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Video-1: youtube.com/watch?v=tgytLiyS9Uo

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Okay. Good evening everyone and welcome to the July 14th meeting of the Lakeville Conservation Commission. We will start like we always do introducing ourselves. >> I'm Mark Minton. I'm the agent. >> John Leblanc. >> Nancy Yates. >> Joseph Chamberlain.

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>> Mark Knox. William Rafanos, >> Matthew Ferrer. >> Okay. First on the agenda, we have the Charles River Wheelers who are requesting use of Tamarak Park as a rest stop for their bike race again this year.

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>> Is nobody here representing them? >> Can I make a motion? >> Sure. >> I motion to approve it. >> Okay, >> I'll second that. >> All the same conditions as usual. >> They haven't made a problem. They haven't made any changes. >> No. And they've never had any issues.

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>> All right. I have a motion and second. All in favor? >> I >> I. >> Oh, look at that. >> Okay. Next on the agenda is a request for determination of applicability for parking lot paving for 310 Kenneth Welsh

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Drive. >> Good. >> Yep. That's fine. >> Andy Russo Russo brothers. Wow. We're looking at a project to do over there for them at 310. Repaving in kind. We're not expanding. We're not making bigger, adding spots. Literally taking the

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deplorable pavement away, regrading it, repaving it exactly the way it is. Same line striping, same BMS, nothing different. Um, I didn't use water properly, >> but all right. >> It shows

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>> I think everybody got >> I have a couple copies you want to pass around. It's just a gigantic thing I sent him before. Sorry. Um, >> I think we all got I think we all got copies. >> Yeah, you did. I got to use the car and

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what I do know. Um, what I just suggested I talk to Mark about it when I requested if I need to do all this. Basically, we're going to put in straw wall and silt fence at the start of the property and run right around the whole back side. Even though we're not encumbering any of the back of the property with no pavement at all.

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There's nothing going on between the engine here and then this side. I can still run a whole piece down the back side if you prefer it. Uh there is no work being done at all behind the entire building. There's no pavement there at all.

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It's just the two outside ends. >> Okay. I think um Mark looked into this so we're going to let >> Yep. Mark talk about it. So um I didn't mention so there was and we discussed um

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and I passed out all the copies but um there's when we first talked or spoke you had mentioned that that there's exemptions for repaving parking lots that were um put down before 1996 and I

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think that was the riverfront act was added to the um wetlands protection act. So I did some some investigation into that spoke with D. So um there is that

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potential exemption and I it was uh that lot was put in in >> 93 the tax card says you supplied us with >> Thank you. Um, so I also, uh, if you read I I I cut out the blurb for from

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the regulations that kind of lays out the exemption there. >> Yeah. Parking lot within the riverfront area in existence on August 7th, 1996, it's exempt. >> Yeah. And and it also mentions uh there's a little caveat uh if there's a

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resource area within that buffer zone. So it does the building which is the building itself falls within the flood zone but it doesn't generate a buffer. So um um I guess

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I I I I mean I I I think well I I'm going to let you all discuss but I I mean I I I I have a sense about you know feeling how we should proceed or how the commission should proceed. I did have I did have a couple questions about

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>> uh when you're taking up what's there already um in terms of like are do and I don't know but do you do sweeping I mean is there some way reclaim it reclaimer in which grinds it all up and keeps it in place um excess will be hauled off

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site to a disposable facility of any excess if any um regrade it compact it no grades are changing no elevations are changing all catch basins will silk sack to protect it and then we'll have the like silk straw ball silk fence around the entire property. Um we can either

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just do like the drawing guys I sent in with colored up to the point and tie it back into like where the existing concrete pad is or I can run it the whole way down if you prefer. It's either here or whatever you guys prefer. Uh other than that even silt sacks out on the road out in front which again

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nothing will be going out there and then there will be daily sweep sweeper there. any trucks that leave the property, we'll sweep it out in front and it'll be kept clean. The whole pro the whole process should take us four days. >> That was my next question. >> Four to five depending on weather and whatnot. Four to 5 days. And that's if

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we also when we reclaim if any catch basins were to fail. They don't look good. We did an inspection, but you never know. If something broke loose, we have to rebuild one, maybe add another half a day or something. Nothing crazy. >> Should we have a plan to relocate the automobile that normally would be parking? >> Yeah, we already talked to Papa Yonas.

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We're going to do it in phases. We're going to put everybody that would normally be over here on this side. They'll be a little tight, but they can make it work. Little inconvenience, but at least we can get one side done quickly and efficiently and then flop them. The minute I put the binder down, they can park on it. I'll get this one

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bindered and then I'll probably come in on a Saturday and top the whole thing when no one's around and line stripe it on a Sunday. That way, we don't affect anybody. Business as usual. >> Yeah. I'll leave the straw wall sill fence up for probably another four to five months after. Once everything's

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good and stabilized, no cracking, nothing, we'll pick it all up. >> So, this is not your first rodeo. >> No, sorry. I wish it was, but no. >> So, that when you pull up all that asphalt, the reclaimed asphalt, how toxic is that?

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>> I mean, do you need to know where do we need to know where it's going or can it just be go anywhere? is >> it is 99.9% of it is staying right here. We're taking ex the existing parking lot existing grades and when you just reg

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grinding it all up to gravel re-rolling it regrading it so it will fluff up when you reclaim it all and once you grade it compact it goes back >> then you roll it back down. >> Correct. >> Are you going to put a coat on top of it or anything? >> You're going to put asphalt back on top >> back on top of it. >> Two coats of asphalt binder on top.

