##VIDEO ID:5wSTOIKCWl0## okay uh good evening my name is Bob Connors it's 6m and I'd like to call the February 4th meeting of the newb Conservation Commission to order Mason please read the remote open meeting law Preamble and take a roll call of members present as a preliminary matter this is Mason F conservation agent of the Newbury Conservation Commission and I call the February 4th meeting to order and permit me to confirm that all members are present and can hear me Members when I call your name please respond in the affirmative Mary Rimer yes TJ Cony Mick Brown here Diane O'Brien yes Woody Knight yes Bob Connors yes and Frank wet Camp is not here good evening this open meeting of the Newbury Conservation Commission is being conducted remotely consistent with Governor Baker's executive order of March 12 2020 due to the current state of emergency in the Commonwealth due to the outbreak of the covid-19 virus in order to mitigate the transmission of the covid-19 virus we've been advised and directed by the Commonwealth to suspend public Gatherings and as such the governor's order suspends the requirement of the open meeting law to have all meetings in a publicly accessible physical location further all members of public bodies are allowed and encouraged to participate remotely ensuring Public Access does not ensure public participation unless such participation is required by law this meeting will feed feature public comment for this meeting the nebr Conservation Commission is Con convening by Zoom as posted on the agenda of the Conservation Commission Section of the town's website identifying how the public may join please note that this meeting is being recorded and that the attendees are participating by video conference accordingly Please be aware that folks May able to see you and take care not to screen share your computer anything that you broadcast may be captured by the recording applicants or the representatives may be called upon to speak and or share information to the screen if able on the Fly we're now turning the first item on the agenda but before we do so permit me to cover some ground rules for Effective and clear conduct of our business into ensure accurate meeting minutes the chair will introduce each speaker on the agenda and after they conclude their remarks the chair will go down the line of members inviting each by name to provide any comment questions or motions please hold until your name is called further please remember to mute your phone or computer when you're not speaking please use earbuds and please remember to speak clearly and in a way that helps act generate accurate meeting minutes for any responses please wait until the shair yields the floor to you and state your name before speaking board and committee members should be called upon in a first name alphabetical order to ease the process after board and committee members have spoken the chair will afford public comment as follows the chair will seek questions through the chat function when the participants are using this function please list your name address and question the chair will then seek questions for the public who wish to speak they will be asked to identify their names and addresses question and once the chair is a list of all the public commentators they will call on each by name and afford three minutes for any comments finally each vote taken in the meeting will be conducted by a roll call vote okay thank you Mason all right team upcoming meeting dates February 18th in March 4th uh we have meeting Minutes review for our January 21st 2025 meeting why don't we take a moment to to review see if we have any comments Corrections or concerns okay hearing none I does anyone near any more time I don't want to presump here okay finished it now okay I will entertain a motion to approve the meeting minutes for January 21st as written so moved okay we have a second Woody that's you yep all right thank you okay roll call vote all in favor Mary yes Woody yes Mick Mick you're on that yes Diane yes yes Bob Bob Connor's votes yes okay uh next matter is a request for determination of applicability MBTA RightWay operated by kolis commuter services on behalf of the MBTA in kolis is submitting a request to determine the applicability reviewing Wetland Maps along the railro railroad right of way this this is a part of a five-year vegetation management plan and will highlight all the areas of the rail that will be treated maps and treatment procedures are outlined in the RDA project narrative Mason can you give us an overview on this and introduce any speakers for the yep so uh this is a RDA for vegetation management control um for 2026 to 20 uh 2030 um for nuisance and invasive vegetation removal um the right of way of the commuter rail um and I would just recommend that Matt believe Matt's here um recommend that he walk us through the proposed maps and plans hey everyone my name is Matt Donovan from Benish I'm here representing kis for this RDA um as you have already stated this is a fiveyear renewal process so we come to your commission every five years with the same RDA um the vegetation management plan itself is will be submitted to the state um the Massachusetts Department of agricultural resources later this year um this RDA process is required to happen before with all the different towns that the railroad runs through so that's why we're here I can share my screen as well if you want me to pull up the maps um be a good idea thank you so I think I think I'm trying to do it right now don't let that technology beat you yeah it's not always easy but think I'm just waiting for permission see if that works do you do you see okay here we go that's your co-host y okay so can you see my screen now no yeah no sorry there we go oh perfect um so yeah here is the map that was included in the RDA um and I will actually we shared a website with you as well um that has all the different vegetation management um information you'd need which including the vegetation management plan the yearly operational plan and the maps for every town um so I have your town pulled up here oops sorry um so to describe these Maps as you can see there's blue and yellow zones along the railroad tracks the yellow zones are the strictest form of restrictions and all these restrictions are in the CMR 11.04 um regulations to protect the sensitive areas along the railroad um the most common restrictions are within a certain buffer zone of Wetlands so the yellow zones are when you are within are a 10 foot buffer from wetlands and the blue zones are a 100 foot buffer from Wetlands um so in these yellow zones typically they only receive treatment directly down onto the track um and in certain cases although rare when the sensitive area boundary is within 12 feet of the rail no mixture will be applied at all um in the blue zones these zones will only be receive application one once every 12 months as as in conformance with the regulations um in these in these zones the environmental monitor the and I should have started there is an environmental monitor in the truck with the spray applicator um equipped with these Maps when they're doing the um application and they're familiar with the site conditions so they will be um on Alert in these blue zones to to keep an eye