I will call I will call to order the Wednesday March 26 2025 Conservation Commission meeting at 6 PM in attendance Anthony zampini Elizabeth Sten and Meg
lot Logan sorry um first order business is approval of the minutes from the 312 2025 meeting everybody have a chance to read them yes any questions or additions or I I will entertain a
motion St the minutes move want me to make the move please step the minutes for I can't even see who's got good eyes no glasses at the minutes for the March 12
2025 Conservation Commission meeting second second all those in favor I okay right uh first up is uh request for determination of applicability RDA 20251 request for determination of applicability at 15 Happy Acres Lane
assessor partial ID 54-6 d8a for what the area and activities depicted on plans are subject to the wetlands protection act and its regulations applicant Vladimir kulok that right three Jeffrey Lane East B met Mass 01028
this is this is eight is that 15 do we have anything for that yep yeah we have a that that should be it right there oh this one says eight so I think you put the lot in the application okay got it got okay perfect Lots out of the buffer L out of
the buffer though okay totally outside I can't make that so it's a recommended negative one that's the area described in the request is not an area subject to jurisdiction okay
Meg do you want to make a motion to approve RDA number negative one determination yes a um motion to approve negative one the yeah the RDA 20-01 RDA 2025 d01 with a negative one
determination with a negative one determination the blind lead meind second all those in favor I I motion passes you have to sign anything for that y we'll sign if you want and you can uh get your copy and before you leave if
you want I won't have that ready today oh not today okay when you're all set he'll mail you a he'll mail you a copy thank you right sweet next is RDA
20252 request for determination of applicability at 199 Denville Road acceptors partial ID 10-2-2 whether the area and activities depicted are subject to the wetlands protection act and or local bylaw and whether the boundaries of resource areas depicted are accurately delineated applicant live
vot Crossing LLC 118 Brook Haven Drive East Mass 01028 okay that is this one right next one yeah yeah how are you sir
good and I'm the property owner hey um I was expecting Ryan from Le to be here oh we just saw him at a site visit too so so um if you have any questions um yeah at that
is this where the building is going to be where the sorry here is this yeah this is right here right this is the building envelope so it stays it stays with them there okay is the shown what we're showing is the limit of work line yep
okay here um for the for the pipeline it is so there we can't do any anything back that's Tennessee gas pipeline it is um all of the all of the dists limit of work line would be outside of the 100
foot [Music] the entrance to Furious of Denow yeah we'll be we'll be up now right there's it's pretty it's
pretty open flat gravel um there this is pretty tip pretty accurate on the tree linee line now the trees are probably 20 20 feet high 4 six diameter got
[Music] it so that building en that's what you're clearing you're the building envelope is to clear yeah is for clearing um all of the limit of work is outside the 100 ownly where is this it's when you go
B in the Denzel take a right heading towards low yeah it's immedately there on your left okay an entrance to the uh solar field just uh this is actually long metal this is each long metal this is where the fields
they built the field it's right here and then this is the solar array oh gotcha okay why it took this on and develop that I bought it bought about a year and a half ago two years ago good property
they they never had it for sale but you oh really the owner was always oh wow to do something but never what is it somebody that bought it from wetstone I'm not sure there's not too much developable land down there it's a it's a beautiful piece yeah
it really is a pancake there we go close neighbors or quiet neighbors for certain so you know where it is oh yes yeah what the better pictures nice flat
yeah yeah I know the piece we have any questions comments I don't know every all the works outside the puffers on flat a pancakes it's dry may be a little wet behind it
but you're gonna are you putting Sil fence up or yeah some sort looks good to me you guys want to prove this one um negative two or conversation with Rob about this one and if I remember correctly he said so
the wetlands in the back they're off your property right and so he just did an aerial delineation which is fine um but I would advise a positive 2B for that because it just says that we didn't um verify those delineations to be
completely correct and then you just issue a negative3 saying that the uh work is not in a jurisdictional area we say they get a negative three but positive two on thei because of
undetermined yeah because they didn't go out and actually flag the Wetland it's just from aerial footage that's not going to restrict anything on that's not going toct anything at all all right so positive two and a
negative3 positive 2B posi 2B and determination yes I can't make the motion I'll make a motion to have a positive 2B and a negative-3
determination for RDA 202-02 soov all those in favor you're all set sir next is Appo order year one gation at 6:30 759 Summers
Road this is the um this is the town property yeah that's the Sheep farmer which we just drove by there and um there's two more huge piles of like dirt and gravel and trash in the same
