh, you know I just turn the page Tyler and I saw the uh construction period prevent pollution prevention and erosion

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control plan. Um it's very short but it involves inspectors qualifications. Yeah. So it does require sweat. You guys should probably be preparing

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that. I don't I don't know whoever >> I feel with the time constraint of September and with the possibility of losing the grant money >> ifable time. >> Yeah. >> We got to move. We got to move.

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>> Yeah. Well, I mean, they they're going to have a tremendous number of people monitoring this, whether it be the uh the state, the Army Corps, or whatever. Uh it's going to even exceed our capacity. >> Oh, absolutely.

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>> Um you know, uh I I am fine with their presentation and what they're going to do. I mean it's got to be done and uh you know they have so many uh precautions in place that that um

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>> uh and somebody's always going by there to to do monitoring. Um do anybody else have any questions here? Anyone in the audience have uh questions

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for these gentlemen? Okay. Uh shall we look for a motion then on this project? >> Motion to approve notice of intent >> on the muddy code bridge. >> So we're only approving it under the

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local bylaw. Correct. because yeah it was exempt under the wetlands protection act >> please said bunches of conditions >> we'll have special conditions which we can work with you on that >> is there a second >> you want to contact me like maybe

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Wednesday >> second by Jack >> all in favor >> thank you >> that's not an air raid signal is No, I hope not. >> I'm from Rhode Island. So, every five

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years I just missed a fast project. >> It hit me while we were talking. discussion. >> Okay. Next on the agenda, uh we have no certificate of compliances. Uh right,

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none. should have let me >> Lisa. No certificate of appliances. >> Uh no, no request. >> Okay. Uh we have other items to come up. Uh uh various enforcement orders. Lewis Straight.

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Someone here to represent uh 2625 Lewis Street. >> No one is here. Um, apparently the the site uh the house gets sold and they're talking about maybe subdividing. I did speak with the engineering firm that's

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determining the feasibility and I I sent them a copy of our bylaw and I told them it was under enforcement uh and the reasons why. So I think the new owner is probably aware by now. >> Uh 418 Hot Street

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Is he representing? >> He's not here, but he did come visit me yesterday. I gave him another copy of his order of conditions. >> Did you notify him of uh the cost of extra uh orders of conditions?

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>> Okay. >> That wasn't the top of my list, but uh >> but Okay. For for future. >> Yeah. >> Okay. >> So, um he's working with the engineer. He needs to sell the house. He's having some issues,

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but he needs to get a CS built. And um he also reached out to the wetland scientist to try to get a restoration plan. Um basically, we need to see where the driveway was built in the wrong

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location. If it was built in the wrong location, if it was built of the same correct material. um highway commissioner's issues as well. So that's where we're at with that one. >> Okay. Uh 1060 Main Street.

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>> Um yeah, I want to note for the record that's actually zero Main Street. >> I'm sorry. >> Actually zero Main Street. It doesn't actually have an address because there's no house on it. >> Um

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map 19, lot 16. >> Yeah. Uh, as you know, they submitted a restoration plan to us last month and they're submitting uh a a project. Well, they were going to be on tonight's agenda for a hearing. Um, we spoke with

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them and they're continued to the April meeting at this point, >> right? Okay. >> April 16th for that. >> Okay. Uh, 2745 Maple Swamp Road. Yeah. So, um, that one the the

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>> Oh, you're here. Okay, good. Nice to see you. If you want to take a step up. >> We talked during the snow and uh we both decided we weren't going to go out to look at it at that point. >> Maple Swamp. Does it live up to its name?

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>> Occasionally. Um, okay. Lisa, could you uh tell us? >> Yeah. So, I think you and I had been by me, you and Dave, we took ride by that as well. We we didn't pull in the driveway or anything, but this is before the snow and um we had received a

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complaint from a a neighbor. >> Yeah. Um, >> so I guess we're just concerned um that additional work was being done in the back and um if you have a chance if we could go look at it next week that would be great.

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>> Okay. This is the casket. >> Yeah. >> Okay. All right. >> What's the name of the company again? >> Uh Pre-cast Wel Company. >> Okay. >> Precasts. He got upset the first SW. I had a new guy plowing and we have stone in the and

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it kind of the stone went to his yard. >> Cleaned it all up. >> You said it was you said it was regarding with a pocket pocket. >> I'm not really sure. He wasn't specific about it. >> So, um but we do need to look at it.