out for any standing water so they would um direct the applicator to turn the the spray off in these areas when they get to areas that have any standing water in the ditches or anything in these blue zones um so we're we're asking for just an approval um for these maps and typically we have gotten a negative to approval from your commission um and that is what we're asking for again if you have any questions um I I'm happy to answer anything yeah so Matt what time of year do you typically do this the the roadbed applications happens in the um May May time frame anytime from May to June um we we send your the yearly operational plan every year via certified mail and it it details exactly when um that will happen um and it's it's weather rest weather dependent so anywhere in that time frame is when we have the applicator ready to be on site Matt why don't you Hold there let me open this up to questions from the members Mary do you have any questions from Matt on this submitt yes thanks Bob just a couple um do some of the towns require notice of intents for this or is this typical to do it as an RDA no it's it's required by um the state to do it as an RDA to get the approval for these Maps um any any work beyond the scope would sometimes require notice intent we've done notices of intents for CTS or any any um more more in okay yeah um what are there time year restrictions for from either division marine fisheries or natural heritage for this spray through through um rare species habitat um not that I know of we do submit the yearly operational plans and these maps to the nhp every year um for their review and we get their approval um as far as timeline it's the same timeline every year for the roaded and brush application um so I'd imagine it's that's that's definitely when it's U most beneficial to do um I don't I'm not aware of any um restrictions from them likely be a later time anyway if you do it in May and June it probably won't conflict um with breeding and nesting habitat for most of the species that are going to be listed in this where you're Crossing um so I this is mostly herbicide application or mechanical control or both um these maps are for chemical application chemicals okay okay I don't have any more questions Circle back Mary too if anything else comes up Woody any questions for Matt on this proposed project no I don't have any questions B thanks thank you Matt okay M how about yourself any questions for Matt on this project yeah just um I think kind of building off what Mary was asking so this is an application of of a non-selective herbicide right yeah all the herbicides that they use are list is um on the approved sensitive area material list provided by the mass Department of agricultural resources um and each year the the mixture is is selected uh is made up by the actual applicator himself in conjunction with kis obviously and they create a program um to include in the yearly operational plan it switches up a little bit every year but it's always from the approved sensitive area material list okay yeah actual and non- selective I mean it's it's a non selective herbicide it's it's going to kill any vegetation right so that has to be applied on like active Leaf material it's not a systemic where it's applied to the ground and then absorbed through root systems and Things That No it does get um applied to the ground and it is absorbed by The Roots okay it's foler it's a foler spray right well systemics may not necessarily be a fol your spray but um that's what it looks like they're describing here okay so it's got to be absorbed by the foliage are there are there follow-ups like I know so what I'm envisioning is you do this onetime application is there continuous like is there follow-ups like six weeks later or 10 weeks later something like that yeah so there for the roaded portion in the in the blue zones they can only be in the blue and yellow any sensitive area can only receive one treatment per year um so there's no there's no second treatment in these blue and yellow zones where the wetlands are in in areas that aren't restricted in a white zone which I just scrolled through your maps and you don't have any white zones which is would be a restriction free zone they would do follow-ups there and they would do brush spray there which which targets vegetation F like away from the road bed um but but in your town they they won't be doing any additional follow-ups because it's all blue or yellow zones so is a followup maybe mechanical or you know you come out and do actual manual removal yeah if there's if there's any anywhere that requires it um to keep a a distinct right of way um they might need to to come and do some mechanical yeah and this is historic I mean this is not something this is not first time run through here like you've continued to this is a continuation of a of an annual program correct yes it's an annual annual program and uh you said you have someone on board so basically this is being applied by vehicle on the rail correct like a spray truck on yeah and the uh spray truck the applicator has been the same applicator that's been on site for I think 20 plus years with KOLO so they know the property pretty well yeah that's no that's great and so you have some like whether that's that applicator you you mentioned you have somebody that's there to recognize sensitive areas or Open Water that'll stop you know you'll stop application in the presence of Open Water right yep yeah and that that person is typically a employee of kol's environmental team um has in sometimes been a Consulting um engineer but it think think right now is typically a an employee of kis so it's it's some type of certifier or competent like relative to competent person right they're they're familiar with the the site conditions and they have the maps on hand um so they're looking ahead and know know what's coming up all right no thanks I appreciate that okay thank you thank you Mick Diane questions for Matt on this matter no thank you okay so Matt a couple of questions uh the previous filing was for how many years the RDA was it three or five years was it five year it's a fiveyear plan yeah so on your under the the determination um where the signatures page is it says these determinations are made for three years except for a vegetation management Plan Renewal which is for five years okay and what VAR what variance is there between the previous RDA uh and the one that's being presented today are there any changes in scope chemicals or a layout no I mean the only changes if there was any changes with the the chem the approved chemicals list at a state level um I think they they review that every couple years and make little changes um I know kolis did has since the last five years they've totally um They Don't Spray any glyphosate anymore so they don't choose that that I know there are glyphosate um chemicals on the the approved list but they they've made a vow to not use any glyphosate products um other than that though I think it's just all it's the same it's the same work it's a pretty much if you look at the RDA it's it's very similar to um what we submitted in 2020 okay okay I have no further questions m I'm going to circle back with you see if you had any follow followup questions I don't okay Mason do you