I will call to order the conservation commission meeting of Wednesday, March 11th, 2026, 6 p.m. in attendance. Anthony Zampuchini, Elizabeth Stoton, Jason Gumpert, Thomas O'Brien, and >> Megan Megan. Sorry, Megan.
>> Unbelievable. >> Totally had a break. >> We're all new. Still learning. It's >> been a long day. >> First item on the agenda, approval of the minutes 211 2026. 20 to 26 open session minutes.
We have enough people to vote on it. >> Yeah, just continue those for now. >> You want a a motion? >> Yes, please. >> Motion to continue the approval of minutes 211 2026. >> Second. >> All those in favor? >> I
notice of intent NOI- 2022 01. Notice of intended 0 Nelson Street assesses parcel ID 2C-45-299 for the construction of a single family home subject of the wetlands protection act 310 CMR 10.00 00 and the local
wetlands bylaws chapter 424 wetlands protection applicant Ted Pukowski 1307 Tinkham Road Mass 01095 >> good evening >> if you can just state your name for the record that'd be sure I'm Mike Petus I'm
professional engineer with Engineering Land Solutions this Mr. sitting to my left. I brought copies of tabloid sized plans if anybody wants them. They may be a little more legible than
you guys already have them. >> We have Yeah, we have what you submitted, which are the I I think we just have the proposed conditions 17 here. >> They might want the be good. I uploaded a stamp copy just for
Perfect. Thank you. >> I don't want to walk by the wires. Knock everything over. >> No, you don't want to trip. Can you give me some reference where this is on Nelson Street? >> The if you were to come down
I'm not too familiar with East Long Meadow. Um >> go down um >> next to the friendlies. >> Yep. >> Yep. Go down there. >> Yeah. Go all the way to the end. Take the left. Go around the crazy corner. It's on the left hand side.
>> Yeah. The corner comes tight. You're forced to go right because there's a paper street. This is probably the third lot on the left. >> Okay. >> From the house that's sitting on that in the corner.
>> Yeah. Yeah. When you come down the road there, it appears to be a two family. I'm not sure if it is or not. that. >> Um, and then there's vacant land. This is the far southerntherly piece of the vacant land. It's a little deceiving. There's a gravel driveway there.
>> I know that neighborhood. I grew up there. >> Oh, okay. There's a gravel driveway um that actually is partially on Cross Street, which is a paper road. So on this piece uh we're proposing to construct a single
family residence uh with the associated grading utilities. Uh there are existing utility stubs meaning water and sewer on site to service it. There is a discrepancy though with the sewer. You'll see we
called out two test pits prior. Um, the plans differ from each other, so we're not sure which location it was actually built at. The asbuilt chose both. So, there may be two stubs for this property. And it could have been a
possibility because before they filed or Mr. Powski filed, this specific parcel was four parcels. So, it was all combined to make one. Um within the work as we've proposed it you'll see
it's um all the boundaries the resource areas are associated to the eastern side of the lot the upgradient portion of the lot the western side the
no work is proposed within the actual resources we are within close proximity of you know the 25T buffer to point that out. Uh the 50ft buffer is marked and the 25 we
located on the plans to show how close we are. One benefit of the retaining wall feature is it does give an absolute stop um that the commission can you know I
haven't been before the Eastong Metal Commission in quite some time so I don't recall if you guys require permanent boundary markers, but the retaining wall would propose that it serve as such for the work zone limit. >> So, you're going to build up to the 25
ft buffer. That's what you said. You want to where you want to put the retain >> beyond it. If you look on the >> beyond it, closer to the brook. >> Yes. So within it >> within the 25 ft buffer. Yes. It averages pretty much right on the 20
foot line. >> That That's pretty steep gradient back there, right? And it goes right down to the brook. That's >> Yeah. So this site what we found it must have been an old fill site through time for the development or whoever developed
through that area. You'll see two test pits that we call out. They're the circles with a hash cross through them. Both of those went 10 ft deep. But we did note the top 3 ft 4T was fill or
disturbed materials. Uh the site was previously cleared. If anyone, you know, being from the neighborhood, you may recall that it was all low-lying brush and some relatively young growth trees. When I
say young growth, maybe 20-year-old trees on site, small diameter. Uh there is a large collection whenever we do a sitewalk together of Japanese knwood down at the bottom. uh we propose
to mitigate that within our proposal to you that um we apply herbicide to try to kill it off. As far as mature growth, if anyone went by it, it's a cleared site currently.
Um what we maintained is the edge of where there still is vegetation. So that's kind of why we chose this location for the retaining wall. Anything upgrading of it has already
been cleared or disturbed. >> So is the retaining wall in this picture? >> Yes, I can. >> You mean that green line right there? >> It's in the other last page of the >> Oh, that helps.
Or you may know a magnifying glass. >> Well, there's no legend. >> Oh, is it the legend? Gotcha. Okay. Yeah, I don't have it. Thank you. >> Here. Green here. Green here. This one right here. This is green. That one's
green. That one is >> I'll take >> that one. I'm trying to understand the just some on the planned um conditions proposed conditions. There's the what look like the contours from the original. >> Mhm. >> And then there's these there's the dark
>> bold lines >> with the bold are those contours as well. >> Those are the proposed. >> Okay. And does that create is that why there's a mention of swelles that because you you you see swailes will actually form where those contours meet.
>> Yes. So the way we have it is if you would imagine the backyard sloping here, the retaining wall, we're following the cross grade. Right now there's a cross slope from south to north. We're kind of keeping that within the
drainage pattern. >> Do you have anywhere that marks what the gradient is like? >> Yeah, I was wondering that. >> Like we need to see the gradients on this like >> percentages. Is that what you're asking? >> Yeah. What's the drop? >> What's the drop? What's the slope? Oh, so from the rear of the house, these are twoft contours.
So essentially from the rear corner of the house, it's about a 7ft drop to the retaining wall currently. We still drop the same amount. I don't know if it's easier to approach you guys to explain it. >> So what's the height of the retaining
wall proposed to be? >> So if you look at the TWW, that's top of wall. VW is base of wall or bottom of wall. So at the highest point the walls proposed at 8.6 ft from grade
and at the lowest point it matches into the grade. The only reason we keep the wall so high at 8.6 is these blocks that we're proposing the plans in there are 2 ft in dimension for height.
