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Video-1: youtube.com/watch?v=VkoowFIVSiI

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Recording in progress. >> I will call to order the Wednesday, July 22nd, 2026 Conservation Commission meeting at 6:00 p.m. In attendance, Anthony Zampachini, Elizabeth Stoughton, Jason Gumbert, and Megan Logan. Our first order of business is the approval of minutes.

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And I need a motion to continue these to the next meeting, please. >> Uh motion to continue the approval of minutes for May 13th, 2026 to Do we need a date for the next meeting? For what? Uh the 12th. Oh oh yeah. Do I

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need to do two two motions? >> No, you can do them both together. >> Okay. So, I'll make a I'll amend my motion. I'll make a motion to approve to continue the approval of minutes for May 13th, 2026 and July 8th, 2026 to our next meeting on >> 12th.

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>> July August August 12th, 2026. >> Second. >> All those in favor? >> I. >> I. >> Okay. Motion passes. Uh notice of intent, NOI 2026-02, notice of intent at 26 Orange Street, Assessors' Parcel ID 2C-50-1 for the construction of an addition to a

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single-family home subject to the Wetlands Protection Act, 310 CMR 10, and local wetlands bylaws, Chapter 424 Wetlands Protection. Applicant, Michael Tammy, 26 Orange Street, East Longmeadow, MA 01028. >> Good evening, everybody. I'm Steve Robidoux for the records, doing the

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wetlands side of this. I am the owner, Michael Tammy. I know contracted me to kind of get them through his notice of intent. Um so, the site, this is Orange Street. Um this is the last house on the street. There's an existing house here. Um this is [clears throat] the wetland. There's

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an intermittent stream off this property on the western side, and then it kind of flows down around here. Down in here, it's more of a BVW type system. And then that ultimately flows into the Pecousic Brook, which is located off site. Um the

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brook obviously perennial, protected riverfront area. You know, I looked at it. I was one of Mark Stenson's comments, So, I had a good idea where the bank is. I used LiDAR to figure out where the bank was. Give it to the surveyors so he can project the riverfront area into the site. So, between the wetland and the mainstream,

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the wetland and the riverfront, you know, the site's obviously got a lot of jurisdiction on it. Some history that you guys know, it's he wants to do an addition to the house. So, they started it without a permit. Um so, he started demolishing the existing deck in the back. You guys gave him a stop work order.

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Did everything right. Contacted me. Contacted, you know, his surveyor and everything. We got plans together to put everything together for this filing. Um but some of that, the existing deck that's out there was demolished. It was in the riverfront area. So, what he wants to do is basically propose an

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addition to the house, a new like an additional bedroom and a bathroom. Um there's an existing deck here now. So, all the addition is going where the deck is. Um and then he wanted to demolish some of the deck here and then maybe rebuild some more of the deck in the front just to have, you know, rear

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access to the to the area. Um everything that's going to be done here, they'll demolish the old deck, but everything's going to be on helical piles. So, it's not going to be really a foundation that's dug in the ground. They're just going to screw in piers. So, it's minimal amount of ground disturbance to put anything in. So,

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we're going to show silt fence around that area just to, you know, make sure nothing can migrate off. Um you know, give them a little bit of work area here in the lawn. So, silt fence, they'll demolish the deck. Build the the new addition onto the existing house.

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Um finish demolishing the deck, add a new deck out of the out of the side of the house. A portion of this deck is in the riverfront. So, the current deck was, too. But, between the demolition of the old one and the addition, it's about 95 ft of increased

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deck area in the riverfront between the old and the new. Um so, when I was in the field with Alex last week, we kind of worked on it just to figure out the best place to put some mitigation out there for that. I did purposely didn't put it in the NOI cuz I wanted to ask you guys about it first.

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I was something that you'd be willing to And we found this area. It's not on this plan, but it's on the supplemental information I put in, but there was a There's a lawn area over here outside the fence. It's just like grass and you know, the owner's fine with me planting it and converting it back into

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natural you know, riverfront area where we can plant things. Put together a little planting plan to kind of restore some lawn areas here to riverfront area. Um a lot of already degraded on site. So, he's already over his 10% for the for

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the lot, so we have to put it back. >> Yep. >> additional encroachment to riverfront area. Um That's essentially it. It's a fairly straightforward project. It's all within existing back areas of the back of the house.

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We got some comments from DEP or responded to those, Alex, so I can kind of go over those or we can I'll let you guys kind of address them, but it's mostly One of the things Mark found out there's an open order on the site, so there's an old >> You see that, yeah. >> what it was for. There were some files that were lost, but it was never closed

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out. So, I put together a you know, a close out for that, so we can probably get that done, too. And then I answered Mark's comments, but Other than that, I think it's pretty straightforward. going on out here.

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>> Did we do Did Alex Did we put together the order of the certificate of compliance? >> It'll be on for the next agenda. Yeah. >> Okay. Yeah, that's should be fine. I mean, I heard the whole story that there's no files anywhere. >> [laughter] >> Alex did his digging. >> That's That's That's uh sadly typical

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for that year. Um oh, okay. I see. So, this is this is the restoration area over here back here in the back of the house. >> Yeah, yeah. I I put it on the aerial. Maybe if you guys want to condition that it goes onto the plan side I can give it to the surveyor he can take five. Because that fence line wasn't on here so I didn't

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But it's on the aerial photo it's very clear. >> Yeah. >> There's a There's I think it was a barbary that already growing out there. So you don't take the barbary out and >> Okay. >> put in native plants. >> Got it. I have any questions. >> No. Um I thought the

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the additional conditioning and um Oh no. No, never mind. Yeah, no questions. >> Does anybody in the audience have any questions for this project? Great. Um So the regular Just our standard

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conditions. Where did I put that page? >> Well, there's one Oh, sorry. You had noted one. I think Alex maybe >> I put something >> site visit of uh of grass clippings >> Yes. >> were found in multiple locations and the commission should uh Did her own project back. >> This one is correct. >> I think makes sense.