area in the and on top of where he filled it in oh nice did he not get the memo we sent a followup and then I attached the certified mail proof of that he even picked it up okay um so our stance is we want him to go onto the property and clean up what he's
done had to remove the hard pipe and fill the stream and well anything else that's occurred since um so that the enforcement order has already been was was issued a while back um and he's not met any of the deadlines so I do we I
did look into our picketing process if we want to do that deadline that we had set we push him back last time I gotta open the file yeah we pushed it back he had uh it was two meetings ago that he it was due to
name a consultant so he pushed it back to now just name a consultant I haven't heard from but I have yeah I have the whole original order here B adopted a ticketing program I'm not aware of one but I hav't been here yeah it's the same one we used for um
reporter yeah what is it just a after X deadline is so much a day $300 a day well we we don't have to do so we can like you can issue whatever you want so if you want to issue 300 $ now and then not issue anything else until our next
Mee meeting responded doesn't have to right $300 every day so you don't think it's weird that we're we're giving an enforcement order on property doesn't own no because um it's well it's the
right of way in front of his property it's 100 feet of RightWay and it's a f in the Stream and so the only other option would be for the town to pay to fix it wait a minute so he it's a town own property but he has a RightWay through so it's his property like his
farm there and then the RightWay like so there's the road and then there's like a town owned RightWay buffer like on every road um and it's 100 feet and and so it's and so he's encroached within that and filled the stream and apparently now there's litter
which I didn't see but yeah that's um so it's Town owned in the sense that it's the right of way from the road you know oh it's his property but the town has a right the right of way yeah name it's a property right after we talked to the town attorneys though they recommended
that we go this here no I mean yeah I know the town from the center line of any road they own back and so the stream is here and it's within that right away yeah that's where the stream is
yeah because he filled he filled in what his stream is I know put a pipe there right a pipe small one and so the town attorney said to go this route Tom said to go this route and it's similar practice in other
towns yeah it's the same we they checked with other towns too all right yeah it's new to me you could give an enforcement order on well it's it's to the person but yes
but the person I there's no way that anybody else it just seems crazy to me why the to doesn't go in there and mop that up make it right and then just send them a bill we don't even have the the budget for that Tom made that pretty
clear maybe we should just find him to get his attention and have him come in front of us right yeah that's all up to you what do you think we've sent him we could sent him we sent him the original enforcement order and then we sent him the
followup until one o' on the 26th or you'll be fined well that's what it says in here that's the cover I mean I I reattached the whole enforcement order by the 26 oh he hasn't even come before us though no but he have the certified mail
to show that he picked everything up so he's seen it have you had any interaction with him no met him so let's find him I mean I think we could do uh find him once and see if it gets his
attention just reattach everything yeah I can attach it with the with the fine sure I have it here um so we're finding him the person I mean because Rel to a property he doesn't own it's it's the right of way
in front of on his property yeah but it's it's to be clear it's Town owned Town physically owns it right right but he's responsible for repairing the damage that he did because it's in the town right away
in front of his property right yeah I guess so if you you were to like tear up your sidewalk plowing it yeah Town property fix it you have to fix it all right I can relate to that fix a few sidewalks
day so are we good with just sending one F to tr like get his attention and just not every day but just one time see if we can either that or we ass sign a fine or a number of days that we feel will compensate us or the town for the for
the damage control CU it I mean he was going to if he's not going to do it and we're going to find him I say we at least recoup the value of the the cleanup and the make rate I don't know how much it's going to cost because he's dumped more stuff on it well that's the thing I mean right I don't know and it's
it's I mean it's a massive area that he filled in it's not just a small little thing I mean it's a good what eight feet wide yeah a road made a road a road acoss across it it's huge and he's just
continuing it look he's continuing to dump on top of it I mean that's what I saw dumping what's he dumping on top of it looks like more dirt and like trash like feed bags when we just drove by from another site visit saw big piles yeah what are you guys thinking you want
to find them and start down that trail it is attention yeah for sure start see yeah send them one if you want yeah we can send them send them one and and I would wait until what's today's what isday 26 oh okay all right then we're good so I okay