have any questions from mat nope not at this time okay do we have any uh are there any raised hands from the public at this time okay hearing then I will entertain a motion to issue a negative finding for the MBTA RightWay uh herbicide treatment as a negative -2 so moved okay do we have a second second okay thank you wga -2 um is that what you're requesting that's what Matt had requested okay you requested a negative2 Matt that's what I had written down yeah NE we've typically gotten negative2 or neg5 um neg5 you would have to list the exemptions but your commission is always um um given a negative2 which is perfectly fine okay okay okay any any other further discussion before I take a roll call okay roll call vote all in favor Mary yes Woody reluctantly I should say yes yeah Mick yes Diane yes and Bob Connor V yes okay uh thank you Matt thanks everyone have a good night okay uh now we'll quickly run through enforcement orders uh 30 Riverview Drive that has been issued a negative determination the enforc was left open just as a precaution to ensure vegetation does get done so no further action on this okay we have uh on 108 Main Street uh we issued a negative excuse me we issued an enforcement order uh regarding uh the permit had expired that as the applicant had waited for the tolling agreement to come into play uh that has been reinstated and so the the enforcement order was two part one was uh to refresh or renew or refile a notice of intent the second part of it was to inspect refresh or repair erosion or sedimentation control so the first part of the enforcement order has been satisfied that under the tolling tolling agreement uh the permit is automatically extended to 1282 and I see maren Harold maren I'm G to let you go on from there hi everyone this is Morin Harold from Norse Environmental Services here with me tonight is John colan Tony he is the an and the owner of the property so as the chairman has mentioned um the tolling period has now extended the permit itself so the permit is still valid um the enforcement order had requested that the erosion controls be refreshed out on site um some of that has been done but not the entire property um which is is something we're going to plan on doing in the springtime especially given the fact that the permit's been extended under the tolling period so as part of the enforcement order or the request we're requesting the commission to lift the enforcement order um because now that the permit is still active and obviously before we start work all the remaining erosion controls that need to be refreshed they'll be refreshed reinstalled um and I can open it up to the commission with any questions okay yeah thank you Meen Mary why don't I start with you questions for maren on the this is going to be a two-part we have an enforcement order then there's a request for extensions that'll be coming uh later on in the meeting so this regarding the enforcement order so if if the permit is still in effect and they um then I don't have any problem lifting the enforcement order and it sounds like they're not going to be able to complete the work within the C even with the permanent extension you won't be able to complete the work in time so you need further extension is that correct yes that's what we're requesting um commission this evening as well okay then I I'm fine thank you all right what any questions for Meen on the enforcement order part of the meeting tonight no I don't have any questions on the re uh on the enforcement order thank you okay Mick any any questions for Meen on the enforcement order uh not on the enforcement order no I'll up thank you Diane how about yourself any questions for Marin on the enforcement order nope okay and I have no questions uh I will entertain a motion to close the enforcement order for 108 Main Street don't moov second okay okay any any further discussion hey roll call all in favor Mary yes Woody yes Mick hi Diane yes Bob Connor vot yes okay Marine thank you you're you're gonna be coming up pretty quickly here may I make a suggestion um let Mason provide a letter to the applicant stating what the vote was tonight so we have it'll be in the minutes obviously but so there's a written record of the decision for the the applicant yeah yeah actually Chrissy and Mason have drafted a a letter a template that they've been using when these have been uh lifted getting the enforcement ERS lifted right that reciting the the meeting the vote and okay perfect great thank you okay right uh we have another enforcement order again it's just open doesn't require any action tonight 62 minutes Road uh that's being continued to May 25th uh and we at the May 25th meeting we'll review planting success okay maren we're back to you extension request de will file excuse me de file number 050 1312 through 1326 it's 10 108 Main Street uh the applicant is is submitting an extension request Bel lot it's 1 through five uh and the road workor on the proposed development Mari why don't you why don't you give us present sure so with the permit extension um it is valid until December 8th of this year 2025 um and would like to request a three-year extension I spoke to cl to my client Mr col Tony and the game plan is to uh begin work in the springtime uh early summer and and get this project going so um can open it up to the commission for some discussion okay uh Mason you've reviewed the Marin thank you you provided a cbal letter which gave us kind of a synopsis of the tolling and your request Mason do you have any questions or concerns on the extension request uh no none at this time I would just say that uh I would recommend that the erion controls be fully intact and and put in place before uh work start again in the spring yeah we we we would expect Marin that John would contact the agent uh you know prior to actually starting work again it just to a preconstruction site walk we can do that that's not a problem okay okay uh I'm going to open this up to members Mary any questions for Marin or on this project uh yes so I'm gonna make a suggestion that that we since the the permit doesn't expire until almost a year from now and they're requesting another three years in addition to the extension under the permit extension Act and the original three years of the permit that's a long time from the Inception of this project Wetland boundaries changed things happen the site conditions can be different we don't know right now I would feel more comfortable seeing this project a little further along and and finding that it's stable at the time the permit is due to expire to decide on whether to issue an extension and for how many years so I think it's you know I don't think we need to act on it right now and I think it would be simple enough for marine to come back in a you know October and just say here's what here's the work we've done um the site is stable just want to you know I I don't think that the commission has a particular objection if everything is in accordance with the original issued order but I just I'm concerned about just extending this way out into the future without any eyes on it at all for a long time so okay thank you Mary uh Woody any any comments on this I don't have any questions my comment would be I kind of agree with Mary we get get things rolling