I call to order the Wednesday, May 14th, conservation commission meeting at PM. In attendance, Thomas O'Brien, Elizabeth Stoton, and Megan Logan. Uh, first order of business is the approval of minutes from the
492025 session. Did everybody have a chance to read them? Yes. Any comments or adjustments we need to make? Motion to approve. So moved. I'm making a motion to approve the minutes of
49. 49. All those in favor? We need a second. Do we need second? Second. Second. Second. Y. All those in favor? I. I. Awesome. Next up is project monitoring
um EO 202501. the stream alteration. This is the sheep farmer. Did you guys have a chance to read the everything that Alex found out about this comments? Basically, it is jurisdictional
um because of the upgradient that exists. So, they will have to file an NOI if they want to keep the whatever you want to call it, whatever whatever it is that they did. Stream crossing. Stream crossing. They'll have to file an
NOI if they want to keep it. Okay. Um and if they choose to remove it, it can be done through the enforcement order. They don't need to go through a notice of intent. You know, I was looking at that thing and uh I don't think there's any flow in that. I think that's the water table.
Yeah. Bottom of that stream is a water table of some parts of the year. Like right now, we've been getting a lot of rain. Right. Right. And when it gets dry, the water table drops and then it's it's dries up. Sure. So, they got to come in for an NOI if
they want to keep it. But if they want to keep it, they also got to go through the DPW. And we don't know what the DPW is going to ask for. So, um, ideally we should they should everybody should be on the same page so it doesn't cause more time and money later. Um, and I
know that, uh, Mark and the DPWs reached out a couple times. Um, and I just got, uh, that the that individual who was with James Ryan's number. I got it this afternoon. So, I'm going to call him um, and see where we're at with that process. So, what's the order then? Get
get permission from the DPW. So there's yeah get permission from them and know exactly what they need from them and then come to us with like a propo like a full proposal so nothing has to be changed mid permitting process. So everything the DPW wants needs to be in the NOI that makes easier. That makes it
way cheaper for them. Yeah. Right. So you sent the notification of that. So they Yeah. They know because the DPW's reached out a couple times. They're aware. Um but they haven't heard back. So, I'll I'll reach out myself again and see where they're at
with that process. So, there's nothing we need to do tonight to No, just an update on where we are with it is all it is. But if what happens if they decide to get rid of it? Where did what did you say? We can do it through the enforcement order. So, they don't have
to like submit a notice of intent to the enforcement. Okay. Yeah. I have a feeling they're going to want to keep it just because that's their only way in property. Yeah. Right. Okay. Next was the enforcement order 25-04. The dumping
into the brook that's behind the shopping center. Yeah. This is pictures. So I've been down there. It's all clean. Oh, this is beautiful down there. The new owners of the plaza, they got the enforcement order and they took care of it. Really? It was a mess. No, it's
gorgeous. I walked down. Awesome. Yeah. Look at that. It's beautiful. And they have a new plan in place for keeping it clean and everything. Like it's there's nothing down there. They assured us this won't happen again. So, they took over, I guess, about a year ago, right? About a year ago, and
they haven't been there much yet. And um so now they're like their property management knows that the bank um is to be cleaned as well. Um so they just expanded it over the side and um they're just they're going to keep up with them now. So we shouldn't have this issue moving forward. I was I walked down
there and I'm like, "Oh my god, bring some sherbet." Beautiful. Nice. They tied people up to the guard rail and they walked down native people to help like people somewhere like for the guard. They did say they had people literally tied up to the railing
and got down. It's such a steep bank. Yeah. Wow. There's no good ending to that fall. Cobbleston water. Yeah. All the um what do you call all the dumpsters were cleaned up and the actual road back there was clean and it was gorgeous. Wow. That's great. Yeah. So,
how long after you sent that notice did they It must have been really quick because I got a phone call two weeks ago, I think. Yeah. Um from her saying fine. So which is crazy that she she just went and did it and
they didn't even call and say right hey we got it but they took care of it. Yeah. I think they were I think they were worried about fines so they just they got to move on which is awesome. But it also went viral. There were several even I mean I don't even live here and on my Facebook it even came up like viral posts about the dumping back
there. Really? A couple of them. Oh that's funny. Oh wow. Yeah. Guess they heard about it then. Nice. Um then next you will need to vote on this next one. It's um the force 2022-31 the alteration at 383 Porter
Road. So um if you read the email basically I think we talked about this last week we agreed that um we will drop the suit against Coralin um so that the property can be sold as
long as the new owner agrees. it'll be all in writing that they have 30 days to submit a restoration plan within 30 days of closing. But if the property does not sell, then Carlin understands we have the right to refile suit against him.