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>> Then there. >> So most of it stay. >> I'm sorry. So most of it's staying >> 99% of it. There is always that thing with a little excess of gravel. At that point it's just gravel and then we take it to there's a bunch of facilities around that reprocess it basically. We dump it. They reload it. Someone else will sell it to them for guys doing

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driveways and whatnot. It's reclaimed asphalt. >> All right. So there's not a quantity that we need a chain of custody. >> No. >> All right. >> No. To my knowledge. It's pretty standard practice. I think just even guys like he had suggested that people purchase that as a a base that it compacts well.

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>> Yeah, they do that on the roads a lot on the shorefront communities. >> Um may I ask u just it's been pretty hot and dry. Uh when you grind it's probably going to be a little bit dusty. Do you have a water truck? >> We have a water truck that will be there

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on site if need control. We also put down calcium chloride to keep the dust down while we're grading it. >> Okay. Um, just while I'm speaking, I I would be satisfactory with the silt sock or whatever they use coming around and touching the building or coming up high

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enough to I don't think that they need to run it the 500 ft along the building if there's no work out there. That would be my zero thought. >> I agree. >> But I don't want to speak for the board. I'm just giving my opinion on that. >> Okay. >> But I'm good. >> Thank you. So, so I I and this is just a thought

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you had mentioned in in front of the building along Kenneth Welch Drive on the other side wetlands there's a couple spots they come right up to the road needs to potentially put down siltation along there. I >> I I would think that's probably a good

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idea. I don't know what the the commission I mean there's certainly a couple spots it doesn't >> at least along Storm Drains in the road. >> Yeah. Sacks. Yeah. >> And what I do is also, Mike, I'd let you know a week before we go in and put the erosion control in. And then before anything happened at all, I'd have you

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check it, make sure you're satisfied, and then you can say, "Okay, you're good to go." And then we'll proceed. I'm not going to just show up and say, "Hey, we're working." I'll let you know a week ahead of time, if not two, that this will be installed on this date in your leisure. You can drive by, check out, satisfied, I proceed. If not satisfied,

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you call me and I answer right away. >> All right. And that's good to commission members. >> Oh, I'm sorry. >> No, no, no. I Yeah, just >> Well, that's right. I can mark just what you have to. >> Yeah. Thank you.

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>> So, your recommendation, Mark? >> Well, to to um go ahead and I guess since it's an RDA, what do we condition it with? um um facilitation control

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notification of the commission. I don't know what else. >> Okay. So, we look for uh a motion to approve uh no to issue a negative >> negative >> a negative number three with condition to

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um contact the agent >> prior to start of work. And what was the other >> siltation barrier? >> Well, that's what be inspecting the siltation barrier and you will put them put that up as proposed and all the silt

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sacks in the drainage basins. >> Correct. >> Okay. >> Is it is there I mean I it sounds like it's how how you operate but you know like the the water truck is there any you know standard equipment? I I don't know. >> 2025 standard water truck. We fill it

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up. What we'll do is we could bring it down full. If we need it more, I would contact DPW, rent a meter, have them come out, they install a meter on a local hydrant, and we can get water that way. If not, I can get it from the building. But usually, I try and stay out of the building and just deal with the DPW, pay the meter fee. Most towns,

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I even check with Lakeville until after this meeting. But most towns let you rent a meter and you shot pay for the water you use and they'll set up a hydro locally. >> Yeah. Yeah. And and I that came up, but also like the sweeping that's I I don't think we need to like lay all that stuff

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out, but I'm just I'm throwing that out there. If there >> Let that go through the city of Taunt. >> The water through the hydrant. Let that go through the city of Taunt. That's not our fight. >> Yeah. >> Uh so I'll restate Nancy.

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>> Yep. Uh I move to issue a negative3 determination with the condition to install all facilitation in drains and along the wetlands. Notify the agent and proceed as stated here in the meeting.

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>> Second. >> Any discussion? >> All in favor? >> I >> I >> Excuse me. May I'm good to go. Sit up and call you. Okay. You guys want these? I don't need that.

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>> Yeah. Yeah. Okay. Like face mask for kids birthdays. >> Must have more storage than I think. >> Thank you. >> Thank you very much. Thanks. >> Okay. Next up, five quick shan circle. We want to get that mic.

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>> This is a request for termination for the installation of an ingground pool. >> Hi. >> Good evening, Madam Chair, members of the commission. For record, my name is Josh Bar. IA live at 4 John

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Milton the homeowner and we live at 5 circle. >> So before the commission tonight we have a request for determination of applicability to install a pool with all the associated equipment uh around the pool. There will be a concrete apron uh

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with the pool system equipment going behind the shed. Uh if you're reviewing the RDA that we've submitted and you're looking at the the colorful picture that we've provided, uh that the green square around the pool will be a pool fence uh

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to provide safety for children and to uh keep all the pool toys within the designated area. Um on that map we were uh respectful of the commission's maybe not determined but historic 25 no

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disturb zone and um we also acknowledge that there is a drainage feature to uh the south of the pool as well. Um, Madame Chair, I don't know how the commission feels about new information or or I prepared a little

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slide deck for you if you would be accepting of it tonight. >> You've prepared what? >> Just a little presentation. >> All right. >> That I would like to go through if you're if you're accepting new information at the time of the hearing.

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>> I think I'd like to talk a little bit about it first before we accept new information. I don't know how anybody feels, but um I you know because I told you this that I think this needs to be a notice of

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intent. I have three notice of intents here from Zenith Engineering over the past couple of years. Four pools between the 50 and the 100. And they're all notices of intent.