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So that would be one special condition for redundancy. I think it might have been in the in the NOI mentioned that. >> Yeah, we talked we talked to the land owner about that when we were on >> Right. >> Okay. >> But just for uh yeah, just to have it have it noted. And >> [clears throat] >> Now, do we need to read all of these

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into or can we just say our standard special conditions? >> I would I would read them. >> Okay. We want >> want to close the public hearing and then you can you can >> We don't want to close the public

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>> List them out. >> Well, no. I think we're >> Unless you're still asking questions. >> Yeah. I don't I don't have any other questions. Do you have more questions for Steve? >> That's right. >> Okay. Alan's tuning a motion to close the public hearing. >> So moved. >> Second. >> All those in favor? >> Aye.

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>> Aye. Um so to the board, do we want all 10 of our special conditions? Are there any that we want They're all permanent, aren't they? >> Most likely, unless six is a question. That's about it.

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Cuz you didn't You didn't impose a >> No, we didn't. So, we would not put six in there. And then monuments. Okay. These are permanent monuments that are already on here. Mhm. They're already a permanent monument

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that's already on. Is there already a permanent monument that's already on? >> Like stake out field? >> Is it out there? >> It's no monument. We didn't >> No monument. Okay. We have a >> That's why I don't think that really >> We probably don't want five either then. Right? Cuz we don't have >> That another permanent >> Permanent monument of work, yeah. And

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then Yeah, so we don't want that one. So, not that one. That one. And we're not doing any filling or grading. >> No. >> No. So, that's not that one either. Okay. I have a copy of that. Do you have a copy of this one? I don't

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>> No, I don't. Okay. >> I don't have I don't have the copy. >> You don't have a copy either? >> I don't have a copy. >> Okay, so >> That's from our No, that's from our like actual template file, so. >> Right. So, we take out If you guys want to read these, take out three, four, five, and six. They don't think those

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apply. I'll just quickly see if any other ones don't apply. >> Three kind of uh normal for this uh >> I don't have these memorized, Boundary. >> No, they're not doing they're not doing any grading or anything. So, >> four grading or anything. >> Yeah, there's no they're not doing any of that. So, that's not really relevant

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for them. >> Is there anything on the back? >> Mhm. Alex, can we get more copies though? Keep on hand the template for me to >> Yeah, yeah. >> Got it. >> I think I might actually have one more. >> We have real quick limit of work line. >> No, there isn't and there's building an

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addition. They're not doing anything yet. >> Oh, oh, oh, oh, oh. Yeah. There's a second one here. >> But that's [clears throat] the last one I got. >> Okay. >> Good thing. >> Yeah, just there's you guys can share that copy. Um so, then we need

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I I guess I'm just going to read off the numbers that we're including and then cuz it's a lot of words. >> [laughter] >> And then there's we you there are standard special conditions that I we can give you a copy afterwards. >> All right, yeah. >> All right, um

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I will entertain a motion to approve NOI 2026 route two. >> Did you have another There was one other special condition? I >> Yes, I'm going to read it into it. Yeah. >> Okay. >> I'll read off which ones we're including and the special one. Um with the following special conditions, um these are standard from

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our our conditions. Uh condition number one, number two, number seven, number eight, number nine, and number 10, and then one additional special condition that any grass clippings that are sitting there that were dumped prior

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should uh be removed by hands. And and just let us know when the site is ready for us to view, and we will come and take a look. I have my motion. >> Huh? >> So, moved. >> So, so moved.

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Uh before I decide Do we need to um issue a certificate of compliance on the 2026 >> Yeah, that's the one that has the open certificate of compliance, but um it's not recorded. It's not a huge deal, but it needs to be issued. We can we can

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I guess it close the public hearing, resend that, and then and then we >> Well, we're but we already said we're going to do it next meeting, right? Didn't we just >> We are going to do it the next meeting, but we should probably resend that, and just like you have everything here. He doesn't need to come back. And then just approve both of them simultaneously

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the next meeting. Like there'll be the certificate of compliance, and then the next >> I shall just I'll make a new motion. >> Like so you won't need to come back. >> Okay. >> I think that's the procedure I got. >> Right. >> Okay. >> So, we need a motion to resend the closing of the public hearing. >> Yeah. Uh motion motion to resend the closing

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of the public hearing for NOI 2026-02. >> Second. >> All those in favor. >> I. >> Okay. So, now I need to >> We have the special conditions. >> Yep, and we're going to approve the >> Continue. Continue it to the end of the uh to the uh first meeting in August. >> Okay.

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>> So, that's going to be 12th, yeah. >> All right. Yes. >> So, motion to continue the public hearing um to August 12 uh for NOI - 2026-02 to August 12, 2026. >> Second.