So realistically if you look at the grading the way we have it the top cap or let's say the upper 14 in will be showing kind of as a deterrent to mark the edge as well as you know the building
department or Mr. Picowski may elect to put a fence at the top of it also. >> So you're going to build dig down for footings four feet below grade. No, these the way the gravity walls work, if they're not building codewise, as long as they're
not supporting a structure or, you know, a house, we don't have to get down to the frostfree zone. These are working similar to just a gravity retaining wall system. So, if you look, we have >> probably half feet, three feet. Mhm.
>> They're going to be set at grade. >> Not at grade, but in the plan it shows we'll dig down. Typically, a half a block gets buried and then there'll be probably a 12-in stone mat below it. >> They're all interlocking. >> Yes. And what happens is you'll see in
the diagram there's what's called deadman. You actually bury a block or two in the fill and we tie the wall back to it to make sure that it doesn't rotate. It's kind of overkill, but coming to the commission and Mr. Picowski, if his
family moves in or if he sells the parcel, nobody wants to come back soon for a failed wall. So, it is we admit it's overkill, but it it's required in this circumstance. >> So, you dug down as a couple feet of
whatever rubble disposal and what was the rest? >> It was actually a pretty decent. It was more like a sandy lom um east long meadow. Typically I find the reddish clays. I think that's the underlying parent soil on this site
>> because just that that whole neighborhood is sugar sand. >> Mhm. >> Um >> it wasn't that sandy. I mean it had more lom. >> So maybe a lomy sand. >> Maybe it was phil. >> Uh we definitely were in virgin because I could see the groundwater modeling.
>> It put you in the ground. >> Yeah. You go 100 yards from that and that was just sugar sand right there. >> Was it not straight up? I'm pretty sure you could from there and I know the veins over there. They they run true generally. >> Yeah. >> No, definitely there's hillsides weep
going on there for sure which could indicate the sand lenses you're talking about. So, I I'll just speak. I've been on the board a long time >> and years ago it was used to be 50 foot was like the hard line and then I'm not
going to give you the history of it, but 25 became the line in the sand now. >> Sure. >> No pun intended. Um, we have had situations like this where people wanted to build a retaining wall
like right at the line and one in particular uh the plants next to Pleasant View right here. And we didn't allow it. I mean because really to install that wall the way they were going to do it, they would have had
literally been digging in the wetland. Yeah. I mean, they're digging in very close to the it's the outlook or the outlet for uh Heritage Park. >> And this is similar. I know that brook. I know the size of it. Um so
I don't know what the rest of the board feels. Is this could you do it with less? >> I was going to offer that we I could talk to Mr. Picowski, but we could arrange it on the 25 foot line. more so the reason I chose this as I
mentioned this is the edge of what's already disturbed so I figured we're not introducing new clearing um we could move it up to the 20 foot 25 ft line but it serves as two items you know we're trying to responsibly develop this site
and whoever the end user is instead of coming back to the commission because I've been on projects that we've actually repered retaining walls and moved moved them to gain a backyard. So, we felt this was more than sensible for the house. Um, but if we lose the 6 ft
by moving it forward, I don't think Mr. Macowski has an issue with that and we could locate it north or in this reference west of the 25 ft line if that's what the commission would prefer to see. >> I would prefer it to be >> Yeah. >> Yeah. Because we haven't made that exception before and I'm not looking to
do that. >> Yeah. >> No. >> Yeah. 25 ft and it's >> pretty close, >> right? And it's a brook. >> Yeah. Yeah. >> And so would your construction be at the limit of the 25 or would it encroach into closer to the brook
>> cuz you're be at I mean the back of the wall I can put right at 25 if everyone would agree because essentially we're definitely in parent material back there because when I augured for the deep holes you know we had the traditional depleted uh B matrix the
real dark a horizon you know top soil horizon And so it it is natural back where the wall's going to be. So essentially we're digging down 2 and 1/2 ft at most. But it's a trench
and it'll stand well. So I you know the and they build from the upland side. They won't be down right because basically the excavator just grabs it and they're like um Lego block steep ditch in the back. >> So >> yes, you have to paw that right down to
the 25. Yeah, we would >> below that >> 30 in most likely, >> but we would stack it on the uphill. >> I thought you said it was half of >> it is, but we bed it on stone. >> So, we'll probably have Yeah, we'll have
8 in 10 in of stone below it. >> I forgot what we specified in >> really steep. >> I think so. >> Or do you know how >> but the we could be at 20 >> if everyone prefers 28, you know. I just don't want to get >> want
>> just for the fact that >> Yeah. >> Okay. I mean an instance like this would be pretty recognizable but just walking the stream there is you know downhill sites unfortunately collect trash is I don't think the
homeowner would ever do that but there is trash along this stream and I you know a lot of times I think it's a balanced this cross street I don't know who uses that dirt road but it is active
and I don't know if it's um a DPW thing or >> Oh, if someone wants to comment. >> Okay. >> Oh, >> that cross street is is there. It's a dirt road. >> Yeah. So, if you see the dash line that I showed just south of it,
>> a portion of it actually falls on the neighbor's property the way it's defined now. >> From the back of the house going toward the stream. >> Yep. >> How far back does it go before it pitches down? Because that is a real steep pitch. >> Yeah. The
>> How far would you say from the back of the house to where it pitches down? >> So from the back corner to the stream. Yeah. Two six. >> Yeah. Six 7 ft. >> Yeah. 7 ft. >> Jesus. >> Yeah. >> Wow. There is no backyard. >> Yeah. That's kind of why we're
intrusive. >> That's why you know you start messing around at the 25 foot and and I believe that's the puzzic >> that is >> that goes through that's constantly flowing. >> I think it's tributary to the >> no pusk starts up here Indian Springs
and it goes right through forest park and it goes out to Connecticut River under Route 5. Mhm. >> And what I'm saying is when I did the research to the eastern side, there's a more defined stream and I believe your GIS map labeled that as the two sick.
>> Yeah. >> Wow. >> This is tributary. I mean, when I first was out on site, this one didn't have any flow. Uh when I went out most recently, that nice um
like Indian spring we almost had in January when we delineated. It was a beautiful sunny day and we got a snowstorm I think 2 days later. It was flowing pretty well then. >> So you're saying that that's not the propos? >> No.