so you can send it right so I have it ready yeah yeah you would just sign a couple places okay fill in the the number okay can do that um yeah need to vote on we need to vote on it or we okay yeah
we'll vote on just to be sign so what are you looking for you want to plan on a day just I think they were saying just once but um we can do every day that's an option well you can also state in the
letter if it's not cleaned within two weeks you'll be fined so I sign this though I'm the enforcement officer right this is the offender so you'll just sign there and there and I can fill in his address and all that and sign here
too I okay that's him okay all right cool then we have one more there's the other RDA for the plant h there's two pages next is the enforcement order
20252 resource area alteration assessor parcel ID 6-128 a is this the um the road again the road again okay you attached that business entity summary this
time which has the name on it okay um and we can't get a hold of them I have no other means of getting a hold of them to the second page male
receptacle hello address do I know how to hold do you know yeah so not like we were just trying to figure out what he's try figure what they're doing so they they basically
cleared um I know where they offices that was a tobacco my first job was a tobacco office yeah on Chestnut Street there's way through a piece of property on Chestnut on Chestnut that's that's what
this is about and a homeowner the homeowner next to comp complains said what's going on we went to look at it it looked looks like there's wetlands in there um a pie of if you turn on the chestnut off of
um Shaker Shaker no um Prospect off DWI turn on to chest off on the left yeah on the left right there's that and then there's like an empty lock and he goes down a hill and back I saw it yeah so
that's we just we need to know what they're doing he owns that property now I guess so that's according to rist that's owned by Brown Meadow LLC no I thought there was that was down there in existing long time ago because they just cleared the road and they caught trees
yeah it's wet down there yeah so we just need them to come before us we can fure what's going on but we can't get a hold of them PA Hasty fence or no call um gmh fence that's Glenn M hasty
that's Defence company M okay can we send it to his attention at gmh you think did it for certain can we do that Alex send it to him at G yeah
Park yeah but that's not yeah that's not the 45 Deer Park that's where his office is yeah there was no mail receptacle there so I sent it to his house yeah I don't know where he lives um U we just didn't hear
back I mean yeah send it to that way um and [Music] then uh first M 20254 dumping into the Brook at 406 to 436 North Main oh okay
so this is behind Heritage Plaza Stop and Shop plaza um over on the dollar store side behind the building um first of all their trash is absolutely disgusting it's always been nasty back there but someone's dumping
back there next to their like it's going in actual dumping goes way down yeah and and it's actually blowing in yeah but it's not even just overflow trashes somebody's actually dumping we have pictures of it's they've always been it's awful and it's not a homeless
person no it's it's all asso to the what's in the bins yeah and they're instead of having a dumpster company take it away they're throwing it I think when they're overflowing it's G they're throwing it in there yeah like there's a couple of like tires and and stuff in
there but there's like dog beds and it's it's nasty pictures it's gross they're going through those dumpsters you want to know what it's been I've gone back there a few times over years and it's always just been the pictures tonyy you want what that's just
I think this crash is overflowing and over the years it just flows back there but yeah there's like there's like pile oh it's gross such a nice little spot there any cameras set up behind stocking shop building did
generals I didn't look to ceras I don't know it's a it's a shell corporation that owns The Plaza oh out of New York City out of New York City well I'm GNA tell you an Avenue we could take it's because we know where the trash is coming from and you just go
after every one of those businesss in there that I'm who's the closest you're you're property owner because that's it's it's dollar store and then who's right next to them the um oh yeah I don't know it's like the there's a
there's like four that are right there that would be these dumpers well this if we go after a business like versus the property owner I would have to um at least I would personally have to check with d I'm not positive on how that's but it's it's the businesses that are
trash it's going down there yeah it's been years of it I know I mean this is similar but different to the one we just had where we're making somebody clean up yeah a mess they made someone else's land like is that land theirs or is it that town property it's theirs the
property line yeah it goes if you're facing it it's Dollar Tree to the left or the right so you it's by it's if you're facing Stop and Shop and Petco and Panera is to your right oh Del to the left okay there the left and you
go around and there's like a a road that goes behind the whole Plaza and it's on that left hand side one so it's just go either way left or right H&R Block ich ichon Pure Bar Orange Theory yeah all of
those on the left hand side yes to the left their dumpster y it's all their upsters ni yeah it's kind of gross yeah you so you'll find out Alex if we can go after them as I can find out if we can go after the individual businesses I know we can go after the property owner and then it just trickles
