act extending certain CO 19 measures adopted during the state of emergency. The new law authorizes all members of a public body to continue participating in meetings remotely. The open meeting law's requirement that a quorum of the body and the chair be physically present
at the meeting location remains suspended. For this meeting, the Hopkin Conservation Commission is convening by video conference via Zoom as posted on the town's web meeting calendar and the Conservation Commission agenda
identifying how the public may join. Additionally, the meeting may also be broadcast by HCAM through one or many of its channels or platforms. Please note that this meeting is being recorded and that some attendees are participating by
video conference. Accordingly, please be aware that others may be able to see you and take care not to screen share your computer. Anything that you broadcast may be captured by the recording. Please also keep yourself on
mute unless and until called on by the chair. Supporting materials that have been provided to members of the commission for this meeting are available on the town's website. This meeting will feature public comment. After commission members and staff have
discussed each project application on the agenda, the chair will open the discussion to public comment. Members of the public who wish to speak are asked to identify their name and address. Three me uh minutes will be afforded for each public comment. Each vote taken in
this meeting will be conducted via roll call of the members. I will now confirm which commission members are present. Chair Melissa Ricas, >> present. >> Ed Harrow, >> present.
>> Matt Moyan, >> present. >> Jim Cerillo, >> present. >> And I am Ted Barker Hook. I will now confirm that staff are present. Judy Day, Hopkins and Conservation Administrator, >> present. >> Anna Rogers, environmental and
inspectional services coordinator. present. >> And Joe Orzel of Lucas Environmental >> present. >> Um before I pass things back to the chair, Melissa, I want to let everyone know that we have a good number of hearings continued. If you are here for
any of these hearings, they will not be discussed tonight. You're more than welcome to stick around. Uh but I want to let you know that these will not happen. Um, the Hopkin Trails Committee hearing has been continued to October 21st. Both of the Wall Street
Development North Mill Street hearings have been continued to October 21st. 47 Oakhurst Road has been continued to October 21st. Uh, 38 Downey Street continued to October 21st. Rec Hopington
Zero Lumber Street also continued to October 21st. Those are my updates. Take it away, Melissa. >> All right. Thanks, Ted. Um, all right. That being said, we can start with some work session items. We
don't have any documents for review. Um, we do have draft minutes for review. Does anyone have any comments or questions or not have have enough time to review the September 9th, 2025
minutes? All right. Hearing none, would anyone like to make a motion to approve the September 9th, 2025 minutes? >> This is Ed. I'll make that motion. >> Thanks, Ed. >> I'll second. >> All right. All in favor? Ed
>> I. >> Ted. >> Ted is an I. >> Matt. >> I. >> Jim. >> I. and I am also an I. Next up, Hopington DPW exemption request
borings for water main project. Um, looks like we have Carrie here. All right. Hi, everyone. Can you hear me? >> Yes. >> Hi, Carrie. >> Lovely. I'm uh in a different office. Hi, Carrie Reid, director of public
works. Um I'm here to introduce a project that we're going to be working on, a water mane replacements in kind replacement on East Main Street. Um and this particular part is u we're still in like the engineering and design portion of it. So at this point I'm going to
turn it over to our engineer um Miles from Haley Ward to give you guys like an overview, but um it is like a water main project and we're looking for an exemption um as a water utility project. But Miles, you here?
>> I am. Thank you, Gary. Um, so yeah, I'll give a quick overview of the project. Uh, there are a few streets. Uh, primarily the work is on East Main Street. Uh, this begins just
outside of the downtown area. Um, extending to the town line with Ashlin, which is approximately, uh, 9,400 uh, feet. And then there are uh three lateral streets uh exiting off of East
Main Street, Curtis Road, Clinton Street, and Cross Street. And uh those uh lengths of uh water man for those streets are uh 1,400 ft on Curtis Street, 1500 ft on Clinton, and about
900 ft on Cross Street. So, um these maps that are included and um are being showed here uh are overview maps uh of uh wetland resource areas uh as well as
proposed borings which are spaced uh every 300 ft. There are uh a couple sections where uh you see that the borings are a little closely spaced. These are areas of uh known uh ledge
exposed ledge um on the sides of the road. So we increase to 100 ft uh spacings for for these areas where where ledge is visible. Um the uh
the borings themselves. Uh so uh with those distances uh and space 300 ft uh we have sorry I'm just trying to find the numbers here. Um we have about uh 33
borings on East Main Street, six on Curtis Road, six on Clinton, and four on Cross Street. uh and uh where they're spaced a little closer for ledge there there's an additional six borings. Uh these borings
will be to a maximum depth of uh 10 ft. Uh the water man is typically about 6 ft deep. So uh we're not going to go uh anywhere past 10 ft. Uh what they're just looking for is uh uh refusal or
ledge uh uh where that where the boring is. Uh they also can um observe water uh high water marks. Um and the the augur on the boring is just 4 and 1/2 in and
it makes about an 8 in diameter hole. Um the unit that the uh drilling company is going to be using is a geo probe 7822 and um we've discussed the wetland resource areas with them uh and they're
they're aware of this and any uh any boring spoils uh will be removed and disposed of outside of those uh wetland resource areas. So, um they're they're aware of that and it's a lot of information. I'll pause there and uh let
me know if there's any questions uh on and any of the above. >> All right. Thank you. Um and this is to this all to replace existing water man, >> correct? >> Yeah.
>> Yeah, it's it's all within the paved way. Um and it is uh there's existing water manes in in all of these areas. >> Okay. Um yeah and you know my opinion it looks like this would fall under the public
utility exemption category um or work exemption for for borings. Um, do you have someone on site with the boring crew while they're working?
>> We will have um we will have a yes, a site representative uh during the borings. >> Okay. Does anyone else on the commission have any questions they want to ask about this? No.