>> Or that's what I am saying. Yes. H >> I'm just trying to to picture my >> All right. When it leaves >> or is it not the puzza? >> It's not. It feeds into the feed. >> It feeds into swampy area. >> That's tributary, too. There's a large a
very large swamp area to the southeast of this property. >> Yeah. >> Yeah. Very large. >> Wonder what that is. >> Okay. >> Cut through that swamp many, many times. newspapers.
>> Yeah, this is Brook here. >> I mean to give the board or the commission some history as well. We we did try on Mr. Picowsk's behalf to get waivers of frontage, waiverss to
sideyard by average dimensioning. Um will your building commissioner wasn't comfortable with the application so he said that we'd have to go before the zoning board to do that and then just for time it didn't make sense if it
didn't work out. We did try to move the house closer to Nelson Street and we tried to move it closer to Cross Street, but that was ultimately denied without zoning board action. >> Why Why did they deny it? And I thought if
if it's an unbuilt street >> yet >> doesn't ownership go half and half to the butters it's >> and I explained that to him that we could argue that but will at that time was wasn't too comfortable with the town bylaw to interpret it either way. So he
you know rightfully so he said recommended that we go to the zoning board. >> Yeah. So the Pakos's way back there. I know the area you're talking about now. It's the swampy area that Yeah. I mean the site the way as designed
before you keeps any drainage currently on site on site. You'll see we introduced the swale to the southern side of the house to keep anything there on the parcel.
Um, so we feel that it's pretty protective, but we're not adverse to altering it to the commission's comfort. You know, ultimately I would think we'd all want to get out there uh to see it if we go with Alex or you folks
>> collectively. Yeah, >> I think it may be easier. We can stake the house out as he mentioned as a requirement. So when you build these this this tech these wall technology has been around a while and it's proven itself to be pretty >> Oh yeah, these are what they refer to as
um mafia blocks. They're you can buy them as seconds or you can buy them as you know first production. >> I know what mafia blocks are. >> Yeah, they're to the folks on the commission. there. Some concrete supply yards instead of dumping the extra
concrete out, they make these blocks. >> So you you have no plans to put drainage in front of this this wall. >> Uh there is drainage on the back side and on the front side as well. There will be drainage associated with the wall. Um it's just the upper top when
it's lommed. We always still introduce a swale to get the standing water away from it. So that drainage is going to be baffled when it when it outflows into that area. >> Well, we figure it's going to be very slow moving. I don't you know,
groundwater moves much slower than surface water. I don't anticipate any surging. We can always call out when these walls get built. They're not a perfect trench per se. There will be some stone on the front and back side.
and we can call out an, you know, an additional foot of stone if that makes the commission feel more comfortable with what's spilled out of the wall. >> And how long is the wall? Sorry, I not
>> um the lot itself is 120 ft wide. So, the wall is about 90 94 I think from memory. >> Okay. >> God, I got to see this. >> And how dense is that? um knotweed down there because that's
>> I apologize. >> How dense is the the knotweed by the water? >> Um >> I guess I'll see it if when I go on it. >> Yeah, but on the northern side of the parcel. So if I was to split the parcel on the northern side, it's pretty bad >> or pretty dense.
>> She >> oddly enough, not to the southern. I didn't really I mean there was some shoots coming up, but not terrible. So you angled the wall to accommodate flow. >> Yeah. And kind of lend itself to the
site because it blends in almost to zero on the southern side. And then if you look to how it finishes on the northern side, it's only 2 and 1/2 ft above the ground. So it just takes away the curse of the center
grading essentially. The one benefit of the retaining wall that I tell commissions as well is if you imagine a site, right, we all know a site like this cleared is generating a lot of water running off. So the
retaining wall helps us grade it back out and it slows down the point discharge of the storms and gains land as well. Usable land I should say. >> Do you have any description like a narrative on the topography changes and
what's going to happen? What's going to what how the >> drainage wise? >> Yeah. >> I mean I could generate one. >> Yeah. >> Well yeah if that thing is going to be 8 ft. So, so from right behind the house, >> see that and what's going to happen with the topography. >> Well, instead of the narrative, what may
be better as a suggestion, if you guys want, I could take a profile right through the lot. So, what that does is it'll show you. So, when you look on plans, some of you may know what it is, some may not, but when you look on subdivision plans, you'll see the grid
and the profile of the road. We can take a profile through the lot and show existing grade verse the house and proposed grade. So you'll see the color differentiation and how much fill is there. >> That's fine. Yeah. >> Is that good for >> if you have the numbers on it too which show the
>> Oh, it'll show all the elevations because everything will correspond with the height. >> That's fine. Y >> So you said that wall is 8 ft. >> Yeah. At the highest point in the center it's 8 and 1/2 ft. You can only fill in it till within how many feet of the top?
>> Seven. >> Seven. >> Yeah. So the upper foot 14 in whatever it ends up being will be consistent as a boundary. I never with retaining walls. I never like leaving them flush unless we're putting a guard at the top just so
they're recognizable. So what when you muck this out, right, you're going to have to bring in some sub substantial fill. >> Yes. >> Um >> we're the house is going to generate some, but it's going to be a walk out, so it's not going to be terrible amount.
>> It definitely will need to come in >> and I can give you an estimated quantity if you guys want on the the profile as well. What's the height going to be from the top of the wall once it's up and you bring in Phil to the back of the house where you would >> level, right?
>> It's going to be a walk out. So, it's going to be almost that great. >> That great. So, so I mean realistically 14 in, you know, for the step out and the foundation to meet coat for, you know, fill against siding. >> It is a lot of fill. >> Mhm.
>> I mean, if you look at it, the grading works out each line is 2 feet, right? So, we're proposing top of wall at 202. So, at the back, so at the back, yeah, it's going to be this basement slab is almost going to be
level with the existing grade in the backyard. >> So, you walk out the back and it's going to be level right to the top of that wall >> pretty much. which I from the back of the house to the retaining wall. I'm dropping it maybe a foot. It'll be gentle graded.
>> Okay, that's a lot. >> 7 ft. >> Yeah. >> To the edge of that to the top of that wall is how many feet approximately? >> Um if from the house to the wall. >> No, no, once the wall once the walls up. All right. So from the All right. So
afterwards, how so if you look an easier way till I get you guys a profile to look at it. If you look at the wall and then you see the grade lines that were tying into it. So at the southern side, which is your plan
left, my right, it's almost that grade sticking into the ground. As we go to the midpoint, that's where it's 8 ft of fill. So if you can imagine grades going like
this, our fills going like this. So it's a triangular fill. You know, we're almost going from zero to 8 ft. So that wedge is significant. And then it goes back because it's all side sloping as well
because our realistically I held this probably as one and one and eight. So it's dropping 1 foot and 8 ft on the side slope. So, we're filling a portion to the corner of the house, then the whole site is going to blend in.