here and then come back to the extension okay it makes sense that makes sense to me this been time okay but I just want to remind everybody the regulation simply states that the applicant is entitled to an extension as long as it's submitted 30 days prior to expiration there was no limit on how early you could file that correct they're not they're not they're not necessarily um it's not a byright thing you know the commission can can say no a lot of commissions do so well it's a first extension TP I mean I know you're saying I have to issue I'm just saying that you know depending on what the site conditions are and and if regulations have changed you know they want to take another look at it so that's all I'm saying yeah I'm just saying our our custom and practice has been on every other extension that if it was submitted 30 days prior to expiration uh we would entertain extending it and it's been for three years our bu law says three years for Plum Island we have a little more discretion on the rest of Newberry but it's not covered by the bylaw uh Diane what's your thoughts on this no I did have a question when it started to run and whether it was by right because I know that we usually I've always kind of we've traditionally just said yes if it their it's their first extension request but if the applicant's okay coming back in October then that's fine with our Wetland BW actually says that if the applicant submits a PRI of 30 days we shall extend it but I thought I thought it was a shall and not a men doesn't apply to this site yeah and it's just we like to be consistent I think we want to be consistent in how we address things but that's just my opinion and you know the minor consistency is is always a big factor in me if we're going to make a homeowner come in and do a site plan have a wetland delineation uh and and the like this is a big project though this oh yeah I no no I know no Mary it but it's an approved subdivision and if they vary we can always do an enforcement order so it's just I guess we look through different lenses on this okay what's what's our pleasure here I'll be honest I think they're entitled as a matter of fact invite customer practice to the extension but that's my my opinion and what's the pleasure of the board and Marin do you want to respond why don't you do this you've heard the the debate and you know in all good valid points right um you know we were hoping to come in tonight with the request for the extension since we were here uh to lift the enforcement order if the commission is more comfortable with us coming back in the fall we can do that um Marin can I interrupt for one second sure uh Mr chair through through you if I may um I don't know if this is something that's allow John John do me a favor please identify yourself in your your address I'm sorry John col Tony uh the owner and developer and uh I live in uh 342 linebrook and ipswitch um what I wanted to ask um you know October will be here in a snap of the finger um is it possible as a compromis I totally respect the board's opinion where you know can we extend it till December of um 20126 uh hopefully we won't need to extend it again but if we did then we'd have to come in at least 30 days uh before for the uh for the commission to review is that something that's allowed or possible to to request that I I I mean the board can entertain you know any request it I view it John that you're you're you're entitled to one extension uh beyond that point it it's solely at the discretion of the board of the commission and and many many boards and many commissions frown upon multiple extensions so I mean it's up to you if you want to come in and ask us for a oneyear extens to consider a one or twoyear extension versus the three uh we can discuss that or you can follow maren's advice which is come back in in September and and see where you're at and maybe at that point the one-year extension or a two-year extension you never know what what the economy is going to do and I'm just speaking as a developer myself so it's you just never know what the market or the economy or supply chain issues are going to do but so just so I understand this correctly if we ask for the extension for just the until December of 2026 just so we don't have to come back in the fall quit so soon we're jeopardizing that if we had to do another extension and we come back 30 days before that sometime in 20126 that now because we used one extension that is possible for the commission to say no where it's more difficult for the commission to say no if we haven't asked for any extension yet it the overall time you've had a permit John is your three years expired you've picked up probably another 18 months on the tolling so you're at four and a half almost five years um and then one extension you're you're over six years so to to assume that a a second extension would be automatic um I I I I is it possible it's certainly is if you present an argument um but it becomes far more discretionary than the first extension at least in my opinion but so maren John what do you want to do come back yeah I think we should come back in the fall and then we can provide the commission with an update and the status of the project and and um move forward that's my recommendation John sounds good thank you okay so Mar why don't you do this why don't you just pick out we we we publish our meeting dates through the the end of the year um why don't you pick out a a date in advance and have uh Mason flag it so that it'll wind up on the agenda and it it's not going to be a slip through the crack so so to speak great idea I appreciate that thank you okay all right that well this isn't a public hearing or an extension request um this matter will be continued to a date certain down the road thank you Marin thank you John thank you have a good night thank you very much okay next matter is a certificate of compliance D file number 0501 1427 One Main Street applicant is requesting a partial certificate of compliance the construction of a single family drawing has been completed as well as the installation of a driveway and a septic system the only remaining portion of the project is obtaining full vegetative cover in previously Disturbed areas Mason can you give us an update you did a site a site inspection this as I recall yep yeah I was able to go see the site with the developer um they had also submitted an asilt letter and plan um both of which had highlighted the only minor change um which was was the installation of a propane um tank and that was on the far side of the house completely out of the buffer zone um all the other work on the property was only within the buffer zone um and from viewing the site and reviewing the plan the only thing that they have left um is to achieve kind of full vegetative cover in the backyard um where they had already tried to seed in the fall um but it just didn't come in um how they anticipated um and I believe Craig is here um he can speak on behalf of the asilt plan um and as he does so I can share photos from the sidewalk that I conducted okay Craig good evening just identify yourself and your position and give us your presentation good evening Craig marshonda marshonda and Associates uh were the engineers rep representing the applicant on this project