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I feel that we've always tried to treat all the different filings that we get in the same manner and not treat one different from another. And I really like all the conditions that you put on here, but in RDA, they really are not as

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meaningful as they are on a notice of intent. They're enforcable. all these things about the drainage and everything that you put on here would be conditions that we should be putting on an order of conditions. I don't know how anybody else feels

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about that. I did find one RDA for a pool, but it was like closer to 80 to 90 ft from the wetland area that we accepted an RDA for. and the rest have all been I guess I'm just fearful if we

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make a change all of a sudden that it's all right for an RDA for a pool and Mark I think had measured and I don't know how accurate it is online but he had measured um on the GPS that it was more like 33 ft from the wetland so I mean he

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didn't you didn't actually go out there and measure so I don't really know >> yeah the the the mass GIS is has has its inaccuracies for sure. It it could have been either way. Um, >> right. And this is not an engineered plan. And I also had told you that an

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engineered plan is right at the board of health. If you just got at the engineered plan from the board of health and drew that on there where 1 in equals 40 ft. Cuz I looked it up. I looked up the engineered plan at the board of health. And you could just draw it on there and it would be more accurate

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because if you put the scale on it, 1 in equals 40T. And we would have that. And you also mentioned in the verbal is there any it looks like the shed's already there. Is that correct? Because in your verbal

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you had said extra. I guess John you think that means the apron. >> Yeah the apron and the fence. The fence by code. >> Yeah. Uh fence is required for any outdoor inground pools. Um it's it's a safety law

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>> and we would give you credit for the money that you already put in for the RDA. Um you would have to put it in the paper and put it to D would be the only difference is it's not like a huge

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monetary like you said if you had an engineer put it on there it would be $5,000. I get that. That's ex over the top. But if you can get that engineered plan and put it on and do it yourself, it's really not that much over. And I personally feel better with us issuing

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the order of conditions instead of you determining the conditions to put on RDA. That's really not enforceable. So I don't know how anybody else feels about this. I just didn't want to Yep. >> Josh, who determined the wetland line?

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>> Uh I did. And then if you so on the map it's approximate but if you go out there it's very clear uh the wetland line out there is uh preceded by a 10-ft drop of the cranberry bo the to the cranberry bog to the to the pond.

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>> Okay. >> Yeah. It's >> it's a burn it's I think it was a burn a little ways in. I didn't go that far. >> Madam chair I I did do the research. I did notice that you historically have been approving pools under notices of intent. Uh I would argue that this

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application is a little different, but I would also argue that all applications are different. So by just issuing an RDA for this one doesn't set precedent for you issuing an RDA for something else. And if you allow me to give my brief presentation, I think you'll really

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understand why this is a lot different and probably has no effect on the resource area. I I want to see the show. >> Okay, that's that's one. >> All right, >> I'm okay with listening. >> Y Thanks. I appreciate that.

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>> And I'll skip through a few pages to keep it expeditious. >> Okay. So, if the commission would like to jump to page number four, I think this is where we really get into the the the meat of the application. Uh, and this is where I give a brief history of the site

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itself. uh that that first image that you're looking at is 1995 when uh the the larger parcel is designated for cranberry bog operations. That's the first time the irrigation pond shows up. Um the second image there

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is 2001 where you can see the bogs were established and uh in the top leftand corner of that bog it looks like they're adding sand to continue bog operations. In 2005 or between 2001 and 2005 they changed their model. They decide that

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they no longer want to be in the cranberry business and now they want to do residential development. This is uh Ricochetan Circle and Cedar Pond uh drive. Um one important note about that is when they started construction on the

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residential properties, they didn't fill the entirety of the wetland or the cranberry bogs. They left them pretty much the same level as the cranberry bog. So while you drive through this development, there is a lot you can look behind the houses and see that the

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cranberry bog road still exists. Um, and then in 2010, so looking at 2005, you'll see that there's a connection between the irrigation pond and Cedar Pond, and it's kind of in that bottom quarter of

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it. In 2010, you can see that that uh connection between those two bodies of water no longer exists. Um, when the property started to be developed in 2013, the HOA actually had discussions about

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filling in the irrigation pond, but they never came before the commission, you know, for that permission. Um, moving forward, uh, so on page six, you're going to see that I've taken two photos. The photo on the left is, um,

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standing in the irrigation pond looking out towards Cedar Pond. Uh and you'll see that there is no uh there's no like uh connection between the two. There's no culvert. There's nothing. It it and on the picture on the

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right, you'll see that this is now the pond looking back towards the the road or the connection. And you'll see that there's been no water uh flowing through there as you know all the leaves on the ground would uh show. Moving on to

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page seven. Uh actually we can skip page seven. keep this expedition for the commission. So, this is uh looking from I would say the street back towards the bog road. And you can see I've

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established two lines on the page here. That's the bottom of the BM and the top of the BM. There's probably a good 3 and 1/2 4 ft of elevation difference between this yard and the top of that road. So when you think about uh this work affecting the resource area of the pond,

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it it's nearly impossible. Um moving on to page eight, you'll see that I just lay out where the actual delineation of the fur is. It's probably about 12 ft wide. And like I said, it it drops pretty substantially on the other side.