But a lot of this will be easier to describe to you guys through a profile or even on site. I can set up a string if we wanted to look at it that way. I'm not 8t tall, so I I can give you maybe 6 and 1/2 ft.
>> It's walkable, you said? >> Yeah. I mean, it's not >> I mean, I haven't been out there. I'm sure it's it's pretty clear right now. >> But right now, yeah, it'd be a little greasy for us to walk, you know, because the frost is still underlying. >> Yeah, I wore my white soap.
>> Any special equipment uh needed to do the work on this kind of a slope? >> No. And a typical excavator will handle this. In fact, when they dug the test pits for me, it was just a tracked excavator. Do you want to open it up to questions about that? >> Yeah, we probably should.
>> Cuz there's a woman out there has >> um the narrative that I haven't seen this packet, I don't think, in full, but does it have anything about um native plants found on the site um far, anything like that? Is there is that in here >> other than um >> I know I know
>> wetland delineation we did and then we brought up the mitigation of the Japanese not what >> yeah sure >> it was kind of tough when we were out there and you'll see the site is cleared right to seen it. Yeah.
>> Question. That's okay. >> Yeah. >> We'll open it up to questions from the audience. Now, if anyone has a question, if you can just wave your hand and then come forward and state your name for the record.
>> Yes, please. Just because of the the Zoom, that's we have to have recorded. Sorry. >> So, my name is Alina Sanchez. I am the house that is right next door. So, okay, that land will go down on an
angle and I'm afraid of the, you know, the the flooding that comes through there. First of all, I want to say that the land was the the trees were not young trees. They were huge trees that were taken down. Huge. Three or four were left very close to my property for
I don't know what reason if you're going to take everything down. And why were they taken down before anything was approved? Um, that's one thing. Uh, traffic is going to be a problem because of that corner. If anybody knows that neighborhood, that corner is, you know,
>> it gets really >> I used to I used to live down there. I know it is. >> Yeah. >> Um, so you know the the how is the drainage going to affect my property? >> Um, it shouldn't affect you at all. You sit much higher than this parcel as you
alluded to. >> I I'm down. >> No, if you look at the grades, we graded right onto your >> Okay. So, I'm over here. >> Oh, I apologize. I thought you were over here. >> No, that's someone else. Yeah. >> So, there's a parcel in between you and us. But this site,
>> who owns that parcel? You guys own that parcel as well? >> No, I don't believe so. >> The parcel behind is >> the parcel to the >> my property. That's my mother's property. Yeah. So, just to describe this plan to
you, when you see the grades up like this, that's a swale. So, this drainage is being held to this side. >> Mhm. >> And then this the drainage from the natural heads this way, which we mimicked with this design. >> So, my concern is that the neighbor that
was back that's back here that had put in a pool. >> Yep. There's a pool up here. >> Right. So that property when they put that pool in affected my neighbor that's like two houses away from me >> upgrading it. >> Yeah. >> Yeah. I can't
>> because they got flooded. So that what so my concern is will that you know will that construction affect >> it shouldn't by any means because that if you look at just to put in perspective the lot that she's speaking
of from the road is 2 4 6 8 10 12 14 16 18 ft in elevation higher. >> So she's from the road looking at the the proposed house she's to the right. >> I'm in the dead end. >> She's dead. She's the house we mentioned
that would come straight down >> in this in this corner down here. Sorry, I'm just trying to in this corner up here. Where where's your house? >> So, this is so this is where's the proposed house is here. This is my property right here. >> Oh, over here. Okay. I'm at the dead end when you're coming down. Uh L I'm on the
that left house there in the back. >> Yep. >> So, >> and her house from memory, you're very close to the road, right? Is it a bluish color if I remember? My house is uh No, it's a tan color and I So I'm on a paper street actually. My
>> Oh, you're beyond the dead end and n >> um so I don't have a driveway. My driveway actually is the paper street. >> Yeah. No, I think I know which one you're talking about. >> We wouldn't affect you with our site. That's for sure. >> Um we can shoot the elevations on the
sidewalk if anyone wants to. >> We've got a GPS scientist come out and >> Yep, we are. I've been doing this for 32 years. >> Okay. >> And then the what? >> The swale. Oh, the contractor's great swale to keep How does how do you plan
to keep the storm water on the property? >> The swale that you mentioned. Yeah, we've got a swale to the southern side. >> The swale they How define how are you going to do that when with the stream? They said they I don't know wanted more
discuss what the swale was. how we did that with this the flow of the stream because you're me you're >> with the fill with the topography you're bringing that fill up. So you're changing >> the whole the whole
>> the whole the whole flow of everything. >> So with changing that topography what you're going to mess with the flow of the stream and the flow of >> whale. As I explained to the commission, it typically in a situation like this
helps the drainage issue. So if you can imagine the site now, I mean just for illustration, let's say it's this way. All that water is rushing by gravity due to to the slope. What we're doing is let's say the house from the road to the
house will be now leveled off. It'll drop through the house and then from the backyard it levels again to the wall. So in there's something that you call time of concentration when you're doing storm water and it's the time for like a
concentrated flow. This will definitely reduce the concentrated flow which is what during a crazy storm when you look at the street and you see it build up against the gutter line and it's really racing. That's when it's concentrated.
