All right, everybody. Let's get started. Let's again uh let's keep the cross talk to a minimal. Um first item on the agenda is public comment. Uh two minutes. Does anybody have any um public comment? Any new information that they'd
like to present to the commission? Mr. Chairman. Uh oh. Yep. Yes. Yeah. Go ahead, Alan. How you doing? Thank you. Alan Russo DM Betty Spring Road also in the butter of the uh garden sludge landfill. Uh couple of things since the
last meeting. First of all, I am in receipt of um things related to the inspection report that was reviewed at the last meeting. Uh something called a key, right? It looks like um a manually updated map of the garden sludge
landfill. I'm a little concerned about the informality of this thing. It looks like a lot of hen scratches as opposed to what I think we need. If if one thing is missing here, there's no demarcation of the containment area, which has been my concern from the beginning. That the
storm water management failure is is not being uh is being mixed up with the leeching collection system which is within the containment area of the sludge landfill. Those two things are not supposed to get mixed up at and I don't see it on the map here. So, how
would anybody be able to see what the what the extent of the liner is around this perimeter? Okay. So, that's a concern with what was presented uh since the last meeting. I still think and I know this is voiced at the last meeting. This kind of an inspection report is
inadequate. It has no instructions, no criteria. And um so that's that. The second thing is I've seen no formal plan from the Gardener Department of Public Works that owns this landfill of a plan. All right? Or a formal report that
documents what happened, what's happened, and what the solutions are. They they they came to the last couple of meetings. I don't see anything anything other than kind of spitballing around the table different ideas. That's no way to solve this kind of problem.
I've seen professional presentations here by some of your presenters on NOIs. They should come in with a written plan. Here's where we see the problem is. We've got a lie problem. All right? And that's evidenced because we have ponding. We got an imperous area on top of the landfill.
This precipitation is supposed to percolate down to the layer and it's supposed to go up be pumped out of the system. I haven't seen any pump results since the last meeting. I think that was requested. What's the volume of the pumps? Because if there's nothing pumping on there for whatever
reason, the Lich stand on top like it's a parking lot. Very dangerous. And flattening it out. What I heard at the last meeting that that really concerned me because at least the puddling put it in an area that you could try to contain it. When you put it on a parking lot that's flat, it's going to be heading in
every direction. So my concern about this whole thing is we after six months we're at the sixmon plus point on this initial enforcement order issued on 104. We have no formal written plan. Uh also we have not hear from mass DP but that
shouldn't stop the owner of the landfill from putting forth a plan that can be reviewed by you folks and others in the city. Uh a written formal plan. Here's the cause of the problem. Here's how much is due to operations and maintenance. Here's how much is due to
systemic infrastructure failure. And then the last thing I I want I want to mention is Viola who is the actual operator contracted by city was requested on at least two or three occasions by this commission to be at the meeting. I haven't I didn't see them at the meeting. Why are they not here at
the meeting? They actually are hands-on controlling the meeting or controlling the operation of the of the operation out here. So, you know, my view this is this response over the past six months to this body and to the government community has been wholly inadequate and
I hope you can do something about that uh because this is this is just not acceptable. Thank you. Thank you. Anybody else's public comment? Uh next on the agenda is uh meeting minutes. Would someone like to make a motion to approve the meeting minutes of 4:14? I'll make a motion.
Someone like to second that motion. Second. All in favor? I. Thank you. Some move to approve. Uh, next on the agenda is uh request for emergency certification. The gardener municipal golf course requests
emergency certification regarding D160 0667. Uh this is regarding the uh irrigation intake pipe failure. Um just to uh remind some of the newer people on this commission, we did approve this work. Um so it's it's been approved by
the commission. It's been reviewed. It's been discussed. Um so we're we're okay with the work um as it was presented to us at that time. So go ahead. So can I ask some clarification on that? Um yeah. So the um order of conditions, did those
include the two uh the golf course getting those two permits, the permit the dredge? I don't recall that. Do you have that folder here? You go over that or Okay, that's fine. Yep. So for the record, Justin Luclair regarding
Engineering. So to answer your question, as part of the original work that was to be done, because it's the irrigation pump house at the garden golf course and adjacent to Crystal Lake, at the time we had to file a 401 quality SER, which is
filed with DP. One of the requirements of that is to receive the order conditions from your local conservation commission. So that this was the first step. Now to give you a synopsis since then to why I'm here tonight. We filed the 401
with the central region office which is in Worester. They oversee this area at their request. I before I filed their notice of intent, I had asked them this is the project. This is what we're doing. What do I need? Their answer was a 411 quality sir. Perfect. So we filed
that with Wister and Boston who oversees all the regional offices came in and said, "Nope, you're not filing a 401. The project you're proposing requires a 404 dud." 404. Yes.
So, and there's discrepancy on those criteria. So we've back and forth with Worester Boston us and Boston wouldn't let it go. So we said fine we'll file the appropriate permit with you guys so you guys are happy and we'll move
forward. So we've been waiting for them to finally move forward with the permit process. I received a call two weeks ago from the facility manager at the golf course stating that the pump that had just been repaired was
put back in, turned on, it's seized due to the intake pump or intake pipe failing. Now whether it's because the pipe is officially collapsed or it's filled with too much debris and gunk, we're not sure we can't get out there
and take a look yet. So myself and GD consulting who I brought in to help manage the judge department with Boston went back and forth with the head of the department there regarding the judge permits. And he did
give a little bit leniency that the state would be okay issuing an emergency authorization to replace that pipe as part of their plan and retroactively work with us on getting the full permit done.
One of the conditions in the CMR that they had cited was to come in front of the local commission and have them issue an emergency order to commence to work so that they had a paper trail as well and then file with the appropriate file
that with the appropriate board. So it' be with DP and it would be with Army Corps as well just saying yeah the local commission's okay with us starting this work now knowing that we're going forward with the state on
dur. So that's why I'm here tonight. I know regarding the emergency sir there's a couple qualifications that need that the board that the commission needs to deem appropriate to issue it. One of
them which was a starting point with Boston DP on why they should allow it is right now with no water for the irrigation system at golf course the fairways won't be upkept which will mean they'll end up dying. With that, you'll
lose the structural stability of the soil and you have potential runoff across the golf course mainly at hole 11 where the hole is designed everything slopes if you're standing up at the tea box from right to left towards Crystal
Lake. So there's the potential risk of heavy rain, some erosion if that grass dies off and you lose the stability of that soil that it could potentially run right into Crystal Lake. One of the ones that's a major
concern for commissions is the public health and safety. Right now the facilities manager has two setups going that are temporary fixes. One of them is also this also ties into the financial cost of it. He's
getting water on the back n from an old service and a hydrant backflow pre things like that to set up so we get at least water the greens of the back n there's not enough water for him to actually service the entire golf course
or at least the back n on that area. So he's maintaining the greens. If the greens die that's a observer costs for the golf course to repair all these screens. As for the front nine, he's actually feeding in off
the fire hydrant on Eaten Street, which is tied into the water supply for the hospital. So, currently he's feeding his golf course to maintain what he's doing off a service that feeds the hospital, which adds an extra stress to that
service, which typically doesn't see this amount of water taken from it. And again, you're pulling from a line that feeds the hospital in the event that there's ever an issue there. It could cause problems that I
don't want to try to get into. So, we're here tonight for the SER to expedite the process with the state. At this point, we don't know how long it's going to take them to issue the permit on their end so we can do the work on their
timeline, but the state did give us an avenue to go down to again expedite so we can start the work and retroactively keep permanent with the state and meet all their requirements. So, any questions? Can you say a
clarifying one? So, the state basically said they would approve the dredging permit if we got an emergency certification. Why can't they just approve it? Period. I don't know. That makes no sense to me, right? It doesn't if you read the 404. So, he and I were just literally
chatting about a second. I just letting them know I read it. Yeah. It doesn't even apply to what we're doing. Oh, but it does seem that they when you take the old pipe out and put the new one in, they consider that dredging out. Yes. And it's and just for the commission's
understanding, it's not just this project. For example, you have a driveway and a culvert with a stream under it. You replace that culbert for your driveway. That is officially a dredge. That is the state's
interpretation of that regulation. Now, even if it's even in that case, it's just the maintenance repair of existing structure. Yep. And it's, believe me, as engineers and we do this type of permitting, we're trying to understand
how they're getting there. But at the end of the day, if they say, "No, this is what you're doing." We can only push back as much. My accountant, I used to be an accountant. Um, we never had that. It's only It's only recent. I mean,
well, month or two ago. So, it's just And the big one, the example I use is Princeton because they have a lot of watersheds, a lot of areas that would certify filing 401's. And that's what's tripping it. Boston's going knowing on
the 401, you're just skipping that. You're going to the church permit. Even though it's written as a threshold of 100 cubic yards, anything under that still qualifies as a 401. In our case, we're a major because we are a waterershed and we're drinking water
supply, but we should still be under the 401 and for whatever reason, Boston is saying, "No, you need the drench permit." And they have actually pulled 401s out of regional hands and they the
applicants go it. I'm not going to comment if it's right or wrong, but that's where we at. Do we have in writing um from Boston what what they told you? So, oh, sorry.