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But uh in our request for determination of applicability, we've laid out a spot for all the soils to go as they're excavating the pool. And um while we have presented a lot of conditions for

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the application, I would argue that they are not conditions. They're just the standard on which we're doing the project. So, you know, we've actually essentially told the board that these are conditions we are imposing on ourselves. So,

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>> may I speak to this, Nancy? >> Sure. >> Um, I I do think that uh where this is within a landscape existing lawn already, um, maybe that would be an argument towards the RDA. That said, I

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don't think we should act on it until Mark makes a site visit and or if anybody else wants to look at this. I think that would be good for somebody or part of the commission to put their eyes on it in the field. Um, if we were to decide to proceed with an RDA, I would

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ask you to take the silt uh siltation barrier off the other corner of the fence and protect the retention pond as well. >> We have no problem doing that. Uh so that's my thought is we don't act tonight other than schedule a site visit

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to satisfy with you know verify what Josh is saying and come back and act on it >> okay >> after that but my suggestion that's all >> right that's one >> I would I would go with that if people

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want to go if the commission wants to go and look at it >> sure yeah if there's a threeoot burn Yeah, >> you're not going to you're not going to disturb it. >> Right. I'd like to verify that. >> It's hard to see in the pictures. >> I I'm not saying it's not there, but I

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just think I'd love to say Mark visited the site. >> Yeah. >> John went with him. >> Yeah. Big B, >> landscape lawn. >> Yeah, I'm good with that. >> They got a good plan. And I I did I did go out on the site, but I didn't I

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didn't get onto your property, so I didn't see the actual burm as it depicted there. I started to walk up the burm road and ran into Green Brier pretty quickly. So, >> um confirmed there was a burm there. >> So, when's the next? >> Yeah. And and if >> Yeah. Um 28th

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>> 28. >> If this uh site visit can happen and it can be scheduled where either Josh or the owner could be there, it might be a good thing. >> Yeah. I agree >> for Mark and the commission members that are present to discuss the location of that

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silk fence that I just mentioned toward the retention pond because I notice you have a vegetated buffer there. Elevations are in question. It's we don't have a topographic plan, but I I just think that's something that could be settled with. Yeah, run it here. I don't expect you to remove landscape to

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put in the silt fence. And it looks like you're going to be notching in on that corner a little bit. So locate that visually while they're there before we return to the the next meeting. >> Do you want to make a motion? >> I move to continue this hearing until

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our next meeting at >> We would make a motion to continue the hearing to 7:28 at 7:00. >> Second. >> Any discussion? Yep. Go ahead. Um, so I I'm just curious, um, um, so h how are you going to how would

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the excavators I mean, obviously you got you got um, is that an issue? Have you figured out how you're going to >> get them on site to the back? >> No. U lawn. There's enough room between the house and the vegetation to easily

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move one of those pieces of equipment through there. Uh we have we see no issue with getting uh machinery onto the site. The septic's not in there. >> Just confirm the septic loation and stuff. >> Yeah. >> And my my one other question again is my

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probably a little bit my ignorance. So when you drain the pool, I know you have a discussion of it in your narrative, but I mean where do you see I mean is it into a dry well or >> So I we we did play a place to drain the pool, but historically with inground

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pools, the amount of times you ever drain them is pretty rare. It's actually uh against better judgment to drain an ingground pool, especially we are not, but if you were in a area where the water table is a little high, not having the weight in the pool could could

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destroy it. So, um but with that being said, you know, we have a large retention basin just to the south of the pool, uh that would easily handle any of it. >> All right. And and there's no issues with putting it in that I guess. No,

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especially not if it's a saltwater pool where you're converting the salt into chlorine. >> Yeah, there there wouldn't be really any issue at all. >> Okay. >> Oh, so and it'll be outdoors so it would be less you'll have UV and >> Yeah.

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>> And Mark, anytime you want to set up a site visit, we'd be more than happy to meet you out there. >> Yeah. Yeah. Well, um, you should call the office and we can reach out, find a time, and I'll try to coordinate. Are you looking to do the pool this year?

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>> The the goal is to have the installation end of August early September. >> In September. >> Yeah. >> Okay. And and the pool vendor, they're marking out the property where it's going to get staked out. >> Yes, it's already actually been staked out. >> It's been already staked out. Okay. Just before we do a site visit, so we don't

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>> Yep, it's there. >> Um, even better. And I got a question. Is this what they were looking for for border health where marked out >> with a with a >> That's what that looks like. the engineered plan necessary. >> Well, they're asking what we asked earlier to look for where the septic is

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and where I placing that on the page. I was just looking at >> Right. >> That's the I think that's the asis from >> Yeah. >> ASB bill. >> Yeah, the as bill. >> Yeah. >> Okay. >> All right. So, we have a motion and a second. >> Yep. >> Second it.

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>> I do. >> Okay. Just so Lori knows. Um, all in favor? Hi. >> Thank you. And Mark will be in touch. Nice to meet you. So, here. How old is this SE number, Joe? 452.

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2005, right? Something like that, probably. >> Yeah. June 6th, 2005. It was received. >> 2005. >> 21. Okay, next up, 325 Bedford Street is

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looking for a request for a certificate of compliance for the Lakeville Athletic Club. 325 Bedford Street. >> So, I didn't complete a site visit report, but I went out there. It's a

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It's a The tennis court was what the >> Yeah, we looked it up. We looked at the plan. Yeah. Everything's stabilized and planted and it looks good. >> It goes right up to I think goes right up to the property line just about the Dennis courts do. So they've been there

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for this long. >> Yeah. >> So the court might be for the sale of the property. Is that why they want to It's probably on the deed. They need to get off the deed. >> That's what I heard. That's >> that's when they suddenly the interest develops. >> Yes. Yes.

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>> So, Mark, would your recommendation be for approval of the certificate of compliance? >> Yes. >> I'll move that we approve an a certificate of compliance for 325 Beverage Street to close out SE 192-452.