down because then the property owner is gonna you know take care of the to the businesses in there the tenants but I don't know about going after tenants and so you can there's no there's no way to get a hold of this so Heritage Park I have an address
um in theory yeah I mean can we send an enforcement order to this address but then also concurrently look into can we go after the tenants as well if we don't hear back from them I would go after the owner of the but I would wait to figure out if we can go after the tenant okay but I just
i' I've not seen that before yeah mean it's not possible but I I don't I've never done it that way no that makes sense I doubt it only because I work in a Plaza like kind of like that and we take our trash out we put them in the dumpsters and the plaza is responsible
for like trash removal yeah so I don't know what company they're using somebody came up trash in the back Alo the common it was coming from their parking lot dumpster yeah and they're lab on the
dumpster to okay that's a small pause on big pause like that everybody's have we might be able to go after them because all the dumpsters are labeled for the businesses they have specific dumpsters I would have to I would have to double check crash came from who I
mean no but it would just be whoever dog right right yeah would be a good thing to have a a volunteer day for a
cleanup yeah let's find out I can find out if it after individual tenants that works and then just our summers Road uh
discussion or site business discussion I honestly we need to know what they want to do and I I know what I know that they want to [Music] um they want to make these Improv ments that I don't know that they can within
within the rules what are you talk is it um oh and there it's like a Vernal pool they want to it grass don't think they want to make it look pretty I don't think there's a Vernal P there yeah was
it so it's it's a registered I don't know not yet yet it was part of the hope for the enforcement because they so put into it so it's probably just an Old Farm irrigation it was at one time now it now it's
not a Waterway now yeah scantic into yeah oh so a little interment in Brook that they they cut a irrigation C in so it goes through and then goes into the scin thing and what
do they do they they tore it up yeah was back that was last last and we had were in here they're cooperating right yeah we just we don't we they're um we just know exactly what they we got to look at our bylaw what does our bylaw
allow and not allow and well and then the a exemption is the other thing because I don't think they get an A exemption unless they're registered with the state so but they keep talking about it and so does that one meet the criteria for our little bylaw for our
bylaw yeah that it's got a little I believe it I believe it ends up with 100 foot buffer yeah from our bylaw the bylaw is more strict than the so it violates both our bylaw and yeah what do you guys thinking I'm
thinking return it back to its original state they they're talking about planting grass they want to scrape the inside of the they want to clean it outat there's plastic in there floating they want to take a bco and
dredge it yeah it's not going to be allowed I don't think because of the B they want to put a sprinkler system in oh yeah they mentioned a sprinkler system too yeah yeah I just GNA be like a nice little pond in the front of the property that's they want it to be but I
don't think I don't think our bylaw allows it there was so much that they threw out I I don't know what it allows I'd have to I really would have to to go back and read the bylaw again to make sure like what it allows and what it doesn't it was written by an attorney
clear it's a little bit cryptic yeah a little cryp read legal e yeah exactly um and I think we need them to give us an actual plan plan and a request of what do they actually want to do because that's the thing is they keep
throwing out these different ideas and they keep asking like well we can't deliberate on site that's not allowed it's not a public meeting um but we don't have anything in writing of what they actually want to do so as far as like dredging it they want to make a nice little Pond put a phone in it I'll
tell you what happened over at U bayth Sim identical thing little little uh irrigation Pond cut in by a farmer 100 years ago and um so there was a high water table over there and
came before us because they wanted to do some I don't remember what they want to do but CG was the chairman at the time and he basically gave them permission to like fill it in a couple feet and I knew what he did he basically eliminated the
Wetland because I know where the water table was and so if you go over that it's a it's a dry Pond just a divot in the earth so I'm going to tell you like eventually that little divot it's it's
filling up slowly but surely was still over time and it's basically eventually it's just going to be the stream that cuts through there right because they filled it so we got to ask ourselves I mean because it is under our bylaw yep do you want it to be you know be a
situation where it eventually fills in and then becomes not under our B hour we you said there's trash in there and there yeah I mean we definitely want them to be able to clean it out that's that's true I mean hand clean I think hand clean it