uh I think Mason did a great job summarizing the status um as he mentioned the applicant and developer decided to U foro grabbing natural gas in the street and instead did a u propane tank which is approximately 130t from the resource area um and then as Mason also stated we just don't have good you know stabilized cover in the backyard yet so um I think they get in in time before the Colder Weather hit so that's on their list first thing in the spring so I'm happy to answer any questions but that's uh about all I have Mason do you have pictures why don't you just eliminate some of pitures and then I'll open it up to questions from the members are they not up right now sorry well you know what they're they're up but they're not expanded gotcha so I think you're gonna have to double click on them or no we last year the pitches so far this Newbery dog is not not that exciting for for the public or the commission members getting the best of me you guys see everything now yeah but again they're not expanded um your curse is right on top of it just double click and see if it comes up yeah on on my screen I have it expanded give me a second yeah they're just the thumbnails here we go you could describe them to us there we go yeah a good well I think what this demonstrates is there's no debris tree or other you know other other spoils that's on site yeah you can just click on all those Mason and I think it's uh you have one of the point Y yep one second well that's probably outside of jurisdiction anyway okay all right why don't we why don't I open this up to questions from the members Barry questions uh for for Craig on this uh yeah just uh wondering if there any particular reason for requesting a partial versus just waiting till the spring is there some emergency for financing or for any other issue that would um would allow you to defer until the site is complete it's good question Mary um the our client reached out last week looking to do this as he's um nearing completion of the house he's going to be looking for occupancy and and I believe Newber is one of the towns that one of the few towns that will issue um occupancy without a COC but he just want to check as many boxes as he can have this thing as as close to done um and I think the only condition from our order that we're missing is the very last one I believe number 54 regarding complete stabilization of dista so he just want to get as seller ready and just feel confident going in for an occupancy permit that there would be you know no issue so it's for sale that's what I wanted to know okay corre yes thank you you're welcome anything else Mary no I would just say if we do vote to issue a partial that I would suggest that we pick a date for closing it uh sometime in July say or something put it schedule it on a meeting later this spring good point and you know we'll we'll identify that on right on the the partial certificate what's remaining and what we anticipate they'll come back in for full Woody any questions for Craig on this matter no I don't have any questions thank you thanks for your presentation yeah Mick any questions I'm sorry sorry I didn't have the time to look into the details on this one but what is the date of expiration on the existing order of conditions that I can check give me one second I want to say it may maybe see can pull it up here so the order of the the order was issued on yeah looks like May 13th to 24 so we have a few years you got till 27 yes no yeah okay um yeah just wanted like again my my biggest question is why the partial right now so I think Mary asked that question so I'm good for now B thanks thanks welcome thank thank you Mick uh Diane any questions on this one for for Craig no thank you okay and so Craig I mean typically partial certificates usually driven by the bank or real estate when you're listing it uh and it closes out all the steps except for remaining one for a potential buyer so okay do does do anyone do any members have a request for a site visit or addition additional information on this request no okay are there any hands raised from the public at this time okay I will entertain the motion to issue a partial certificate of compliance uh with a date certain uh mentioned on when we expect them back before it for full SE Nick yeah quick question uh Bob and Craig what conditions are we partially what conditions are we approving in the partial everything but full vegetative cover and previously Disturbed areas okay that's the only that's the only thing we're waiting on Craig that's that will be list that that that will not be included obviously in the SE or yes okay all Mason what when do you think Craig they're obviously they're going to want to wrap this up why don't we put down the first meeting of may you think that' be adequate time to expect you guys to come back in for a full COC be a bit early yeah okay June yeah yeah I mean Craig pick you can do it call it September if you want or just uh I think Mary's point is we just don't want to have it drag on it gets recorded as a partial then that there's no it becomes yeah I mean I'm happy to call it anytime in June let's say and we can certainly be in touch with the commission if we feel like we need more time or we can let you know but okay that should that should work okay why don't we why don't we incorporate the second meeting in June Mason yep that'll be June 17th okay perfect June 17 reappear for a certificate of compliance full certificate and will'll ex exclusion will be on the vegetative cover and previous Disturbed areas will be an open item okay I will entertain a motion to issue a partial certificate with the above referenced uh conditions mov second all right Road call uh all in favor Mary yes Woody yes Mick hi Diane yes and Bob Connor's vot yes thank you Craig thank you okay continue public hearings uh D file number 0501 1436 286 high road to construct an addition to the existing single family dwelling with Associated utilities and expanded driveway within a 100 foot buffer to the Salt Mar area Mason what's the status of this uh Bill had reached out he's going to be submitting a plan by Thursday um for the meeting on the 18th and he has explained that the project has been drastically scaled back um to the removal of the existing in barn to replace the old foundation with the new foundation and to rebuild the barn and remodel the interior um he's making the final adjustments to the plans now and like I said he should be submitting by Thursday um for the following meeting okay so did did he have a specific date that he wanted this continueed to uh he 18 uh yep for the 18th meeting okay okay any any questions from the members on this okay I will entertain a motion to uh continue the public hearing at the applicant's request to our February 18 2025 meeting mov second okay roll call all in favor Mary yes Woody yes Mick hi Diane yeah and Bob Conor's votes yes Mason you did mention to build that if it goes much Beyond uh another continuance that he he's going to be probably required to re-advertise and Reen notice you know the abuts yep just because this has been going on for it'll be almost a half a dozen months at that point so all right next order of business a continue public hearing the file number 05014 42 lock and Road dam removal Gomez and