Anyone from the public? >> No. >> Can I ask an unrelated question through the chair? >> Uh, I suppose. What do you got? Is this a question of the current state of the water man under current existing
conditions or is this um with with the understanding that this is not adequate for planned upgrades to the system by tying into the MWR >> the first one. So, it's an old water
mane that was identified to be replaced. >> Thank you. >> Okay. >> Um, with that, I think we can go ahead and or we should vote on this to approve the exemption request. If I
can get a motion to that effect. All right, I'll second. >> All right. All in favor? Ed. >> I. >> Ted. >> Ted is an I. >> Matt. >> I. >> Jim. >> Hi.
>> And I am also an I. >> Um, so yeah, good good luck with the borings. When are you expecting to do those after the fact question? >> Yep. Um, we wanted to get uh approval
through through Com first. Um, the drilling company said they can't schedule until they're greenlighted. So, tomorrow I will give them a call. Um, through September, they were booking out
uh 3 weeks in advance. So, I don't uh perhaps last last week of October. Um I I would guess that that that's when we would schedule it for. >> Okay. Great. Good luck. >> Thank you very much.
>> Yeah. Um Harry, did we have the Are you on here for something else tonight? I did talk with Judy um about um seeing if we could get on for a um drainage
replacement project in kind drainage replacement project on Spring Street. >> Okay. Under public forum. >> Yes. >> Um >> do you want is it okay if we jump to that just while we have Carrie here anyway? >> Yeah, I think that makes sense. >> Okay.
Um, so >> yeah, if you want to go ahead. >> Yeah, sorry. Um, there we go. Thank you very much. So, we um are notifying the conservation commission under what the
existing um RDA of drainage work that we're doing. So the plan is to replace in kind some drainage that has failed. Um specifically a drainage line that was a corrugated metal between a catch basin in the vicinity of number 34 and it
discharges to an outfall on the other side of the road. Um so there was sink holes in the road. That's what we responded to. We discovered that the pipe was failing and now we're just playing to replace it in kind. Um we're leaving the head wall, leaving the catch
basin, replacing the pipe in between. Um just wanted to notify the commission um that we were planning to do this work under the um the RDA just because it is very uh close in location to Lake White Hall. So we just wanted to make sure you
guys were aware of that and okay before we schedule the work. We're hoping to do it on Monday, October 20th because we will have to close the road and that's a school holiday. So we're trying to get it done by then. >> Okay. Um, >> Judy, when we talked about this, we were
thinking this could probably also just be considered under a public utility exemption. >> Correct. >> Lovely. >> Yeah, I think why don't we why don't we go ahead um and let's I'll open it up to the the commission for questions on this
one, too. But, um, I think we could probably consider it that and vote on this kind of like we just did on the other one as a exemption request. Um, does anyone have any thoughts on that or any questions otherwise
on this proposal? >> No. >> Anyone from the public >> through the chair? Um, >> yeah, Judy. >> Happy to just give a little bit more background um on the existing townwide RDAs. Uh, they haven't been renewed, so that's why it kind of makes sense to do
this under an exemption request. Um, but I've been working with Carrie and uh talking about refreshing those um and doing a new townwide RDA or permit application for work that isn't enlarging or changing existing structures but is within concom's
jurisdiction. So, um might look a little different moving forward, but since this fits within the um public utilities exemption, um should work for for this. >> Yeah. To call me out, but yeah. No, we are we are behind on the we had these um
townwide RDAs that worked really really well and the new uh circuit circuit writer per writer up at DP has changed strategies and we're just trying to figure out what works best for all of us. But yeah, she's right. My fault. I take blame on that one.
>> Okay. Um, yeah, I think it works out for this one. And I think I know there was some talk about whether notice of intent, town by notice of intent or RDA is the best route, but um, for future work and
yeah, I don't know that it makes a difference to us or if you want to have those conversations later, have any thoughts you want to share? It's I I'm pretty open to whatever works for the town. But um on this one, can I get a motion
um to issue an exemption under the public utilities exemption category? >> Can I get a second? >> Second. >> All in favor? Ed. >> I. Ted.
>> Ted is an I. >> Matt. >> Hi. >> Jim. >> Hi. >> And I am also an I. >> Okay. Good luck with that one. >> Thank you. >> Yeah.
All right. Um, being that it is 7:18, I think we'll jump up to the continued hearings. So, first up, we have 16 Lakeshore Drive.
It's a continuation from a retaining wall rebuild. Um, and I think last time we were talking about the uh plantings and specifically
the area over um by the drainage pipe that goes along the property line of the house um and where best the the planting show or the planting implementation would work along along the shoreline.
Um, so do we have the applicant or the engineer on the line? >> Yep. >> Yeah, Dave. >> Yep. Good evening. Um, so yes, uh,
between Steve, Dana, and Judy, they were able to confirm that uh, planting on that right away is is is adequate and is okay. Um Carrie came back with a comment about um wanted to make sure that the
roots of the plantings uh wouldn't affect the pipe. Um, so it seems logical we left a 4ft opening on the uh north side of that right of way uh for access and it seems appropriate
that we straddle that opening uh over the pipe and plant on either side of it. So we do have permission to do that. Um provided some data on the roots for uh for Judy. Uh I think Judy uh might agree that that
was seems to be the best. Um so we're prepared to to do the planting, revise the planting plan um to straddle the pipe um with the limits that are shown. >> Okay. I did see in the file the the um
email from Carrie. Um so that's great. I'm glad we can work with them. And I think my only question or thought is, you know, those plantings 47 square ft wherever that makes sense. So
horizontally, I'm not sure. It seems based on the sketch that there's area between the water line and where the plantings are shown. Um, is that true? Is there like grass in
between the two or is are the plantings? >> Yeah, there there's there's um it's about 10 ft from the uh edge of the planting bed to the top of the stone. >> Uh
it seemed to make sense to maybe attach it to the planter and just provide a little green strip. The idea hopefully is that it would go wild at some point anyways, but I just didn't want to get too close to the to the rock. Uh the
pipe comes right out at the rock. So, uh it just seemed to I just I can revise it if you so choose. I was just I was just thinking that it may be best to to leave a little strip.