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>> He has he has stakes in the ground next to our property. He's in he's actually in Rahobitth. >> Okay. Yeah. >> Right there on the line. >> Yeah. You know, we don't >> And the guy plowed some snow on his property and he didn't like it. So, >> okay. But we're dealing with wetlands

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issues. So, we'll take a look at it. If you want um do you want to go with us or do you want us to go on our own or >> No, I'll go. >> Okay. So, do does any Who wants to go? >> I'm good. I can go. >> No. >> All right. >> We can go Sunday morning.

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>> I'M NOT YOU THINK it's the breakfast? >> I go by there lots of time. 4:30, 5 in the morning. You want me to swing in, take a look? >> I'm not meeting you, but sure. >> Tuesday.

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>> We could do Tuesday afternoon. >> Why don't we take a look at the weather? Um, >> okay. >> I have no idea what the weather's going to be. Yeah, but um thinking either Tuesday afternoon or sometime Wednesday. >> I can't make it Wednesday, but I could

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do Tuesday. >> Uh >> Friday townhouse closed. >> T Tuesday uh either early or later. >> Uh there's a I have a meeting in the morning. I could do >> I could do 1:30 >> on Tuesday.

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Can you guys do that? >> All right. So that would be Tuesday the 24th. >> Great. And you have my phone number. So well, and I believe I have Can Can you write yours down again for me just to make sure?

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>> Um, >> and did everybody sign in? >> Okay, good. Thank you. Okay. Um, >> sounds good. Thanks for coming in. >> Should we just Okay, Lisa. Uh, we still

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have folks here. It's um rather than going on to other business unless uh >> want to take public input out of order. >> Yeah. >> Okay. >> Um, so what's what's this uh public? No, not public input. This would just be other business. I don't know.

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I know Alex is here from Tiger Lily and NY's here. So, if you want to take them before we And um I don't know what this gentleman's here for. >> Oh, wow. >> Yeah, he was here last meeting. >> He liked it so much he came back.

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>> Uh we have a vacancy. Uh it's okay. >> Didn't I ask you last meeting about that, too? >> We're trying. We're trying, Jim. We're trying. Okay, we'll wait till Lisa comes back. Uh, Tiger Lily, right? Tiger Lily.

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>> Yes. I mean, she was here before me. >> No. >> Yeah, I am. Tiger Lily. >> She just came in to soak up the heat. So, >> I don't I don't have anything. >> Oh, okay. >> That's what I said. She just here to soak up the heat, Nancy. >> Although, she's got a she got a jacket

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on. She's going to bring it home. The roof's not leaking, Jim. So, she came in and get in the wind and weather. >> You want me to hear that at home? >> Okay, Lisa, we're going to go with Tiger Lily. >> Okay, sounds good. I brought the whole folder, but um I don't have the current

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asbuilt, so >> I have a copy of them. >> How you doing, Alex? >> Good. How are you? So, I can only have one coffee cuz I just got my printer here to print one.

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>> You look like you're having a lot of fun with dad tonight, right? >> He's not the happiest at the moment. >> Okay. >> All right. >> So, this is the current ad. This is what I have. This is what was proposed. What came to you guys

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>> with approved. So, um and I can slide it over, but Long story short, I got email from Lisa yesterday saying I deviated from what was approved in the permits. Um, I got P I have pictures on my

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laptop. We have an HMI plug in. I don't really have to necessarily just explain. So on what's approved here and let me orientate myself. Sorry. Okay. So >> the house is roughly here.

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>> Yep. So basically this plan's tiny but you can't see much in that. Anyways the house is roughly sitting right here. Okay. Um so basically no it's not like I apologize. The house sitting right here. All right. In accordance here it's basically sitting touching this ledge

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right here and it comes this way. So basically what I did that I think is coming out of what you're I'm out of compliance or whatever. Sorry. But what I'm what I did was take and connect the ledge. So when I was digging for the

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foundation, I hit ledge. I hammered the ledge out to put the foundation in and I took the ledge the hammered pieces of ledge and I lined this section. So what I did was connect the two slopes to retain the dirt that's sitting now

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behind the house. I didn't orientate myself. So this is the house now. This is the existing ledge. I hammered the ledge to be able to get the to pin the foundation down. And then I flip the all I do is flip it. Now it looks like I'm over the line. Obviously the the no

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touch, but this is all ledge. >> Does that make sense? >> Yeah. I remember I remember when we spoke about this and we we agreed to put rip wrap on. >> Yes. Exactly. So that's >> that's going to take the place of the rip wrap. >> Exactly. So that's exactly what I did. >> Same thing.