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>> All those in favor. >> I. right. >> Okay. Now, do we need to go over the conditions again or just leave it? We're good. >> We're good. And everything's all set so you won't need to come back. We'll just clear up. >> ratify it and approve the the order the

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certificate of compliance for you. Thank you. Next is NOI 2026-03, Notice of Intent at 167 Peas Road, Assessor's Parcel ID 55-15-7C, for residential site improvements subject to the Wetlands Protection Act

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310 CMR 10 and local wetland bylaws Chapter 424 Wetland Protection. Applicant Randall Fair. >> Yes. >> Okay. 167 Peas Road, East Longmeadow, MA 01028. >> Is he here? >> No, Randall's not here. >> He's not here. Okay.

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>> If you want to take we can take the agenda out of order and give him more time. He's on Zoom. >> Oh, okay. Okay, great. Sweet. Awesome. Do we have Do we have full size plans for that or no? >> Yes. Yes. >> Hello everyone. Everyone know if Randall can hear me?

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>> Yes, we can hear you. >> I'm going to share my screen. We had a site visit last week. Pretty straightforward. There is Uh here's the existing And then on Um The Um Driving for this project.

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There is site pretty evident the empty So everything drainage roof leaders Um Um >> some of the improvements right there

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extend the wall wall right the silt silt fence outside of the 100-ft So, no issues issues there. 100-ft buffer but almost almost to the final count everything from the front of the house to the to the rear rear of the building

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Um did review master They asked about dividing but it has to be in Uh due to the house already being built the buffer redevelopment

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new construction Uh keeping with TP here the building setback limit with direction condition condition occurred and Randy to you

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increase the capacity and serviceability to this property believing believing Um enjoying So, happy to answer any questions. >> No, I don't have any questions, Ryan.

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Thank you for moving that um that panel back to be without you know, within that um that 30 ft that we operate in. So, I appreciate that. >> Sure. >> Do you guys have any questions? >> So, how do we how do we read the 30-ft uh

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order on the soil for the solar array? >> it back. >> Yeah, but like where like if I'm looking at the map, like how do I see 30 ft uh in terms of You know what I mean? Cuz I see I see 13.4 ft to the silt fence from the edge of the if I'm looking at the right spot

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for the solar array. >> Yep, so existing fence It's hard to see, but these are gray lines lines and circles right here depicting the existing fence. So, that exists

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but our our proposed work is existing fence. >> Okay. >> Yeah, that was already existing. >> Right, right. >> So, instead of jogging it out like they were going to, they kept it within the current footprint. >> Okay, understood. >> Yep. >> That was not

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>> is the not this is not the most updated one cuz this is 13.4. Yes, this is this is the fence and they were going to push the fence out, but they're not now. So, keeping it within the current footprint. >> Oh, wow. >> Yeah. >> The 30-ft limit is for newer for for any

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new changes. >> Is it any is is it's the >> development >> development, yeah. Yep. >> All right. >> Cool. >> I don't have any other >> Do you have any questions? >> Mhm. >> Anybody in the audience have questions about this project?

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I will entertain a motion to close the public hearing for NOI 2026-03. >> So moved. >> All those in favor? >> I. >> I. >> Who sec- So, who who moved? >> Seconded. >> I second it. >> Okay. >> Tony moved it. Tony moved it. All right, so

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I think we can just include our standard but our standard special conditions. Do you have any other extras you want to add? >> Oh. I don't know much. >> Nope. >> Do you want We didn't enforce any like I don't know if those if five and

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>> This is it's the sig- it's the >> Did they apply? I don't know how I I don't remember how they read exactly. I think they don't. >> That's already there, right? Permit or one or the other. >> We don't have any monuments going up and we don't have like a landmark. >> Nope. >> Unless you want to treat the silt fence as that. >> No, I don't think so.

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So, I think we can take out I'll deal with that five and six. All right. I >> Got to read the num- list the numbers off at least. >> Yep, I will. I will entertain a motion to approve NOI 2026/03 notice of intent for 167 Pease Road with

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the special conditions um from our standard list of number one, number two, number three, number four, number seven, eight, nine, and 10. >> So moved. >> Second. >> All those in favor?

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>> Aye. >> Aye. >> Okay. Set. >> Thank you, everyone. >> Thank you, Ryan. >> Thanks. >> Thank you. >> Thank you. >> All right. Next is Oh, let me roll this up first.

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>> And I've got his updated plan. >> Yep. >> [applause] >> Oh, you know what? Can we sign >> Oh, you want me to sign it? Yep. >> This is your sheet flower. >> Yep. >> Thanks, Connie. >> Swap that. Yeah. These are all set.

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>> I've got additional copies if you need any. >> You guys want to put one that way up here so we can all share this one? So that we can all see it. Okay. >> Thank you. >> You're welcome. >> You got a magnifying >> I don't have magnifying glasses.

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You forgot your glasses again? Woah. >> I can't read it now. >> You can Tell them not to see me yet. Just back to fight. I don't like the way they look at me. Just go. Yeah. We're so close.

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I can't. >> My ears are burning. >> Okay, next is NOI 2026 S-01. Notice of Intent 0 Nelson Street, Assessor's Parcel ID 2C-45-299 for the construction of a single family home subject to the Wetlands Protection

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Act 310 CMR 10 and local wetland bylaws Chapter 424 Wetlands Protection. Applicant Ted Bukowski, 1307 Tecom Road, Wilbraham, Mass 01095. This is continued from our July 8th, 2026 meeting. >> Good evening. >> How are you?

