WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=J-_CxWttEyo

NOTE
MEETING SECTIONS:

Part 1 (Video ID: J-_CxWttEyo):
- 00:00:05: Meeting Opening and Approval of Prior Minutes
- 00:01:58: Emergency Tree Removal on Scantic River Discussion
- 00:08:10: Reviewing Conditions for 24 Ridge Road Project
- 00:22:53: Split Rail Fence Proposal and Commission Discussion
- 00:32:33: Concerns Raised Regarding Jonathan Property Violations
- 00:32:57: Discussion About Bylaws and Property Inspections
- 00:41:05: Warrant Concerns, Access Issues, and Neighbor Input
- 00:51:58: Timeline Recall, Potential Agricultural Exemptions Abuse
- 01:00:29: Statute of Limitations Clarification Discussion
- 01:07:11: Further Violation Investigation and Financial Implications
- 01:12:24: Discussion Eversource Tree Removal and Maintenance
- 01:16:50: Open Space and Recreation Plan Meeting Requests
- 01:18:45: Meeting Adjournment


Part: 1

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Okay, everybody's here. I guess open the meeting for March >> 18th. >> 18th 2026 for conservation commission.

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Um, want to do the minutes first? Last year, last month's minutes. Questions, comments, concerns on the Make a motion to accept last minutes as they are. >> I'll second it. All in favor? >> I

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Okay. So, which one you want to do first? >> Oh. >> Oh, did you want to make a statement on something? >> Um, >> yeah. >> Not yet. Do you want to start with the entry?

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>> Entry. >> Wait. >> Okay. Um there was a there's a volunteer scantic um and we just were going to do like emergency circulation form for it >> um to ensure that when they take it out

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there's no issues with conservation or anything. >> Where is it? It's um it's in like the 700 block on Main Street kind of >> kind of like between the town hall and laughing broke on the right side kind of

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>> it's a small white house um >> behind a residence >> an antique >> yes >> it's been here forever >> is it causing issues >> it originally was um and we wanted to it

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out before the uh ice flooded it, you know, when it opened it. Um, >> but I think the tree split in half already, so now I think they're going to take it out with a different method. So, they just

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need our our signature or the commission signatures for it. >> How are they removing the trim? >> Are they just >> cutting it flush? >> Well, um, let me jump in here. Well, the tree um um like Joe was saying, we got a

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call um one of the men called us last week about the tree. It's a decent size and it was covering the scantic. It had fallen and just collapsing. It was dead >> the whole thing. So, I talked to Dana about it and um uh

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since and Dana was going to um go up there and speak to George >> Hudamash I think is say his last name who lives in the house. And um uh Dana explained to George that um when

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people live along the river and if a tree goes in that um it's the person the homeowner's responsibility to get the tree out of the river >> and um uh which is too bad but that's the way

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it is. So, in any event, since that discussion took place um the other day, um I got a call from Dana and um just from the last storm we had, the um Scantic was running really hard and the

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tree is was so rotted that it just split in the middle. So now you've got a tree on each a section of the tree on each side with some area in the middle that at least the river can go through that area because as you know in a in a few

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weeks we usually get those big chunks of ice coming down this. So, um, Dana went over to look at it today and he was going to help George out, but there's some kind of a big cable that had been

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must have been put around that tree >> years ago >> to hold it up >> and um Dana did not could not get through the cable to get the tree out. So, right now, um, we're just waiting and George, um, Dana gave George some

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names of, uh, some people that would give him somewhat of a break to get that, um, tree cut and out of the river. >> Is the cable connected to anything or doesn't anybody know cable? >> I I don't know. That's all I know about

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the cable. Um, so we had, um, Joe and I had filled out, um, an emergency certification form last week before all of this happened with the trees splitting and everything because, um, uh, it's considered an emergency because

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it's blocking the Scantic River and this time of year, you don't want that to happen. Um, but we're going to have to change that because we have the date that um, March

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11th and that came and went and they were still trying to figure out how to get the tree out. So, um, all I'm all I'm suggesting that the commission do is to, um, sign their name

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and print their name on the back page, the emergency certification form, and then I will get online tomorrow and redo the front page. I mean the address is the same, the reason for the emergency is the same, George is the

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same, but the um I want to make sure that the visits and um the start date match what whatever it's going to happen. So rather than call you back in in a few days just to sign this if if you want to sign it now, then we can do that.

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>> Are there any pictures tree or anything? >> No, I didn't we didn't get any pictures. Did when the tree fell over, did the root system come up as well? >> Do Did you notice that? >> It It wasn't that significant. >> No. Okay. >> I drove by and it's not that crazy. >> So, there's still a foundation to Okay.

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It's probably been dead for a while. So, >> yeah. >> Just went. >> Yeah. >> I had some according to Dana, it's a cedar tree. >> Oh. >> And he said once they start dying, they >> Yeah. >> go.

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>> Okay. Yeah. So, um, I'll pass this around. Sign it here real quick. There. >> Okay. >> Please. >> I didn't type any of your names in, so you don't have to look for where your signature goes.

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Yeah, you could have Thank you. >> All right. The next thing on our agenda um is uh reviewing um the conditions on the order of conditions for 24

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um Ridge Road and um uh Mr. Dasco is here. um the um builder and owner. You still own the property, right? >> Yes. >> Builder and owner of the property. And um he's been um right on top of

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extending the orders of conditions so that um his orders are now extended um for about a year and a half until November 6, 2027. And um the reason that the commission is

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calling you in is because it's been a long time and um they just wanted to um review um especially the um 21 special conditions that the commission put on the property at that time. Um I have to

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also say that um uh Mr. Jasco also has a um conservation restriction on um part of lot 24 as well. There's a a brook and a lot of wetlands involved and um he was

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he was right on top of that as well. And um this is all signed and everything for the conservation research. Um so on on conditions did I did I give

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everybody no copies? >> Um >> okay. Well, the first the f number number one is that the um uh work activity all the orders of conditions have to be um

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recorded at the Hampton County Registry of Deeds. Um is that done, Mr. Gasco? >> Yes, it's been done. >> Okay. Usually, I'm sure it's in here then. Usually I get a copy of that. >> Yeah, recorded copies.