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>> So I've lined this now completely. And if you look at the plans that I had, the ones I have approved, which is this. Yep. I'm gonna show you that now. The silk fence came and I have it on my laptop, but the silk fence, the plans I got approved. The sil fence line comes

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and I'm just orientate myself. Basically follows this here, goes right around the well and does the same thing here. Follows 25 foot line and does that. And so this is the ledge at the end. Okay. So, what I did was I de I guess would

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deviate from here is I I got it approved so I can put a temporary road if you guys remember me talking to access the back of my lot. That's a big thing. >> It wasn't a road. >> We talked a walking path. >> Okay. >> A walking path, not a road to put

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vehicles through, not ATVs or or uh uh excavators or anything like that. It was a walking path. >> Okay. So that would be where the deviation I guess is coming from. So what I did was basically just stay in the same line process. I took whatever

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rip wrap came I found on the site and I made a wall that stays within your 50 foot doesn't touch the 25 foot and as show that. And it's just this point here. I guess I missed but this is just ledge. It's just rip wrap sitting on

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ledge. So if I take the rip wrap out it's just ledge. So then over here I just came and connected the the pieces of light. So 103 100. So all I did was come in. If you look at the contour line things like 102

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>> the red line I can't read it. >> What is the 25 for no touch? >> 25. And this here is the >> 50. >> 50. >> And this is your 100. >> Okay. See and yeah here's your house. This your house is outside the 100. Here's your leeching system. And his

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house is inside the 100. >> Oh, a little bit of it. >> Yeah. The back of it touches the 50 foot. The actual foundation. >> Wait, what's the green line? >> Green line. >> Oh, the green line's the 100. Okay. >> The yellow line is the 50. And this is all right. Same thing flipped over into this side.

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>> So, he has walls in the 50. >> I have I have boulders in the 50 walls. However you want to. So what I did just what I did is right now I can show I apologize I do have my phone on me so

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make it a little easier for you guys. This is all on my laptop as well. So that's the actual house itself now that it's done. So, just to give you guys an example, John, here's the backyard

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>> and that we're looking here. >> House. >> I didn't have a problem with any of that. >> You're thinking, sorry, sir. >> Can I see >> house? And then you got the wetlands here. >> And then I have And you're talking leis. I'm working my way over. >> Yeah.

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>> You're This is the concern I think right now. Correct. >> Yeah. That was never. >> So basically, it's an up close picture, so it looks big enough. >> That's that's on the side. >> Yep. I up there and I was over here. >> Yep. So basically what I did there was I

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took the elevation change. I think I'm going from the house is sitting at 115 and this is at 100. So it's a 15 foot elevation change. >> All of that. >> All of that. And I think it might be even close to 20 when you get all the way to the bottom. So what I did was

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basically in order to get that to shift and not look like a one and a half to one slope, I just oblonged it and slid things over staying out of your 25 ft zone here. The and the reason I use the boulders is boulders don't move >> and the place the

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>> it's in the some of it is in the 25 foot according to her. >> Here's your head goes. >> Yeah. So according to her part of it is in >> it be just a corner. I guess I might have missed. But over here I rode I rode that line to make sure I place the road in the bottom to make sure I wouldn't get into it. So all I'm trying to do on

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my end one it's safe. And then two it's just aesthetically pleasing. And three the rocks keep it's already ledge. The whole place is ledge. If I went there and knock the trees down I'm just pulling boulder after boulder after boulder out. You know what I mean? Um, I didn't do that because I knew

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>> Well, I think I think what when we initially when we were just going around and we just got out of the out of the vehicle and just saw it was like it wasn't a path, man. It was a it was a road. >> So, we're thinking, you know, we know what you do. You know, we know we know

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we talked about >> previous because we wanted you wanted to put the house in the back on top of the ledge. So, you know, one thing led to another and we just wanted to clarification. Yeah. Yeah. And on my end, I have no problem. >> Well, that's a rule to know, right?

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>> It's a rule to know. >> Yeah. I wouldn't have to say that, you know, >> it's 100%. So, for me, when it came to why I need to get to that point as as you're building and getting everything situated, I'm just taking what I have and cleaning her up. And I

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wanted to hit clean. So that way I know you're saying should be a walking path, but to me now it's it's where I'm going to live with my kids and my family for the rest of my life, >> right? But now you can't really use it. >> I can I can walk back there. >> I can attach I can get to the acres and

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acres of miles of path back there. I can use it for what everybody else is using it for. >> You we we walk you and I hiked in a number of times in there. >> I'm looking for >> walk in without the rocks. I don't >> I enjoy being able to walk in freely. My

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daughter now can go walk there. No problem. She's not climbing rocks and trees. And >> so >> I know that's my opinion. >> It's not an opinion to us. It's more like you did additional work in a buffer zone that was unauthorized. >> Okay.