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>> Hello. Nice to see everyone again. >> You, too. >> So, as you may know, we were out there for a Well, Steve acted as the town's consultant to confirm the boundary. Uh we did adjust the finger-like feature that I forgot the other board member's

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name. O'Brien's is last name. >> Tom. >> So, we agreed to the feature because we could argue it either way if you guys were on site. Pointed it out to Miss Logan. You know, the soils were very marginal, but we gave it in cooperation to the

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commission. Uh within the finger-like extension, I'm not sure the board's experience with it or Alex, the There are provisions in the code. I sent an email that there I don't want to say they're ignored, but they're not treated

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as the dominant feature of the wetland. Right because they're an abnormality to the wetland. The main wetland feature within Steve's note and ours is the lineal path along the stream corridor. That's what we're protecting.

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Um we still moved the features to protect the finger-like feature, if you would. I believe it was 340 sq ft. I put that in the email as well. In totality.

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Within it, we could >> [clears throat] >> Our proposal to the commission is to leave the application as it was submitted. We felt that due to the mitigation and the replication in that area, it's much more functional than protecting it and moving everything

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out because if anyone's been by the site, it's just loaded with knotweed. It's very invasive species. It's almost a scenario it's best to clear-cut it and try to maintain it through mitigation. The plan that we

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gave this commission two meetings ago. The I'm just hitting some of the notes that I wanted to touch on that. Yeah, mitigation area makes the finger issue much more functionally resolved.

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So, essentially, if you look at the site plan, we have dealt with I believe every scenario we can. Um just to recap through this we approached

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building department on a waiver facts. described Um William, your inspector at the time, didn't feel comfortable accepting that. So, we held the parcel as tight as we could to the offsets. So, it's

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the furthest away it possibly can be. Uh we demonstrated that through the filing with the building department. Within that, we introduced the retaining wall to try to lessen any grading activities within the buffer zone.

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We held that, and it has been adjusted to the email. We're holding the face of that wall 30 ft from the identified buffer zone. So, that would be you know, we'll have slight temporary alteration. That's why you see my silt fence in the

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But, we're also proposing mitigation in the back and replication due to the previous clearing activity. So, there will be work within that buffer. Uh but, I believe the consensus of the commission was we all agreed to it in general concept.

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The Uh what else do we have within this site? >> The only thing >> that we subjected with the peer review. We confirmed with the delineation, like I mentioned, it hasn't changed other than that.

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The finger lake extension. The erosion controls, retaining wall, the mitigation enhanced area. We feel with this current proposal, it's the most appropriate development for this site for single family use and environmentally.

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Um Within that, we would open to any questions or comments of the commission. >> Yeah, go ahead. Go ahead with your question. >> The retaining wall. >> Mhm. >> My big concern is the the strength and durability. >> Building [clears throat] department. >> Yeah. >> Building department. That's building department.

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>> Yeah, that's not us. >> Sorry. Yeah. >> No, but I could address it. We're We do structural engineering all the time. Uh we do have submitted plans to the building department. I believe I copied the commission early on in those plans. Um

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With the walls that were the current wall that we're proposing is um like the mafia blocks of like they're a 2x4 foot concrete block essentially. But within this, we they refer to it as a deadman when you bury a block and you tie the

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string into them. So, we're very confident in this wall for this location. It's a segmented retaining wall and feature plenty of drainage behind it. And our fill heights are not great. I mean, we're talking

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5 and 1/2 ft on one location, probably at the highest 6 ft, 6 and 1/2 down to zero. But that is a building department issue that um I'm not sure who your current building inspector is. I heard you guys found a new >> a new one now. >> Yeah. So, we would deal with them. [laughter]

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>> Yeah, well. >> I think you're [clears throat] looking for something. One thing I do want to add, I don't know if anyone's been by the site, but when we did the additional field work, the tree is down. How that? So >> Oh, it came down? >> Yeah, so now it it's on the ground and

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it is laying in the resource, so we'll >> Not surprising. But the storm >> we all agree we'll have that cleaned up. >> It came down on its own? >> Yeah. >> You know right? >> It was right after that real windstorm. I mean, I live in Wilbraham and we had a crew I had two trees crack up on the

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property. >> Yeah, we had a bunch come down at my house, too. >> That was >> Yeah, it's crazy. >> So in the interview, the Yeah, yeah, the leaning one was I think it on its way down at that point. Um And the the other trees were also invasive

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trees. Yeah, his Did you have any other Um ideas on I guess you've had mentioned it, so no other proposal to sort of >> No, um >> No other running. >> The way Mr. Pekowsky left it on site, if the commission wanted them down, he would deal with them.

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Uh but I think it was the consensus the upper trees are well rooted. So it it's the commission's option, I guess, at that point. I don't think I don't think Ted would take them down unless he had to. >> Okay. >> But he will remove the dead one with the

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commission. >> Yeah, this is his report says that they're there are some there, but there's some pretty solid ones that are left. >> Yeah. Yeah, the ones higher up on the slope kind of all agreed they were sound. >> Okay. Yeah, I mean, I just just uh

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to re-read what's in there, the recommendation was from from Steve was um that the lower tree should be removed to prevent it falling, well, it has. And and damaging the wall or mitigation areas. We also, um I think he also suggested

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>> I don't think so. >> No, but maybe I misread that. >> I don't think I think he said they're >> I think he just noted they're species >> They're they're >> noted them and that they are invasive. >> good yeah. >> Yeah. Okay. >> Yeah. >> Yeah, I think he he goes on just to mention that he limits the fill against the tree where

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we if we break out in the fill no more than 12 in. >> Yeah, he just says he concurs with removal of larger larger locust trees up slope if needed as they are invasive. They help in their spread, but it's not required. It's just if if we wanted to remove them and they

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could be removed. Yeah, Tom took a good look at them and said they were Yeah. >> Right. >> Yeah, exactly. >> I need a person to help me out. >> I don't have anything. >> Now, do you have any questions for the project? >> Those huge you you need to come forward

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and state your name, please, and ask your question to me and I'll direct it to the consultant. >> Alina Sanders, 26 Blossom Street. The the remaining trees >> Ma'am, you have to ask the question to me cuz I have and I'll yeah, sorry, that's just the way it works. >> Okay, so the we were outside when the tree fell.