To put in perspective this instead of that's why we kind of disperse the flow. We have a swale along the wall. We have a swale on the southern side. And we introduced overland flow to the northern side. So we didn't create one swale to
try to alleviate any concentrated flow. It's pretty well dispersed now. >> Okay. >> And what is the responsibility say 29? >> Ma'am ma'am can you introduce yourself and question moving forward? Questions are posed to the board and he responds
to the board. Okay. >> All right. So, if you'd like to step forward, introduce yourself, that would be awesome. >> Okay. My name is Jody Pamante and I live at 60 Nelson Street. And one of the current concerns was in the
neighborhood because we've been talking to a lot of people in the neighborhood and they couldn't make the meeting tonight, but they're probably on Zoom. >> Sure. >> And they were concerned about flooding. So they said in in 29 years if they haven't had flooding, what if after a
construction goes through and flooding happens, who is responsible for that? >> Well, there's a couple things. The building code addresses that nothing generated the site can't shed more water than it has originally. So during
construction and you know before the CEO that would be directly between the building commission or commissioner, excuse me, and TED through a complaint by a neighbor if there was an issue. Just being familiar with the site and the lowlying or the the relative
elevation of the wetlands, I can't imagine a scenario. We've got bigger issues if this is flooding somebody up by Nelson Street because as I mentioned it's a 17 foot drop. We could be pouring water into this. It should never affect your basement. You're to the north south
of us. Yeah. >> Yeah. I actually located your house. I took it off this plan because we weren't representing that. But you're right up at elevation 200 because that's where this shot ended. So you'd be in good
shape regardless. We wouldn't affect you, I guess, is the short of it. >> Okay. We were talking upon other neighbors as well, like she said, that lived on L Street that impacted them. >> Yeah. And that must have been something other than the pool because when we were
back there walking the wetland and delineating, it's kind of close to the resource, but it's still I don't know the layout of that street, so I can't say. Maybe they changed something with their gutter system or the grading or as Mr.
>> They had to divert the the flow of water somehow. >> They pushed the water >> saying maybe they took the fill from the pool and reworked the troubled area and then that's how you got the trouble. >> Yeah. It could have created a damning effect that could have pushed the water inadvertently. >> Okay.
And I think that's um the buffer zone and the brook wetlands and then you do and that's the the study of the steep slope and the runoff the storm water impacts. >> Mhm. >> And I've got extra copies of the plan if anyone wants to
>> look. Here you go. That's the without the house. this with the house. >> I'll take one, please. Sure. Thank you. >> I'm Joe Levante. I live on Nelson Street and
>> everyone on Nelson Street and LOL. >> We were all hoping that you would all go to the property. >> Oh, we're going to We have other questions answered first before physically go see the >> We do every site. Yes,
>> it is. And it's already very congested >> the street. >> I know I speak on the whole we were heartbroken. Those were very seasoned trees areas. They weren't wasn't little brush.
Mike the most recent home buyer on street specifically bought because it was told it was conservation land and wetlands. So, I speak on behalf of all of Nelson Street, Low Street. We are
dead against this and it will just it we're we're really devastated by it. It's very upset. >> No, we will definitely >> not welcome this at all. It's too small of a street to begin with. I mean, you know, I think you know the area, Tom.
>> I lived I've lived around the corner from there for many years. Yeah. >> Which side are you using to build it out? It's actually approved by DAP. I put in my report. Please come up and >> Yeah, come up and introduce yourself, please. >> There's not much that I would drink a
glass of. >> Well, my name is Mark St. Pierre. I'm partners with Jody. Um, the pesticides or herbicides, that's what I'm worried about because I make wine out of it now, you know. >> Really?
>> That's very cool. Well, I did not know you could do that >> and also >> so I mean we put as a suggestion >> the commission can reject this suggestion and we don't ratify the not >> yeah because that's not only there that's loaded with notweed there that
whole place you can't walk through. >> Yeah, it goes well beyond us ways the whole watershed. >> Yeah, it's something that we'll definitely discuss. is not something that's a guaranteed approval. And if it works to allow it, we would have to approve the herbicide and the treatment and it would have to be done by a
professional. It's certified to do that. Like that's what we would require if we approve that. >> Is that we do? >> So, >> I'm not done the >> Was it
Oh, is that Fernandez? >> I I don't What's the name of his company? You know, do you know the name of this company? I don't know. >> So, why didn't get it for us? >> Yeah. So, why didn't you guys come before us for like the clearing of the trees or for the test?
>> I think there was some communication error or breakdown. Um, >> that's definitely wetlands and that should have come before us. >> I No, I agree. And but I believe Ted had a meeting on the site. Um I'm not sure who was there from the town but
>> we we were there but we never approved any tree bearing. There was there was no >> Yeah, we went out. So when we go out we're not we don't go out with an auger like you do. So it's just it's approximate. It's just an approximate in the same way that if you go and ask the
building department for like a plan of your lot lot lines are not definitive. And so we just went out. We knew there was wetland at the back. That's what we could see. Um and and that was as far as we went with the conversation >> and just said that it would need to come
before us before anything was done. >> And other than that, we just knew like we were receiving calls and we knew that there was a notice of intent coming. >> Mike Shet uh 56 Nelson Street on the house of Butts Cross Street. Um my
question is about the Naweed like in about a month you will not be able to walk through there by how thick it is. So what are you going to do for that? And also with the cross street situation that you mentioned, Tom, how does that affect my property, everything
altogether? >> So can I address them >> or do you guys want to >> um Elizabeth your call? >> I mean the cross street sure go ahead and answer that and then we'll get back to the note. So Cross Street, if you
want to look here, was maintained. That was part of the >> Jod and Mark maintained it. >> Oh, no, no. I'm saying it was um as I mentioned to them when we went in front of Bill, the building commissioner for
the setback. It was agreed to treat it as a See how it has the same frontage as what we're off the front road. So >> you're going to go from the side across street on my side. >> Nope. >> Okay. on our side. >> Okay. >> So, and that's what I explained as Mr.
O'Brien said, a lot of times if a road is a paper straight, Ted can assert ownership to the center line. You can assert ownership to see your stakes. It's pretty close to the cross street. Now, I don't know if that means that's where you're building, but it's
definitely not 25 ft away. >> Nope. Uh the stakes you may be seeing are marking the pins. >> Oh, okay. Um, we haven't staked the house out yet pending our visit and we wanted to wait till this discussion to know because now I can move the wall. I
can stake the wall 28 ft or wherever we talk about so everyone can physically see it in the field. You'll see when we stake the house >> I can see everything. I mean you you opened it all up. When >> when we stake the house, we'll
physically stake the corners >> so you'll know where it is. A lot of times in construction, you stake an offset >> and it looks >> you'll look at what are they building >> on the buffer or actually it's not it's not in the >> but your street is being maintained your
actually the average setback. We're looking to use your setback to look at our house which is legal >> but ultimately we agreed on the 25. So you're actually gaining separation >> pursuit zone.