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>> I know this is your property, but like it wasn't permanent. And I don't know. I I think it's I think it's to me it's something a little extra that he did. >> Yeah. Extra in one way. >> I'm not trying to right

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>> because that's what he does. >> Yeah. >> And I mean and he wanted to make it look aesthetic to the house. I think it looks regardless of where it is where it is in the wetness. When I visually looked at it and got over the freaky part of

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saying it's not a walking path, I mean it's it looks decent. >> It looks it's orderly. And the other thing is I personally, this is only me,

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like the the rock, the rip wrap and so forth because it it protects the wetlands, you know, it breaks up any flow. >> There's a lot of fros and you know what I mean? It kind of stabilizes them and that's what we use to stabilize,

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>> you know? So I mean >> for me I >> some of it some of it he cleaned up a mess that was left when they first did that. >> You took the word >> that was that was nothing more than a staging area

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>> for every time they left and they turned it into wetland. Yeah, we definitely still have >> Well, no, but I mean it's >> you hit the nail on the head and right now the biggest issue that I'm I know eventually you guys will be having my

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neighbor will eventually knock because over time the man-made wetlands is what we're going to call them. I guess the pipe right in the middle of it, >> but it's actually developed it's developed as a wetland. So I don't want to call it that here. I just I'm just

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gonna say this is going to creep and cause issues. >> What is going to creep? >> The water the water. >> Oh, >> it won't I protected it from doing anything bad in the back end because it'll slow down. But it's not going to

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continue to feed by anything. But at the end of the day, I mean that's >> But what you do is not going to stop water from moving. >> Nope. is is all it's going to do is slow it down and divert it so you don't have anything that's going to come lodge, you know.

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>> So So the land in between these two rip wrap slopes here, >> this is a this is also gravel here. She doesn't have it noted that way, but it is. It's >> Is that going to be loomed at anything? >> Right. >> That's a thought process. It's just lawn

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>> because in order to get your COC from us, >> I need an established lawn. >> Yeah. you. I mean, is that what you're going to do there? A lot. >> That was my plan. Yeah. Just just grass from the beginning. >> I don't have a backyard, right? Because the wetlands all I have is woods. So, I just something

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>> a lot of woods. A ton of them, >> you know. No, maybe just grassing that in. And uh >> I just I just couldn't catch I plant some blueberry bushes generally to pick on. >> I think that blueberry with a cere.

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>> Oh, I think it looks too I think it looks awesome fruit. appreciate. >> I know for me it was, you know, aesthetically the neighborhood, the neighbors are static and then the appraisal came in phenom. So >> yeah, >> I can see you did a lot of work. >> It was um

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>> Okay. >> So a lot of this is in the 25 foot. Did we authorize that during your um >> Yes. Right here. The the original one shows the Here you go. Hold on guys. This is you guys authorized

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I mean, it basically touched the 25 foot of the back of the property. The house is sitting on the 50 foot. So, to be honest, I shrunk the house. >> Mhm. >> Three car garage threecar garage. And it's my biggest regret from being

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honest. >> House is beautiful. This garage is tiny. >> Lots of copies of what we have here. I'm sorry. This is the bag. I mean, anything you guys want me to do that? >> Well, I mean, I don't think you're going

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to remove any of that. >> Really? >> You don't think so? >> You would want >> It wasn't permanent, though. So, it needs to be permanent because this is just opening the door for people to do whatever they to file a notice of intent and then just do

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whatever they want. >> True. That's which caning there's no >> so that's why we wrote you the email. I think we should probably just go >> look at it in the field. No, I don't I

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don't think so. >> Do we want him to I mean because we had we went through this recently with a wall. >> Is this considered a wall? Is it >> just this just in bank uh bank uh

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restoration or bank >> uh >> protection >> called stabilization >> stabilization that's the way it was looking >> see I I think exactly what >> what he said

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>> yeah that it's stabilizing the site Right. It >> not that not that it enhanced it or upgraded it, but it it prevented it to prevent not from little cavities. >> Yeah. >> It's going to it's going to flow flow

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through those rocks. >> It slows it down. I know. It slows it down so we >> at the end of the day there's less turbidity. I'm just So you took the lead. You you

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didn't import any of this. It's all at the site already. >> The nose of the house, the circle around the house is all imported. >> The all this is imported stone. >> Okay. >> What is your plan? I mean, you said we're >> I just connected it. The rest of it now just

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>> So, how's going to have fun? >> So, so, so how far So, you bring the quads up, right? You just said you did. >> Well, I mean, it's >> I think we got to look at it cuz you

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have to figure out what we need to figure out what you need to do to get a certificate of compliance. >> Whatever. Yeah. Check. I mean, guys, whenever you guys want to come by, come on by. I'll crack the food in the in the beer >> in that small garage hanging out.