>> Okay. looking for suggestions, I guess. >> Gotcha. Um, yeah, I guess I think if the thought was to kind of let
that go, that's that's fine. Um, either way, I don't know. Does anyone on the on the commission have any thoughts or are we good with what's shown? >> Go ahead, Ted. >> Yeah, I think as long as the space between the plantings and the lakes is
not fertilized or treated in any way, then we're we're getting the same effect I think with protecting runoff we don't want going in the lake. Um, and I don't know, you know, protection of the pipe may be important as far as
whether we plant right up to or request planting right up to the rock or not, but so long as there's if that grass is let to grow long, I think we're getting the same effect uh that we would if we did the planting right up to the rock. >> Okay. >> You're the chair. Um, we can write a
condition to that effect if you'd like. >> Okay. Yeah, I think that would do it. Anyone else have any thoughts or anyone from the public? Um Joe or Judy, anything else to add on
this conditions we need to include? >> Chair. >> Yes. >> Yeah. I just said um I know I had sent an email earlier today and just mentioned a couple of um the comments.
>> Yeah. >> Um and that one was about um uh that condition uh condition to occur during low water. Um and also uh just a reminder I don't know if the commission
has um decided that the uh wall as a PIB um will be sufficient [Music] but other than that I think um I'm okay with the uh with the responses.
>> Okay. So, the I think correct me if I'm wrong anybody, but I think we were good with the wall being the PIB. Um I think that's what we've done on other projects
and also the um maybe a condition that the commission be copied on any chapter 91 bindings. >> 91 bindings. Yep. And also um on this one, I think we wanted to
make sure it was clear that we're not approving any wetland line um on this plan. Okay. Okay, thanks Joe. >> Um, all right. If no one has anything
else, then I'm going to ask for Oh, yes, Dave. >> Are we in agreement to straddling the pipe with the with the garden? >> Yes. Yeah, >> I'm okay with that. unless if everyone else is
think so. Yeah, >> Melissa, >> I'll make a motion in a moment, but I just wanted to send out some thank yous. I really like how this project has come together. I I thank Carrie and the DPW for allowing the plantings on the easement. Uh I thank Mr. Dana and Joe
for working with us. I think this has come out really well and I think we're doing well by the applicant and by the lake. Um so I feel good about this. With that, I'd like to make a motion to
approve the Oh, sorry about that. That's a Jake breaking truck out there. I'd like to make a motion to approve the application and ask approve for Anna or Judy to sign for us.
>> And I'd like to second it. Before I second it, I want to echo Ted's comments. You said it much more eloquently than I could have. Now I'll second it. >> Okay. Um, thank you. All in favor? Ed
>> I. >> Ted. >> Ted is an I. >> Matt. >> I. >> Jim. >> I. >> And I am also an I. Um. And as Ed and Ted said, thank you uh
Mr. Dana, thank you for working with us and Dave on uh on improving improving the conditions along the lake here. Appreciate it. >> Thank you for your professionalism and your service to the town.
>> Hey, can I just ask really quick, did anyone hear that truck? I don't know if my microphone picked it up. Oh my gosh, was it loud. That was insane. It was startling. >> We should try to have a by. >> It's interesting that my my microphone
here didn't pick it up, though. >> It did a good job. Yeah. Did Did a good job weeding that out. Um, all right. Next up, we have 37 Oakst Road, continuation of a notice of intent after
the fact lakefront work. Um, so since our last meeting, I know there was a a letter with a few pictures in the in the file from the homeowner.
Um, and if there is anyone, is the engineer on the line for the owner? >> I'm I'm on the line. >> Dave, are you there? >> Mark?
>> Yes. Y >> All right, great. Um, so can you just review what new materials have been provided since the last meeting?
>> Yes. Uh, we have uh confirmed the flood line and appropriate uh labeling uh with the appropriate uh buffer. We have provided uh topof wall locations
no top of wall elevations uh currently and some elevations that we're able to find uh from the top of the wall in uh 2019. Uh and we've also added uh two planting
areas. one to the left uh near the left corner and then one along uh the old dock and taking out some some patio and converting that into a planting bed.
Um those are the changes. >> Okay. >> All right. Um, so those being the changes, I think that there were still Do you do
you intend to address the EP's comments? They had like a long list of >> Yeah. So, uh, quite honestly, um, I'm going to get some elevations of the floor of the lake bed. Um, and I was
waiting for the water to come down a little bit so I wouldn't get too too wet out of that. But we we are attempting to do that very shortly to be able to compute some volumes that are required on the forms. So yes, we are intending to do that and that's the reason why uh
we haven't uh done that to date. >> Yeah. Okay. Um, and then Joe, there's still some comments outstanding on your side of things, correct? >> I believe so. I really haven't had a
chance to look at the new material in much depth. You just received that yesterday. So, >> but scanning it, it looks like um there are a few a few comments that are still outstanding. >> Yep. Okay.
So at this point in time um I guess we just have to talk about next steps and and you know we all want to move forward here. Um obviously
you have I guess we have two things. We have the mitigation um that we were looking for for the patios and whatnot that were installed um without
permission. And then you have the the patio that you want to finish um under this existing or this notice of intent application, right? >> Mhm.