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>> Lovely. >> So, I was afraid it was going to fall. It had fallen on my land. So, there's still those remaining trees, those big ones there. If those fall on my land, who is responsible for that? Me or >> That's a >> Cuz I they're going to fall on my house. >> Do we

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or can I address it or >> No, no, that's not that's not a I mean >> It's a civil >> It's a civil suit issue. Civil insurance property property insurance kind of a thing. Typically, I know in like my neighborhood, if I had a tree fall on my

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neighbors, I would offer to help the portion that fell on the yard, but an insurance will usually cover that, but that has nothing to do with conservation. >> Um so, if the the retaining wall the retaining wall that we're discussing, if that water goes into my land

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if there is any land any water that goes in there, who is responsible for that? If If my land gets flooded, I have no water in there now. >> Yeah. >> So, if that gets >> that's also also civil or >> Cuz it hasn't happened.

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>> I I'd have to find I mean, we'd have to dig into that. I'm not actually sure. I mean, but if if we're approving something and it's all following all the rules and DEP and all that stuff, then it shouldn't flood. >> I mean, >> I mean, >> to Let me just I'll ask you the drainage. Can I ask him that question?

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The drainage on this when you put this wall up. >> Yep. >> You having gravel in the back from the base up. Now, you're going to have pipe outlets going >> Yep. >> facing which >> out >> facing to the east, which is the >> the east. >> So, I can

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>> nothing >> nothing facing her on her side. >> And we actually introduced drainage swales to protect your property as well through conversation with everyone. >> Okay. >> Yep. >> Good. >> Anybody else? Any other questions?

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I'm I will close the public hearing. So, if any more questions come forward, please. >> My name is Allison Ziegler. I live on 68 Holland. Um I was just curious what the independent scientist of what his findings were. Wasn't there was an independent

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>> We did a peer review. Yep, and they redelineated the wetlands line and made recommendations on some of the trees. And that was what we had asked them to do. >> Okay. >> Yep. So, we they moved the line based on his delineation. >> Okay. >> And I'm not completely versed on it, but

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the there's a soil test that's done at the very beginning of a job like this. Uh PCP I have probably have the language wrong, but just curious what that finding was. >> He actually did check the findings.

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>> That Yeah, that's not the right language. >> [laughter] >> Right, because now we're going that's all. >> What was that test? >> That wasn't part of the peer review. >> Perk test? >> Perk test. PCP. Don't even want to go there. >> [laughter] >> That's a whole different Give me the

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lock. We'll be here forever. >> We didn't ask them to do anything. >> No. Perk test. >> Perk test? >> Can I address or >> Yes, you may. Because we didn't ask the peer reviewer to do anything with that, so that was not included in our peer review. >> No, in this lot is served by water and

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sewer, so we wouldn't need a perk test. The perk test goes if we're finding a septic system on the property. >> Okay. >> Or sighting a septic system. >> So that property will be town sewer? >> Town water and town sewer. >> not septic. Yep. Okay.

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While I have the floor, I just want to say you know, a lot of us moved to a suburb for a little bit more space and for a little bit more greenery around. And you know, and and that's what we're you know, any available space to have a house slapped up is just disheartening.

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>> That's not our department. And those days are going fast. >> Right. [snorts] All right, thank you. Anybody else? Anybody else? Last chance before we close the public hearing. Okay, I'll entertain a a motion to close

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the public hearing for NOI 2026-01. >> So moved. >> Second. >> All those in favor? >> Aye. >> Okay. [clears throat] All right, so the what we have left to discuss is if we this um uh

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I guess you can call it the finger-like projection of for lack of a better word. There is a the Wetlands Protection Act um has guidance for this and it's up to the commission whether or not we want to um it's a discretionary scenario. So,

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if we allow the wall to stay where it is when relation to this finger like um formation >> projection >> Right. Okay, we don't if that's okay, it doesn't set a precedent for anyone anything else in our

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um in our 30-ft no disturb zone because it is a it is a separate um discretionary thing. It's not basically it's not tying us to anything that's our normal that we would work on. So, we can say they have to scale the

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the project down to accommodate not being that close to that or we can say we can make the decision that that's okay. We can leave it as is for that one corner. And it's just here on the map. Do you need to see it, Megan? >> Yeah, I don't Yeah, I don't love love it all the way over there. Yeah.

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Um What is it? 20 ft? >> 30. >> Uh 30 is our normal no disturb >> No, I meant the scale. >> Oh, yeah, the scale is 20. Yeah. >> This is really where I need my glasses. >> I know. I need your glasses.

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>> Yes, it's 20. >> Oh. >> Cuz this is 20 ft. >> Mhm. >> Yeah. >> What are you trying What are you looking for? >> Just I It's just this. >> Yes. >> are we 20 from this wall? >> It's right Right. So, this this is this is 30 ft

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here. So, it's going to get bigger as you go this way. It's just this projection is where it gets close because that's that's the discretionary thing. It's just that one point. >> this corner? This corner. >> Right. >> So, wait, where's that line?