Yep. It's in the folder. So, Justin, I I keep going back. So, this I'm in the U CMR and number two is an emergency certification shall be issued only for the protection of public health or safety. Yes. So you have two factors. So
one, and we'll talk about the golf course in a lake. Right now on fairway 11, there's no irrigation to that. If no rain, if that soil dries out, it loses the stability. You have a major rain event come in. You have all that sediment. And not only that, you have
whatever fertilizer that they pad on to get that grass growing going directly into your drinking water supply. So that's one. on the other end. Now we're our temporary solution is to pull water from the service out on Green
Street which also feeds the hospital. So now whatever 100% let's say of that water that's going to the hospital now there's less what's more important the hospital or the golf course. So I can't use that one. So yeah that
one doesn't apply to me. Um, I guess the general public health I see your point. I'm trying to understand how we could do this as a commission and I'm going to probably, you know, I'm going to have to bring it up for a vote. Yep. But I'm just trying to make sure that you've explained every
means and methods possible to justify the public health. Um, given we're in the spring, we're not in a drought of haven't had rain in 20 days. Can I can I ask? Yeah, go for it. could strike relate to that. So the other
public health is if the grass dies there's the erosion going in towards the lake. Yes. I mean around here grasses are sort of meant to die during drought. They don't die. The top part is still intact and they're still doing their erosion control way I understand it. Am I wrong?
So, I mean, is that is that is that a real problem or is that just like we're trying to like come up with something that No, it it could potentially be a real problem because it loses even though the grass is dormant, if it dies out fully and it loses the root system, then there's nothing holding that soil
there and where specifically where the pump house is, it's like this. So any major rain event and as every everyone's concerned and has seen these intense rainstorms do lead to erosion problems a whole lot. So
just where we're directly adjacent to the drinking water supply and again these fairways do have some sort of f fertilizer and chemicals in them and help them grow. You're now putting that right into your drinking water system. So it's just maybe maybe that's
another problem to be addressed at some point too. So but during a typical time when the grass is already kept you are having that potential for erosion and it's being infiltrated the grass is healthier. It can do it. So
yep go ahead. I'm just reading it over. I mean if we go with this stretch of uh public health what does that get you? that allows you to take out the pipe that you were originally going to do anyway. Yes. It just allows us to do the work that the commission
approved now. But why did we wait to get to this point of failure? Why didn't we just come to us this just so public health? It started in 2023. Yeah. But we have but we were pushing with the state to get it approved. But didn't when did they
finally come to you and say, "Hey, if you can get con to issue emergency, we're fine." When did that come about? last week when we or let's see he called me two weeks ago. Yeah. So two weeks ago on a Friday he called me like that it's Friday the 18th. Yeah. So that
Friday the 18th. But what prompted him to call you out of the blue after a year and a half just because the pipe pump failed and you called out again. So I'm trying to understand the process. So he had so while we were waiting to get the permits done he had one of the pumps taken out in service cuz it was due. So,
brand new pump refurbished inside out. Put it in the thing immediately. See, he had no water in the wet well at all. Nothing coming in. So, that is we have no water in the wet well because for whatever reason that
pipe that goes out to Chris Lake either collapsed or something's clogged in and that pump seized in had cracked the debris. whatever was at the lake. So, and that was two weeks ago and that was again the start of the golf
officially starting golf season. That's why it's coming up now. And again, be between then and we've been going at it back and forth with the state. So, it's not like we started doing the state thing three
weeks ago or we started that Monday season Friday. This has been an ongoing trying to get answers and trying to get them to move forward. And again, I don't disagree that if they're giving us this
avenue to say, "Hey, this is how we can start doing it now. Well, why don't we just skip it?" And believe me, I fully understand, but at the same time, they're telling us, "Yeah, you're going to get the permit when you get the permit, but you could start now. do it
this way because I've read the entire 404 and I don't agree with any of that for the scope that we're doing and that' be a separate conversation if I share your opinion on it. Yeah. Well, that's I'm stating that because that's the only reason why I'm
like contemplating what my my thought it would be on this and my vote because I mean then you read down into this into the emergency item number five. I'm sure you read it a million times too. I should read note but it does say that the department has 7 days to sign off on
this review on this certification. So do you understand that the way I'm reading it? Department review shall be conducted within 7 days of the issuance by the conservation commission of the emergency certification. denied by the conservation commission of the emergency certification or failure by conservation
commission to act within 24 hours request of the the certification. If certification was improperly granted or work uh allowed there is it excessive or not required to protect the health of the in the safety of the citizens of the Commonwealth. Department may revoke the
emergency certification condition the work permitted there or take such other action as it deems appropriate. So we were discussing this as well to figure out okay well who would sign off I think it would be I think it have to be
DPW engineering or gardener because and again this isn't your normal case where an emergency for something on a single family lot usually your city engineer looks at okay what are you doing yeah
fine that's usually your oversight I think this one would still fall under the same DPW engineer would sign off on it and they would that would get submitted back to state as proof that
commission's okay with it, the reviewing authorities okay with it announced to state to move forward with this emergency authorization. But I did when I initially read that I'm like so does the commission have to sign off on it
for me to turn around and give it back to the state to sign like it that's doesn't read right it it doesn't and CMR in general just it does not read right sometimes so are you talking about so you know I'm
reading like this is only part of the email so excuse my ignorance um um says um person may act without a certification provided that the person obtains prior approval of the department or authorization under mask chapter 131 section 40. So that's
um that's a weather that's not us. That's the weather's protection act. That is us. Yes. The department. Okay. So this is not a they're saying under their department but our that chapter 131. Right. That's right. Right. That is about us. Yes. But um approval of the department is
capitalized D. Yeah. And who's no that means it means something. Who is the department that the capital D is referring to where a commission went out of the park? Right. I don't understand that either. It does say protection. Is that D? The next one down does state the conservation commission does have the
authority to review and issue an emergency compensation. Yeah. And that's where Yeah. And that's where these are tied in. Uh the department can authorize it at the state level, but they need paper
trail from the local level is really is really how that's the the state level needs the paper trail for them to issue the authorization. And the state is saying we're willing to give you the authorization. We just
need local to start the process is really how I take that email. So is there anything in the um in your conversations with um Dr. Wong that um from the water quality program that they
are going to approve your dredge permit? Yeah, it's a good question eventually. Yes. Yes. At some point the biggest good question. No, no, it is the short answer is yes, we will get the permit from them. The one answer, and this is a