Sullivan have submitted a notice of intent for eological restoration project off a locken road the project involves removing the locken dam to restore uh fish runs and major project elements include removing the Dam dam installing stone scour protecting the I95 bridge and removing a small existing wear Upstream the project team and partners have completed all regulatory reviews in preparation he so where are we at on this um so from the last meeting it seems like the commission was just waiting on them to get their 401 water water quality certification um from the state and it sounds like that they're anticipating getting that this month um so when that comes in they're going to plan on coming back and hopefully closing everything out okay so did they request to continue it Yep they're going to be requesting to continue until the February 18th meeting um and then they'll be checking in before that um to let me know if they've received the 401 yet okay all right any questions from the members I can just make a comment that I spoke with the D reviewer who's doing the 401 review yes on another project and me he mentioned this project and he said he told them to go ahead and get the order of conditions first that he wanted to be last so in any event I don't think it matters to us we can issue the order of conditions that we were ready to at the last meeting but according to him there's nothing stopping us from issuing it so okay well why don't we do this are there any additional questions from the members let me go around and then we'll see if there's any questions from the public and the mayor if you want to make a motion I think we'll entertain a motion well if they're not here and theyve request a continuance I don't think we can close it that's I I mean I would say continue it to the next meeting because I don't feel comfortable closing it without somebody saying that that's what they want to do because they may have reasons other than what I know about if I may Bob I think that they're also planning on addressing questions that were brought up by the bfield Water District as well okay gotcha so I think they want to plan on addressing that um you know with with public years at the next meeting as well okay all right so Mary any other comments or questions before we move on okay Woody any any questions or comments on this no I'm good thank you bro okay mick how about yourself any any questions or comments no question comments thanks Bob okay thank you Mick Diane how about yourself any questions or comments no thank you okay I do not have any questions or comments uh uh I will entertain a motion to continue this public hearing to our February 18th 2025 meeting at the applicant's request so moved a second I love when you guys are in unison like that it just Mak I can just write a d and a w on my sheet here TJ's not here today so yeah it's easier to write a w than a TJ Woody has stepped up I know it okay roll call all in favor Mary yes Woody yes Mick hi Diane yes and Bob Connor's L Chas okay thank you Mason okay now the next matter is H we have a it's a bon the D issue a number on 173 Hay Street Kent Island I can check right now I think not yeah I didn't say it this morning when I looked but no I'm not seeing it now okay all right so we we have a a notice of intent for 173 Hay Street kence Island the division of fisheries and wildlife life is submitting a notice of intent for ecological restoration limited project for Habitat restoration work at the William forward Wildlife Management Area management techniques include invasive plant control General vegetation control prescribed fire and Timber havest project documents include maps of the project area Mason can you give us an overview on this and I see Ben's on the screen so we'll let him make his presentation after you add your your overview yeah so I I think you covered the the basic part of it in the in the preliminary thing um but I would just add that um I attended a d training for um for service Tre and and you know how the commission should be handling that um and one of the recommended procedures was to um request a site walk with the service Forester to have them go over the plan um on site so that that would be my only recommendation is is to have that so so I can get some eyes on site and then you know maybe some of the commission members as well okay great uh Ben good evening if you want to make a presentation gu us through this project I just give us your name and your position sure uh Ben Mai I'm a habitat biologist with Massachusetts division fisheries and wildlife and uh I just just would add to what uh Mason just brought up the force cutting plan uh the majority of the forestry that we're talking about has already been approved by the DCR service Forester so so that most of that is all outside of um anything that would be considered resource area so just just a heads up I don't know if that came to you already Mason or not but that's been approved so um so this Project's for K Island um I can pull up a map here if I can share my screen yeah please do is that uh is that good for everybody it's still loading I think it's still loading I've Ben there we go good y yeah yes okay great uh so Kent Island uh is uh a bunch of Oak Flats uh that are surrounded by salt marsh uh we have an access road uh that goes out to the island uh and it's been essentially the fields there have been hay and the salt marsh surrounding the island has been hay by a local farmer under lease uh for as as far as I can remember it's actually the neighbor that lives just before the access road uh so what we're proposing to do um there's essentially three things uh that we would like approval for um so treating all the invasives across the island so some of that does include the Wetland resource areas on the island freshwater areas uh I have them on the map with the buffer zones around those um and then limited uh so there's plantations on the island there's uh planted Red Pine and Norway spruce so most of the areas of those plantations are across the island are slated to be removed U most of that's covered under the force cutting plan um except for these two yellow areas would be in the buffer zone um so we're seeking permission to remove Those portions of the uh plantations there and then within this yellow polygon uh surround some of these smaller islands and then the the main island itself uh we're seeking permission to be able to utilize low intensity prescribed fire uh across that area and so it would not all be burned at once um but that's the general footprint of what we might burn uh we tried to limit any impact to the salt marsh uh because the salt marsh Sparrow but um essentially we would need to be able to hold the fire to maintain it on the island um there's a bunch of ditches and canals that are all dug to drain the salt marsh from for the haying and previous agricultural stuff so essentially around the island that that yellow polygon boundary would allow us to if we needed to uh burn to some of those ditches just to hold the fire on the island um so yeah I mean I don't know if anybody's been on the island recently uh it's it's a a mess in a lot of areas with invasive plant species some areas you can't even walk through um so this is the ecological restoration uh to promote