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>> Okay. as well as the extensions. >> Um all right. So and the conservation restriction is done. Now condition number four, a wetland specialist or equivalent shall be retained by the applicant um Mr. Dasco

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to oversee the implementation of the order. The specialist shall be approved by the Hampton Conservation Commission prior to the initiation of any work activity. Um, do you have a wetland scient? Oh,

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>> uh, Don Frederick from Sherman and Frederick in Palmer. Our office will be handling that portion of it. >> Okay. With your approval. and and Don's been they did the septic design, they did the survey, they've been with this

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side >> since the start, right? That was our site plan and everything that was submitted with the order. >> Okay. Um the site contractor I'm just going to read these because my commission members don't have um the

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site contractor engineer or parties responsible for regulated work activity shall be made aware of the conditions under this order and its proper compliance. Verification of their understanding shall be submitted to the hand and conservation commission prior

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to their project involvement. Um I'm assuming that you have a copy of the orders and conditions. >> Yes. >> Um the wetland specialist shall submit at the minimum bi-weekly status reports

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during the active construction period. >> So let's have a question on that. I just want to clarify. This is supposed to be during site work activity. So, it doesn't make sense to have a wetland specialist come out when we're doing

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drywall interior work. And >> yeah, I I can see what you're saying. Um, >> so during >> Well, I think when it says prior to the to the project involvement, I think that I think that probably referred to the

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site >> ready for construction. I'm talking about number six. The wetland specialist shall submit at a minimum bi-weekly status reports during active construction period. >> Well, again, I >> I don't think that's interior stuff. >> No, it's excellent.

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>> No, it Yeah. Yeah. It's not nothing to do with the interior building. >> Understand? Yeah. Driveway, whatever. Um and >> just to um for submission of that, we can just email it to conservation

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commission. I didn't >> submit the reports by emails to conservation commission. >> Yeah. >> Um the next one, prior to the initiation of any work activities, the approved

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permanent limit of work um erosion control barrier line shall be located by transit survey and confirmed by the wetland specialist. upon installation of the erosion control barrier shall be inspected and approved

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by the wetland specialist and the HCC notified 48 hours prior to the initiation of any work activity. Again, that's that's the >> just you know the the permanent >> the earth work activity >> the the permanent barriers the permanent

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markers have been installed. We haven't installed the erosion control work is taking place but the markers are there and again that was done by >> our office did the setting of the markers. >> Can I ask when those were done? >> Um October of last year. >> Okay.

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>> Yeah. >> Because I I had driven by there maybe a year ago and >> yeah rebars with caps on it. >> Okay. >> Because at the same time they they put uh um I want them to mark where exactly where the foundation is going along with

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offsets. So they did it all at the same time. >> Okay. >> Um number eight, the wetland specialist will be responsible for requiring additional or modified erosion control and or the Hampton Conservation Commission as needed at any time during

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and after construction. These will be maintained until the work areas have stabilized and can be removed. Prior to the removal, the conservation commission will inspect the site and approve the removal.

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That's pretty cut and dry. Any revisions to the plan shall be submitted to and approved by the commission during a regularly scheduled site meeting prior to the revision implementation. Next one. Construction details for the

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underground conduit construction from the existing utility box to the site and specifically adjacent to the head wall shall be submitted to the HCC for review and approval prior to implementation.

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Details shall include but not limit not be limited to sequencing use of poured concrete conduit vault or equivalent to reduce erosion potential and excavation technique. No work shall occur in this

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area within 24 hours of a precipitation event. Okay. So, just an update there and I I don't know. I guess I'll have Don update the plan, but National Grid, it's National Grid, I believe. Um,

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petition uh the selectman to the utility come from across the street rather than crossing the brook, which I figured would be pleasing to this board. uh they've installed the two hand holes already. So the the utility works can be

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significantly less than what we anticipated um on the plan that you have right now. >> Great. Okay. >> Prior to commencement, the engineer of this project will be required to submit a list of contractors, equipment, and

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acknowledgement to the conservation commission the work and inspection schedule. Um, all construction equipment will be stored at the close of each day a minimum of 50 ft from the resource area.

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Next one. All construction equipment will be inspected prior and during construction for any sources of leaks or contamination to the resource area. discovered equipment be repaired or replaced immediately under no condition will be allowed to work in areas subject

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to jurisdiction while it's leaking. That makes sense. Permanent mark monument shall be set to demarcate the permanent limit of work line. The monument shall be spaced at a maximum distance of 25 ft on center

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andor angle points. The monument shall be comprised of 3-inch diameter, 3- foot tall long cut lally columns filled with concrete. The concrete shall be etched with a W to differentiate it from a

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property marker. The marker shall be exposed 18 in above ground in the vicinity of the proposed rail fence as shown on the approved plan. The fence post will be set in

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concrete to provide permanent monu mon monumentation. Next, GPS coordinates coordinates of each marker shall be provided to the commission. The permanent limit of work monument shall be set upon completion of site

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grading. The co the commission reserves the right to enter this property during the life of this order for inspection purposes. Um now number 18 are conditions that that do not expire.

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A pesticides, herbicides, fungicides and fertilizer shall not be used within 100 ft of the wetlands or within the riverfront. Organic pesticides, herbicides, fungicides, and fertilizers may be used subject to review and approval by the conservation commission.

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This shall be noted in the certificate of compliance and shall be an ongoing condition. Only slow release certified organic type fertilizer shall be used within the wetland buffer. This condition shall survive the expiration of the orders of

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conditions and shall be included as a continuing condition in perpetuity on the on the um conduct the orders of conditions. Dumping prohibited. There should be no dumping of leaves, grass clippings, brush or other debris into

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the wetlands or stream body of water or within 25 ft of buffer of buffer zone. This condition shall survive the expiration of the orders of conditions and will be included as a continuing condition in perpetuity

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on the COC. And the last one of this section, additional alteration prohibited. There should be no additional alteration of areas under conservation commission jurisdiction without the required review and permits. This condition shall

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survive the expiration of the orders of conditions and shall be included as a continuing condition in perpetuity. Next, upon project completion, all sediment controls will be cleaned and removed. The wetland specialist shall be

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responsible for submitting a verification report certifying that the order of conditions has been complied with. The certification shall accompany the request for a cert a certification certification of compliance.