little bit beyond my knowledge, is as part of the 44, you have to do soil sampling. Typically, you soil sample the area that you're doing the dredge in to make sure it's not contaminant, anything that's in it, if it has to be removed,
kept on site. And one of the big questions, again, this goes back to just the simplicity of this project, is if you're branding a import, well, what what's that concern of? What material is that? Is it contaminated? We're not importing. No, we're take excavating
out. We're putting the pipe in and we're putting that same material back in. So, that's stuff that we We talked about that in the paper. We talked about where you going to store it in and we did on a local level. So now we do at a state level and they ask more questions, they
get more technical with it and that's where my wetland consultant comes in and does the due diligence portion which has been submitted to Dr. on here and he's again when we submit it and we're
waiting for him to review and tell us okay do we have to do a full sort of a sampling here which is a long process and extreme costs which we don't really have a pin which which it is what it is
but we're just to help us on our end in again expedite this process we're trying to but skip that step because we're just excavating back filling the same material. It doesn't we're not doing anything crazy. So, it's
really it's just because the state has dragged their feet on this so long. We were a ticking time bomb anyway with that pipe and we were hoping to already have the 401 at this point so we could be doing
the work let alone have to go through a step for the dredge permit and come to the commission for this process and everything. The only other thing I can think of and why they're going this route is technically this commission is responsible for the land under the water
body. So they technically don't have a say in that. So what? Excuse me. So under the drench, that's their that is their J. Yeah, I know. But if this wasn't a drinking water issue, what would happen then? This was just a pond. We covered we
covered the land under the pond. So as long So as long as it wasn't one of their lands under their classification and we were under 100 cubic yards, which we are, even when I count the volume in the pipe, we're well under. Yeah. Um
then yes, it would be under the commission's purview. Go ahead. Just some thoughts. Not we need to expedite this too, but you know, it's not crystal clear, but we do have discretion. We've already approved this. People that are holding their feet trying to make it more stringent are the
ones saying go to us to move it forward. So it's a little odd, but um we have approved what they want to do anyway. And that's the big thing. This is an approved project and we're not changing it. And I'll tell the commission right now, the only change I made to the plan
from what you saw approved to what I submitted was I added a figurative profile. Yeah. On the side of it so D could understand what we were doing cuz he thought we were 10 ft down, 60 ft out, like this
crazy dredge. I was just doing this little little tiny section. So, other than that, the plan hasn't changed. We're still fully replacing that pipe with the HTP pipe. We're going to put it in line and esavate out so we can get to the wet well, core that back
up, seal it, and the pipe at the out in Crystal Lake. We're just going to let it float, do what it needs to. And I actually have a little more detail for the commission. We're either talking to the pipe consultants. It looks like they're going to slot the pipe and put a
screen on the inside of it. So, slots will allow the water to get in. The screen will help prevent any of the debris from getting in. That was something that they came up with. Is anybody from the golf course here? No. I did try to get Bill to come in. He was
I'm pretty sure I asked did that come too. Yes. And I did follow up. He had a prior commitment that you couldn't get out of. I'm like, it would do great if someone was in person from there. And he's like, I really can't. Like, I'll be there. I'll see what I can do. So, so I
I mean, I I understand what what Dave said and that makes and this is an unfortunate situation. So, my concern is, you know, so this, you know, the state is involved with Dread Permit, not to create red tape despite it may appear to be. Um, you know, they are, you know, they're very smart people who know a lot
more about this than than we do. So this is, you know, having the state approve this judgment is a very important level of protection. Yes. That we are sort of bypassing. Um and so I guess I would I would like I would love if we had something from Dr.
Wong or somebody else saying, "Yeah, this looks great. We understand this an emergency. Everything looks in order." Well, if we do the emergency, if we vote to approve this emergency, sir, and it does go back to them for final review. Yeah, we still All right. Thank
you. Okay. Yeah. I thought I Yeah, I misunderstood that. Yeah. So, the big thing is so they'll they'll expedate that. Yeah. So, the commission's the first days. That's really what it's doing is it's making them get off there. They have they have seven days but to do it. Okay. Yes. Okay. Because
ideally if it goes the most expedited way, commissioner votes to approve it tonight. Justin gets it all ratified, all sent to me tomorrow. I send it to both the wetland consultant as well as
Dr. Juan and say here's a piece of paper and then they have to still issue their emergency authorization. So there's still one more. Okay. This isn't our preass. Yeah. Yeah. So I guess
and I did more because I know one conditions of the original project was to notify when we would start. Ideally within the next two weeks. I already talked to the pipe fabricators. They could probably get this material made and done in a couple
days. I just spoke to the site contractor today. He said if you give me a couple weeks to get his schedule around and get machining guys there, he could be there.
I just keep thinking I I mean we all we approved as a commission most of us here approved this scope already. Yeah. A year ago. Yeah. Almost two year and a half. Um, but I don't but I don't consider
this an emergency in my mind and I'm trying to understand why the state would make it as such as a you know, but I guess they're going back to us saying if you guys are okay with it, we are Yeah. And
that's it. Yeah. Yeah. Exactly. and talking to our wetland consultant, he's had a little bit of exposure to this and he's dealt with Dr. Juan on our projects and his just is the
same they're coming back to you and it's well if you're okay with it, we're okay with it. You know, I'm just like I said, that's a whole other conversation. Yeah. But does say the department's review shall be conducted within 7 days of the
issuance by conservation commission for the emergency certification. Clear as day. I guess it goes we've gone against DP D several times on local jurisdiction as opposed to their jurisdiction. So I'll bring up for a vote. Um unless anybody else in the commission has
anything else they want to ask for questions inut. Um, would someone like to make a motion to approve the request for the emergency certification for the gardener golf course for the repairs of the irrigation input due to pipe failure for the
project previously approved by commission in 2023? Someone like to make that motion. I'll make a motion for emergency order. Someone like to second that motion. I'll second. All in favor? So is approved. Uh, we'll get that
signed and got passed out and keep us I will pound the crap out of that. Okay. From the record, but Okay. And it would be great. It would be great to have the whole email too. Yeah. Yeah. Or the whole email chain. I
can I'll go back the sign in my to the very you guys have it. All right. Thank you. Thank you. Thank you. Thank you. That's great. All right. Uh, next is the enforcement order for sludge landfill. Um, as of right now, we have no update from
DP. Um, we have no other information other than um some communication, right? Do you have any other communication that we've received and uh there's nobody here from the city from Sledge Landfill. So, we'll keep this open till the date. Oh, go ahead. What about
um test results? We we don't have any test from them. No, the last one we have is what you say 328 or something. Yeah, 3. Yeah, March. So, we'll keep this open. We'll reach
back out to Dane and Ron Oliver for an update and request again that um Viola comes up. We could um request a more formal report. Yeah. Yes, absolutely. Yeah,
they did give us the they gave us some oral ideas. Yeah, but I I agreed to the public comment about that map kind of was a joke. Yeah, I was expecting a big record two pages one day and strongly Yeah, strongly requests.