Um, I don't know that we can, you know, and there's still some comments, some D comments. I don't I wouldn't think we'd want to close this out or make a decision on it
before the D comments were addressed um or Joe's. So at this point in time, um I think I think we need I think we need to continue for that information.
Um does anyone on the commission have any questions or comments looking at this material? you know, the new things that were added um at this point in time. >> This is Ed.
>> Yes, Ed. >> And on on the Open Space Preservation Commission, we've had some similar sorts of examples. I I confess to being uncomfortable with this um with with
being asked to approve this after the fact. And and I'll just leave it at that at the moment >> through the chair. >> Yes, Judy. >> Um I guess if it helps, the commission could consider splitting what you'd like
to see at this property into an order of conditions if you would like to allow the homeowner to finish the patio and an enforcement order um if you'd like to see that mitigation done in a specific way. any patio, you know,
removed like it's been proposed here, the plantings. Um, because if the work that's already been done can't meet performance standards, I don't think you would really be asked to issue an order of conditions for it. Um,
so if you'd like to kind of separate out what you're looking for here, I think it makes sense to, you know, explore an order of conditions and an enforcement order concurrently. And in that regard, in order to close out the order of conditions, can you do that if you have an open enforcement
order? >> Good question. >> Okay. >> Haven't come across that yet. >> Okay. Um because right now the so the existing patio that's labeled their existing
patio under construction that's the portion that you are looking to get finished or that you know there's been a hold on correct >> yes that's correct >> that's labeled and right now that's just dirt or
>> uh It's the Yeah. Mo uh most of it along the wall and around the dock area and uh to the get dock access and to the right is all dirt cuz that all that all caved in
>> um this winter time and that's why I did what I did at that time. So yeah, that's kind of a good picture of it right now. So, it's about maybe 4 feet back currently on the right side, but I'm also going to be doing those plantings,
if you guys all agree with that, going from that. They're from the uh dock entrance all the way to the far right, which is going to be over 50 ft of uh linear lakefront plantings.
Um, and to the left of the dock, as you see it, where there's a fire pit. Now, that caved in and not completely, but uh has settled
quite a bit to the point where it needs to be repaired. Uh, so I'm I'm requesting from you guys if we could allow me to repair um that area
as we move forward in um anything else uh you guys and we all agree to. It's very unsafe right now and it's definitely a trip hazard
and I would just like to fill in those sink holes. >> Um Melissa, may I ask for a quick request of Judy? Could we see the plan again? Is is the patio on the plan and the fire pit is it shown
exactly or is it just kind of a vague area? Oh, it's right there at the edge, but we don't see where the fire pit is exactly. It looks like it's kind of tucked just to the left of the dock. It's about 2 and 1/2 ft off that curved po portion of
the wall and maybe about 4 feet back from the start of the ramp going to the dock. >> And then I know we've had a lot of meetings um so my apologies. Was that patio work approved by the commission in
the past or is this a after the fact request? >> No, that was that was pre-existing. There was already a fire pit there when I bought it. There was already patio stone there underneath. >> Yeah. >> Uh it was definitely approved by building department and you guys 5 years
ago. Um when I was hauling out all that trash. >> Okay. Um, so, uh, at this point in time, I don't know anything more to say about that other than >> it's already been looked at by every
single body I body I know. So, >> okay, we we just we have a couple different properties and in my head they get conflated and I can't remember which one had work that was not approved, which one was approved in the past. So, >> yeah, I understand. No, pretty much, you
know, even this repair recently um was mostly just to quickly repair it so that it didn't continue to >> Right. I remember that part. I'm just trying to remember what's going on with the heart, >> but it wasn't, you know, built over, you
know, wasn't expanded or anything like that. >> Yeah, I think as a matter of fact, I given up a lot of square footage here. So, >> I was about to ask Judy to confirm as well. Melissa, >> sorry. Well, I was going to say, can you bring up the I think it's plan number one that has the red and the black. It
kind of shows what was there before. If you look close. Um, if you want to zoom in on that. Yeah. Previous existing fire pit. So, in my mind where it says previous existing fire
pit, that's what was there before. >> Oh, I see. And now where it says existing patio under construction, that whole entire area is now being built as a patio. >> So that and again I apologize for not
remembering. So the patio is new. The fire pit and that pathway are not. >> No, the patio was redone five years ago. But where it says the wording, where it says previous existing
fire pit, to that >> to the left of that fire pit, >> uh was actual patio stone. >> Okay. >> And it was covered by at least four or five years of neglect. He never when he
when he died, he was a very sick person. Never took care of the property. So the weeds were taller than all of us along there. But there was a patio underneath that whole area. Um, as a matter of fact, the old patio pavers are still on our street. Someone
else uh grabbed them and was going to do it, you know. So, they're piled up on uh Oak Street right now as we speak. So, no, that was all previously there. >> Okay. And like I've been telling you guys many many times, I really didn't
expand. Uh maybe a little to the right of the uh dock uh ramp. I probably expanded the patio there, but then also I also removed 2,000 square ft of
impervious structures. Um so kind of where that little arrow is say is previous concrete walk my as you guys saw from that picture
um that area is uh now was is patio stone >> and again I don't even know where that line was whether there was patio stone to the right or left of that back then. Um
but uh I I redid that whole area cuz it was all cave again and completely covered um with debris, trash, you name it. Okay, >> Dave
Maron. Um, again, this we we've gone through quite a few hearings on this now. Um, I can't remember if we put together you put together
a table or document or anything on preexisting like uh impervious area versus proposed impervious area improvements to show. >> Yeah, I I haven't created any sort of a
table. I could create a table uh but um I did provide David with some numbers on what was removed uh for impervious to the best of our ability. I I could I could add those values to the 19 plan if
you would like. Sure. >> Um I I think that would be helpful. I don't know if there's anything else that others on the commission would find helpful to kind of bring this to
closure and be able to vote on it. Um cuz it is hard to to look at the plan and just and try and compare um what was there before and what's now just based on conversations. >> Yep. Um,
>> yes, Ted. >> Um, I don't think I have a solution, but here are my thoughts. I find it really difficult right now without the, um, DEP comments to be addressed. Without uh,
all of Joe's comments to be addressed, I find it hard to know for sure what I'm approving without information. I like Judy's idea of breaking this project into two pieces with an enforcement order and an order of conditions, but
right now I I'm just a little I don't know if some of the DP uh I'm sorry, D concerns are going to impact approving finishing the patio right now. I just feel like I want more answers. I would very much like to help him finish the
project. I think it's good for him. I think it's good for us. So, I think it's good for the lake, but I feel like there's too many balls still in the air to even cleanly separate what should be in the enforcement order and what can be in an order of conditions. >> Yeah.