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The HCC shall have the right to inspect the site at any time and at the initial and all future real estate transaction closings. The property owner or design shall be responsible for making the new property owners aware of their

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responsibility with the resource area buffer zone and understanding and knowledge of the conservation restriction. A signed affidavit of this knowledge and understanding shall be provided to the commission within 30

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days of each closing. That are the special conditions. I have a question on number 14. I think kind of mixed up a little bit. So the purpose of the split rail vents, what's

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going to be in lie of having three-foot lolly columns filled with cement um to make it a little bit more pleasing to the eye as opposed to seeing >> lolly columns every 25 ft that are not a natural thing. So I'm not sure. I'm just

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noticing now how it got ridden. So that's why we were going to put the split rail fence set in concrete so they would be a permanent marker. >> What does it say? >> Were you on the Who was on Was anybody

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on the commission when this went in? >> No. >> Greg, were you >> What year? No. If I wasn't, you weren't. >> Yeah, I was after Tom. So you're saying >> that would be up to the >> commission, not me.

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>> What What does it say again? >> Number 14. >> Yeah. >> Permanent monument shall be set to demarcate the >> the permanent limit of work line. The monument shall be spaced at a maximum

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distance of 25 ft on center or and or at angle points. The monument shall be comprised of 3-in diameter, 3 foot tall long or long cut lally columns filled

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with concrete. The concrete will be etched with a W to differentiate it from a property marker. The marker shall be exposed 18 in above ground in the vicinity of the proposed split rail fence as shown on the approved plan. The

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fence post will be set in concrete to defi to provide permanent module. >> So so the posts are going to be embedded in concrete. >> The split rail fence post by Yes. >> Yes. >> Okay. So a split rail fence by itself is

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not considered really a permanent structure. >> Would have to be >> could be if it's cemented >> cemented in. So what's your question? >> My my question is if I do the split rail fence can that's supposed to be in lie of doing concrete build columns just so it's a little bit more pleasing

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>> where the fence is. >> Rest of the part would have to be >> the fence is going to go up the whole limit. >> But if it does if it doesn't I'll I'll do I want it to be either or. wasn't supposed to. >> Right. Right. >> That makes sense. >> Okay. >> That's it.

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>> Because right now we we've installed the limit of work. Don installed the limit of work. Right now with rebar, I believe with labels, >> but that's where the fence is going to go. >> Exactly. >> That's the way it is shown on the plan.

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>> We got it. So instead of the 18 inches above ground, you're gonna have the split rail. >> Exactly. >> Yes. That's >> perfect. >> Yeah. >> So what? Oh, >> okay. >> Yeah, we think it's okay. >> Yeah, >> it's going to be the fence instead of >> either or

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>> the 18 inch. >> Yeah. >> So, how are you going to prevent the fence post from rotting? >> They're they're concreted in. They're cemented into the ground. >> Even if the post rots, there'll be a foundation. Yeah. There. >> Okay. >> Right. >> Yeah. There'll be a marker of some kind.

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Right. >> Okay. >> Does it need to put a W on it? I don't think so because >> Well, I think that I think that you should you should vote on that that >> Yes. >> So that you know because >> right >> huh

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>> you're changing it. >> Yeah. It's being changed bit. Yeah. >> So I think you need to vote on exactly what you agreed on >> for the permanent. >> Okay. >> So I make a motion that we change >> item 16 >> 14

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>> 14. And instead of the 3-FFT with the 18-in above ground markers, we use the split rail fencing all the way through. >> That is cemented in. >> That is cemented in.

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>> I'll second that. >> I All in favor? >> I It just makes sense. Yeah. How deep are those rebars? >> Um, we have um I think they're 24 in,

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but they stick up above the ground a little bit. >> Yeah. So almost >> basically the same we use for probably might even be 36 for property line. >> Y6 and actually have a blue cap that says wetland. >> Perfect.

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>> Those are only temporary anyway, right? >> And they'll put the post right next to Okay. All right. >> Yeah. I mean I >> Bonnie >> Bonnie. So, I don't know if you've heard him say, but right now that line is marked with 36 in rebar where the fence

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posts would go. >> Okay. >> With a blue cap on it delineating wetland. So, >> yeah, I think that's something because you were all have weren't there y >> that you should while that's site.

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>> Yes. Just to go look at that. Yes. >> Yeah, for sure. So you have anything special available that we time just to go look at that. >> Nobody on this board has been >> yeah involved

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>> go there anytime but just let me know and if available I'll try to meet you out there. Okay. >> If not I don't mind if you go without me. >> Okay. So we'll we'll pick a time and let you know. >> Okay. Thank you. >> So you want to do that or do it now?

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>> Up to you guys. I I free most of the time. So, >> tomorrow afternoon, >> what >> whatever I mean time you have. >> I can't. Yeah, tomorrow doesn't work for me. Okay. When does

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>> um I mean >> Saturday morning. >> Uh I could uh swing by Saturday morning. >> You? >> Yeah, >> probably. Yeah, I work Saturday morning.

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>> Okay. >> What? Uh 10:00 9:30. Yeah, sure. >> Later, early. What? >> You got You got three kids. I got one. >> I work I work Saturday morning. >> Oh, you do? >> Yeah.

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>> Okay. So, you >> I mean, you could just drive by and look at it anytime. >> You can see probably see it from the road mostly anyway. >> Yeah, it is. >> If you There's a little >> Yeah. >> Uh where they put the well in before these conditions and all that long time

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ago. The wells already installed. You'll see the >> Yeah. is obviously >> so 10 o'clock Saturday. >> Sure. >> 10 o'clock Saturday morning. >> Where? >> 21 Ridge Road. >> It's lot 24. There is no number, >> right? >> It's the first lot on your right. Yes, you pull in Ridge Road before the >> It's obvious it's been

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>> Yeah, it's right off Glendale. >> Okay. >> And it's the first lot on the right. >> I won't be able to be there Saturday morning, but >> but yeah, it only take a few minutes. >> Okay. this um conservation restriction will go

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along with the um deed I'm assuming >> recorded already. >> Yeah, I know that. But >> county. So, >> okay. >> We need to >> when they sell the sell the >> No, the the uh extension. We all set with that?

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>> He's all set. He's good until November 6, 2020. >> You don't need to sign anything for that? >> No. >> Okay. You made the changes on the >> that was already done by that was already done by um well

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>> Judy Brewer, Ted Zeber, Tom Page >> who did and John Kushman >> do you have some questions? >> Yeah. Were the updates put on that conditions? >> Yes. >> Either Okay. >> So they're all set. >> Thank you.