um priority natural communities warm season grasslands are going to be in the areas uh around the current fields and in some of the areas of the plantations for Grasshopper sparrow and other uh species that use uh warm seasoned grasses and then the fire will promote uh Oak there's a lot of really beautiful Hickory there's Pitch Pine on the island as well and so those are all dependent disturbance dependent species U so we'll utilize that there's a a burn plan uh it's a this we follow like the uh the federal standards for burn PL so that's already been approved we've already met with the fire department and the chief uh we have not implemented any fire on that island yet um but we hope to in the coming years so that's sort of uh the synopsis of uh what I have okay why don't I open this up to questions from the members uh Mary questions for Ben on this project um yes so I would like to do a side visit on this I think that it's a big enough project that it would be good to get eyes on and and fully understand you know the areas you're pretending to work I I'm having a hard time translating this plan you know which is just like a GIS based plan with with the actual work areas that you're going to be working in so it would be great to have a a more detailed plan that shows what you're proposing to do where and what type what are the what's the list of invasives that you're intending to Target and and where and what control methods are you using and where so I I think that we just still need a little bit more detail so that we understand what it is that we are regulating because right now it's kind of the whole site and um and a a suite of potential control methods but uh and and somewhat of a partial list of invasives so I think it's a great project and I very supportive of it and want to see it happen but I don't know how you get out to like some of the islands and I know that if there's FR Mighty control or work in the in the Wetland itself that we want to be really careful about making sure we understand what that work is and uh what methods are allowable um these Wetlands that are shown on the GIS maps are just blobs I mean they're not 100% accurate so it's important for the the people that are doing this work to understand where the wetlands are if they're different from this these maps and so they would have to be flagged somehow or other before this work is done so you know you're going to use a different control method in the buffer zone or in the Wetland than you are in other areas of the Upland um so I I think a site visit and some more plan detail would be really helpful on my end okay thank you Mary yeah so Ben typically on all previous noi filings the commission would receive a site plan with a wetland delineation and flagging and existing versus proposed work I and I think to you know to to restate Mary's you know request that's I I don't think we've ever issued an noi without it and if there wasn't one filed with an application uh the technical review would site that it was needed on on an noi a simple work in a residential house um so that's one concern I have what are the invasives that are being treated uh you can you can go through the yeah I can name them all that uh that we're aware of out there but pretty much everything that we don't want is there stuff that's uh pretty common across the site would be Oriental Bittersweet uh multifloor rows burning bush buckthorne um some of the there's there was I think spotted nap weed there this summer but that was outside of uh the perview of the resource areas that was treated I think in the fields um yeah so there's a fragm myties are there any fragm Mighty stands so there is uh so there is some fragm myties I think uh I don't can you see when I move my cursor so I think I think there is some fragm myties maybe off of this island um um that wouldn't be initially what we would Target uh at this point um we're we're pretty much mainly focusing on the invasives on Kent Island just because that's our largest area so as far as techniques to treat you know we will so the reason the the plan I gave and so there's a a narrative that came with it that essentially describes techniques that we would potentially use um and because we you know so the can you all see this now so there is invasive plan control in the narrative that I sent there's descriptions on all the techniques that we may utilize and at this point because uh I don't know who's going to be doing the invasive plant control some of it will be done in-house but we may also have the ability to hire somebody to do some of that work and so the the difference uh between what they would do in the buffer zone and in the um and the actual resource area it would all typically be either a cut stem or it would be a fer application all with sensitive area approved uh materials um and so that would be the areas that are on the main island the fragm mites you know depending on if if we decide to tackle that we might use we have uh the potential to use like a a marshmaster which is a I don't know if you guys have seen the marsh Masters before but they're they're utilized and antic uses them uh to treat some of the frag that they do out there they're low pressure machines that can carry the chemicals out to where they need to be uh applied and then they utilize that and so um yes I don't know if the commission had a chance to look through the narrative but it describes in pretty good detail uh what we potentially might use to treat the invasives uh on the islands um you know pulling flame weeding biological control is not something that we do a whole lot of uh but we listed it there just to show in case that is something that we might would like to do and this talked about the envious vehicle stuff so you know I I I think the narrative was very detailed Ben you know the the question we always have is without having a site plan with more specific detail when we when we come out to do an inspection at the request for certificate of compliance uh it it's a we don't have a high Baseline to compare to what was proposed what the variance the usual you've heard it all before the usual stuff sure so so just so I'm clear uh what the commission would need from me in in order to get a better understanding so each individual uh freshwater resource area you'd want to know what I'm treating uh and how I'm going to be treating it in there is that if I could jump in yeah Mary usually what I do in these situations is you do a vegetation map and and it you know plant Community map okay in this area we've got buckthorne mixed in with blah blah blah whatever other else it is and then we can say you know control area one and we're going to use these site of methods to control that particular area um it doesn't have to be a I mean still can be gps-based map it doesn't have to be a survey you know professional license survey plan but um a little more detail mapping what where are the hotpots where are the problems that you you know that you're going to need and it might be hard challenging in this kind of site where almost all of it has something um but maybe there's a way to to um categorize it and then tie that to one of the control methods in your narrative so that we know what is being proposed where um and then what is the long-term