So, we're going to request again that uh BP I mean BPW attend our our next meeting the 5th 12th I'm sorry May 12th um and provide a formal report with mapped out of John's
and present the viola um so like to make a motion to continue into the 12th I'll make that motion someone to second that motion second all in favor So move is approved to the 12th. The next is 36 Nicole Terrace. Somebody here
the representative. Thank you for providing uh the nice drawing what we exactly what we requested on how it should look and um look like it shows everything we're looking for. The only thing there was a lot of talk still about what you're
providing for saplings. We just kind of talk about that again. Yeah. Um the river birch are somewhere the order of 8 to 10 ft. Um
the white spruce uh are on the order of 3 or 4 feet high, but they grow 3 ft a year. Um the reason I'm going with this this uh person in Westminster is he receives these trees as bare root and
then plots them with uh dry killed dried soil so that there's no invasives in it. And we had a conversation about jumping worms and being in some of the soil and want to be careful that we're not getting materials
in that are contaminated in some fashion. And I was looking at the plants he has and is really healthy and they grow really well. So looking at having stuff that's really viable. Um, and the
white spruce are good uh exchange for the white pines in terms of how fast they grow and how sturdy they are um terms of enduring wind storms and and so on. And they provide a bit of a break um
to the wetland by having the uh conifers there in the upland. I was going to go ahead. I know you had Well, yeah. I really like the shrubs. I think they seem great. I The idea of river birch and white spruce there in an area where
you cut down red maple and white pine just seems like a stretch to me. White spruce is really I mean it's native to eastern North America but much further north. It just doesn't seem like a great fit to me honestly. It's not a it's nothing personal against you. It doesn't
make sense to me. The white spru white spruce. Yes. It's growing rampantly in Winon makes who Brian's uh we white spruce. Yes. Okay. Yes. That's new to me. Where where is it
growing? Right near Brian's. Uh I don't know where Brian is. Uh the Dunkin Donuts on 140. Right on 140 there. The mile the uh where the diesel is. The woods right next to it. There's all white spruce in there. cut them down for
Christmas tree. Um, so so they're probably not native. I bet you there was some something was probably planted there years ago and they're escaping. Well, he also has white cedar, which we can do.
Do it three guys. I I would prefer to do something that's growing around here normally. Yeah, white cedar is not growing around here normally. It can grow. White spruce, same thing. It can grow. It doesn't make any sense to me. Who? I don't know. I mean, just do you can do white maple. I mean, I like going with the person in Westminster for sure.
Yeah. Um, he has arborities, too. I just don't think they're like we're restoring. We're trying to restore the front yard if we can. I mean, there are options beyond those I think we can go with. I mean, I think the red nipple
will probably stop sprout, right? Yes. And so, I mean, even it's white pine. I mean yeah it's but it was already growing there. Why do you cut it down? Uh in terms of it Well, the reason it
was cut down is because of uh it being falling on the car. But how far away are we now from where it parks? Um how far away would would they're looking at white pine planting white pine?
What you say? Pine trees. Planting pine trees. Not far from the house. Whatever. I will I would just keep my house. Can you protect my house? No. Just so we can do 10 white pine then. I guess at the
very least red. Red spruce does grow out here in lowlying area. So I'm just trying to keep it to what's already here. What you took down? I mean what came down. We should put back up, not swap it up with something else. Well, the reason I was swapping out is cuz it it's sturdier.
It's a sturdier tree. And uh listen, every time I see the pictures of what happened there, I get more upset and get more like, no, I want what I want and what the commission wants is it is not an option. It's just it's devastation. We'll do the best. Yeah. I I appreciate
you love staying local and doing that research. Local. Yeah. Can you just kind of go instead of Home Depot? Well, local species are important, too. That's kind of what's growing on that site. We're we're trying to we're trying to have this this uh
wetland restored to what it was before it was illegally um messed with. Well, yeah, it's predominantly the buffer zone that was altered. Um the wetland area itself was shrubs and cattails. So,
yeah, between 30 ft of Yeah. So, you're proposing to cut some of those trees down smaller and getting them out of there. Yeah, cutting them into smaller pieces. Um, at first we thought we just would leave it just leave it all there and just let it decompose, but it's going to
be hard to plant things. Um, so looking at hand cutting it potentially a small bobcat along the total slope to put the logs into to take them out. I could stake the limits of that
uh route that the equipment could go in to keep it out of the wetland and right at the totally open soul. You guys that centuries old. Yeah. You that doesn't Yeah. And then wood chips. Wood chips is
a slope that extends out to Temple Street. Yeah. Um potentially blow them on that slope or you could pile them and use them for erosion controlling potentially. I guess not sure where else to put them.
I mean, they won't decompose once they're chipped up. I don't know what to do because I mean you start pushing push Temple Street, they're just going to wash down Temple Street, right? Uh is it too far out? Yeah, it it the slope I don't remember the elevation. The slope is below Temple Street. Oh, okay. Okay,
I guess get them out of there. That's fine. Unless you guys have any issues with that. That's fine. I know Prince, you've been out there a few a few times. You're all right with that little blowing that way. Yeah. So, where it shows the white spruce on the planting, cross the white spruce off
and put Yeah. What about the river birch? Same thing. Uh, well, eventually the neighbor grows here. It does. They call it a river birch. Black birch. You guys, the tree guys, I mean, they I'm going to go with what you want. Does grow here.
Doesn't mean it's supposed to grow here though. It we don't have it that common. It's it's it's to me it's looking like to me this looks like a landscape plant. Yeah. This landscape. Rich River birch is often at the Harbor Forest. We have gorgeous back but it's it's a landscaping tree. It's
not Yeah. Especially with the dead with the the furly bur. They aren't growing there. Yeah. That that's my base thing. I'm trying to get stuff that would normally grow there. Actually, we're doing it uh for the size predominantly in the shading over the wetland. I mean,
yeah, but that canopy is not even really going to affect us the wetland. It's too small, right? I mean, that's the canopy you're showing. It is right right there. I don't understand why you're, you know, the high blueberries name and it's been, you know, sort of approved. Yeah. Why
Why don't we have more blueberries over there instead of river birch or beside back yellow? That would be fine. Yellow birch would grow there. Yeah. Yeah. Yellow bird growing out. Yeah. Yeah. Okay. Yeah. Is that okay? Yes. Yellow bird be fine.
Okay. So, you're when you you're going to let us know. We're going to keep this this enforcement order open, right? You're going to let us know when you're going to start the work so I can get this moving. Yes, the plants come in Saturday, the all the
shrubs. So, what I'd like to do is because all of that brush is coming out, I don't want them to get killed, trampled, so we heal them in um along the side of the cattail marsh. Uh there's some trees behind it and but they can be put in the good monkey soil
over there and as soon as that brush is all out of there and there's a place to put them. So, I saw like this is going to be kind of kept uh for two years and kind of reassessed. How is that going to work? Who's doing it? Uh it's up to the
land owner, but uh a wetlands person needs to go out or or a uh somebody with a knowledge of the plants to determine whether or not they'd buy a home. Well, how is the commissioner are we going to be how can we monitor that right now? Is there you might want to talk to your
client in that and figure out how how can we quantify that in two years that someone's going to come back to us and go here's what it looked like here's our plantings and here's two years of growth. Well, you get the letter that says monitoring for two years you should expect to plan otherwise the enforcement
order is still open. Yeah. You typically what I do is I write a report sometime during the growing season saying x number of plants were planted and uh this is you know one of them has died. We're going to replace that one or uh I
had a replication area in Peters and the seed didn't take I had to well the land owner decided to mulch it and it needed to be open to the sun. So well that's my concern is they don't understand what this what this entails. Yeah. So how many trees do you think came out and how many are we putting back in? Are we
close to 50/50 match? Uh yes. You think so? Okay. So speaking of the um a couple things go ahead. So just we could make an order of condition that the landowner hires a a wellness consultant to write a
good report. I I don't want it's not a notice of intent but it's it's the enforcement order and the a requirement of the enforcement order. Um I don't know you you send out a cover letter. So if you get the existing enforcement or just monitor the
uh restoration we just ratify the original enforcement order to include a stipulation for a report by September 1st. An addendum. Yeah, we'll do an addendum. Okay. Yes. And my other question is about the um
the the seed mix. Yeah. Um I'm, you know, I saw your species list and and I'm sort of of the opin and this is like I want to discuss this if we can. Yeah. I'm of the opinion that most the earth will come back. Yeah. So why even bother with the seex and introducing species
that were not there? No. I would let it come back on its own. Really? Yeah. It does. Yeah. Because they didn't go in there and grump the place trees down. Right. So, I mean, I would, you know, I would suggest, you know, when you're making these species alterations, the you're replacing the white spruce with
white pine, the the black birch or the betronaga river birch with yellow birch. And I would make a suggestion that we don't do any of the seating. Okay. No, I prefer it to come back. I've seen it come back. It's again, you didn't trip the trip. I'm sure that
you Okay. So, remove the seat. Okay. Okay. Well, the Senate will do an addendum and Okay. Thank you. Keep that enforcement order open. Um, someone like to make a motion to continue. Um, how far out do you guys want to push this thing? Do we even need to?