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>> Okay. >> Now to get a hold of me if there's any questions. All right. So, we will Saturday morning we will just letting you know. >> Thank you. >> What time? Just so I can put it >> Saturday. >> Thanks for your time. >> Take care. >> Thank you. >> Good night. >> Thanks for coming in.

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>> No problem. >> Okay. Ready for the next? >> All yours. So, um, I put a package in issues recording. Um, basically I met with the town attorney

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Rose. We had a long discussion and that >> um basically the main takeaways I we I got from it is that um even though like our bylaws say the commission can go

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into private property and all that um you can't really >> right article 4itution. >> Yeah. Yeah. Um, so I think it's a little silly that it's worded like that, but um, so yeah, if you do want to do a site

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inspection, um, you either have to get the owner's consent or you have to get a judicial warrant. >> That's search and seizure. That's nothing to do with um, going out land to look. >> Well, we're not we're not like searching their property for illegal activity or anything. It's

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>> that's what she told me. >> Okay. What? So why why was the bylaw created? That's my question. Why was that? >> But that's not up to us. >> She said the bylaw is there in assumption the person's under like an NOI or something where they've checked off the consent. Um but

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>> yeah. >> All right. Well, it has to be updated then so we all understand what it means. >> The bylaw. >> Yes. >> Well, this bylaw is like a a statewide kind of thing. Like pretty much every town in Massachusetts has this bylaw. So it's and it's all written kind of the same way which is why it's kind of

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>> but we never understood what you just said there. >> I know before I know it was a shock to you. Yeah. I I was literally like your shirt like I was like this is news to us. >> Okay. >> But yeah that's >> So you have to you have we have to get a warrant >> if the owner doesn't consent. Yeah.

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>> If we >> through the court. >> Yeah. >> Yeah. So, um that's where that's when uh Rose told me like to kind of start prepping and create like a like an informative letter um so that we can either supply this to Jonathan and he

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consents or we can use this information for a warrant. Um but basically like the goal for me today is I I think this has kind of gone on for a long time and I think we really need to just vote to kind of know what we're doing in the

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future. And I kind of put um different sections in each of the little packets. You can see um the pictures, the expansion of the driveway. Um so if you want to just take a second to kind of go through this. Um and I put like an objective under each one of what I would

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like you guys to discuss and vote on. >> Just a side question. Well, not really. The attorney couldn't put the warrant for the commissioner. Our town attorney couldn't get the warrant for the commission. We have to apply through a judge. The judge is the only person that could grant a warrant

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to want property and it's hard to get. >> I know it is. That's why I asked the question. >> Yeah. No, we would we would have to prepare something and then work with her and it be a process. >> Well, obviously they know that. >> Yeah. >> Somebody know.

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>> Okay. >> If it's wetland protected land, that's not private. I think it's it's it's just it's under our jurisdiction to protect, but it's still privately owned,

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right? >> Yeah, that's my understanding. Yeah, >> like in the other case that we're working on South with South Bridge in the orders of conditions that 13 acres

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was labeled as a wetland that can never be touched and it was in writing, >> right? This was not >> there's no order conditions. going on. >> So really what I would like from the

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commission is looking at this evidence I guess is this substantial and something you want to pursue? Is this something you would like to potentially go to court over? Do you think there's like enough like >> Yeah. Is it is it is it bad enough for them to us to continue or just let it go

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as is saying? >> Yeah. Yeah. Like in my opinion, I can kind of see the driveway has been altered and expanded between 2019 and 2025. I don't really know who did that and when it happens, you know, that's kind of the issue. Um,

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>> well, when's the first time that we went looked at it? Do you know? >> Well, it was >> for the solar project. >> Yeah, it was be it was at the very very beginning of the solar project. >> Yeah. Which was when when? summer 20

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22 be >> spring of 22 >> my event I just remember it was about 100 degrees out there >> so so the the 19 2019 picture is irrelevant to even that >> for us it could have been changed then

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already >> the the driveway >> you >> I don't know I don't know if there's a difference >> right >> between the two Yeah, >> as far as when I was there,

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>> because there is also like a statute of limitations on things >> and that's kind of the other issue. Um, the vegetation alteration submitted through Mark Stinson. Um, he sent me these pictures and showed me I mean in

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between 2024 and 2025 that would be with a statue of one of the patients and something I feel like could be pursued. Um. >> Mhm. >> And then you can kind of see the around the barn alterations. The main issue with a lot of this is

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that he is his property is classified as agriculture. So there is some sort of agricultural happening, but we don't know where and we don't know what it is and it's only exempt in the areas where agriculture for profit is occurring.

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So we really have to determine that. Um he's not here. ask him. So I could email him and kind of ask him about that. >> And then there's the the last page is the potential violations that um Tina

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sent to us. Um, and then I also gave you guys the letter that Jonathan sent to us about him talking about each of those. So, you can read that as well. >> Have you discussed this with other agents

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around the area to see? He said >> precedence for what we're talking about here. >> You said that. You didn't say that. >> You said this is statewide this bylaw, right? So other towns must have come across this. >> No, I've just looked at other town like towns bylaws.

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>> Did you have a chance to talk to what's the guy you >> talking Alex? Alex >> something. >> I mean I I think it might be worth a conversation with other agents to see if they've come across this before this this kind of situation because if that's a bylaw not specific to Handon which I

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didn't know that if it's statewide bylaw >> the going on private property >> you're right there must be somebody >> at some point >> has come across this before >> of not being allowed to. >> Yeah. >> Well this situation unique it's not it can't be can't be unique to us. I mean,

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basically, we we need to look at it to verify if there's violations or not. We're not allowed to get there to look at it, apparently. >> So, it seems >> I mean, >> I mean, we need his consent or warming.