No, I agree with you, Ted. Just trying to organize it in in my head. And I think definitely for the notice of intent, we we we could we we couldn't or shouldn't
make a decision on that without the D comments and Joe's comments being addressed. I I feel like what I'd like is before we vote on anything or split anything that we get those answers in
plenty of time for us to all digest them before the next meeting and or before the next before whenever we continue this hearing >> and and some of that is on me because again I get this project confused with
47 Oakurst which has some similar questions. So, the more time I have to really wrap my head around all of the answers to the questions that are not yet answered, um it would really help me think through how to get this project
wrapped up. >> Yep. I you know this plan 2019 plan I asked uh the markets to um provide this plan for me as an an option for me if I was going to tear down the house which in hindsight I wish I did.
Um so all I did was focus on a buildable envelope really. Um for me what I did allow uh the marker to use this plan to overlay the old uh the new plan so that you guys could see the amount of
structures that were there and that I removed. And in my letter to you, um, and this is no lie, that I did remove at least, uh, five dumpsters of trash. Um, probably two that were in the lake and
three right around it. And those pictures I recently sent were on the the left side. Um, I had a thousand pictures, guys. Um, it it was horrific. And if you want to hear from my neighbors, I can have them all listen,
you know, come in on the next meeting to tell you how bad it was. Um, so you know, when I say I didn't I didn't blow up the place, I didn't expand like anything out of the, you
know, crazy at all anywhere. And so I feel like it's just I would like to kind of move forward on this. And you'll see even where says previous wood dock and previous uh wood deck. I mean that was all removed during this one repair. Um
that was all rotted and that was all in the water and there was trash underneath it. Um I'm continuing to do my very best to keep cleaning up uh this lake and cleaning up from the previous owner's uh messes. Um
it was a nightmare, guys. It really was. And I'm just really would like the opportunity to at least get move forward before winter sets in to just repair around the fire pit. Um, and we could all agree down the road more or less
shrubs. I mean, I already agreed to a large area and ripping out a large patio area to the far right and adding 50 linear feet of of uh wildlife along the lake. you know, I'm trying to do my very
best to work with you guys. Um, but time keeps ticking away and, you know, now it's getting to be winter time and I'm losing my window of opportunity just to do the necessary repairs. So, I'm I'm hoping we can find a way at
least for you guys to allow me to continue to do the repairs and then we can finesse everything when more facts come in from the state. And and David, the water level just
dropped right below the wall right now as today as we speak. So, should be good for you to get out there, do your your measurements. >> Yeah. No, I I mean I think we appreciate um you know the information and and and
the cleanup. Um, >> I think for the commission to make a to make our decision and something that, you know, we need to be able to to justify and I think things that like the the picture
here is is there and it's it's showing some differences and I know in your email and Dave said he provided the the numbers for that email, but it is hard to match that up with what you know is shown on the plan. So like you know
looking at the that the fire pit area as an example um of what you know if there was an existing patio there before reflecting that in numbers that are easy
you know to see and understand okay this area was I don't think that's clear right now to the commission and that's why we're having a hard time um you know wanting to to make a decision here is because it's very gray. It's
very muddy water. I know it's clear to you from having been there and worked it and you know seen the changes, but I think for us um it's not a clear picture and that and that's kind of what we're trying to get
to. And if splitting it like Judy is suggesting helps move forward, I you know, I think that's something that we can definitely um support. But the patio piece and finishing the patio piece is the part that needs D's
comments addressed. Um, and that's, you know, out of our that that's something that, you know, we need we need you all to to do. Um, we can't
do that for you or wait for that to happen later and issue an order. In the meantime, it that it has to happen before we can issue um an order. the um things like the previous wood dock on
the plan and the new dock. You know, those are numbers, areas that can be put in a table or clearly identified is this is what was there. This is the new one. Obviously, the new one's bigger than the
uh old one, you know, looking at the paper here, but we just don't have anything to kind of quantify that. Or maybe there's something that we don't um clearly see that you can explain with a table or some numbers just to make it um
more apparent what the previous condition was and what the current condition. >> Previous uh pictures. Um, so they're probably they're bio and that shows like where the dock is in the water and >> yeah, pictures pictures pictures aren't
what we're >> what what we use as metrics. So I mean I I know it'll show you know the trash and whatnot, but really when we're looking at um the plans and the orders and the enforcement orders, we're looking at
metrics and things that that are on paper, you know, that we can measure. the wood dock is there and now you have a new one. What are the sizes? What's, you know, the difference in the lawn area you said you're removing? You have a net decrease in impervious
area. Um, and that is great, but we can't really see that or pull that off of this plan um right now. So, I don't think it's far. I think it's just kind of
presenting it in a way that we can feel comfortable um with what we're we're approving >> through the chair. >> Yes. >> I would just add that if I were sitting in in your chair, Mr. Holmes, I I think
I might be frustrated with some of the slow pace of this as well. from our chair, we also have to think about the next applicant on the lake and the next applicant on the lake. And every decision we make either reaffirms precedent or changes precedent. And so
if we give approvals without all of the information that we would normally ask for, the next applicant can say, "Well, you help that last person. Why do you need all of this information from me?" And that really handcuffs us as we go forward.