Um, in terms of getting everything planted. Yeah. Um, it's probably You want to push out a month to just check it out? I was going to say about a month. What's that? What do you got for another day coming up? Should be the first one in January. Yeah.
We only have one meeting in May, right? June 9th. Want to touch base there? Okay. So, would someone like to make a motion to continue this um to June 9th? 36 Nicole Terrace. Someone like to second that motion. I'll second. All in favor? I. All right. Next is uh 282
Brookside Drive. How you looking on that one? Well, it was in cooperation. It's very interesting. the uh used match macro and found that the frontage
um is owned by somebody or we don't know the developers as part of the subdivision which I don't know what that means but uh this is the I put the data layers on for the uh conservation land and that piece of land where the land
owner's irrigation system extends into is part of unknown parcel here. So you can anybody go to the tax map and see who owns it or anything? Uh the assessor's map says North County owns it, but we don't according to our That's the problem. So
Justin was kind of looking into it, but we haven't found an answer yet. However, it was a lawn and nothing happened on that portion there. Some a bunch of the tree cutting further down the hill is that parallel as well. So you can you just look a little bit more deeper into
Yeah, I'll be I'll be continuing that this week. Okay. Okay. So, uh we noted that the evergreens pretty much had enough uh
regrowth going on. Um and the ones that are, you know, young will have some sunlight now and be able to take off. But the deciduous trees that were cut, um, we're looking at eight deciduous trees that need to be replaced. And the
recommendation was for red maple and black. What size of these trees are you going to put back? Uh, I have to see what comes in with the stock, but size. I mean, we would prefer
bare root to be planted just to not um bring in any invasive material. So, they'll be pretty small to start. Yeah. They're in a 3 and 12 gallon bucket. So, you know, they're Yep. They're not 18 in
in high, but they're good 3 ft anyway. Okay. You guys are all right at that. Yep. So, as far as any other repairs that need to be done, uh there's some of the branches from the trees that were cut on that
land are on the uh property of 282. And we agreed that those could be just dragged over and left. They'd be left there to be decomposed habitat and so on. on the land on this property. Um he would like to cut up the wood again by
hand chainsaw and take the pieces of wood and stack them near the house and the fence on the side of the house and get rid of it over time or Yeah. Isn't that cool? So when you say drag the stuff to the back of the lot,
does that mean away from the water or toward the water? So there's two different draggings. Yeah. Yeah, just the like tops of the two small trees just drag over land of the grass. Oh yeah, but we just figure it's easier to do that. It's not big of those.
Okay. Does the property understand where the boundaries are now and where the wetlands and the riverfront and all that fun stuff? Yes. Yes. And we actually found that the river has rebooted itself from the uh aerial
photography and so it's a bit closer. I choose some uh I did a 100 and 200 foot. Yeah. Uh so yeah, the riverfront area goes right to the center of the house or thereabouts. So
I looking into I was looking into some potential for some little signs. They wanted $145 for 12 of them. So, I'm going to talk to the Ashby Conservation Commission who does have some and see if I can't block out the
word Ashb contact. We'll see what it can do. But North County is going to be remarking our boundaries as well. So, that will be at least marked. But that mystery parcel, we may have signs
the square or the diamond. And the survey didn't put stakes in along the entire property line up to the limit of this. You don't talk about this whole $140 a cheap repair. I'm sure what's costing them. So I don't I don't
think that's not reasonable. See see Justin after we might be able we might have some signs. Oh, okay. Yeah. Go ahead. I just wonder if we want to add a similar addendum that would require a two-year revisit and monitoring. Yeah. So when is
that work going to start? Same time frame. Yes. It is getting all these plants in in two weeks. Okay. So we should push that out to the June. Yes. Okay. So we'll make the addendum for the two-year kind of making sure they're growing. Um now obviously
watering those whose responsibilities that going to be landown even on on their property they need to be watered closely. It depends how they establish, but we certainly don't have access to the water there. So, other than the
bucket in the river. Yeah, they shouldn't be having the water. Somebody cut the trees down. So, yeah. Okay. If you allow them to run the hose over there and water the That's not the Yeah, we'll put that on the add agendum and we'll have it ready for the the um the June 9th. So, I like to make a motion to
um continue to June 9th for Brookside Drive with the agenda prepared in advance. I'll make that motion. So, a second. Second. All in favor? Thank you. Uh, next is 125 Snake Pond Road. Is anybody here to represent 125 Snake Pond
Road? No, we're going to remove this from our agenda for now. Send them a notice that um it's been removed. They haven't been showing up and proceeded with any information we requested. Uh, next is Zero Tolkit AB. Anybody here for Zero
Tolkit AB? Come on up. I'll read this while you're getting ready. The Gardener Conservation Commission will a joint public hearing under MGL chapter 131 section 40, the wetlands protection act. The city of Gardener We Protection Ordinance under determination of applicability followed by David Foster
of West Minister for activities associated with the construction of a single family dwelling set to take place off Talcat Avenue. It's map and parcel M17-8-8 gardener mass light grading work and vegetation trimming are set to occur
within the buffer zone of a boarding vegetated wetland. Correct. Your name is Donald Foster actually. I think it might say David. Oh, I'm sorry. Oh, that's okay. I'm not sure. I don't know if it was misread or No, it's mistype. Yeah. Yeah. To kind of
get give us a little road low down what you're talking and your project and Sure. So, I've already been to ZBA. Uh this was at one point in time um a residential neighborhood. Uh still res neighborhood, but when they changed the zoning a while back, they pushed us into industrial zone industrial two zoning.
Uh it's a 40ft setback. I was able to get a variance for the sides and the frontage, but they did want to do one for the front. So, what that does is it pushes the house a little further back. Uh, so not into the 100 foot barrier, but I'm seeking approval um through the
form of the RDA. Just basically there's no grading. If you look at the sides, there's very narrow setbacks. So, there's there's not going to be grading because I I can't, as much as I'd love to raise it up and walk it out, I can't slope it into the neighbors. So, what grade we have is going to be maintained.