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I can I can ask >> that's why I was wondering if other, you know, how they dealt with it. >> Yeah. Yeah. If you'd like me to reach out to him, I can. All right. And this picture looks like about seven

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or eight trucks >> parked all over the property >> near the um >> Yeah, they weren't there when I was there. >> Yeah. So, this is um >> we were there first time. >> This isn't like a one day thing. This is on Broadway. And there's also some questions I wanted

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to ask you all like if there's an area like one of the like say that like little field um to the left of the barn if that's not being used for agriculture because there's like a literal like stream right there and we find that's not being used for agriculture. Like

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does that have to be left alone? I >> I would assume, right? >> So that has to return to its natural state then like >> Yeah. Well, yeah, that that it is fairly small. It's I think it's within the 50 ft too

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>> because I mean that little field's been there for >> right >> kind of a few years but then like if it's not being used for agriculture >> this is where it like the the law language is always like up to the interpretation of the commission you know so I'm like

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>> a lot of what I'm seeing just glancing through all this his responses is he's claiming uh expiration of statute limitation type >> things >> he's

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>> but >> when you buy a property you buy the problems >> I and I understand his frustration that this wasn't dealt with earlier um >> but I think he's only responded to the ones that >> were submitted

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>> right >> but I've also sent him this satellite imagery as well which he hasn't responded to he's only respond to um what Gina has submitted and has kind of disproved each one his words.

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>> Um but he hasn't responded about each >> Well, he has neighbors. We can get permission from the neighbor to get as close to his property as possible. >> Right. But it's a big property and are you gonna be able >> I haven't been there in a while. I don't know. Yeah, >> I don't think we'd be able to see anything.

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>> Yeah. How close to the the area? >> The property to the north. You wouldn't be able to see any of this. >> No. The only thing you can see from the road is the driveway, >> right? >> Picture there. >> So, is do you think there's enough alteration that you want to pursue this

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or like what are you thinking? >> Yeah. I don't know. It's hard to tell, >> right? That's the thing. It's like so hard to tell. And >> I don't know if this is enough >> for a warrant or for him to give consent. I could try sending this to him with some of your notes if you want and

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maybe he'll give consent. >> It consent with it. >> Wow. might as go to the corner. That's the wetland though. >> Yeah. >> Oh, we got my poops there. Probably the only property. That's what

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the environmental guy has to do is go through all this stuff. >> Yeah. And I I think we should some uh some more information gathering, you know, about first of all if anyone else come across this how they dealt with it and then

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maybe trying to see if a neighbor's access would allow us to see a little bit of what's happening. I feel I mean this is like a what 40 acre lot from what I've seen from looking at the satellite imagery from

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for like three months I don't think you're really see anything >> in my opinion >> um >> yeah point >> I I don't I mean I've been on it so it's like you said 40 acres >> it's it's huge >> yeah so according to the GIS map yeah

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>> the only area that is wetland is the driveway way. All the other vegetation stuff is is not. >> And if if you look below the barn pictures, there's a GIS of the whole property, too. If you could see that, >> that's what I'm looking at. Yeah. Says GIS map.

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>> So, yeah, there's there's wetlands. >> There's wetlands to the to the left of the house according to the picture. >> This is this is the one that question >> the driveway. Yeah, that that is a concern and I think that should be investigated. >> And there's a stream that runs right through this, >> right? But what we're talking about is

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this part, right? Um, that is wetland over there. I know it's not marked the same way, but it that is wetland because that's was was one of the issues with the solar going in. So, it is flagged as wetland. >> Yes.

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>> Okay. Just not in this map. All right. >> My main concern is that there isn't like an abuse of the property with like agricultural exemptions. That's kind of >> Yeah. I mean, >> right. So, like for example, like what Mark showed us, like do you think that's

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an alteration of vegetation? I know it's hard because it's like a July and April feature. >> Which one is that? >> Um, the second one, vegetation alteration. >> That field to me looks like he might be using straw or something. >> That's That's the driveway again.

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>> Yeah. >> Oh, I see what you mean. Yeah, that spot right there. >> And you know, Mark has asked for us to follow up on this. >> Yes, I know. Yep. >> So, we at least need to see that

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driveway that that in my mind >> Well, the driveway you can see from the road, >> right? Right. But but as far as it goes this way with the wetland, I mean the the vegetation thing, we can't see that from the road. >> Yeah. This is this is what he's talking about right there. >> Yeah. What is that?

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>> I don't know. Yeah. Do you think this is enough evidence to supply like a warrant? >> What would a site visit give you? What kind of information would that provide if you were to access? >> Well, we're basing all of our

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information on satellite imagery that is old, >> right? We don't know the the state everything now close you can get to the violation physically if you were to get on property >> right to it

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>> you could >> ideally we want to spec the whole thing >> right >> take pictures ideally doesn't want that >> um and see what agriculture is happening and see if that >> okay >> that is a good point if anything is

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happening yeah >> we should be getting new um satellite imagery in like two weeks from Google. But, you know, >> this is kind of what we have now. >> I'm I'm wondering why he's being so

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resistant. >> That's that's my question to you. Like the not taking pictures and I mean in the meeting he had with me after he declined the site visit, he just kind of told me like did he meet with you personally?

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>> Yeah. Um it was a long meeting again. Um yeah um he just came in. He was like yeah I'm declining to do the site visit. Handed me that the sheet that is in there of his explanations and basically was like

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he was like you know I let a few years ago like this property was open for you guys to see. >> That's what he said. It's Yeah. >> Yeah. Um and he said now like he feels like he's kind of being like attacked. >> That's what he said. at the meeting >> pressured by >> but but I thought we we we mediated all

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of his concerns at the meeting. So what was left >> he I think he went home with the pack that I made kind of dissected it and said this isn't enough evidence and he's just he was like he said he's had enough people working on his property and um

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that's what he said. >> Yeah. The last time we were on the property was probably five years ago. And I'm thinking back it was 2021, not 2022. >> Yeah. >> So I I don't understand what he means.

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We had access to it. We went there once five years ago. >> We bought it in, >> right? When? >> Yeah. This was >> I joined the commission as an associate in 21. I didn't get up right after >> to that summerish >> because that was like my first site

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visit. >> Yeah. >> Going to that property. >> Well, unless there were other people, you know, in guising themselves as some other uh agency. I mean, if they've only been on it once, I don't know what >> No, no, no. >> We went we went and looked at it with

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the wetlands the specialist. >> Okay. From Tai Bond. >> Yeah. >> Yeah. and >> she showed us what she had found and all that and it was for the solar project at

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the time >> and they were still working on coming up with a design. >> Okay. >> For the proposal for the solar project. >> Yeah. So this stuff is set now for the driveway I guess. But

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>> yeah, I don't know if that was altered after >> I have a question. Do you Gina Stabilla 219 Ames Road? Do you remember if you guys went out there for the NRA or for the NOI? I'm trying to remember because the NOI was 23.