though because there's animals living in there there it's life in that water yeah yeah yeah any Pond within 100 feet of any pond that's our bylaw oh well they so doesn't matter if it's a farm pond or want to call it a farm pond it's 100 ft from any pond that's why they're going
to call it a farm Bond instead of pool do you want them to clean it or do you want a professional that's that's what you I want to see a professional team up there because you said it is because yeah there are is a veral pool it is registered but if they're gonna if it's
not registered it's not registered it's labeled right as a potential veral very well established it's been anyone gone up there is there any endanger that's how you certify it what part of it is you go and and you collect certain species from inside the veral
that I thought that was done yeah you know I Cattails and reads I think they look kind of pretty I like them yeah I just pick up the what's on there it's the when the green starts to come in it's actually really pretty I mean I think that bank was once they get the trash
out I think it'll be fine yeah but he wants they want to go in there and like scrape the bank make it Kids Safe you can't do that they present something in writing no no oh they just came in they just keep coming and asking questions
but we have nothing in writing from them we've been asking for inwriting for what since July since July of last year we've been asking inwriting for their plan Al so just jerking us around yeah yeah basically just recording thing I
know but it is what it is that's right see I told you but no yes we've been asking since last July for something in writing what's their plan we gotta keep so what do you guys want to do to to get them motiv come before us again but we need something in
writing and then we can address all of the bylaws and everything else once we're presented or we just have a plan with what we want them or we could do that too yeah yeah I mean I agreed Tom at the site visit I agreed to send him like because they're asking about Native species so I was just going to send them
a link to a site I use for Native species like make sure you get the right version um uh so I was going to send him that I can also be like can you send us exactly what you want to do so that we know we know like how to prepare in advance so they're not asking you know
coming in and asking a lot of questions because it went I mean last time they were here though they all they did was like yeah they just wanted to restore the area con it was just a conversation and they just wanted to say they wanted to restore it well what does it mean to restore it like what are you thinking of restoring like what we consider restoring what they're considering restoring is not the same no can we
specify having a Professional Restoration Team going there that's yeah that's what I'd like to see I we can to protect the to protect the wildlife sure right Ryan Nelson was right there so they have him they have L doing something so are more than capable of
putting something together let them do it all I would make that I would agree with making that a yeah a necessity it has to has to do this isn't like a clean up day or we don't want to see no green no I know because then he mentioned like oh we're having an Earth
Day thing and we get volunteers to help clean it up I'm like no you can't that's they don't know it's not in yeah not underwater around it like if you want to pick up trash that's on the like surrounding property Shore but not in the water you
know yeah yeah that's the professional team that come in Restoration Team really what is a professional team going to do well they should are restoring that Wetland area yeah how are they going to go about it that's going to Define them as professionally cleaning up a wetland
going in there by hand with boots on mucking it out possibly probably there's not really I mean requires a real professional I think what we're I think more we're worried about is that they're gonna go in and they're gonna do
they're gonna go with the tractor right and just and do what they want and it just ask him to file you can ask them to file a proper restoration plan through a consultant like the one they had on site and then it's and that has R bonus is on them of how I mean they have to follow
the plan right yeah they do um I mean that's just an option but yeah I mean I think that having them have a plan by professionals yeah and right right I don't know that I mean I think that's fine and maybe
um you want me to the consultant who le le would know who to get Le has a team Le has a wetland specialist so that was Ryan that was there so and it's just a during the process of restoration and
cleanup there has to be X number of site visits done properly I mean we can put that in there so you want me to like maybe when I when I send this site to them do you want me to just like kind of summarize this in an email and be like have a plan send it in advance we can
look you guys look it over and then we can schedule it professional right we want something that's if is their consultant we want LC to put the plan together how it's going to be right but do you want them to come in maybe before they do that because they seem to have a lot of ideas yes abely you know maybe so
maybe like once they actually have their opinion of what they want to do on paper like as far as a list of ideas maybe they come back and talk to you and then you guys can come do so we want to preempt that though a little bit with like saying hey Please be aware that the