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>> Second. >> All in favor? I >> I >> All right. Next up, 38 Lakeside. We have Yeah,

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>> hi Jason. >> How are you? >> Good. Uh this is 38 therapy. >> Um this was a continued hearing where we wanted to meet outside with Mark, >> right? Cuz I couldn't find it. >> Yeah. Oh, yeah. It's Yeah, there's a lot

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of debris down in this area. But uh Mark and I got out there, walked one in line. you know, pretty typical down at the bottom of the long slope. Um, and uh everything looked pretty good.

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Thank you. So, I just passed out. These are um from the the GIS, but uh I printed it out. I I was out there um with Jason. Jason met me out there. Thank you, Jason. The

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flags were all all there. They're in good shape. I guess they were hung in December of last year. >> Yeah, December 2025. And so I I I provided this to give a little context in terms of our

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orientation looking at the the plan that that we got the filing. So I recall GIS had more off this way. So they do extend into the corner of the property there. >> All right. So this is pretty easy,

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right? >> Yeah. The flag through there. Can I ask one question? I don't know. Go ahead. >> So, you had mentioned I think there's there's going to be a house going in. Is that And it But it's it's actually pretty far up slope this. >> Yeah, that's that's the plan at the moment, but um

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>> might change. I doubt it'll change. There's only so much you can do here. So, >> right. >> They did test over here. >> Okay. Well, all you're looking for right now is for us to say yes, that's okay. So, you're looking for We're looking for

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the the I'll just add the the flags were there. I didn't see any obvious like fagnum on the the wrong side of the flags or any obligate wetland plants that just were obvious. So I didn't I didn't have an augur, but it seemed to

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me that the flags kind of followed what you would think based on plants that you could see >> and topography. So, we're we're looking for >> to close the hearing

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>> close hearing >> and issue an order of resource area delineation and ORAD >> 438 Lakeside A >> 438 Lakeside A. >> So moved. >> Second. >> Uh SE 192963.

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>> 963. Yep. >> Okay. All in favor? >> I. There you go, Jason. >> Thanks for waiting very much. Absolutely. >> He was night. I moved them up. >> Appreciate it. I appreciate it. >> All right, you guys. It's

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>> my fault because I couldn't find the flags, but I meant to do it last time. So, >> you guys have a good evening. >> Thank you. >> You're going to be in for a shock when you walk outside of me and the igloo in here outside. We'll see you. Have a good

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night. Yep. Good night. Okay. Next. Six Morrison way which is a notice of intent to replace an ISIS existing structure with a new structure using the same footprint and this is continued from June 23rd.

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We get the hold of it for you if you want. Um so I'm Rick from China engineering on on your left um I call the existing structure

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the water is here this is a distant foot trail uh mar at the bottom of the plan. This is a gravel area, existing shed in the existing building.

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Um, and you can see on the right proposal, the same gravel area, same shed, same side structure. Um, the little patio on the front here is still there. The lawn is the same.

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It's just basically replacing this old structure with the new structure. >> Is that the same size? >> Approximately the same size within within 100 square ft or so. And and the proposal is to have it um

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panelized. So that basically going to do the um foundation. Uh we've shown a sill fence between there is quite a quite a distance to the to the water. Um and then it would just

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come up and put up the panels and finish up the dwelling. >> Isn't there there's a property in between that property and the water that it's the association beach. Right. >> That's right. >> Right. >> Yep. How far off? >> No. No proposed work in that area. Just

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>> Well, you can't propose work on somebody else's property. >> Right. Right. >> Right. >> Okay. Um, but that's a considerable. I can't say from here what it is, but from the property line to the beach to the water is how far?

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>> About 60 ft, I think. >> So, it is within within the >> Yeah, >> it's within Yeah, it's jurisdictional. It requires an auto condition, but it's right slam dunk. anybody. >> So, is that I I can't see going through

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and I don't have the plan. So, that line that's going through that front where's the 100 foot? That's my question. >> Goes through the middle of the house. >> Is that it? >> Yeah. >> Can't see that far. >> I see a line. >> I see a line. I don't have a plan.

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>> I know. >> So, how come you didn't end up with the plans? >> Well, we did, but it's continued. So, >> Oh, okay. >> Sometimes it gets uh >> cold is probably in the back of my car. That's my office.

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>> Thanks. Somebody brought it. Thanks, Bill. That's going to I you're not using the existing foundation. You're ripping out whatever the whatever's there and putting a new foundation in, >> right? Yeah. >> So, what are you using for sil

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silt fence? There's lawn between the sill fence and the proposed construction. Does it pitch down to the water? >> Well, actually to the beach. >> Yeah, it pitches down to the water. See, lot coverage is 17%. 6,840

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ft is the size of lot. Wow. Does this require uh zoning board of appeals approval? >> No. This basically it's a pre-existing non-conforming use. It's we're not changing any side reard front

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yard setbacks. >> You didn't say exactly the percentage of that. You're going over the size. Usually it's what 10%. something like that, >> right? Or you would have to go by the zoning board of appeals if you were making it bigger than the existing.

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>> Yeah, that that will be the call of the uh building commissioner, >> right? But you're not telling us. You said just a little bit. I mean, you don't have a percentage. >> I I don't have it with me. It's I guess we could calculate it. I I believe it's

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less than 10%. All right. Because if if so, you don't know what the building inspector said yet. So, you might really have to go before the zone board of appeals if it's larger than what was already existing. >> Well, you certainly don't want to tear it down until you have a permit. >> Yeah.