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>> Yeah. No, it was before that. >> It was before that. >> Yeah. >> Yeah. >> Okay. >> It was right after the wetland specialist had the tie bond and gone and and done what they >> trying to remember myself. I'm like, >> and she was actually still finding stuff when we went cuz I remember walking out

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with her way to the east and she found some more. >> Okay. >> Little wetland spot in there. >> Okay. I'm just trying to remember the timeline. >> Yeah. And our our chair was there, too. >> Yeah. Oh, yeah. Okay. >> Later on going to do those types of things,

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>> right? Jody was there, >> right? Ted. >> So, it it seems to me that there's enough concern and questions on this property >> that we should probably get a warrant to do >> and get a wetland specialist to

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accompany us. >> That sounds like a tedious situation. >> Yeah. And and put it to bed. It just, >> you know, I agree. I agree. >> And we don't I I don't really care about previous stuff. >> Yeah. >> What is it now? >> Yeah. Right.

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>> Is he encroaching within a 20 foot 25 foot? >> We want to see what he's done. potentially >> that that's what I feel. But I mean what Rosa said is if you if would you do the court like really need kind

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of hard concrete evidence of potential violations? You mean to get the get the warrant >> or or are you are you saying that >> we have we we have to get the warrant in

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order to proceed in any is that what >> the lawyer said no way Jose unless you get the warrant is that the situation or he gives >> or permission right which he's not going to do >> well we know that right >> so the only alternative is to get a warrant

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>> and that's why it's confusing to me because I Usually we just hear >> hear from someone and then go on the property based on someone's kind of complaints about it. >> Um it's like we can't get the evidence without going there. >> Well, exactly. That that's why I'm

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questioning the the attorneys. Um >> well, >> attitude and and protecting the town. >> Getting it. >> I understand that. >> I don't know. That's why I'm asking for other inputs. >> I I feel that's important. >> Yeah. Yeah.

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>> Speak to other towns. see how they dealt with it >> because anyone could say anyone then >> right >> it sounds to me could say you can't enter my property unless you have the warrant you know what that would do to this town and this commission I mean we would be bankrupt in a month

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>> and and like unless you have concrete evidence as well and it's like how we >> how do you acquire it unless you know >> so that's why I'm like is the court kind of lenient to the fact that we can't get it on like can't get concrete like that's I you know I haven't done this so I don't

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That's why I thought the commission was exempt from that before I didn't >> and it just even more confuses me because how did they do this before satellite stuff and you know like there's got to be right >> right >> even without this stupid >> like if the commission's concerned I feel like that

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>> and I'm sure there have been many violators over the past because of what you're saying >> it's time to prove it's to verify >> unless you're on the property Yeah. >> Yeah.

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>> I mean, the the only obvious potential violation I see in any of this stuff is driveway because you can see it, >> right? >> The other stuff is it could be any >> again.

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We don't know. That >> Yeah, it doesn't matter. >> But is Is there like a like what happens then? Like do we tell him to bring it back in like >> Yeah, that's next. Yeah, that's the step on that. What do you do

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to remedy the violations if that if that's found? >> I feel like there would be a statute of limitations for that. Wouldn't that mean >> I don't know. >> I don't know. Good question, Joe. >> Because I know >> Rose explained the stock piles to me.

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She said that um at least for the stock piles in the riverfront area um if it's been three years since that so we can't do anything about it but like say someone bought the property then we can pursue it again. I don't know if that applies to everything else but >> see that's why I'm wondering if someone

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is press pushing this out in order to to uh be within the stat be beyond statute of limitations however you want to interpret it. I mean that's my suspicious mind. Yeah. >> You know why was it okay but and now okay push it back.

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>> Yeah. >> You know you said that he was already exempt because of the statute but whatever. Right. What was it the stockpile? >> Yeah. A couple of different excuses excuses like that which made you know. >> Yes.

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So I think up to you guys but I think >> vote on something based on this so that we can start. >> Can you get an estimate? I mean would we need a the vote after we get an estimate of what it would cost?

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>> Yeah. Yeah. >> Yeah. >> I don't think we >> Well, that's is what I mean. How are we going to go about >> And that's the other thing is it would be a big expense for town that a select would probably >> probably not approve it. >> I mean they approved me talking to Rose.

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So I feel like they they know >> she that's because she's a >> painter type. I mean that's the thing is like you got to be sure you know >> so we I don't think we get an estimate until down the road you know >> it seems like we may be out of the

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statute of limitations on all of this >> I don't you know I don't think so because I think I I think he is pushing it so that we do get there >> I mean the pictures that the proof I don't care >> the proof that we have is based on 2019

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which six years ago. >> What about the >> Yeah, one of those other pictures is just >> this here is >> Yeah. >> Right. >> Is that wetland? >> That's

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>> Well, this down here is >> it's not like a set. >> Okay. >> That's the driveway going in. I mean this >> depends on what it is. I think like stockpile from that. >> What about wetlands violation? What would that >> Yeah, like Eric, he he bought land that

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had violations on it. >> I think you'd have to look into the specifics of statute. >> My my question was if we don't know if they're ongoing, how can there be a statute? >> Say that again. >> If we don't we think that they're ongoing, can there be a statute of limitations on it?

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>> Good question. That's the other >> good question. >> That I'm just saying. I'm just throwing that out there. >> That's what we're wondering. Yeah. >> Okay. So, the stock piles were there three years ago. Have they >> I think he's mostly talking about the statue in terms of what Gina has sent because that stuff referenced in

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previous things. >> Um but in terms of all this stuff that I found, um you know, I don't know if a statue would matter. No, I I don't according to the vocabulary of a statute that's it's usually a beginning and an

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end >> or an end at least. But you you know as you said if it's ongoing then where does the statute exist? >> Right. We were aware of it on a certain date then if it continues on how do you handle that? >> He said twoear statute for wetland

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violations. I will it's three. >> Yeah. a new property owner. I mean, this is off of uh a lawyer's website, so >> yeah, but if it's ongoing, it doesn't matter. >> I thought that was a statute for if the property ownership changed hands,

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>> right? >> If it's the same owner, what happens then? >> The statute of limitations for enforcing violations of the Wetlands Protection Act allows local conservation commissions to take action against new property owners for up to three years after they acquire the property, even if the violation occurred decades earlier.