Just it needs to be. There's no other way. Uh, this was at one point in time a garden, so it's nice little. I don't need to do much there, but they did have some blackberries or raspberries. I'm not sure this time of year which one of the two they are. Just kind of hoping to clean those up. And then there's no
house as you can see in this area. And I am proposing putting a sil fence in to maintain it as it does slope down. Um, any material that's excavated from the hole when filled is going to go into the front yard anyway. It's going to allow me to get the mixers up there. That's well out of the area we're talking about. So, it's not like I'm
going to be piling fill in the back or anything like that. In this area that we're talking about, but in the course of the building, I just want the up front. Obviously, we might need to go back there for something, which is why I'm here. The sill fence is 65 ft. Obviously, nothing's going back there,
but to get around the back side of the house when we're, you know, building ladder staging, cleaning up a little bit of the briars, um, so it's all brier. It's all briers now. It's all briars. There's actually two trees. um that are outside of the area.
Um but I just like to point out that they're there but otherwise yes it's all it's all fires. So has anybody did a wetland survey and marked everything out and confirmed this or where did these these numbers come from? So we pulled the numbers from the GIS. Uh Justin and I didn't go out there and measure it and
we were very conservative I would say in where we were looking. Um and even then like I said we're still out of it. At that closest point, it's aboutund I don't know. At the closest point of the house, it's about 107 ft. Uh, roughly is what I'm going with. We measured from
the wall. It actually shows that it's further back, but we just wanted to be on the more conservative edge of it. Where is this? I mean, there's not much to go on here. Is it city sewer, city water? Yeah, city sewer, city water. Driveway curb cut. Where's the driveway
going? Uh, so the driveway is not shown on there. Uh the driveway is just going to go in the front 25 ft of the house. It's not going around back. Not going on the side. Nope. Nothing in the back. Stairs. It doesn't show stairs. There's a side entry on the side. 13 ft.
There's a side entry. There's no deck in the back. There's no stairs in the back. There's no none of that. You guys have any questions? No. I'm just appreciate you explaining the zoning because it didn't make sense in the plan. Yeah. It doesn't jive like my Well, it's totally resial neighborhood,
but when they just kind of took a broad stroke and unfortunately for me, so I my concern is um so that we don't have a similar situation to what's happened earlier on today. Yeah. Um I can't picture most
land owners wanting a whole backyard full of blackberries. No. Um, so you know, I hope that there that there could be some uh signs of demarcating the buffer zones so people know that they can't do whatever they want. Okay. I
don't know if this is on if you're going to be occupying yourself. I am not. Yeah. But but it's important that that people understand where the boundaries are and not only where the property where the wetlands buffer zone boundaries are. I can certainly make sure that the disclosures on the house and whatnot behind there. I mean, yeah,
luckily mow down. Yeah. Like I said, where it was it what's nice is that it's it's really not much as far as vegetation. Like you said, it was it was a garden. It will be but it will be. Yeah. Unless they mow it down the lawn. Yeah. It's certainly something I can put
in disclosure with the house. Yeah. Or even in the ground, you know. Oh, you want me to? Yeah. I mean, it's up to the commission, but that's what I would recommend. Yeah, it's fine. Not anything would be a concern. I guess I'm just reading on the negative determination options. We usually a lot
of times we go at two, but Justin and I were just kind of talking and uh so number three is the work described in the request is within the buffer zone as defined by regulations but not will not alter the area subject to jurisdiction under the act. Therefore, said work does not require filing notice of intent
subject to the following conditions. One of those conditions could be signage. Mhm. We're outside of it. But it's outside of it. That says it's inside, doesn't it? Is it? Yeah. This one This one says is within the buffer zone cuz you're Yeah,
cuz you're I mean he's got he's got the light grading. Oh, yeah. I would like to make a motion to approve the negative termination of applicability under the item three which is the work described in the request is with not is within the buffer zone as
defined in the regulations but not require will not alter subject to jurisdiction under the act. Therefore said work does not require the following of notice of intent subject to the following which would be the the boundary notifications um for the would you say 160
I always I mean ideally do both. I mean because that 100 is right at the back of the house. You know they're going to want to put somebody's want to put some lawn chairs out there and um yeah I say the 100 then I'm sorry I just misunderstood that some signage out there. Let them know where the 160
markers are. Oh 60 foot. Okay. I know it's pretty that bounces right in your backyard like a couple steps from the back step. And I'm sorry you were talking this and it's fine. I'm just What are we talking about? A couple like stakes signs you. Yeah, some permanent markers of some nature. I I can't
remember the number, but I know on Brookside Drive some of the houses have them already back there. I have seen them driving through. I'm familiar with the project. Yeah, there's a whole bunch of them that were back there. Um yeah, I mean I do think that we will be, you know, there will be people will be doing something that's 100 buffer zone because
has to because of the zoning. Um, yeah. I mean, I would have loved to pull it forward, but Yeah. Someone like to make that motion. Something you can do about that. I'll make that motion for a negative three determination. So, like to second that motion. Second. All in favor. All right. Thank you. We'll get
the signed and ratified to you for the negative determination. And then I believe he's going to write something up. Is there 10 days? Yeah, there's a certain amount of time that I have to do it, but I'll be in touch with you over the coming days as it No, I I know. And you're looking
pretty good about getting that stuff back in. Is there like a 10day waiting period or something like that? Um, there is an appeal period once there is a permit issue. Yes. Yeah. 10 10 days. What's prior to me work?
I mean, it's not outside of our jurisdiction. So, I mean I mean it's a nice heads up to let them know. Yeah. He'll get that information from the building department as well. Thank you. So, thanks for doing the right thing, too. Cover ahead of time. I I I don't want to
be trying to figure All right. Next up is not for 10 for zero Bettysburg Road. The Gardener Conservation Commission will hold a joint public hearing under MGL chapter 131, section 4, the Wellness Protection Act considered garden well protection ordinance and those attend Engineering
on behalf of Wine Crest um property LLC for the proposed construction home, driveway, and the associated utilities. This project is located off Fett Road Gardener. It's now R 272524. Any portion of the work is set to occur within the buffer zone of
border educated of vegetated wetland. It's D160 0675. Um unless anybody showed up for Betty Spring Road, they have asked for 12. Someone like to make that motion to continue. I will. So to second that
motion, I'll second. All in favor? The order is approved to the uh to continue to May 12th. Uh same as uh the New England Power Company, that's the A1B2. I'm not going to read it again. They've also requested a continuence to May 12th. Would someone
like to make that motion? I'll make that motion. Want to second it? I'll second it. All in favor? So move is approved to continue to May 12th. Uh next on the agenda is Old Duck Pond Dam. Um I will go through this. Gardener Conservation
Commission will join a hearing under MDL chapter 131, section 4 of the Wildlands Protect and Act. The city of Gardener ordinance on those intent filed by Haley and Aldridge on behalf of Mount Chica Community College in the Commonwealth of Massachusetts proposed engineer breach
of old pond dam ecological restoration limited project. This project is located at 444 Green Street, Gardener, Mass. It's mapped R321216 and the work is set to occur within land under bodies and water
bodies and waterways DP160 0678. Welcome back. Thank you. State your name for the record, please. I'm Dennis Bell again. I'm with a company called Haley and Aldridge and I'm representing Mount Wusi Community College. This is for the old duck pond dam breach project. And where we left
off last time was the D raised some comments on April 11th. Uh we briefly touched on them and I responded to them on April 16th. We met on the 14th year and then uh so you could certainly go over my responses and comments.
Okay. Uh number one is they asked about a time of year restriction. I have plenty of copies. I can also put on the screen if you want. No comments. Yeah. No, that's fine. By the way, I'm just going to do that.