Right. >> I understand. Um, yep. I mean, I'd be happy to provide anything I can and whatever other information you guys can collect, but if we could probably try to get me on the next agenda so that I can
try to hopefully do these repairs prior to the winter coming. >> Okay. Um, that sounds good. Dave Dave Markon, are you good with being able to compile that information or if you need anything from
us? Judy? >> Yeah. Yeah, we'll uh we'll get that all all done. We'll get that to uh to D and to Joe as quickly as possible. Uh I think if we don't hear uh from D
uh in a timely fashion, I think it's worth uh just continuing uh I think what we're hearing is we need to hear from D before we get together again. So uh we'll produce the information as quickly as possible. We'll distribute it and uh
and then we'll just sort of have to wait and uh and see what the EP says. and uh but I it makes sense to hear from D and to work out the bugs with with Joe um and uh before we meet again. So, let's continue for two weeks uh and we'll see
where we're at and if we need more time then we'll make the uh request. >> Okay. Um then can I get a motion to continue this out to our October 21st meeting? >> I'll make that motion. >> Can I get a second?
I'll second. >> All right. All in favor? Ed >> I. >> Ted. >> Ted is an I. >> Matt. >> Hi. >> Jim. >> Hi. >> And I'm also an I. >> Great. Thank you very much.
>> Thank you guys. Thank you for your time this evening. >> Yep. >> Appreciate everything. >> All right. >> All right. Have a good night. I'm taking the opportunity to try to switch computers here. >> Okay. Um, so that those were our only two
continued hearings for tonight. I'm going to jump back down to work session. We have trails committee exemption request for Barry Acres Boardwalk Boardwalks. Um,
Judy, were you going to go over this one or do we have someone from trails? >> I don't I'm happy to. I thought we might have had somebody, but >> yeah, actually.
Oh, >> no. It's not Chuck this time. Think he's busy with the NOI. >> Okay. Okay. Yeah, go ahead then, Judy. Okay. Yeah. So, this is similar to the last request for an exemption to install
boardwalks at Barry Acres. Um, this time they're looking at the section of trail that connects the Barry Acres uh trails over here to um the end of Chamberlain Road. Uh so, there are two kind of low sections. Anna and I walked out there
and agree that, you know, it wasn't wet at the time, but I can see after it rains those areas getting wet. um one sort of right after the entrance to the trail. Uh that's going to be the 16 foot boardwalk and then one a little bit further in um will be the 60 foot one.
It's a little bit longer. Um pressuret treated wood. I think the same width as the other ones. Um and they are requesting an exemption from filing for a permit to install these two. Happy to try to answer any questions.
>> Okay. >> There's some pictures they sent as well. So, these are the two spots. >> Oh, yeah. Okay. >> Um, I don't have any questions. This looks pretty typical what we've approved
in the past under exemptions. Um, does anyone have any questions, comments, thoughts? Uh, I don't think I have an important question, but I'm having trouble picturing where that spot is for the
trail going west. If I picture that culdeac, I see the house there on the western side of the culdesac and then there's a metal fence, I think, before you get to the water. Is this path on the northern side of that metal fence?
Is this >> So, if you're looking towards the gate that's um right in front of the like emergency access bridge, >> um it's right to the left of that. So, not past the gate. Um there's just a
little trail cutting through the brush there. Um like if you're going straight off from where the catch basin in the culde-sac is right at the end um to the left. >> Okay. Yeah.
Okay. I don't have any other questions. I just have trouble picturing where that is. >> Yeah, it's like past that last house on the left. >> Okay. >> Last house on the left. >> To the chair. >> Yes.
>> Is there was there a detail provided on the proposed boardwalk as far as height, spacing of boards and things like that? I I didn't uh have a chance to take a look at this. >> Yeah, that's a good question.
>> No, they usually do, >> but we did not get like specs of the boardwalks this time. That should be something. I mean, I guess I'm assuming, but I shouldn't assume. There's some saying about that.
um assuming that they use the ones that we approved in the past. But it's a good comment, Joe, that maybe we want to have them append that to this application before we actually approve it. >> In fact, I think they could almost cut
and paste it from a previous application. It's probably the construction, but I think it's probably bad form to vote approval on a probable assumption. >> Yeah. Okay.
Uh, let's ask for that then. That'll give Joe a chance to check it out, too. >> No problem. I'll ask them that. >> All right. Thanks, Judy. >> Yep. >> Thank you, Joe. That was good. Good call. >> Chose review on the fly. It was good.