>> Oh yeah. >> Well, not as much of separation as I had previously. >> No, nobody >> I get it. Nobody Nobody likes a new utility. >> Don't tell me I'm gaining, you know, space. It's better than all of our stuff. >> It could be, I guess, is what we're
saying. >> Other than the alternative, >> better than the worst case scenario. I got >> Exactly. >> You want to close it though, right? But we deal, it's unfortunate because the commission hears it. We deal with it every meeting. Nobody likes anything new next door.
>> Nobody likes uh utility pool in front of them to come up with a definitive. >> So guess it would have just been common courtesy where I had tree guys on my property tearing up my yard. Things like that would have been nice. >> No, I understand.
question. >> Another >> That's fine. Go ahead. >> Um, who uh approved taking down all the the trees and >> it came out that it wasn't an approval. It was done in error. >> It was done in error.
>> That's why I'd like to find out who you hired. If it's a if it's a major tree company. >> Yeah, we it didn't it didn't come before us. We did not approve. >> Okay. So, we we think we think it's um we we called you um a lot. >> I came in person.
>> You said that you were going to go to the lot. We all actually go to the lot. Y quite a few times. I've been out there. >> It was um and he's a wonderful person and a great family, but I think it was uh I'm pretty sure that you know it was
the Charberg family. Okay. >> We also know that they're on the commission for conservation. We all know this. No one wants to say it. We don't want a dead cat in the mailbox, but we all know that this is going on. This
those those trees that lot should have never been cleared up. We'll find out who did it. We >> none of you saw who did it. Any equipment >> truck, but I didn't get the names on the truck. I didn't >> That's not Turnberg. >> That's not Turnber. >> Now that we have to do kind of a post
investigation after the trees were taken down. So that's already that if we find that, you know, if we know they were taken down in error before anything was approved. So if we find that that was not an environmentally sound decision,
>> we will have So we actually have remediation that we would do and we would require um native plantings to replace those trees. It would be part of our plan if we approve everything. Yeah, it's part of the process. >> Oh, we made for that. >> No, it's okay. If you're going to ask a question, please come forward. >> Um
>> hi, my name is Alexis Carney. I live at two street. >> It's okay. Um I live ac across the street from where the um property is. Um >> I just want to state that it wasn't just like one or two trees. >> Oh no, we have pictures. We know. Yeah,
we >> I just want to make that clear like that lot was beautiful and now it's gone. >> John's wife. >> I am John's wife. >> Nice to meet you. >> Nice to meet you. >> Good. Going to have a picnic down there.
We can propose mitigation and plantings um as well as you spoke of, you know. >> Yeah, we'll we we'll we'll do some investigating. We need to know who did it and we'll we'll >> we will then do a site visit. We're
going to require some things we've done before we you come before us again. Um and probably the entire commission will go out on a site visit, but there will be there will have to be a restoration plan as part of it to replace
>> um everything that was taken down um without permission. >> Um Tom, if you want to make a motion to continue with a definitive list of things we >> Yeah, we can do that. Um, >> I make a motion to continue the public
hearing with the >> Let's talk about the list first before we continue. >> I can't roll it all into one. >> Know exactly what first. >> Yeah, before we >> before we continue it. Yeah. >> Okay. I didn't I didn't know that we were wrapping up. >> That's okay.
>> Questions. Um, I respect your investment. I know that you want to do what's right and build properly with the right environmental approvals. Um, so once an environmental scientist does completely survey the property, really really sink his teeth into the buffer
zone between the wetland and the property line and all of the proposals when it comes to sewage, when it comes to runoff. Um, when will those findings be posted? How can we access those?
I mean once they're once we get everything that we're asking for and it's submitted to us >> on the website same way >> the website part of whatever the agenda because when we tried to download this you send us letters and they had no pixels then I couldn't see any of
>> you have any issues just call my office >> yeah just call just call Alex you're going to follow up not like last >> there's some there's some new material here that will I assume go up on as part of the NOI Alex like there's stuff in this packet that wasn't I don't think. >> Right. Yeah. And the new material goes up. Yeah. Sure.
>> So on behalf of the neighborhood, we have great grave concerns about the displacement. I mean, not less than 6 months ago, a bear was in the property. I mean, this is a very congested neighborhood. Um, raccoons come from, you know, I was standing with my mother under
>> it was countless countless deer, >> you know. So, there is a ton a ton of wildlife displacement that's going to be in everybody's trash cans and it's going to be in the middle of the road dead, all that. Um, so that's a huge huge concern. It's a huge concern how everything has been greenlighted before
approved, you know, so that, you know, that really distresses the entire neighborhood. >> You know, somebody just came in and just wiped it all out, >> right? But we didn't approve anything, though. So, let let's be clear. We did not know about the trees. Did not come before us. There was never permission
asked of conservation to cut those trees. >> We called Alex the day they were cutting down and I remember he told me specifically they are allowed to cut down trees if property they can cut it down >> if they're not in the buffer zone >> and with and are less than 3 in wide. That's >> according to GIS they're not in the
buffer zone. >> We have pictures of what they cut. Yes, we know. We have pictures but >> I can give you these plans. >> There are rules of things they can do. I live in a wetland too. >> And there are things you can do and things you can't do. This line here, >> the whole properties that goes across >> that be so.
>> Yeah. So the trees were supposed the tree there. >> So when you say buffer, is that the buffer to what is protected as wetland or is that on our side? >> Protected on our side of the property.
>> So your mother to the back >> on your plot. >> Exactly. See how it This is the property line here. So, see where it's blue? >> That's the banks of the stream. >> And another concern that I have is, you know, all of this water runoff. I appreciated the the information about
the the sway and the water flow. When water really rises back there, it goes behind my mother's and there's a serious erosion problem because it goes down. as that water rises up, it's it's become
very very concave, you know, and that that makes me very nervous because eventually it's going to creep closer and closer to her house. >> So, that's a concern. >> But if it's right in back of us and not pointing fingers at anyone, but that
would be an a upstream issue because what's happening here doesn't immediately affect here. You know what I mean? the water has to surge and >> so these are natural occurrences and >> that is not necessarily >> somebody could be doing something upstream.
>> Something I appreciate because it was another extreme concern is having a driveway along the side of the house you know oil runoff and gas runoff any type of car issues leaking into that wetland is an extreme it's something that people aren't going to monitor on a daily basis
but it's an extreme concern when it comes to that property. So, I I do appreciate that there would be a garage and the driveway would go into the house >> and the benefit is it slips to the street as well.