And the suit's only dropped if an actual buyer comes forward. So if you agree to drop it today, it doesn't to my understanding from what the lawyer said is it doesn't just get dropped. Okay. Um it's dropped only if there's a buyer, right? And then the enforcement will just transfer to the new buyer. So, so
what what are we voting on? A motion to these conditions. Motion to dismiss the lawsuit against Tim without prejudice with no We're going to want to read both of these into into record if the if you're agreeable to them to these conditions. Well, yeah. So, as long as the new owner is going to take on the
rightforce enforcement order or if the sale doesn't go through, then it's still on the suit will be refiled against Carla. Yes. Yep. Yeah. So, as long Yeah. Just read if we read these two in and then everybody is agreeable. We can make
the motion with the conditions noted. You want me to read it in? Yes, please. Amazing. So, can I make the motion with these conditions? Just read the conditions first and then you all will agree to them and then we'll make the motion with conditions noted. All right. Conditions. Any new slashprospective
owner shall acknowledge in writing that he she will file a restoration plan in accordance with the conditions set forth by the commission in the enforcement order issued to Timothy Carlin on November 10, 2022 within 30 days of the date of closing. Filing of dismissal
without prejudice shall be contingent upon receipt of a signed statement from Timothy Carlin acknowledging that if the sale of 383 Porter Road falls through, the commission will be permitted to refile the suit without any objection from him. Do I read this lower part?
After you all say you you agree with these conditions? I agree with them. I agree with them. I agree with them. So I make a motion to accept said conditions and to dismiss the lawsuit
against Timothy Carlin without prejudice and with the noted conditions of for red. That sound right? Sounds great. Second. All those in favor? I. All those opposed. Thanks guys.
Next, just planning community development staff report. Do we have anything else? Uh, just one quick thing to note. Um, Summers Road 896 Summers Road with the with Vernal Pool Farm Pond. What? Oh, yeah. Yeah. Okay. For Forest Garden.
They are about to submit a site plan to for uh their new um venue. I'm not sure what what it is exactly, whatever it is. So, um they're prioritizing that. um we don't have a formal enforcement order
for them. So we have no binding way to make them comply by said date. Um so at some point I think it might be wise if we want them to restore that area to formally issue an order so we have a binding date.
Um just something to consider moving forward. That's all I've got for that. you looking for that tonight or you want to wait? No, no, no. Just boards here and I don't have anything drafted yet. I just wanted to something written and
drafted. I wanted to see if you were interested and and receptive to that. Um, we probably need something in writing just so that it does get restored and not forgotten about, bulldozed or forgotten about. Exactly. Yeah, that's that's just that appears to be the direction we're going in. So,
okay. Do would we wait for them to step for that? Well, they were supposed to submit what they wanted to do with it. That's what I thought. And but because there's no nothing official in place, we have no like teeth to really make them fix it right now because Yeah.
Okay. Yeah. So, um you know, they talk a lot with Rob um the planner. Um but I I haven't heard anything from them. So, and again, they're about to submit so they have everything together. Um, so it's just food for thought. Yeah. Yeah.
I'll draft something for the next meeting and you Yeah, that sounds good. At least so that we have something on file like, you know, they have that need to file a plan with us to do, right? Yeah. Just so we know. I mean, and if it's like, hey, we're not going to touch it for another year. Okay, great. We
know that then. That's that's great. But at least we have something. Yeah. You're going to give us a staff report. That that that is that was it. Yeah, that was all we had.
All right. I will make a motion to adjourn the meeting at 6:11 p.m. So moved.