Thank you. Thank you. next. Uh first comment was concerning a time of year restriction. I did speak with um the department of division of fisheries and wildlife. They actually do not have a time of year restriction, but uh I
know from other projects people do like to make sure the water is drawn down before the you know things hibernate and there's frost and ice that can scream up if the water level changes too much during the winter. So proposing to do it before you mentioned before about
September 1st but depending on the pering process here we'll see if we can meet that target but certainly before things hibernate. Uh that was number one on my first page. Do you have comments? Uh number two was concerning
what we talked about last time which was about the culvert and the um the appropriate substrate. If we could go past that one for right now because that's probably what we're discussing the easy ones. Three at the bottom second page.
Yeah. Three at the bottom. You're correct. was about the stream restoration. So again, I read we're open to whatever you want to do right now. We've taken out of the project for that dredge permit. So interesting about dredging. Yeah, we got the same response
from the doctor. Uh so if you want it in, you know, no problem. No. Let's see. Number four was on and M plan. I agree that the the project will have an O and M plan and what we'll do is we'll submit it to you guys for and as well as the DP for review and approval before we um you
know publish that that plan. So we'll develop an O andM plan for for the project and and so I agree with that completely. Um six and seven are the same. They took issue with the calculations of the different resource areas. Um they did ask about the
bordering vegetated wetlands and bank because the existing bordering vegetated wetland as the water goes down obviously that'll be dried out a little bit. So I agree with them. We did not include that before. So there is a new calculation um on the and I submitted a number a new
WPA3 form with the additional um resource areas that will be impacted. Uh number eight is about a planting monitoring plan. So we're going to be doing 2.7 acres of plantings, hundreds and hundreds of of new plantings. And I
agree with them as well. So certainly the college will will get this um we will have a monitoring plan and typically you know we will monitor over two seasons ensure that at least 75% of the species that we plant or replant
them you know very typical stuff. So we agree with that as well. Yeah not a problem at all. So the the key one that I I think about is the the culvert. Last we left off we proposed an 8 by8 culvert with the appropriate
substrate inside of it. And somewhere in the middle of my package, I put the schematic, which I put up the screen last time somewhere in the middle. And then I just walked through the reasons why I thought it was
appropriate and meeting the guidelines. Um, so by chance. Okay, great. Uh, so that's basically they what you're doing, right? Right. Yes, that's right on Ma Mass website. That's one of their uh social medias.
They're doing the same thing. Yeah. So, we're right on what I was asking for. This just came out today. Okay. Okay. Greg, can you explain that? What is that? It's just it's a picture of the state doing it. The same thing we're talking about we we proposed. Okay. What
we modified. And that's got the concrete with bottom. Yeah, with the bottom substrate. Yeah. Yeah. So, yeah, they posted that today and I saw it and like Yep. Okay. So, you guys thought I was making stuff up.
No, I I'm This was the preferred option I keep going. Keep going. I don't have anything else to say. Yeah. What? No, go ahead. Any questions from
us on this? Anybody have any comments? Yeah, get a chance to read. [Music] gonna ask a question. You're going So this is a 8 by8. So you have to kind of like do that little mound up, Tom. Is that right? Yeah. You have to correct. We do have to mount it up to get up and
over it. But I just don't see how getting material in there way to get in there. Yeah. So you're going to come before us for the plantings plan. And No, it's already in there. Well, you said they were adding to it. So you added to it.
Maybe I misunderstood what you said. Okay. The state I might have misunderstood if you could just I can explain please. The state had comments about the wetland resource calculations that we did and after
looking at it I agree with them. So the existing border wetlands on the edges of the pond outside the pond, right? The groundwater is within a foot of the So this existing water quit wetlands. Now we're going to draw the lake of the pond
down 5t. So those watered wetlands are going to dry out, right? The water table is going to dry down, but they're going to be new bordered wetlands. So, we're going to um impact 71,000 square ft of existing bordering vegetative wetlands, but we're going to make 109,000 square
ft of new boards. So, they asked me to recalculate it and I recalculated and submitted our new WP3 form. Yeah. To uh to the D. Okay.
So just the M. Yeah, I think if I don't understand operation and M and then the monitoring plan those two items that should definitely work have any questions or comments with everything that's
proposed. You're happy today. [Applause] So, um, go ahead. Here's the here's the, uh, yeah, speech. [Applause] might buy it. Yeah, it's on the left side of that
next right here on the drawer. It's the [Applause] last stink. We're getting old. So is I can put on the screen as well. No problem. I got the whole drawing set. So is there
forest? Is that the sort of the current extent of the border shrub vegetation? No, actually the new planting plan is all going to be within the existing pond. Oh, okay. Okay. Right. Yeah. So we're not going to go into But this is the
draw. This is the draw down. The the blue is the new shoreline. The edge of the repairarian forest is the old shor okay now I'm seeing it correct
blankets like Feedback is welcome. We please that's not a sweep is not made to Yeah. Glster Glouster further south.
Yeah. Yeah. Oh, you guys have a discrepancy here. Well, I would I would date that for me. [Music] So, when are you thinking you're going to start this and what's the duration
for the project? Uh, the duration is probably 3 to four months to get in and out and then we'll plant next spring hopefully. But uh I will say that getting through this is one permit we need. There's some others.
So uh hopefully this season get there. So I'm just curious about the the plantings. You know this is a massive project of course member of seedlings. Um how do they actually position those
when they're on site? Um like like 8 by 8 and 4x4. Yeah. You know, do they put all the the quickep color over here? And how do they I've seen a bunch of Oh, no. They sporadic. I
think it even says in the notes. Um Oh, yeah. This is the first time I've seen this. Oh, it is. Mixed species right there. You haven't seen these? Not seen this. No. Okay. [Music]
Yeah, it's in the in the presentation. Yeah. Yeah. Yeah. So, no, it's it's mixed um right here, right? Mixed species on 8ft centers and sporadically go about it. There's a whole army of people walk
out next step. Whatever comes out the truck, do the next stuff. Who's going to oversee the project? You're going to be on Yeah. And is it And is this going to have to bid or Yeah. Yeah. Yeah. It's a It's run by the state,
right? State money. Um call it included resources. You guys uh is there anything else that we need to kind of review before we proceed with a vote on this? I think they pretty much resolved everything. All the comments closed already. I we
had it in the beginning. Okay. I normally would say yes, but public hearing. No, I mean we did. What's the difference between that and opening it up for the beginning? No. What is it? What is the difference? I guess I'm asking. Go ahead. Quick. New
information. No, it go my my question relates to the reasoning behind doing this. I know that you said it the first time around, but what is the reasoning for doing this
project? It has to do with the dam and the dam is failing and has been reported as such. So, basically, you're repairing the dam, but you're not repairing the daming or reaching. They're basically breaching
the dam and letting it flow across. So basically it finds its own level. Yeah. Yeah. Yeah. Yeah. We talked about what what that entails and Yeah. I know it seems odd, doesn't it? Like that I I
I've listened. I know you had all the time faithfully. Y I I just wanted to make sure that we were all clear of why we were doing this. Yeah. Not that we're doing it because we want to do this. Right. The dam is beyond repair. uh the feasibility to complete the the repair of the dam uh doesn't actually make
sense anyways. Um it was probably man-made pond back in Yeah, it's a it's a Haywood pond. Yeah. Hwood pond. Yep. Yeah. To say thank you. All right. Anybody have any other
comments or questions? Would somebody like to uh get a return for termination or conditions on this one? So, I'd like to make a motion to approve the u the work as proposed.
I'm sorry. So, like to make a motion to close the hearing on uh Old Duck Pond Dan Reach. Thank you. Make a motion to close the hearing. Someone like to second that motion. Second. All in favor? So, I'd like to make a motion to approve um the uh breach of the old duck pond
dam as proposed with the uh order conditions of a approved on and manual and monitoring processing procedure. I'll make that motion. Want to second that motion. Second. All in favor? Thank you.