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Right here? Oh, yeah. >> And how far is that? 100 ft? >> And that's >> I don't know. >> from here in here >> 50? >> That's 50 to the to the >> This

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>> It's probably 50 ft between This is going to be a little bit here. >> Okay. >> It might probably be >> Yeah, yeah, that's 40 to the closest point. >> You can see this jogs this way though. >> No, that's this is a which that must be >> This is going to open up a little bit here. It's just as good as >> How do you feel about that?

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>> I'm okay with that actually. >> Okay. >> Yeah. >> But that's it. >> That's that way and then this is even further from this point. See that one goes out more. >> Adding looks like a little more. >> Yeah. >> Yeah. >> [sighs] >> What do you think?

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>> I'm fine with it now. >> That just looks good. >> I'd be personally I'd be willing to Um consider it reasonable and and Um allow it given the rest of given the guidance.

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>> Mhm. Megan >> But >> Works for me. >> Okay. >> Good. >> Do we have any other >> Nope. >> conditions besides our normal 10 or 13? >> I would um I would add a special

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condition related to the tree trees we just got which I would I would I wouldn't say we need to condition if they're all removed but any that are removed that we limit stump grinding. Um or or don't allow stump grinding um

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on the property or within the buffer zone. >> What do you think? >> And then is there a plan for the tree removal? I know it wasn't planned that >> Well, the one that's down the one that's down that's going. I I can't remember how many trees are left up there.

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>> Right, but going what do you mean like >> If I'm If I'm out to I'm looking straight at it. >> Where is it on here? Where did the tree fall? >> Is it on this side here? >> Yeah, it's on this side, right? So, where is it on the I'm assuming it fell at the angle that it was.

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>> Yeah. Yeah, so basically it fell right across the stream into the wetland. Because when >> Okay. >> our surveyors there, they had to crawl over the tree to get these shots. >> All right, so >> Yeah, so how do we >> condition that that tree be removed by the end. >> I think that's

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>> Yeah. I don't know how that's going to happen, but >> Pretty large tree, isn't it? >> Very large. >> Well, you can you can Yeah. >> Cut it and you can cut it. You just We don't want Bobcat in there. >> Yeah, you crane it out. Mhm. >> No heavy equipment in that area, as you know. >> Yeah. I need this down.

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Anything else? That's all I have. >> I want to condition I'm I think I saw this earlier, but there was There is already a plan in place for um the invasive >> Yes. >> invasive plants. >> That's part of it. Yep. >> That's already part of the site.

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>> Yep, and the restoration is part of it, too. >> And that's what I was just going to say. I don't know if your order includes them. This is an what we typically add to the orders. I just wrote it I didn't say it before we But it just make sure that you cite the

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mitigation plan is allowed. >> Oh, yeah, yeah, yes, yes, yes, yes, yes, yes. >> I don't know if you guys have that. >> Yeah. >> We put it I I think we put it in the detail on that as a special something to reference that plan. It's in there. >> Oh, is it I missed one on the back? >> It might be. Or as consideration.

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Not verbatim that. >> Oh, yes, yes, yes. Okay, yep, I got that. And then um No stump grinding, okay. Do we need anything on the black locust trees? The ones that he mentions that they are

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invasives invasive, but they're okay where they are. >> Yeah, I would just I think we've got got to me enough um with the special condition for for no stump grinding and um removal of the final one.

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>> Yeah, but do we want a condition that if at any point in the future they want to take those trees down, they must submit something to the commission first. The black locust trees that are still on property. >> Yep. >> Okay. Okay. I mean, how wide are they? They're

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I don't know. I don't remember. >> They were large. They were >> They were pretty big, right? Yeah. Yeah. >> They're pretty big. >> And they would definitely have to come back before you folks because the 100-ft buffer hits >> It's right there where the trees are. >> Right.

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>> Okay. All right. Okay. >> I will make a motion to approve I'll second the motion to approve NOI 2026 with the following conditions our standard order of conditions numbers 1

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through 10 with a special change to number six where it shall state permanent limit of work line post construction. Um and the reason for that is because they do have to go past it to put the silt fence in. In addition, this other special

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conditions are that the um if in [clears throat] future the black locust trees would like to be removed, they will come back before the commission for approval. Um they're all in the removal of the tree that has fallen into the brook. Um hand equipment

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or crane must be used. No heavy equipment to remove that from the property. And also that we do have um the proposed mitigation um for the invasive species control. But we would also like to see

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that final plan submitted to us when it's done as well as who's going to be applying the um whatever you call it, the herbicide herbicide plan for that as well as when the plantings will be done. Um That's it.

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>> No stump grinding? Do you want that still? >> Oh yes, I'm sorry I did not say that. Yes, and no stump grinding on the property. >> Uh so moved. >> Oh how you want to keep it up? Okay. >> Is that Is that your >> Couple of feet. >> What's What's the required height? They just don't stump because they don't

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>> No stump grinding. >> I'll just drill into the ground and the roots away. Okay. So flush is good. >> Yeah. >> Yeah. Yeah. Oh no grinding. Yeah. >> Yep. >> So moved. That was that you were >> Yes, I'm indicating [clears throat] a motion. Yes, please. >> Second.

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>> All in favor. >> Aye. >> Okay. Motion passes. >> Thank you. Have a great night. >> Okay, you too. >> Did you say I sign a sign? Hey, where you >> This back. >> I'm sure. >> I'll just sign it. Yeah, of course.