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But if you caused the damage, I I don't I don't know. >> But I mean, we have kind of evidence here that something happened between 2024 and 2025. So, nonetheless, we can go on the property >> at the least. We have that that's only

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>> I mean, do you guys think there's sufficient vegetation alteration in those pictures >> on this one? Yes. Something the other ones. >> Oh yeah, >> if it was the same time of year, the pictures it would be better.

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>> The bar the barn vegetation alteration too hard. He's definitely maintaining it. >> Definitely mowing it. You could tell that. But >> based on the year or the time of the year and everything, >> you can't really tell. >> Is that to the left of the barn? >> Yeah,

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>> I want I want to say D said something about the fact that it was being mowed. Was that that area? Yeah, you can you can tell it's being mold from the picture actually. >> Yeah, >> I think that's where >> he's get he does his straw. That's what it looks like.

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>> Where's the clearing? Where's the clearing he's doing? >> Right to the left of the barn. >> Well, it's not new clearing. No, it's not new. Like you could tell in 2021 it was also been seen. Well, that the one to the left of the

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barn I think was some pen or like a pig or something pigs attached to the barn. >> Yeah. >> And we don't know what agriculture there again. It's happening and if it exists >> that's really close to the street. >> Yeah.

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>> Which makes sense he has cows. Maybe they're but who knows? You can't go there. Well, >> the only information we have on his agriculture is last time he said he has a couple of cows that his he lets graze on each place that his family eats. >> I remember that. >> That doesn't count, >> right? But we don't know what else he

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does or has. If he has the agriculture classification with the assessors, I'm assuming he according to Rose, he has to be making some sort of you >> five years ago. What did you find? >> But weren't really the whole focus of

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our site visit was for different things. >> These are >> Yeah. Right. >> We weren't really addressing this. >> So, >> I'm torn because of just thinking about what this is going to cost, >> right? Yeah. >> Legally.

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>> Yeah. Well, don't you think he knows that? >> Yes. >> Yes. That was a rhetorical question. >> Okay. >> I mean, this is for new ownership. >> We need to if there is even a statute

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for current ownership violations, you know, >> right? So, if I just because we're convened now and it won't be till another month, >> if there is um like no statue in this is an issue. Would you want to do pursue

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um like a warrant? >> We can't. >> We can't in we can't individually pursue that. >> Just so I would >> but then it's it's just matter of what it's going to cost.

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>> Right. Right. >> Have to meet with this election which would be tonight. So they would be months from now. Yeah, they meet every week. >> Every week was because they saw them when they Okay, so that wouldn't take

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that long. But >> may maybe that's the way you should go, Joe. Maybe we need to present it to the selection if they meet. We >> I talked see I talked to John and he said this isn't something we can call.

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>> So >> well they would if it was they're going to have to prove that. Right. All right. >> You sure >> have the bank for the lawyer. That's >> okay. >> Cuz I did talk to him. He was like, "Stop it. We don't do we don't like

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you." He's like, "We don't get involved in that." >> Yeah. >> Yeah. I think they would have to prove the budget for the lawyer. That's that's going to be costly. So, they have to get involved, >> right? So, I'll figure out the statute and if the statute has expired for

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everything, we let it go and then if it uh hasn't, then we pursue a warrant. >> No, we talked to about money, >> right? Pursue a warrant that >> contingent on

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board approval. So even for the uh things from 24 and 25 if it's one thing you'll pursue it. Is that how I'm interpreting that statute? >> We're going to find out about the stat guarding >> Okay. I was confused on that too.

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>> I am. I'm I'm I'm trying to put it all together. Yeah. >> But but I think right Joe we're going to see about statute for the 2425 questions that we have. >> Yeah. >> Okay. I will say I appreciate the fact

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that the commission's taking it seriously. >> I'm No, but >> I wish it was easier. >> I know. I wish it was easier, too. And this is probably going to cost us some money, but in the long run, it is our water. >> So, if something is going on, it's maybe it's okay to spend a little bit money

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now to avoid a disaster later on. >> And it's one person's violation now, >> right? This is a large relatively speaking large area >> of of a relatively small town. >> Yes. >> And because I have property in a

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relatively small town in Northport, Maine, I've seen what can happen when people do not follow through as we're trying to do and sign off on things on a constant basis. Um, because they didn't feel like going through all of this work, >> right?

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>> So, as I said, that's why I respect where you're coming from. We can follow amendments. >> It says that the commission must act within three years of the recording of a deed or date or death.

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>> For what? For what? Violation. >> So does that mean if they inherit something? >> Oh yeah. >> Any transfer of ownership? >> Transfer of any. >> So if if this stuff has happened while he's owned it, >> that that's what that's where I'm coming from. >> Even matter. I don't I don't know if there's even a statue that applies to

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>> I don't think I think the only statue is the three years after >> that that's how I read it too when I googled it myself a while ago. Not that I'm some genius. I'm not >> so there's violations from 30 years ago. They sell the property to somebody else >> that you have three years on the 35y old

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stuff the new stuff, >> right? >> You know, >> we can pursue that. Yeah. So going off of that, you you wanted >> Yeah, we should look into it. >> So do you want me to I'll email the select in like tomorrow.

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>> Okay. >> So that you guys can >> Yeah. Tell them we're serious about pursuing this legally where they are with this because of course any any expenditure would have to be approved by them. They don't have to get involved in this. But they do have >> Yeah. But they have to approve the cost,

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>> right? And what >> I think we should ask surrounding towns how they if they've ever come across dealt with >> I did. Yeah, I I'll ask Alex. >> Okay. Um his wife is also an agent for Long Meadow. So >> Long as an agent.