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>> Cuz then it's not existing. That's true. >> We will not tear it down before we have the permit in the end. >> All right. So you got your proposed silt fence there. That covers everything. So anybody have any other

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>> I would say if you have any concerns about the the process downgradient of us just to kind of condition just as a verbal belt and suspenders for any other approvals. >> It will be our entire order of conditions for for for construction before, during and after. So that should

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cover about everything. Are you replacing the septic within the >> No, no, no. Utilities changing. >> Are you reusing everything that's there? >> Tight tanks. >> It's not septic. >> Year round dwelling.

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>> Excuse me. Year round dwelling. >> No. >> Yes. and is running on a tight tank. >> Well, that's all deck. >> They were installed in 2012. >> How many bedrooms? >> One.

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>> It's the same tank. >> We water saving devices, right? >> Anybody else want the plan? Does anybody else want to see it? >> I remember. >> Okay. >> Yeah, I kind of do, too. You want to say it? >> No, I I have I have it on. Okay.

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>> So, you're going with a deck 625 square ft with a deck. >> That's true. >> And you're going to 154 now with the new deck. Correct. >> Correct. Um, what's this? It's hard to see later on. What >> how far are you going from the back now

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or from the deck to the to the lines? Cuz it's hard to see >> from the from the >> from the rear of the house. >> Are you saying to the pond or to the >> Yes. Yeah. Right. Cuz it's hard to see to see where it's uh calling out. When I look

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here >> from from the >> I could see it on existence. It's 25 ft. on the new one. It's hard to see if it's from >> the proposal is that the the edge of the

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deck closest to the lake would be the edge of the deck of the new deck. Correct. The new deck is deeper, so it would push the house farther away. >> Both existing and proposed. >> Okay. Leave that back to Bill and Might as well just pass it down if you want.

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>> Anybody else? >> This is Bill's. >> Do I have a motion to close the hearing and issue an order of conditions with all of our standard conditions? >> So moved. >> Second. >> All in favor? >> I

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>> I >> Thank you very much. >> You're welcome. >> Good luck. Um if if you can let let give give the conservation commission a call and is there siltation? I think there's siltation number. >> Yeah, he shows it on the >> that's a that's in their order of

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conditions. You call the agent to check your siltation barrier before you start work. That's number one on our order of conditions. So we'll be right back. >> And don't tear it down if you have a building permit. >> Yes. That's for your own protection.

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They they'll issue a demolition permit without the building permit. >> Thank you. >> Okay. >> Are we keeping everything in order? >> Yeah. I don't know why she quite did that like that. I moved Jason up. So, she moved everything up. I don't know

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why, but uh everything all the rest are going to be continuences. So, let's just go in order and do the meeting minutes and get it over with. Joe, >> meeting minutes. Uh this just not that it makes any difference, but uh the

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minutes this this was the meeting that was not recorded. >> Okay. >> By it says Lake Ham was present. >> And it says Lake Ham was present. But it was not >> okay.

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>> In fact, we were going off Shel's recording of the meeting, I believe. >> Okay. >> And but it is accurate. >> Otherwise, >> otherwise, yeah. >> So, with that one change, >> strike the lake cam reference.

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>> Yes. Strike the lake cam reference. >> I want to make sure that that because that that change came in very recently to me after I had proof the original And I asked about that. So I would like to

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verify whether or not Lake Cam was here to record this or not. Not not again. >> I do recall a meeting that that they weren't. >> Michelle did that. It was because of a select board meeting that they had to go and record

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that one. >> Yeah. Yeah. >> But I don't know datewise if >> So should we wait before we do that? Let's verify before we get it off. >> It's no harm, no foul sort of situation. You know, it's I mean, this is this is

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back in April. So, you know, >> but it's for the record. >> It's for the record. That's why >> let's wait. >> Yep. >> And put it on next time. >> Continue the meeting minutes until the next meeting. >> Yep. >> All right. So, not even doesn't really require action. Just Right. Right.

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>> Okay. Pinerest Village. >> Yeah, >> I guess. All right. >> We all saw what happened. >> Well, I don't see the flooding in these pictures. >> That was previous >> that mark went out. And I have to say

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that's the strangest detention basin I ever saw. It's not deep. The gravel almost >> to the top. >> It just doesn't seem like any other basin I've seen. It seems too high. I don't know.

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But the bottom line is that Jason is going to do an asbuilt. The planning board still is holding money to call in the peer reviewer to see what's going on. So I when I call Jason, he goes he's going to do for them to know

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if it's wrong or if it didn't meet the plan that was originally intended, if it was put in wrong, which is why this is happening that he needs to do the as built and then we'll go from there. So right now it stands as they're he's putting up extra siltation behind the

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which wasn't there. He should have had siltation up behind that siltation barrier should have gone all the way up behind where the cul sack is cuz it came all the way down off the cul sack which you should have got emails of Mark's next pictures that he took where it's

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coming down the uh well it wasn't Mark it was uh the neighbor it was the Richards that took the pictures of it coming. >> So should there be a cease and desist until some of this stuff gets resolved? Well, cease and desist on what is not. They're

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not stopping anything. The lot's not released. The planning board's not they're asking for them to release the lot. Can't release the lot right now until >> they can't do any more work on site if there's a season to sit. >> So, they need to do the work on site which they put up today. They came back.