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>> Not yet. Um, >> but can you can you understand where I'm coming from? >> Slightly >> slight. Come on. >> That's good. >> Cuz usually you don't agree with me at all. >> Wow. I agree with you a lot. I agree

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with you a lot. I just think that you could have done the same thing with less material and with vegetation. I'm a vegetation person, not a hardcape person. >> See, I understand that end of it. I can I'm a hardcape person because now I'm

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done. I just move the top and I'm done. I'm waiting two years for yours to establish. It's got to it's got to go through the seasons. It's got to grow. I mean, I do it for a living. So, I I manage this a threeyear warranty plan on my job sites because of that. >> But you just said you want to be able to have a path.

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>> Well, I want to be access to my backyard, >> right? So, how how far are we going? Because once you get through this path, >> I'm just now I'm into the back of it. >> You're trying to go to the back. >> Yeah. I'm not I'm done. this cuz I have no more patience and want to

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continue to go. I'm It took me a year to build this house. I still have a whole landscape to get done. I'm I'm >> okay. >> This is This is uh I thought I thought we were over this process. So, until yesterday. So, at this point, >> but you did deviate around the house. Um

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let's look at us going there uh taking a look at it and seeing how it can be uh acceptable for for um um control of of uh wash out and and and

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that be written in >> pollution prevention >> pollution prevention uh erosion control and then we can issue a certificate of compliance. Well, he didn't ask for stiff. >> I did. I just um you wrote back that I >> uh because of the no loom. I just I mean

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I got loom in the front. I just couldn't get it to grow fast. I messed up seating like three years. >> So, why don't we just Why don't we look at it now or we could look at it in a couple months after you got your grass grow? >> On the way back from Label Swamp Road, you can take a left take a left turn or

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on the way there. Well, no. I mean, they're out of way back. >> What day is that? Tuesday. >> Tuesday. >> What time? >> Probably Well, we're going to be there. >> Tuesday 1:30. >> Yeah. >> 1:00. >> So, we'd be we'd be around there. 2:30, 2:00.

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>> Yeah, I might not be able to do that. I could probably do 1:00, though. >> Can you do Can you do Tuesday or um supposed to go up to color mean? No, it's I'll I'll re No, I want to get I need to get one thing off my plate. So, I'll get this off my plate and then I'll drop

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>> We can We can postpone it. >> We can make it. >> It's not urgent. >> Does she have to be there for >> view? That's fine. >> If you don't mind, we'll swing by. >> No, I'll have a little time. I'll have my wife and my father

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>> 1:00. >> I'm sorry. >> Let him take the day off from school. >> Yeah. There you go. >> Every day is a day off. Mr. Chairman, >> of order, please. >> I'm sorry.

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>> Point of order, please. >> I I'm sorry. >> Point of order. >> Point of water, please. >> Okay. Go ahead. >> The gentleman asked to speak under public input. Public input is limited by the chairman by three to five minutes.

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you have gone on and had a discussion of an item that never appeared on the agenda. If any of his relatives, neighbors, whoever's around there might object to this, they don't even know this is going on. You need to end this

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now and it should be on a posted agenda to make a decision. >> It'll be on Yeah. >> Okay. Just so you're not you're in violation of the open meeting law, so you need to stop the discussion. Now, public input means somebody comes in and says, "I

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want to talk to you about such and such." You hear what they want to talk about, and then you refer it to a future agenda. >> Thank you for coming in on Tuesday. And then um >> what you can do is make sure you

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stabilize the site and we'll uh >> you'll take it to the next step. >> Okay. What else do we have on the agenda? >> Um >> meeting minutes. Approve a meeting minutes. >> No, she just So you want to wait till Bill comes back?

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>> Do we have December 25? >> I think we got to I think we got to email. >> We already approved December 20, 2025. So, that was an error. Um, she sent us um I'm sorry, we already approved July.

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She sent us December this afternoon and I have not have not had a chance. >> Okay. >> Have you looked at it? >> No, I haven't. Not this afternoon. >> So, that'll be on next month. >> Uh, we're all set with bills. >> No, we got plenty of them. Jim,

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>> do you want more? >> Yeah. So, yeah, I have the bills that we've paid over the past month. If anybody wants to look at them, they're right here. Okay. We just Well, this one was in February.