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>> Yeah. Yeah. >> Because although although I I I have a respect for Article 4 of the Constitution, anybody could do that that does not want you on their property to investigate what you're doing. And that's the problem I have. So I'm

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sitting on both sides of being respect an individual who respects the constitution but in this town seeing how it could be easily violated >> and like she said there's a lot of wetland water rivers every etc etc

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downstream from this >> and it's like I'm unfamiliar with the warrant process so it's like do I mean I'm sure we'll figure it out but it's is it enough to be like we have this and we want to inspect based on this like I don't think we have to provide like

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concrete evidence in the way >> you have to say like you you want to you're going on >> we're seeking a legal a legal site inspection as qualified members of yeah >> conservation commission of don't you

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think that could be simple like that >> this could start >> I don't know we've never done that process Yes. >> And um is there at least like I mean tell me if this is wrong. Write like three of you for like a select board

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meeting in the next week or so. >> Yeah. >> They'll put it on for next week or >> Yeah. >> It'll be at like 6 p.m. >> Is it Monday? >> Mondays at 6. >> Okay. >> I have another question. If the propertyy's under chapter, doesn't that

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give the town more rights because the town has a lean on it? >> What do you mean? Yeah. If >> the property is in chapter, the town will put a lot >> because >> like agriculture chapter. >> Yeah. Well, yeah. Like chapter 61 or 61A or 61B. So, does that does that give the

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town more leeway to see if everything's okay? Because >> we thought we did. We thought we we're >> I'm just thinking under the chapter specific. >> No. Okay. >> At least on our part. Okay. >> Maybe with the assessors, not >> Oh, that would make more sense. Yeah. Okay.

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Okay, I will set that up. >> Okay, >> he is expecting a response from me. He sent this over a month ago and I told him I'll respond next month. >> So, do you think I should tell him?

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>> Just let him know it's uh I would let him know what we're doing. >> I would let him know. I would put him on notice and give an opportunity to respond. >> Okay. Just if he might get right, we're still uh we're still what's the proceeding.

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>> Yeah. >> Cautiously or I don't know, however you want to term it. >> Yeah. Okay. >> Yeah. Yeah. Be be gentle about it. >> Yeah. >> Right. >> We We're just curious about the conditions of the and >> Yeah.

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>> Okay. I would be gentle. What's our bylaws to >> a position to try and to do site inspection to verify the legitimacy of what what's being done near the wetlands or something like that. >> And it's helped that mark has trended in because then we can kind of be like, well, the EP is set to investigate this

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as well. >> We don't want him carrying any firearms when we show up. >> Okay, >> sounds good. >> Well, I plan to, but I don't want to drive. >> Yeah. review source

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>> real quick. Yeah. >> All right. There's only Are we done with that? >> Yep. >> There's only one more thing I have. >> Okay. >> Um I there only one more thing I added. Um some of the um residents

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on Allen Street in East London Meadow Road um got a letter um from Eversource, which you know they're sending them out all the time. Um but this letter um it said Eversource is hereby providing notice of planned and scheduled

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vegetation maintenance work on the transmission rightway that's located within your town and city limits. And then for I don't have the names of the people that they contacted. Um but the vegetation work will involve removal of

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several white pine trees, various defects, stages of decay. These trees could potentially impact the power lines during a storm event if they fall if they fail. The vegetation work will be performed by qualified line clearance contractors and may include off-road

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bucket crews or manual climbing crews. In order to ensure the safe and reliable operation of the transmission system, we are required to manage vegetation so that does not encroach upon the energized conductors. The work noted in your area will ensure that we obtain the

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clearances required to prevent vegetation encroachment. This work is being scheduled for 2026 as required by regulations. You are being informed of this proposed work through this letter if you have any questions. Da.

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>> So >> what they just did this in Wilberham >> winter. There was a lot of push back. >> Why? >> I saw on Facebook. >> Why? >> They're cutting trees down.

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>> Oh. Oh. Oh. of the whole thing. >> You did last year a lot of >> Yeah. >> Yeah. >> I mean, are they removing trees or >> trimming? I didn't know >> they're cutting several white pines. >> Um

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>> Well, if it's on the power line >> that are decaying >> property, that means it's possible that those lines trees could >> Yeah, it to do that. That is essentially which is why they were removing them, right? I have to say I can't recall us ever

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having a real problem. I'm sure you know Greg and Tom have been on for a while as far as um Eversource is concerned when they go in and do work. It's in and out and they're very professional about it. property on I witnessed it and I had

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usually a bigger concern if it's near you know scantic or something like that work >> right then they'll tell us >> if this is not yeah if there's I mean >> it's just on probably next to people's properties or

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in front of their properties >> yeah if they >> some of it is on the street >> right >> right >> and if they're working if they were working, you know, say Milton or whatever, we would always always get >> right >> notified, >> right?

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>> But in this case, it's >> Yeah. There's nothing we can do about this to do with us. >> Yeah. I mean, people aren't going to like it, but I wish national >> they're not going to like it more if the power goes out. >> Well, they wouldn't like it if they lost power either, right?

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>> Right. You're absolutely right. But >> yeah, what was that big Did anyone hear that big boom? What was it? Monday night and there was a transformer that blew up. Anyone have any? >> No. >> Correct. >> I never had any problems. >> That's

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>> We have a transformer near our house that's exploded quite a few times, but not Monday night. >> Yeah. >> What was the night? >> We have too. >> There was a lot of trees down >> Sunday. Monday night. >> Yeah. >> Yeah. >> Yeah. Monday night was the big wind. >> Yeah. I lost a couple little ones out back.

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I lost eight trees. >> Did I have trees in my property? >> I didn't lose anything. >> Any damage? >> Any damage? >> Not to No, it's to the property. >> Not the property. Just >> not to like my house. >> Yeah. No, I didn't damage.

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>> So, that was all the main items on the agenda. Just quickly, I want to ask um I was going to send out like an initial email to kickstart the open space and recreation plan meetings tomorrow. Um and I just need a conservation

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representative. Um or more like you know multiple of you would like to join that teamwork as well. Um, so anyone interested, >> this is for >> open space and recreation two meetings.

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>> What? >> You brought it up two meetings ago. >> I did. Yeah. And now I'm >> You didn't add me on there. >> Okay. >> Anyone else? Good. >> That's just like walking the trails. Is that what you talking about? This is

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like the big um >> the join up >> work together. >> It's like a big um packet we have to write the town has to do every seven years to update all of like the improvements and things we haven't done.

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Um and like sidewalks putting in all the natural spaces we need like what is Hampton missing? What do we need to improve on? And that's how we get grants for things. We have to do this. Um, so like, um, I'm working with the Pioneer Valley Planning Commission on it and I

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need like a person from conservation, direct department, school department, council of aging, board of health, um, maybe autobond, select board. So, DPW, different, you know, people and then, you know, um,

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uh, residents as well to work on. So, it's not super timeconuming. I think we're going to do like a meeting maybe every month or every six weeks. >> No, you put me down on it. >> Okay.

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>> All right. So, that's all I had. >> I make a proposal to end the meeting at 7:18 p.m. I'll second that. All in favor? All right.