Um, all right. So, next up we have Harris to Curtis Road minor ch minor project change request. >> Um, all right. We had this on for the last meeting. Um, and I see Joe Marquon, are you here
for this one? >> All right. >> You may recall this one. We spoke about this one at the last hearing. Um, I tried to put my ducks in a row with all the stakeholders before we started that process. Uh, one of those was the health
department. I met with Brian Besso with a draft plan and I thought I had it straight, but I am embarrassed to admit that I misunderstood the guidance I was receiving from Brian Besso. Um, he spoke of the flow of effluent and the need for
a polyarrier underground to mitigate some concerns. I assume we were talking about flow towards Curtis Road and flow towards the south towards number four. Uh he was also looking for um poly
barrier to the north and west uh flow back towards uh 19 circa 1950s masonry block foundation wall so that we did not get flow back from the leech beds into uh the facility. Um that's the part I
missed. So, um, in speaking with, uh, Judy, she suggests that I pull together a plan, uh, make a request of you folks, uh, for the change, and it's highlighted here in blue. Uh, that did not appear on the last plan, that section that now
runs along the foundation to provide that extra bit of safety factor. So, it uh, the erosion control did not change. The limit of work has not expanded. Uh the barrier is 70 to 95 ft
from the resource area. So we are well off uh from uh the resource. Um not a dramatic change in my mind. Um Judy suggested uh we come to you folks and and make the ask and I don't feel it's a big one. Um I'd be happy to answer any
other questions. >> Okay. Thanks Joe. Yeah, this just looks like a little bit of additional grading in the existing disturb area. So, I' I'd agree that um it looks like a minor
project change. Um does anyone else have any thoughts on this? Anyone from the public? Okay. Um, that being said, can I get a motion to issue a minor project change approval
or approve as a min minor project change? >> I'll make that motion, Z. >> And can I get a second? >> Sure, I'll second it. All right. >> All in favor, Ed.
I >> Ted. >> Ted is an I >> Matt. >> I >> Jim. >> I >> And I am also an I. All right. Easy peasy. Thanks, Joe. >> Thank you very much.
>> Yep. Next up, we have one Fox Hollow Road request for certificate of compliance. Um Judy, you want to go over this for us? >> Sure. Um this was a order of conditions
issued in 2024 for a septic system and associated grading for a single family house. Um can pass it over to Joe to go over his comments. Um but just as an overview, he
mentioned the site was stable. Um, there was ongoing work on the driveway that was outside of jurisdiction. He recommended the erosion controls be removed. Uh, move one of the PIBs that was installed incorrectly.
Um, and then a minor asbill plan change to label the PIBs as the PIB. So, that's been done. Um, and Anna and I did confirm that the PIB that was installed on SVT property was moved back over into
the line of PIBs. Uh, and we also worked with the homeowner to add two additional PIBs at the edge of lawn. Um, as this is a really steep slope and you can't really see the PIBs down here. Um, so just another added visual barrier there.
Uh, we did confirm that the erosion controls were fully removed. Um although in doing so it looks like the homeowner uh did quite a bit of heavy pruning in the back. So I just wanted to make sure you all were aware of that. Um mostly
pruning, but it did look like two small saplings were cut. Um and I have the homeowner's explanation of this in the folder. I I can attest that area was super tight and riddled with poison ivy. So, you know, it was going to be a task to get the erosion
controls out. Um, if I missed anything, Joe, feel free to jump in. Um, but I think concom you all can decide if you want any mitigation for the removed vegetation. I think that's the only thing um to discuss. Otherwise, it's ready for COC
in my opinion. >> Okay. Um, Joe, do you have anything to add from your >> No, I I think Judy covered all my points perfectly. >> Okay. Um all right do we have the homeowner on
the call? >> Yes uh we are here. Um hello >> hello. Uh yeah this is uh our uh meeting after one year. Uh thank you all for with your cooperation last year. Uh so
as Judy summarized uh it was that u the lost few things what we need to do to remove some of the fences uh silt fence and all uh it it is like a lost house in uh in the neighborhood u and then it's
the project was uh going on for um I mean that subdivision was going on for almost 7 years so there were a lot of uh fences that were there in the back Um so uh my idea was just to u try to clean up
as much as uh all the fences that were there like there were like v fences uh buried silk silk fences. So in doing so as Judy mentioned um so one area there were some poison ivies and then it was a very tight spot either to sit or uh
stand. So some pruning was done there. uh apart from that um so I try to uh uh follow what conservation commission said to me um so we'll we'll try to cooperate with the town. Yeah. >> Yeah. We have been working with Judy and
Anna closely and all the slit fence and the vaddles which was buried under the under the soil are are all taken out. >> Okay. Okay. Thank you for working with Anna and Judy on that. I know sometimes,
especially if they've been in there for a really long time, those silk fences can get buried pretty deep. Um >> Yeah, it's about like five five six inches. Um yeah, it was uh tight spots. Yeah.
>> Okay. Um Okay. Well, thank you. Thank you for your for doing that. Um and for putting the additional PIBs at the top of the wall. I think that's very helpful, too, especially if it's getting overgrown down at the bottom.
Um, I think I'm I'm good with approving this. Does anyone have any other thoughts from the commission or the audience? No. All right. Can I get a motion to issue
the certificate of compliance for one Fox Hollow Road with signatures by Annie, Anna, or Judy? >> I'll move. >> Can I get a second? >> I guess I'll do a second. I'm looking at
Ed. >> All right. All in favor? Ed. >> I. >> Ted. >> Ted is an I. >> Matt. >> I. >> Jim. All right. >> And I am also in I.
So, you're all set. Thank you for your work on this. >> All right. Next up, we have One Emerald Drive. Um, Judy, you want to go ahead and uh give an overview on recommendation on this one? >> Sure. Um so this was an order of
conditions issued for construction of the house and associated site work um at one Emerald Drive. So previously zero Hayden Row. Um very minor comments on the COC. So self-reported changes were
just uh grading on the southwest side of the house higher than proposed. Um and Joe's comments fairly minor. Uh site was stable. Erosion controls had already been removed. um or were biodegradable and decomposing.
Uh so nothing outstanding on this one. Um recommend approving the COC. >> Okay. >> Joe, did you have anything to add? >> Uh no, no additional comments. >> Okay. >> Anyone else have any questions or
comments on this one? I think it's pretty straightforward. So that being said, can I get a motion to issue a certificate of compliance for one Emerald Drive with signatures by Anna or Judy?