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>> Anywhere. >> I can see in those emails on Harvest Circle. >> Yeah. Um has Mark got >> Okay, violation. >> Yeah, aside from just focus. I know you he asked for a locus. >> Yep, she gave the answers. You'll see it tomorrow. >> Okay. Um is he going to show up cuz

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>> I'll put it with this. >> So I don't know if he's going to show up or if we need to get somebody like Yeah. Robert. Okay, so somebody I haven't seen any of this. So, all right. Yeah, we already know from the last conversation.

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So, okay, I just want to let you know that it wasn't a >> But it's just putting DPH on notice for the next week. >> Right. All right. Okay. Thank you. Thank you. Thank you. >> I'm just going to sign before we forward. Okay. >> It should be a big improvement down

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there. >> I was in the zone tonight. >> You're in the zone? >> Yeah. >> Locked in. >> I locked in. >> Very good. Very good. >> I had a plan. I will say something after we close the meeting. I have a comment I want to give to you guys. In other words, yes.

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>> I think it's we will uh >> Uh okay, I did that one, did that one, did that one. Did that one, did that one. Keep that. Actually, Alex, can you keep when you give me um

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every time you put my folder together, can you just put the signature >> a copy that every time? Sure. >> And you can leave this one if you That's fine. That I made notes on it, totally fine. I don't mind. >> I will. I'm going to add you. >> Sweet. All right, next.

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Project monitoring. EO 2025-01 stream alteration at 633 to 759 Summers Road. >> Deadline was today to hire a consultant. I didn't even CC it on the emails. So, you just Whatever. We wanted to >> I mean, I think if we don't hear from him by

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if we don't hear from him by Thursday, we find him on Friday. >> Blake issuing these on Fridays. >> I do. Cuz Fridays are my no meeting days usually, so I can come in and sign if you need me to. >> Okay. >> And I have better access to my this email but I >> By if we haven't heard, you mean we

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haven't >> If he hasn't hasn't hired anybody, then I hired X person and we can validate it by Thursday, then we find >> I mean, he said plenty of time. >> Yes, he has. >> Okay, so that's >> That's easy. >> done. >> Okay. EO 2025-06 Wetlands violation at 30

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Vineland Avenue. Uh she did hire somebody. We know that, right? So she's We're not going to find her anymore. Um >> She's on track, so >> She's on track. >> Wow. >> The one she hired has email asking if we would rescind the fines we already

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issued and I said no because she was not in compliance when we issued the fine, so >> Oh, great. >> Just so you guys are aware, I did say no to that. I think we're we're probably good on that one then, right? Okay. Um EO 2026-01

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tree clearing at 371 Pease Road. >> They had until today as well to hire somebody. Um I haven't heard any They've received their certified mail. I got the slip back. I know they've seen it. Um they have not like let me know even that they're working on it. >> Same thing. If we don't hear back by Thursday, we find them on Friday.

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>> Yep. >> If you guys are okay with that. >> Which Thursday in this case? >> This Thursday, right? >> Okay. >> Tomorrow. >> When do you want to hear from them by? >> Today. >> Okay. >> So I'm giving them till next Thursday to get back to us and then find them on Friday. >> Wait, wait, wait, wait. It's Thursday or the following? >> Following one. >> Okay, would that apply to the

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>> Yes, all of them. I don't not yet. Let's give them Let's give them a week. I'm trying to be nice. Sorry. >> I I >> Bye. Give them till tomorrow. You think tomorrow? >> Today was the deadline. >> All right, fine. Give them till tomorrow. End of day tomorrow. >> Yes. >> Both. >> Okay. >> Hear from them by end of day tomorrow.

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We find them on Friday. >> Girl. >> Deadline. Deadline. >> No, I get it. You're good. >> I'm I'm okay. Yeah. >> I forgot today was Wednesday. I forgot today was Wednesday. >> Oh, did we decide on an amount or Is it >> That's discretionary. >> What have we been doing for the

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for Summers Road? What have we done the You go ahead. That's fine. Um he said if we find them yet. >> No, they've not been out of compliance until now. They've been >> They've been fine. So just do 100. Cuz they haven't been out of compliance until now. Yeah. >> Okay.

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>> Yep. Um so then last is EO 2026-04 tree clearing at 3 Kingston Avenue. This one was totally crazy.

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This property abuts 30 Vineland Avenue. So 30 Vineland where you know, she cut the tree down, which actually wasn't on her property. It was their property. So they hired someone to I think clean up what she cut down and then cut down more.

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>> Oh. >> And they literally cut down in the wetlands, new trees, Bobcats, all other kinds of equipment. >> Great. And they filled the wetland with wood chips, too. So there's pictures of all of it. We stopped them mid-construction. >> Yeah, we stopped them when they're in the middle of doing it.

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It was crazy. >> No idea, I bet. >> No, we we we stopped them. We talked to them. >> No, they they have no idea that they live on a wetland. >> They didn't Okay. Yeah. They knew what they were doing. >> They spent 45 minutes talking about it talking to us about how they've been in

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trouble with every commission on the western region. So. >> I think they knew what they were doing. Even though they said they didn't, I think they knew. >> Fine. >> Um fine. No. >> What's the plan? >> So is do we need to ratify this in fourth quarter or is >> There's no enforcement order. There was just a stop order. >> Oh, a stop order.

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>> So, that's that's actually kind of where I really had a hard time, like you would you two had decided that, you know, that you want the sim- similar scope that is going on in 30 because it's very

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very bad back there. Thing is that it's the end of July and you do, one way or another, hiring, like getting a consult to actually get the work done takes time. >> Yep. >> And I just you'll see on the last page for like the proposed timeline. I don't like that it goes all the way out into

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October. I I cuz it's how you going to that's just not a good time of year to be like finishing like the plan. >> You can't fine them? >> I don't think that's the right thing. >> No, because they're not >> We could always amend it if it didn't if the timing didn't work, right?