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We haven't paid any um in March. >> Those are West. Is that what it is? Yeah, those are 53. >> Okay. All right. Uh All right. Just sign anywhere. This is for

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West. >> It's already signed. It's already They're already >> Well, we're all taking That's right. >> You guys can look at them. >> Yeah. Okay. If you want to look at this here, uh, Abel, Jack, um, surfid red line version. Uh, I've

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gone through that and, uh, I'm pretty much set with it. Um remember um that was your homework. I don't know if Dave's looking. >> I am going through that while Dave made some comments. Okay.

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>> Do you want to wait? >> Thank you, Nancy. Is the meeting number? >> No. >> Getting close. >> Are you here for public input? Uh yes. >> Okay. Just Well, let's finish here now so we don't have to go out of order again.

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>> All right. Um um conservation commission budget um fiscal year 2027. Um do you want to report back to the commission about your >> Okay. We have what we had approved

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uh is is fine with Sluckman and the finance. However, in the meantime, Lisa was given a gas card and they gave her a whole $100 for the

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year for gas. That's right. So that had not been approved by the commission, the gas card and $100. And so what uh uh I did the same thing with

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with Ralph and uh whoever else was there. And so they said they they were going to take care of it and do it at $500 because this because board of health has something in in the planning board. But if we

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>> make an an amendment to our um request for money, uh even though they said that they were going to do it, I think that would be more appropriate for us to say we can add in a gas card at the rate of $500

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per year up to up to $500 per year. and that and and and you know let them do it but it's acknowledging that we know it as a group. >> All right. >> Okay. Um >> you share it. Basically I share the car

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with the other department. >> Yeah. I did say we share the cost with with building and and border health. >> Share the car. So they each they each have their own budgets which I think was set at like 400 or 600 >> whatever it is. Yeah. Um, okay. Uh, so

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what I'm just even though they said they were going to they were going to do it on their own, add it in, I would like us to to acknowledge uh their input to our budget uh for a gas card of up to $500.

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Is there a motion to acknowledge uh um an an amendment to our uh budget for the financial year 2027? >> Well, I'll make a motion to acknowledge the the budget for

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>> Okay, Jack. Is there a second? >> I'll second it. >> All in favor? >> I. >> Okay. Uh Lisa, so that's approved. >> Sounds good. and you know and and we really didn't have to do anything because they said that they were going to do it.

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>> But we're going to have to write something up for the accounting department and the administration. >> Okay, that's that's fine. Okay. Um uh >> you want to take her next? >> The wetland protection act fee.

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>> Okay. >> All right. Um, so Paul um looked into all this for us. Um, basically um Paul thinks we should revise our bylaw.

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Um, I'm sorry, I'm on the wrong one. Wetland Protection Act filing fees. So, as it stands right now, the Wetland Protection Act money all goes into the general

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fund. So the fees we collect >> um >> okay there's two things there about the filing fees Lisa uh one is to a letter uh to the board of selectman uh uh

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requesting approval to use funds and then the other one would be to um put the wetland protection act filing fees in or amend our bylaw How was that now? >> That's a different one. Bylaws next.

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We're on the wetlands protection act right now. >> Okay. Um >> so, um we inquired with the accountant in the fall and she gave usformational guideline release >> from the state

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>> and um told us that um the commission could spend without appropriation was written approved by the board of selectmen. So, she asked us to draft a letter stating our intended use of the wetland fund. Um, and they could start the

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process of approval. And then >> Jim and I went through the >> What reasoning would we give them for for our use of it for um legal fees for uh additional administr

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>> additional consulting fees? I >> additional consulting fees. >> Um needed. Um I think I think it would suit you guys to have your filing fees, but that's completely up to you guys. >> Well, no, we want to do that, too. The

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filing fees and >> those those are bylaw fees. That's the next conversation. This is >> Okay. All right. for us to have use of of our wetland protection act fees. Um to to re in other words, we have to

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request the selectman to release those fees for our spending for our expenditures legal consulting uh and administrative fees. Okay. So it would be a letter to the selectman

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requesting them to release uh our wetland protection act fees to the commission for the purposes of legal uh what was the other um

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>> it's to defay personnel expenses and and >> person yeah personnel >> consulting >> and um consulting >> consulting personnel and legal So that means we don't have if we >> let me just read read the email from

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Paul here so you guys are all on the same page. Okay, because I want to make sure I understand it too. Um, actually this is in reference to the bylaw, but he did state the wetlands protection act fund we all already have