>> This is Ed. I'll make that motion. >> And I'm really happy to second Ed's motion. >> All right. All in favor? Ed. >> I. >> Ed. >> Ted is an I. >> Matt. >> I. Jim
>> Hi. >> And I am also an I. So then moving on to number two, Emerald Drive. Also a request for certificate of compliance. Um
Judy, can you give us a overview and recommendation on this one as well? >> Sure. Um so house directly across the street. Um again another order of conditions issued for construction of the house in preparation of the site. Um
a few more self-reported changes from the engineer on this one. Um they said the overflow outlet from the rooftop infiltration unit uh was installed within buffer zone on the northeast side of the house. So I believe that's around here.
Uh the PIB was installed around 3 to six feet west of what was proposed. Uh grading at the rear of the house was higher than proposed. Um and a stake boulder wall was constructed in buffer zone near the north side of the wall or
north side of the property, sorry. Um Joe's comments on this one uh indicated the site was stable. Uh there were erosion controls remaining at the property at the time of his site visit uh that have since been removed. Um
so I think as long as the commission is okay with the changes reported by the engineer, I think this is also in a good position to be um COC to be issued. >> Okay. and that um the change in the drywall
outlet location. Um I don't know if you know Judy or Joe or I see Chris is on the call too. Um was that stable that outlet or why was that did
it change drastically or was there a reason for that? I'm assuming it's just grades and >> Hi, this is Chris Nation. How are you? >> Hey, Chris. >> Hi. Uh,
the outlet is indicated on the plan, it actually shows an invert. Um, at the if you see the dry well in the rear and then that outlet is maybe 20 feet away or so. But it is noted on the
plan as a 4 in PVC and then it shows an inverted 385 point. I believe that's 85. >> Yep. >> So it it is there's another there's a substantial amount of lawn before that
terminates or I should say between where that terminates and the in the wall and and then the resource area. As for how that differs from the original plan, um I don't have that original plan on me. Um
I didn't realize that it was um going to be a specific question, I guess. >> I was just curious. Yeah, >> I I Yeah, >> it was always there was always going to be an outlet. It just the location changed a little bit. Is that
essentially [Music] Boy, it's not clear to me. >> Yeah, this is the approved plans up here. I'm not seeing a specific location for it. >> Yeah. Interesting. Nor am I
>> for the chair. >> Yes, Hannah. >> So, typically, um, houses in the commission's jurisdiction have that standard condition that all roof, you know, the drywall. So, it may have just been that um it wasn't originally proposed, but Chris may have been reading the order and seen that
condition and so we didn't have that specific um you know location and we just didn't catch it, but we had conditioned that it did need a dry well. So, maybe that is what happened. >> Okay.
>> I can I can say that I never I never see anything come out of it. Um, but it is but it is there for roof runoff. >> That's and I'm sure if it if it looked like an issue, Joe would have picked it
up on his review. So I feel >> Yeah. through the chair. There is a photo um or a couple photos of that. It's the commission isn't for [Music] number 16
>> uh 0642 kind of shows the the outlet in the lawn between that and you know resource. >> Oh yeah, nice and flat. >> Okay. Yeah, I don't have any further questions.
through the chair. >> Yes. Uh >> I just want to confirm one thing. Looking at the plan, I think it's true, but when the PIBs were placed 3 to six feet further west than the original plan, that's further from the resource
area, right? I see Joe nodding yes. So great. I got no beef with that at all. >> All right. Anything else from anyone?
Nope. All right. Can I get a motion to issue a certificate of compliance for number two Emerald Drive with signatures by Anna or Judy? >> So moved. >> I'll second.
>> All right. All in favor? Ed. >> I. >> Ted. >> Ted is an I. >> Matt. Hi, >> Jim. >> Hi. >> And I am also an I. >> So, you're all set. Thanks, Chris.
>> Thank you. Have a good night. >> You too. >> Um, all right. Public forum requests. >> This is Ed and I have a question. Sure. >> When we did the cleanup
at the bridge over the Sbury River and there's um plastic wrapped waddle that's been left and it's buried etc. Um, and
I'm really wondering what the best um, resolution to that is. If you know, the fact that it's wrapped in plastic is what what sort of um, has my attention. >> Yeah, go ahead, Judy. Yeah, I think this
was associated with work on the bridge at Akens Park over the Sudbury River. I think that's on our side. So, I can reach out to Carrie about it. I think it was maybe too much to do it as part of the cleanup. Um, but I can definitely talk to Carrie and if not, I also saw
Waddles on the South Burough side, so I can reach out to the South Borough agent, too. >> This is about keeping your own house in order. Yep. Um, thanks Ed. Appreciate that.
And were there any other public forum requests? We covered carries. >> No, >> already. >> No additional. >> That was it. Okay. All right, that being said, anyone have anything else?
It's a quick one tonight. >> It was. >> Yeah, >> we're gonna have a long one sometime soon. >> I know. >> We finally got Matt to be quiet. >> I'm tired today. Well, with that, um, can I get a motion
to close the here? Close the meeting. >> I'll make that motion. >> All right. [Music] >> I'll second. Oh, no. I'll give it to Jim. >> Yeah, give it to me. Thanks. >> All right. All in favor? Ed. >> I.
>> Ted. >> Ted is an I. >> Matt. >> I. >> Jim. I >> and then I am also an I. >> I. >> That does it. >> Any candidates that we know of yet? Melissa, any update on that?
>> No, no candidates yet. >> I'll spread the word further. >> Oh, yeah. Keep uh reaching further out. >> I can attest to Jim and I are trying. I think on the 18th Saturday when there's another one of those peaceful protests,
I'll put up an advertisement. >> Okay. >> Okay. >> All right. Thanks everybody. See y'all. >> Good night. >> Good night. Thank you. >> Good night.