170 Mil Street is um going to continue again. I'm going to reach back out to mask and safety. So, let's push that out to the June meeting, that June 9th meeting, and I'll I'll copy the commission on my [Music] correspondence. Like to make a motion to
continue to June uh June 9th. I'll make a motion. like to second that second. All in favor? Just quick question. Did we ever close the hearing for the RDA for we'll just do it for official like make
a motion to close and close the hearing for zero call. I'll make that motion. Someone to second that motion. Second. All in favor? Um, new business is uh 549 West Broadway fired run off towards the areas of
jurisdiction. Give us an update. Uh, yeah. So, I contacted the individual that was working on being retained um by the property owner. Fortunately, they did not get retained by the property owner. So they're um so the status of um
retainment of an LSP is unknown right now. Um but I will be reaching out to them and the emergency response team and the leaders to see what the status is on that so we can coordinate properly in order to um get the paperwork in play for them
to be able to remedy um the leftover situation that's there in the neighboring wetlands. Isn't there a timeline that they have that this can't just stretch out further? I think we should get this resolved by the June 9th meeting, if not even sooner. I mean, what if they just don't retain anybody
because they don't want to retain somebody? I'd say we want an update for the um the May 12th meeting. I can get an update by May 12th and somebody on I mean, they got to they just can't keep track of themselves. We want an update and um somebody on board uh on their behalf to rectify the situation by May
12th. Yep. And then a nature trail update. Um, yep. So, the contractors have beun working on the nature trail again for the spring season working on it. Um so
they've started to um they have hydro seated um they have I went on a quick roundabout site I visit today and noticed that all the fence posts
are pretty much up both the wood and the channeling fences by the um by the lake um and they've also planted um in addition to the hydro seed I also noticed um a line of Harbor By towards the um substation end of the
trail where um that's going to serve as kind of you know both a little bit of protection against you know if there ever was any kind of storm water runoff being pitched there and it'll also serve as privacy curtain between residents
that um that live close proximity as well. Um I'm going to be doing regular weekly um monitoring just to make sure that you know things are growing properly that if there are any areas of concern we can
catch them and you know tighten them up before um the space of the project closes out. Um, I did note that there are a couple spots that still need a little bit of fixing on the main trail itself before the top coat. And um,
there are a couple spots where the erosion controls do seem to be a little bit um, loose. A little bit yeah, a little bit um, loosened or or over encumbered in some places, but not failing. Um, so I'm just going to make
sure that we do our due diligence to make sure that all that's taken care of. And then I believe they're also projecting to um try to finish the paving um this Thursday they're saying that's the estimated one. Then they got to fix
those edges before they do that cuz it's going to do it again. And then didn't we want Do you guys remember we wanted signage? Yes. I was just thinking check on signage. you know, signs for the public drinking water and stay on trail. I forget we had something along that
along that fence. Yep, you're right. You know, at least a couple of them. I don't know if we specifically said how many, but at least at the beginning, I think there's one somewhere close to the beginning of it anyway. Yeah, on this on the cemetery side. Yeah, on the cemetery
side. Remember that. And then um trash barrels, right? Is that part of it? Okay. Yeah. We just want to make sure that those trash bars are emptied because over at the pickle ball courts, you know, we had some issues with trash over there and our agent was going over and dumping the trash on their breaks
and lunches. It's not their responsibility to do that. So, I just want to make sure I'm not into that again. Okay. I think we were going to have doggy pickup bags, too, weren't we? And I have one of those cuz they have they have them on the other trail on the other side by the hospital. Yeah, I saw
that. The beginning and the end. And I think I think we actually called for two, didn't we? One or two at least. So that came up. Just might want to just look. We definitely qualified it. Are there going to be posts so that cars can't drive on it? I think cuz remember
that one resident said that the one who lives by the substation said there were cars driving on it. Now, I don't think they mean that. I think they mean up that road up the up the entrance to the Well, yeah, maybe. I guess. But you know how right at the pool there are one
there are barriers there are barriers so people can't drive can't drive on on are there going to be I know they put a little medium in there at the beginning and the end but a car could still still drive over it I don't remember if we asked for that or not. Can you just make
sure I think I think the barrel one of the trash barrels was supposed to go on the center of that. Oh okay. That might be Do you remember that? Did you see the median that they had? I was I I walked it on Sunday a Saturday. Yeah. I was telling Justin that there's so many people that walk on that trail and then
get off the trail and still walk where you're not supposed to walk. Yeah. Yeah. Yeah. Along with the dirt bikes that literally repeatedly go around Brook. I understand. We need to get that resolved. And then um I asked Justin or
Justin's going to go with um the board of health. I don't know if it's in our jurisdiction. We got to look. Maybe it is, maybe it isn't. But if you're getting on route two um from Parson Pearson Boulevard heading towards Templeton, there's like almost kind of out there. It seemed like it
went away for a while, but now it's back 10fold. There's there's street signs there now. There's plenty of services local and from the state, and we need to get that cleaned up and out of there. It might not be. It's going to take a ride out there, I think. um later this week, but
it got it needs to be cleaned up immediately. There's no excuse. So, it's it was cleaned out three years ago during Nean's spring cleanup. Yeah. But since then, it's gotten bigger. It's like it's
bad. Yeah. I've got notified by it from somebody and then I I looked on Sunday. It I haven't seen it that bad in a long time. So, it needs to be cleaned out. It's a border of health issue. Uh if it if it isn't ours. So, Let us know.
Anybody have anything else business? [Music] Anybody audience anything? Go ahead, ma'am. You state your name for the record, please. Mary Marsh. Thank you. 158. Um along the trail along our
drinking water at Crystal Lake, the people don't pick up their dog mess. Which side? The hospital side? No, by the um the swimming pool. The new the new the new new trail. The new trail. Okay.
And I've also noticed that they'll the ones who do bag it will throw the whole bag into off right off the side of the trail. Is there any way I could I don't know how to change that
and then put more more trash barrels out. Right. People are so jiggy. So throw it on the ground right by the trash. Yeah. Well, I don't know. Well, I don't know how to police that other than literally have somebody standing there watching them do it. No, I don't. Is that a danger? Well,
I know they put plenty of chlorine and stuff in the water, but other than not allowing dogs to be on that. Yeah, I I don't know how to handle that. I've seen it. I was I actually walked the hospital one on
Sunday and it's there's like dog baggies right there and there's still dog Oh yeah dishes everywhere. Yeah. I think what it needs to happen is all the people that are using those trails when they see it call it out. It's like this trash bags actually that one has I think
has three bag holders in it and they still do it. So the only way to do that is self police it I think. Is that is that something the board of health would do? I don't know. What are they going to do? Sit out there all day and wait? I don't know how else to do it. Yeah. Well, maybe
forbid dogs from going on that around our our water supply. Well, I'd like to respond. Also, say your name for the record, please. Vicki. Hi, Dor. Um, I live on Crystal Lake Drive
and I would like to see another dog waste podium at the corner of Crystal Lake and Park Street because that's where all of the dogs come. And if there's a convenient place right where they are, um, it makes it would make it
a lot easier. Can you take that with DW? See if we can get that one out there. I'll see you. Yeah. Okay. And and the other thing is that any person who walks and sees a dog waste
bag can pick it up and put it in the dog barrel. You don't have to. Just because it's not your dog doesn't mean you can't pick up dog waste. I'm sick of picking up the dog head. That's the only way. It's the only way. If citizens do it,
then it's going to be clean. I'm done cleaning up after. Yeah. Anybody have anything else? No. Someone wanted to make a motion to end tonight's hearing. I'll make a motion to end here. So, want to second that? I'll second it. All in
favor?