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Conway came back and put up the sultation barrier on the back of the cult. So, that's up. >> So, I guess that's the what I'm talking about. stop all work until any more erosion has been mitigated,

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satisfied with more erosion barrier. >> But the work's done. There's no more work to do. >> It's not done. Nothing's growing. Still looks like mud, >> right? >> So what? You going to stop them from planting grass? >> No. stop them from doing any work there

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until there's more siltation barrier that stops all the runoff that ran down the road and then they can plant grass. They can start again as soon as that's up. If Are we satisfied with what he put up the other day is going to solve that problem from what was in that video

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>> today? >> I I think so. the siltation and some of the pictures that was from Tuesday. The flood happened on Friday, >> right? >> And you but on you could see a little bit of dirt coming down off the slope on on Tuesday.

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Friday a lot more dirt apparently was coming down. But so the siltation is up there. Um they the the the problem I as as I understand it was that

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the the sediment for bay and the water was moving in >> it's kind of going around it. >> Yeah. It it wound up >> going past it. >> So so to so either the design is bad or it was installed improperly,

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>> right? So, how are we going to mitigate it? But >> in the meantime, >> it it seems that problem should be the engineering should be looked at in that problem address cuz the next major flood cease and desist

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>> doing an as said by Friday, but I'm not holding my breath. I'm going to get on him next week again. But my question is, is a >> it should be done as an emergency, >> a stop work or what? It's up. They put the siltation barrier up where it was

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supposed to be. It wasn't there. There's supposed to be siltation barrier around that trench where the silt was supposed to go. And that wasn't there either, Mark. On that plan, there's siltation around that little >> um pond where it's supposed to go during

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construction. >> That's supposed to be >> around that too. And there was not. >> Right. >> So, I just don't know. I'm not thinking at this point how a stop work order is helping at all. >> Where where do they stand with the

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subdivision? Like is the road in there? >> The roads that's the problem. The roads there which created the velocity of all that water flying down. >> So now they're want to stop building the houses. They haven't >> they can't. >> No, but they haven't yet. Right. >> Right. Right. Our order of conditions

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says they cannot work on lot one until the road is completed and working. >> Okay. >> We almost should have a certificate of compliance on the road before that house starts >> except >> it's very clear. I wrote the order conditions myself. It's very clear in

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there. Nothing, you know, I didn't even want to approve that lot one or two that the road it needs to be in and the it needs to be working. >> Yeah. Yeah, but it also for for an order of conditions or for a certificate of

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compliance, you have to have like established lawn and all that. It takes 2 years. >> Yeah, that's true. So, you can't you can't require >> but we need to be reasonably sure that the drainage works and it doesn't. But that's on the engineer and the

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>> right which is why when I talked to Jason >> his explanation but instead of using that money the planning board >> had talked about having bills and Thomas come in and look at it but it's not going to help for them to come in and

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look at it until Jason goes out and shoots the things of the >> what's actually there >> as Bill of what's there then we get a peer view of what what's wrong. >> We may have an assessment from Jason to

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say it's 2 ft too high. >> Right. >> Right. >> So then we're going to need a new plan and he'll have to come back with a new plan. >> Well, in the meantime though, what what do they want to do to continue? >> They there's nothing they

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in that the um drainage is in be it wrong or not. So their next step is to get the lots released and start building the houses. >> They can't. >> So if they can't do that, then essentially they do have a stop order, >> right? That's what I'm saying. That's kind of unnecessary because there's not

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anything. And I talked to Greg. >> So I guess my question to to Mark is you went out and you saw the silk fence that they put up after the rain on Friday. >> No, he has. >> I haven't yet. Okay. So that's >> Okay. So >> that went up today. So,

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I guess I would like to know if what they did now diverts the water into the for bay. >> Yeah. >> Has that problem been solved? It sounds like >> it was an evident problem and it's a simple fix if that silt fence just did that.

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>> Yeah. >> Not a permanent fix, but >> temporary. >> I took a few more pictures that didn't make it into what you all had >> today. No, no, this on Tuesday, but I've been out there several times. Matt's been out there, but

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um it it's graded towards that forbait, the the the the crush stone that's there. And when when the that slow rain we had actually got more rain on that Tuesday than on the Friday that

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flooded it and you could but it was slow velocity and it was actually working its way. Yeah. But when it was just coming down in buckets, the velocity overwhelmed that. So I guess >> so

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>> it's >> all right. So John, let's go look at it tomorrow. Mark's not working tomorrow. You and I will go look at it tomorrow because I was there yesterday and they were cleaning it up. They swept all the bad stuff off the street and Conway was

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there cleaning it all up. He when I talked to Greg today, he said they put the sill fence up. They told me yesterday they're putting the sil fence up today. So, let's go look at it tomorrow and if you think it needs more, we'll tell them what else they have to do. >> Okay. >> Oh, go ahead.

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>> I got a question. This is the property we went in November to look at. >> Right. >> Right. How did they make out with the house because they failed the perk and they had to adjust the land, the grade, and how the house was going to get turned. Where does that stand? cuz that

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was a concern when we were out there. Obviously, you would have to get all your grading done, but based on if you had to elevate the house, did they elevate the house already? The land, did they bring soil in to bring it out? >> They haven't started the h house yet. >> That went through the board of health. Right. >> Right.

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>> So, but that's their thing though. Neither lot has been released. They can't touch either lot. >> Right. >> So, we'll have to >> changes the grading of what they're going to have to do. And that's where we were we were like, "Well, you guys haven't approved. You have to raise it. You have to turn it. How is that going

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to change the grade? Did that change the grade now that's causing all this?" Cuz we didn't >> But they haven't touched that area yet. >> They They didn't put in the house. >> No, they didn't put the house. >> But I And I >> But did they bring fill or anything to change grades? >> Ah, okay. I see.