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>> We could, it just >> You can't fine them for doing something like that. >> No, knowing that it was >> Well, >> we can't prove it. >> could we just work toward a remediation plan and like maybe the first >> So, so why don't we keep it keep this as

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is, right? And then we want the remediation plan by the 23rd. And then in there say based on the wetland consultant's recommendation, when will plantings and everything actually take place based on their recommendation? >> So, we'll scrap the following paragraphs then.

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>> Yeah, because because if you if the consultant says, "Hey, here's a plan, but it's October 1st, we can't do anything until the spring." >> Okay. >> That's fine. >> Why you know what? Why don't we just change so that that last date on there is um a no later than end of business on such

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and such. So, why don't we just we could either A scrap it and then amend it later or B just set a date for the spring. I just hate to see another thing that sits this long. >> So, when can we usually when can you usually plant though? >> You can plant up until October. We could leave it open-ended, too.

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>> Yeah, I'm going to say >> Until the ground freezes. >> we can amend the order later to add a date. Just >> Yeah, so why don't we just so why don't we leave it as >> Like the last day >> Or you can say October 20 Well, no, actually >> That's the best time to plant.

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>> Or you can say unless a documented unforeseen occurrence legitimately renders this impossible to achieve. I think that's fine, actually, because you have this sentence in there that says unless something happens, which and we could put in here if you wanted to, if you guys want to saying something about like

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um to include you know, first frost, whatever You know what I mean? >> Yeah, yeah, yeah. >> What about I would think to word it as October 28th or per the suggestion of

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Or date as or date as per recommended by consultant. >> Yeah. So one of those two, what whether the consultant or >> Right. >> this date. >> Yep, I think that works. >> Cuz you're right, if they say what we're planting here is needs to be planted in

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>> in the spring instead of Right, we can't do it cuz it's too close to the frost, it might die. >> Yeah, because we don't That's my That's my thing is I'm like we're we're we don't have a whole we we don't have a lot of time left and and I don't want I always like thinking just like it might limit the type of plantings they want to put in and

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>> I think if we put that in there either that or date as recommended by wetlands consultant that's hired. >> Yeah. >> Based on you know, current current conditions or whatever you want to call it. Yeah, I think that's fine. >> Um

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>> Make sure we So. And you So on a order we also I also have for September 9th to be when the restoration plan is filed. So that way by the

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>> I think that's fine because that gives them enough time It's only July 20th. So September 9th is enough time to file a restoration plan. I mean it The plan can be for it's going to be done >> Yeah, like a basic it's a draft and then we can have like the finalized

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product. >> Yeah, wait till why can't we fine them? We haven't given them an enforcement enforcement order yet. Basically we told them >> to be out of compliance with them. >> to be out of compliance with the enforcement >> and then fine them. >> No, I know. Like

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But we we just But I just mean people, you know, if they're going to do something that they claim to know is >> Only because >> not right, then they're like, "Oops, sorry." >> Only because they are well aware of it. >> We could implement something like that in the future, but I have to see what

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kind of language is going to be needed and if we have it in our town code, etc. Like how to make that work. >> Right. >> Um I know like Yeah, we can >> We can look at some things. >> I can I can try to see what what we have and talk to our >> Yeah, it just seems like

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>> Cuz I get what you mean. >> incentive. Well, but especially because some people they know what they're doing. >> And they And they >> play dumb and then even if they are fine with hiring someone or the fines or whatever, they got what they wanted in removing the trees and now they're going to build

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something. Whatever. >> Right. No, you're right. You're right. Well. >> All right. >> Anything else, Alex? Oh, what about that cease and desist for Marilyn Ave? >> We have to actually vote to approve this. I just I don't have any more like I'm just waiting to hear what any other

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edits you have and then we have to actually >> I'm fine with how you wrote it. >> Okay, so we have to push them to actually issue cuz there's no active enforcement order, you know. >> Okay, so I need to read anything special or just >> Motion to approve. >> Okay, I will entertain a motion to >> No, no, there's not an active one, so

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it's a new. >> a enforcement order for 5 Marilyn Ave. Right? >> 3 Kingston. >> 3 Kingston Ave for clearing and cutting them trees. >> So moved. >> Second. >> All those in favor? >> Aye. >> And you just have to sign that.

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But we are done after that. >> And nothing about 5 Marilyn Ave? >> Oh, yeah, general update. He's um He uh came in today and talked to me about it and >> Oh, did he? >> He uh He won't do it anymore.

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>> Okay, good. All right. What was that? The grass clippings? No, he was dumping like I don't know, he was cutting bushes >> on the green >> on the green dumping it on town property. >> Yeah. >> Next to 35 Oh, is that the one we witnessed? So what kind of Cuz he he he was just

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confused why we didn't have a sign and I'm like, well I really know. So, how you want me to respond to that? I well, I actually I said I said, "You wouldn't You wouldn't go to your neighbor's house and dump them in their front lawn, would you?"

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>> I Maybe he Maybe that's what he's going to start doing. Their problem now. But >> It was overall a positive and constructive conversation, so >> Okay, that's good. Good. I I will entertain a motion to adjourn our July

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22nd, 2020 on the Fish Commission meeting. >> So moved. >> Second. >> All those in favor? >> Aye.