>> Street the driveway is not a similar to everyone. So, >> if anything was ever to happen, it's not coming around the site. It's treated. There's a hydrant. >> It could be like a small >> Yeah, I'd have to go look. I don't I don't sort >> a wall area.
>> Time to >> You're gonna >> That's a lot of bringing in. >> Excuse me. >> So, we're going to we're going to need to cut this and because we got we have questions we need answered as a commission before we can even consider anything. >> So, you guys are welcome to come back to the continuation of the public hearing
what'sended next, which probably be will probably be a month from now because there's a lot that we're asking of them to come back to us with. And then we're going to do a site visit and it'll all you'll all be notified. It'll be in the agenda. You're welcome to come back to the next meeting. Um we should have more information then too.
>> And I do I mean I want to thank all of you for putting your time and energy into this because it is very important to us. We really appreciate it. >> Did you just remind me of your name for the record? >> My name is Allison Ziegler. >> Okay. Thank you. >> My mother's property, she's Jan Ziggler. She's 74 Nelson. >> Nelson. Okay.
>> So her property runs along the back of all of the houses there. >> Okay. So would you like me to read? >> Yes. >> All right, please. That's our list. >> All right. So
before we move to continue this hearing, we need implementation of a legend on plans topography change with narrative describing the impact on site. I'm sure Alex can provide copies of this. So I'm just going to >> Yeah, I was going to say if you're reading off it >> and the topography I think is what we
talked about just getting that on the plan. >> Yeah, I'll generate a profile. >> Yeah. >> Information on the foundation on of the home and deck fill is being used information on the source of said fill. And I would add to that, Alex, uh composition or consistency. Any new
steps? >> Yeah. >> Slashpass behind the house. >> This information has not been supplied. The commissioners can consider granting a one-mon continuance. We'll get to that. Um, commission has the right to ask for information such as the above. Is it
pertinent to this application needed to be fully and needed to fully understand this application? Clear and permanent limit of work with monument should be considered for this project. The >> blue line, >> isn't it the stream right here? >> I would say that that may be the wall,
but under its current >> ask if that could be the wall. But under its current ownership, parcel has been subject to extensive tree clearing in 2025 without any permit to do. So bring >> Yeah, we need to know who who who cut down the >> Yeah, we'd like to know, Alex, you
allowed that. >> Yep. >> We would like to know who cut the the trees down. Um you you're responsible for the test borings. >> Yes. I I'll give you guys the borings. >> Okay. >> Um >> but the site was cleared for the record when I was there. That's
>> still within the section. We know that too. All right. Under its current ownership, this parcel has been subject to extensive treat. Mitigation plans of trees and shrubs are crucial for the preservation of the resource area and its buffer. Once all requested information has been received
and presented, the commission should schedule and attend a site visit prior to approval. This application notes a treatment with Japanese not herbicide by a qualified applicator. more information on target areas subject to herbicide treatment should be supplied and specified on plans.
>> So that's so yes. So just we want to know exactly where you were looking to treat the Japanese snotweed like what section. So if you can mark it out before we go there you put on a plan just so we can see exactly on the property where it is that you were considering doing that. >> Yeah, that's fine. >> Identify the as well.
>> Yeah. And the herbicide that was recommended or that you were considering using. >> Yes. So special conditions included for the herbicide treatment of Japanese knwood to handle that separately. I think this condition should also include >> Oh yeah. >> Um the areas being approved for
treatment should be specified. Herbicide cannot be applied by a qualified applicator. Applying herbicide in jurisdictional areas can only occur while the order is valid. Um yeah that the last part I think we'll deal with separately
>> part of the order of conditions I think approved. >> Yeah. I'm not sure the right way to say it, but I would just add, you know, survey of the native plants on the site so that we know sort of what um >> is there a narrative that explains what was like in the wetlands like what was
found like what the presence of did I miss those pages? >> We do typically see that >> we typically list >> I normally always put it >> I could have just missed it because I see a section on that rare species.
Yeah, I've got wetland resources. >> I didn't spell it out. I will. I'll give you guys my um delineation forms. >> Okay, that'd be perfect. Yes, that'd be very helpful. Thank you. >> So, if anybody like a copy of this what we're requesting, Alex will be able to
provide that. Um >> it's written up copy of the notice. I've got an extra one. So Elizabeth, if you want a motion, >> let's make a Yeah. Make a motive. Make a motion to please the public hearing to what's our It's a month from now. The
next >> mentioned you might be out. Our next meeting is the 25th. Is that conflict with you? >> No, I'm I'm back. >> The 25th of what? >> March. >> When do you want to do the second? >> I thought we were pushing it a month. >> I would push it a month. >> Yeah. You want to go further than that?
There's April 8th >> or there's April 22nd. >> April 22nd. >> There you go. 8th mind. >> April 22nd. >> And when do you want >> Is that okay? April 22nd. >> Is there any chance to do the 8th or No. >> Why are you saying >> we could do the eth? That's maybe. >> Yeah. If you guys wouldn't mind you want
to do Okay. >> Yeah, we can do the eth. Yeah. >> Is it And this is the date we're going out. >> Okay. I'll make a motion. >> No, that's when it'll be back on the agenda, but we'll make the site visit after we get all this stuff. Okay. >> Yeah. And >> I'll make a motion we continue the public hearing until April 8th
>> conservation meeting. All those in favor? I >> Okay. And one question for the commission. The plan's getting really busy. I admit it. Do you guys Are you guys adverse if I start putting them to a D size sheet or because some commissions prefer
>> make them as big as you want >> just for ease of >> Absolutely. You like the bigger ones? >> The bigger the better. >> Okay. I'll do both. I'll And then I'll >> So the bigger the better. >> Okay. That way I can put more information on
the one cheap make it much easier for us >> up to you about that >> about the weather. I'm just thinking >> long as it's dry. >> Do we want to schedule a site visit for before that meeting? >> If we want to go do we want to go do we
want to go day of just before? >> Perfect. >> Does that work? >> Yeah. >> You want to do that? >> Okay. What time do you thinking? Can we do five o'clock on the ETH? >> Yeah, I'll make it work. >> These will probably be here at 6. >> Yes. >> Yeah. >> Y Okay, perfect. >> Okay. April 8th. What time?