bylaw yeah will limit what you can and can't do and the bylaw is going we're going this is what we're we're already going to require based on our bylaw right just give them that preemptive like Hey we're going to require that this be done by hand per the bylaw right
that specialist who works for LC he would know yeah he would know that 100 foot area circling net and wherever to yeah and I mean but I would mention that I would mention that the bylaw States X and that's what we're going to be
following right just so they know up front and yeah right just so they're you know they can have a lot of they can still have ideas of what they want to do but just so they know like hey this is what you're going to come up against is this bylaw I'll send you a draft before I send anything so that way it's like
make sure it's really in your words and I mean we don't want green grass going right to the edge that means more is are going to go near it no you can't right so it's got to be 100 foot yeah it's not a well established root system for the bank of course there's already grass
growing or not I can see they see it we have discuss as far as is how much we want them to not touch around that pond yeah yeah general rules it was 50 ft now it's 25 it seems I thought it was 100 we have 100 our B we could make it 100 have
for years it was 50 and then it became 25 not to recite his is your discretion yeah yeah so something to think about how how much around that pond you guys want to okay have go back to Natural
i' like to see 100 the max that 100 that's 200 feet that's a that's a big chunk over there I mean they're going to not develop that whole front no it's not it's not on top of the no it's in the back it's not up front it's in the back it's in the back yeah
back to the right if you go up there you'll see two buildings that were already set have an overlay one for the South back back driveway Summers they have a
building what do they want to do make lawn around it yeah all the way up to they want to make they're going to plant pumpkins somewhere else and then this is what they have now it's like an existing conditions plan so there's the pond and then they had a silk fence um around it and the scantic right
here I don't know that's what we got via how big is this m I do not know if the top of my head how big um Ryan was thinking it was a 50 by 50 but he didn't have an exact measur on the plan so they'd have to measure it
out I think it's like it's like around that 50 by 50 well we can we have a discussion to do 100 feet like you said Tony if un how how many do you want
toz Alex how many feet do you want that's that's not up to me I can't I mean I'm I don't know I mean I'm okay with the 25 to 50 I think I I think 25 is too small you think it's too small y it also
depends you guys can always hear out what they actually want to do yeah that's true too and then decide from there I mean if the mor what do you think sound they want to judge it something like they want to an aan and have it which we don't want 25t is I
think 25 ft is not enough not enough so 50s probably are so you want about 50 probably about 50 I think the lowest side go is 75 that's but then again I just hate to see areas like that
I know Tony I know yeah and it doesn't I mean like you all said they need to come up with the plan they're just bouncing ideas around right now like they're going to be planting an acre worth of pumpkins okay where's that acre of pumpkins going right where are he said that there's apple trees coming in okay
where do the apple trees end and like if we could see all of that like on a plan I think we would have a better idea of what we're looking for with the ponds we need to know exactly what is what is their plan for that whole parcel because that also changes too so
if they're if they're planting an acre of pumpkins they're going to have to water them and everything else is there a plan for the is there going to be runoff well that that is there runoff gonna go into the pond kind of comes down to a exemptions too which again
they don't necessarily have yet have that yet right I'd have to talk to Mark about that one I'm not sure how that all works how far are they gonna go back are they gonna go back I don't know sounded like they were going all the way back but I mean right but I don't know like what's I'd love to just see the whole
thing on a that's a big piece of property oh yeah they buy that whole thing Parts in Connecticut too oh did they bu piece or not I'm not sure what is it total 60 Acres that was like 140 or it
was originally big piece yeah maybe it was 60 and 60 and math because it was about 5050 or 6040 so that that would make sense yeah okay 60 Acres for relevance or Maple
Shade and birchland that's 30 Acres all that land yeah so that's a big piece where does it go though oh it's all behind goes all the way down goes go H line they said they like the
houses that were along that perpendicular to it yeah probably does you know one of them said 60 Acres and I'm like there's a house someone's backyard so I think if you go if you that tree line is where the were goes
right like that there kind an odd sheet is wor just like seems like it goes in left is my worst enemy actually yeah dog right is my friend my friend yeah yeah comes right off the
team right I can slice place to start okay yeah I'll draft something and send it to you before send it off that sounds good anything else we have
uh planning agenda Department no update no update okay sweet yeah we approved it outs Zone completely 100% outside the bus a lot of the Bloods are over there not allowed to make a motion to close
the meeting at 645 second all those in favor by all right wonderful