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>> That's that because that's where it stands at. We're like, "How can we look at something? We don't even know what septics go on how it's going to change or or develop cuz they filled the perk on lot I think it was the which one's the closer one to the it's not the one all the way up on top the one down >> that's lot one

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>> that's lot one that's that's a notice of intent the other one's just an argument >> there's a stream between the two houses when you guys see it there's a stream between the the development on the side that goes down and travels under that bridge that goes on the road >> y >> we were curious to see where that was and they were working on those jars back

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then in November Yeah, I had to came back. >> I was told that they're not going to we thought when we were out there that they would have based on that they hit groundwater at 5 ft that they were going to have to >> raise a house, >> right?

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>> They they what I was told verbally, which be good to see a revised plan, but they they ultimately said, "We're not we're not changing it. We're going to keep the orientation." No. >> And I don't know where that stands.

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>> Yeah, but correct correct me if I'm wrong. This the water that overflow or didn't go into the that was coming down the road, right? >> Yeah. >> The velocity, >> right? Well, but aside from that, it's going down the road. It's supposed to be designed to go into the

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>> drainage and it didn't. >> But >> I don't think that has something to do with the lot. The way the lot is, you know, that's self-contained in the road. I think that since they paved all of

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that and it all goes downhill, my thing is that they Mark went out there when we had a little rain and it was working fine. It go went right in. >> The minute we had that downpour and they're supposed to design for the 100

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years. So, the minute we had that downpour, the velocity didn't allow it to go. It whoosh went right by instead of I get that. >> Okay. >> But I think it's a defect in the road design or installation. I don't think it would have anything to do with a lot.

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>> I just looked what I've seen. >> Yeah. >> From what I got it was it looked like from the two lots the volume of water was just going down the street and then it turned left. It looked like it turned left. >> Went into the pond around

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beach and all that. So went into the pond. What I was looking at was how elevations is it the property actually turning towards the the basin or is it actually going down to the middle to the black top and actually going? >> Yeah.

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>> So I just I wanted to see it was open question when we went in November. I was like I >> we didn't improve the houses but we we wanted to see where the land is and if they changing it because of septics and elevations that means the grades are changing. Where does that look like? Is the grades pointing towards now

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wetlands? Is it pointing everything? Where is that? Or is it still in process of a design? >> Well, my my point is though it wouldn't change the grade to the road. >> It wouldn't change. >> Right. Right. >> So this road isn't working. >> One way said is that the it needs to the road needs to be raised up on the end

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before it goes down the hill. I think it's what he was trying to say. But >> we go look at it. >> That's up to Jason at this point, >> right? So to be further investigated between all of us. >> So are we con continuing this prank

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Chris? >> Yes. >> Can I ask one more question? So Beals and Thomas there was something that a report they they they >> report basically said the siltation was not in good condition but they fixed it.

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That's why you went and took those pictures cuz they had fixed they when Bees and Thomas said needs help. They fixed it >> and and they were out there. They had pictures that included they were black top the road at that point. So I I didn't hear anything about that to be

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honest. Then I saw the report but right so uh the applicant corrected a whole bunch of things at its siltation. Okay. >> Yeah. They >> and Thomas had already been out there and looked at the road and

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>> when it was halfway done though it wasn't all done. It was down that report. It's at at this point and then they had said you need to fix this. It's a concom issue. You need to fix this tiltation barrier and they did. >> So all right. So motion to continue pine. Oh no we don't even this was just

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on here for discussion and possible discuss. Yeah. >> Yeah. >> So we don't need to continue anything. >> We just basically got >> we'll just get an update. Yeah. >> Yep. >> All right. 30 Howland Road. That was a request for a continuation. We did get

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back Steve's uh report right there, but and they responded to it. Now it's back in Steve's court to see if their responses were good enough. So, continue. I'm looking for a continuence for 30 How Road to

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>> uh what is this? July 28th. So moved >> 6:30 at the police station. >> All right. All in favor? >> I >> I >> All right. Let me write it down. >> So >> I'm surprised we didn't have more

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neighbors in on this with water pouring down there. >> I went Monday and >> they they came to the office. >> Talk to the neighbor. Yeah. They came to the office and went after him and then I went down because he needed to get ready

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for the meeting. So I went down to talk to the neighbors. >> You know why they went after him? >> Why? >> Cuz I was outside and I sent >> Thank thank you. >> Well, he needed to get ready for the meeting. So I came and I went and talked to the neighbors and told them everything we were doing. I got their

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email address and I was going to I will send them in the updates or Mark will or one of us will. Uh, will you entertain a motion to continue 150 Befford Street? >> Okay, I will.

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>> Two. >> I move to continue 150 Beford Street's notice of intent hearing to July 28th, 6:30 here at the police station meeting room. >> Second. All right. All in favor? >> I I

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>> Next, uh I move to continue the notice of intent hearing for zero Mrick Street until July 28th at 6:30 here at the police station meeting room. >> Second. I spoke with the um

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>> All in favor? >> I >> I Go ahead, Mark. >> No, I was just going to say I spoke with um uh the engineer on that. I I guess it it's still their Outback is still has something they're trying to resolve. So,

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it's with >> Well, that's the one that goes through Ta. They get to light bill, right? >> Yeah. Uh I move to continue the off Montgomery and Green Lock circle hearing for notice

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of intent uh also until July 28th 6:30 here at the police station meeting. >> Second. >> All in favor? >> I >> I move to your second. >> All in favor? Hi. Hi.

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>> Yeah.