>> 5:00. >> 5:00. >> Can you send a calendar invite to those of us that >> I'm going to need it to >> email? >> What don't you have carrier pigeons? >> The house. >> I mean, what? >> We do, but I don't have any person. >> I'll double check and I'll add it to the
calendar. >> What's a rain date if it's pouring out? the rain day. >> We can reschedule that be. >> Yeah. If it's going to rain if it's going to rain that day, we can we can connect and here in the week. >> Yeah. >> Just we'll watch the weather. I mean, it
is New England, so you know. >> Fortunately, the snow's gone. I hope. Right. >> I come. >> Yeah. >> I get lost in the woods. >> Don't think you're going to get lost here. >> God, I hope not.
>> You're going to be doing April 8th. Yeah. 6 p.m. >> 5 p.m. >> 5 p.m. >> Oh, well 5 p.m. is going to be our site visit. >> 5 p.m. is our site visit. >> 6 p.m. here. Yeah. >> Yeah. It's 6 o'clock. Yep. >> Are you going to be able to get um the
updates in advance of that meeting? >> Yeah, I'll make sure I have them in your hands. I'll I'll shoot for two weeks prior. >> Okay. Okay. >> That's >> That's perfect. Yeah. >> Ideal. >> Yep. >> All right. The next item on the agenda, project. >> Thanks to everyone for your time.
>> Thank you, >> Alex. I don't know. Is this to sign in? I signed. >> Yeah. >> Oh, that's perfect. Thank you. >> Thank you. >> Thank you, guys. Thank you. >> There we go. 2025-01 stream alteration at 633 to
759 Summers Road. This is the That's the they built that for the sheep farmer. >> Yes. >> I thought I thought he was coming for us or uh what >> I so I have an update I'll give you. >> Thank you. >> Um
>> so we sent a final notice to him on 10:24 2025. So it's been a while. >> Okay. >> Uh we requested you hire a consultant by December 10th. The last email we got from um not the owner, but Ryan, the guy he's working with, uh was Yeah, I know.
Uh December 8th. Yeah, Proenture. December 8th, he said they were potentially hiring Birkshere. Um and we haven't heard anything >> since. Okay. >> So, um >> this is on town property.
>> No, no, no. We determined um the the DPW had uh delineated that incorrectly. It's not on town property. >> It's on his property. >> It is on his property, but it is a stream a new stream crossing >> on his property that was done without permits. >> Clearing, >> right? It's been a while. I know.
>> Um, >> okay. >> Right. >> Uh, >> and I this has been going on for >> What are our options at this point with this? I mean, are do we I mean, we need him to hire somebody and to come before
us, right? I mean that's >> yeah I think the reality of the expense is probably sinking in and that might be >> it's going to be expensive. >> I mean whether to fix put it back to the way it was or or to move forward with it is >> so what do we do? >> We've already done that like many times
>> avoiding the deadlines. Um, >> so I don't know. I mean, if you want to give him if we want to send another letter or if we want to send another ticket or or what other paths you want to explore, but um it's been a long time and >> I need something. >> Yeah. Just
>> nothing's materialized. It's been more than a year. >> I mean, is this another port of road situation? >> Yeah, it's kind of starting to >> I'm lo to impose fines on >> I know. Me, too. >> I know. Um, can we send a letter saying that if we
if we don't hear from them >> by a certain date, then we will start imposing fines. >> The board will consider imposing fines. >> Yeah. Can we do that? >> Okay. Um, >> and can we send it to him and copy? >> I'll email it to Preventure and that way it gets to him. It has to go certified
mail to >> and that's totally cool. But as long as he gets a copy so he knows like, hey, FYI, we sent this out. >> Okay. Um, so let's see. We're on what the 11th now. Um, being that he's known about this for more than a year, how what do we want to give him for time?
>> Next meeting. >> Two weeks. >> Yeah. By the 25th before us by the 25th. >> So, he need we need to have in what exactly do you want by the 25th? A nominated consultant or for him to attend or >> his presence would be nice. >> Yeah. And the status of this project
>> attend or have like that he's hired somebody. I would say both or both. Yeah. That's >> and the March 25th maybe. >> Well, 2 weeks is kind of tight given you got to give them a certified letter. >> Yeah, it'll give him about a week's notice, >> right? That's >> it's been over a year.
>> This is true. >> Yeah. >> I'm >> Yeah, >> that's >> okay. So, attend 325 meeting and hire a consultant by that time. >> Just a second. >> Yeah, you're good. >> Sorry. >> No, you're good. You're good, Alex.
You're good. Okay, >> that is it for that one. >> So, it's just >> just >> planning and community development department staff reports. >> So, um like we kind of kind of discussed uh I followed up on 30 violin with the
um the drainage from the house, the new gutter system. Um it goes down the side of her house under her deck and dumps directly into the wetland. And there's actually an eroded groove. So that that is it's not off to the right and there's
no dissipator. It's just a pipe. I'm going to send pictures in the uh via email. We just went I just went out with the building commissioner, but I just wanted you to know. Uh we did ask for that to be included in the restoration plan to get that addressed. Um but I did follow up and I just wanted
you to know. >> What does she have to say about the trees? Um, >> we haven't >> we don't have any additional I have more photos that I have on the tablet ready to go for you. Um, because I just went out. Um, but we uh I don't have any she didn't supply any additional information
on who cut the trees. >> She doesn't tell us who the landscaper was. That's why. >> All I can do is ask. So, >> crook. >> Um, that's kind of where we're at. But at least all of that is encompassed within what we requested of her. Um, I
do know she hasn't hired anybody yet. Um, which is fine. I think we're we're within the deadline, but um, >> we're Yeah, >> but uh, yeah, I didn't aside from just some more pictures which I'll be sending out and specifically that I don't really
have anything else new. >> All right. >> So, where is this? Is she coming back before us? >> She has until What's the date to hire? >> I don't have the copy of the of the We gave her a certain amount of time. She has she has more time before she's tired. >> She's going to come back. I believe she
comes back with a plan. >> Yeah, she's come back with the plan that the >> and then we would go back out. >> I think that's where we kind of have it in the order in enforcement order. >> So, yeah. >> Yeah. She has to have that in April. >> I think it's April. That's because she
couldn't do anything anyway until >> Yep. >> is not fro anymore. >> All right. >> Is that it? Yep. It's >> uh next item on the agenda is adjournment. >> I'll make a motion to adjurnn. >> Second. All those in
>> favor I