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established under Mass General Law 131 section 40 already allows us to use the filing fees we take from NOIs the 50% in excess of $25 as those funds shall be expended solely by the conservation commission for the

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performance um of its duties under this chapter. So to my reading, it looks like we already actually have a mechanism to pay staff or otherwise do what we need to do in order to perform our

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duties both filing enforcement wise and administratively. But she so I don't think we actually need to change any of that now. >> No, not by what you just read. >> He said he would like to propose a

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slightly different warrant article. rather than establish a revolving fund. So, we'll move on to the next item. You want to read that? >> We have to have a motion to uh uh to send a letter

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to the >> We're going to make He's confused. We've already got that, right? according to Paul do but not according to Serena. >> So I mean it would maybe it would be wise of you guys to

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>> send a letter >> send it anyway. >> Yeah >> because she's this is a letter from the town. Maybe I should have put the agenda in a different order. We should have discussed this item before that item because I think if we move on to the

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next one, it will be more clear. >> I'll wait till Jim gets back. >> Are you here for Mr. Va? Are you Oh, good. All right. >> We'll talk to you about in public for just brief. >> Yeah. Where did Nancy go?

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>> What? No, I think it was stepped on. I don't know >> see anything. Jim, we didn't do anything. We'll wait and see you. I don't know what the hell I should write a a brief letter

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>> to the selectman. >> Why not? It wouldn't hurt. Yeah. >> Okay. So, is there a motion to make that? >> Okay, guys. We're going to have a motion then to where the letters of the selectment requesting use of those funds uh per legal professional consulting and

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uh um whatever else it says there uh uh staff um >> I'll make a motion >> expenses for staff legal and consulting >> to the for a letter to the selectman. >> Yeah. >> And

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>> Okay. Is there a second? >> Second. Okay. All in favor? >> I >> Okay. Next thing is uh uh the bylaw to make a change on the bylaw. >> I think we got to review it first. No >> the bylaw.

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>> Well, not the bylaw, but the change. >> Yeah. I'm going to tell you what what what Paul was proposing. So, in an email to us, um, well, to me, um, he suggested

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we propose a war on uh, slightly different warrant article rather than establish a revolving fund. um provo propose a short bylaw amendment along the lines of shall the town vote to amend the town of Dyon conservation

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bylaw section 16 fees to include directly beneath the section heading the following sentence fees paid under the section shall be credited to the town of Dyton conservation fund

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that was all I'll show you I have copies of viol Go right underneath right here. >> You already have a copy. >> Yeah. >> So, it would go >> right here.

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>> That's what you guys want to do if you guys want to be able to use your feeds. Right now, they go in the general fund. Can we go out to dinner with him? >> No, I can't do anything. >> Okay. Now, now how uh

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>> what would this be put under? Would this be put under u >> It just said under the fees? >> No, but it it go it goes under here, but we're going to have a separate account that we would be able to use. I want to make sure that we can use it without

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asking permission. Well, he said that's how the mechanism to do it. >> Shall the town vote to amend the amend the town of Dyton conservation bylaw section 16 fees to include directly beneath the section heading the following sentence? Fees paid under the

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section shall be credited to the town of Dyton conservation fund. >> Okay. Yeah. Okay. Is there a motion to uh add that into the Tom Warren? >> So moved. Is there a second? >> I'll second.

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>> Okay, Jack. Second. All in favor? >> I >> Okay, I think we are finished then with um our regular agenda. You have something that >> I do have something. My name's Rachel V. I'm sorry I was late. Um so my husband I

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do I need >> Is there a mic there? >> No, it's wireless. You be all set. >> Okay. Stand over here. >> Yes. >> Okay. Thank you. >> It's official. Um, so my husband and I own the property that abuts the old railroad tracks that we're having to

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from the conservation committee. >> Say your name. >> I did. Oh, I'm sorry. Did you say it again? Rachel Bot. My name's Rachel Lot. >> Wait, wait a minute. You own property of Buddy what? >> The old railroad tracks on Pleasant Street. >> Eric Bot's wife. >> Oh,

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>> conservation the conservation committee. So we're right. So, we've had the engineers out and they've told us what we have to get rid of, right, >> to make the water flow along that >> gold railroad tracks. Yeah,

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>> everybody knows kind of what I'm saying. Okay. All right. So, what I'm here to ask is is it can we take that dirt that we have to remove and can we place it on our property in the 100 foot

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area of so obviously would go up to 50 ft. We go from the 50 to 100 ft area on our property where move that dirt so we're not having to take the dirt somewhere else. So we can take the dirt from

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>> how close to the railroad tracks is this earth. >> How how close is the river to >> to the to the >> the railroad tracks is the >> it's right there. They had >> okay >> previous I had I have picture I have >> that's what I that's okay. That's what I

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envisioned. >> Yeah. So the water is running over the old railroad tracks. You you want to be careful with earth adjacent or underneath the tracks. You may want to test it first before you even consider moving it

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>> and not going underneath. It's all on top on top of it. >> On top of >> it was a filledin wetland on top of it >> on on top of the tracks. >> Yeah, you should see it. It's almost like a jetty. >> Oh, really? >> Yeah. >> Crazy. >> They didn't do it.

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>> Yeah. What I'm saying is I have a mixing between the Cold and the Railroad Street, >> right? And so, um, so >> um, Jason from Family Tree is who we're contracting to do the work. Um, he's

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very well aware of the different soil types and what may or >> It's not the soil types I'm referring to. >> Okay. What do you have? I don't want to go into the specific kinds >> that are adjacent to railroad tracks

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under and now maybe mixed with >> it could be >> you know I've seen people take things and put it in their garden or near their garden where it migrates into their garden okay >> or places where children play and so forth

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>> okay >> there was a study many years ago I I don't even know where to find it, >> but it it was >> it wasn't very good. >> Has not want to do that. >> So, your suggestion is testing it.

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>> She has a testing to test the soil, >> but you're not you're not going into the tracks. >> No, we're taking dirt off the top of the tracks if nothing's underneath it. >> We say this, >> right? I understand what you're saying. If there's water in there and moving it

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around, it's going to crosscontaminate. Totally get what you're saying. >> Yeah. >> Is it just dirt that was there? For some reason, I remember when we were there, Lisa, there was a lot of knotw weed in there. >> Yeah. Jason's gonna deal with that, too. >> Jason's going to take Okay. >> Yeah.

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>> So, he's, you know, that's an additional >> not that is a problem. You want to spread that around your yard, >> right? And I mean, we have it in multiple spots around our property. Um, and the other thing, and we've told Jason this, is we have found stuff

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dumped in other parts of our property. And so obviously if we dig and there's stuff that is not soiled, it's garbage, right? Then that we will properly remove that like, you know, whether it's hopefully it's not a ton that we have to bring in a dumpster, but if that's necessary, that's what we'll do. But we

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found full paint cans, tires, you know, and so definitely not going to re put that back into our property. So, and rocks will, you know, >> just just be aware. >> Yeah. No, I appreciate that. No, that's a great that's a a great point. I mean,

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it's it's not an area where we generally have kids playing, but >> obviously I'm not going to live there forever, so I wouldn't want to do that in the somebody else. >> Yeah. in the future. >> That's something in the future for sure. >> Yeah. So, we're definitely testing it. Happy to do that for sure.

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>> Yeah, good idea. >> Yeah. >> Also, I had noted to Jason when he contacted me to someone should come to the meeting to talk to you guys about this, but >> there's no tree removal for,

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you know, there's no real regrading. It's just a couple dump loads full of dirt or >> Yes, we are just taking it from one spot to an open area. So, yes, we're not moving any trees. Makes >> sense. >> Not changing. >> We appreciate that you're moving forward

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with it. And I think I think the commissioner would be fine with it, but I don't know. >> Are you guys good with that? >> Do you want to see something in an email from them or you >> do you want to see? And Alex said, I do have the grading in the pictures if you want. They cut the botness, right, that you're working with them.

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>> They had a plan, but they're deviating from it. >> Okay. >> Yes. I think the original plan was that it all needed to get removed. I think was the original plan. Um I don't I don't even know. I I

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don't know for sure if that was >> And so we're just saying, can we just relocate it and grade it out onto our open fields? As long as it's not in the below area below, you're in a flood zone, >> right? >> Yeah. >> You know, we don't want to mess around with that. >> For sure. >> Okay.

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>> Yeah. >> Are you going to do that? >> I don't see any problem. >> Okay. >> They're going to take the tires out and they're going to put them on their car and >> Yeah. Right. >> You're going to repurpose them. >> We've thrown the We've taken the other ones to the dump. I don't We don't have any trees to make tree swings out of.

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So, >> nice meeting you. >> Thank you. I appreciate y'all. Appreciate it. Just keep us posted on how >> anything else or shall we >> That's it. >> Thank you. Is there anything else or

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shall we close the hearing meeting? >> All sir. >> Okay. Uh is there a motion to close the meeting? >> Motion to adjurnn. >> Next meeting is April. >> April 16th. Okay. Motion made and seconded. All in favor? Hi.

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>> All right, let me close the South Eye.