maintenance like this is not a oneand done thing so I'm assuming you're going to be doing um followup controls after oh yeah and we don't have any detail on that either so sure sure I can I can get the commission at um you know youve if anybody's been out there you can you can tell you know as we open up some of these Plantation areas things are the seed bed is going to be exposed so it's going to be uh it's going to be quite the journey but um yeah so we're the state wants to tackle this you know it'll be a really nice property and so we want to support you in this effort I think but just we we got to get a handle on what it is that we're regulating so okay so I I can we can schedule a site visit if that's what the commission likes I can make up maps with um with details on each area and give a an assessment of what's there and how we're going to treat it is that yes okay okay let me move on with see other questions we have Woody questions for Ben on this on this project I have one question for Ben and I just say a s sidewalks would be in order it would be nice to go put eyes on familiar very familiar with Kent Island um is it possible the day of the site walk to get beyond the gate on the road over the new bridge there and up up the hill the vehicle oh yeah for sure yeah okay okay thank you that's that's a big for me thank you yeah anything else budy at this time no I'm good other than that thank you Bob okay thank you Mick questions for Ben on this project yeah no interesting project I'm relatively familiar with the area uh you said you uh as far as the tree removal you're targeting no way Spruce and was it Red Pine uh Southern Red Pine yeah red pine plantations yep yeah just leftover residual from hand plantings or yeah so I think the the previous owner uh yeah I'm not sure when they were planted I don't know the history of that but I assume it had something to do with the former residence that was on the island um in that time frame um I'm not sure but yeah a lot of the Red Pine is sessing uh there's some there's some that's still alive but the Bittersweet is is full on in most of the canopies at this point so right a l sure yeah I think okay I'm sorry uh no just going back to Mary uh what Mary statement and others just having that little bit of detail just kind of what meth what vegetation control methods you're going to use in what areas I think primarily not you know super da detailed but and then a site walk with with you guys and your and the DCR Forester uh that'll be helpful and just kind of understanding the you know the whole breath of the project but no definitely a good project and looking forward to working with you guys on it great thank you thank you McAn any questions for Ben on this no I don't thank you okay so Ben from from my viewpoint uh I'm still hung up on that we we have a requirement we had an RDA come in for a simple deck on a residential lot and in order to consider it we required a a stamp site plan Wetland delineation and proposed in existing conditions I just don't know how we get away from that on a project of this magnitude uh and it's the Commonwealth that's undertaking the project um it there's a consistency that I'm always a champion of on on the commission but I I throw that out there Diane you have your hand up no I misunderstood I thought they were going to do a wetland delineation so if that wasn't the case we had talked about it previously so I thought that was in there we had not accepted GIS type mapping before on standard residential uh applications and no I meant lagging yeah I don't think that was actually G was going to be more GIS and then you were going to map kind of section off uh based on a visual inspection of and categorize the type of invasives that were there but it's uh so well why don't we do this there's going to be a request for a s sidewalk so we're going to have to continue this so let me do this are there any other questions from the members before I open this up to the public for public comment okay and Mason are there any raised hands from the public at this time uh yep we have one okay and Leslie if you could just identify yourself with your address and make your comment sure Bob lesie Matthews 111 Main Street I was considering the size and the proportion of this uh project would any uh members or non-members of different boards in the community be invited to uh go on the site walk I that wouldn't be something we would determine uh Leslie I I guess that would be up to the applicant um it the purpose of it is more curio curiosity because I don't know what other boards would have jurisdiction okay public so you the property is open to the public yeah okay very good well thank you so much okay well Leslie let me ask you this if we schedule the site visit do you want us to notify you just so you have that option yeah I would I would thoroughly um appreciate the invitation to better understand everything that's going on I just like to I just like to be aware of what's going on here in town and that's my my job yeah good point Leslie anything else before I go back to some of the other members yeah everybody have a a great evening and uh go Eagles okay thank you Leslie Mas is any any any other raised hands from the public uh no if there's not uh there's not but if I could ask one question yeah certainly bason uh Ben I I think you mentioned that um you might have been in talks with the fire chief but I just wanted to confirm that because I think as a part of um the approval process that that this needs to with with controlled fires needs to be approved by the chief it is approved yep we've had uh we've had meetings with him we have a signed burn plan um yeah awesome great okay Ben could you get that over to to Mason just for the file I can definitely yes okay that would be great okay so uh do any members have a request for a site visit the answer to that question is yes what additional information or plan Amendment or additional content uh are we looking for just so Ben has a a clear picture on the site visit it's going to be driven by weather how how's the AIS out there right now Ben I mean is this something we gotta uh if four-wheel drive vehicles are not a problem to get out there you know during king tide the access road is meant to flood in a few spots um but it's usually less than 68 Ines of water or ice at this point uh um but I don't know there's a few storms coming up here it sounds like um so I can I can provide a four-wheel drive truck that can fit um five people if if anybody needs to get you know wants to get past that you know walking access is fine but we can definitely Drive in uh regardless of uh you know as long as we don't get a nor Easter or two feet of snow so yeah don't don't even say that yeah don't even say that okay all right do we want to uh so we're looking for a site visit so Ben obviously you're going to have to request a continuance anyway um because we have to do the site visit and and there are some additional information we're going to need from you so why don't we get the continuance on the public hearing done for us then we give you some content and we'll what other documents we're looking for and and discuss some potential schedules on doing a site a site visit so okay all right so Ben are you requesting a continuance of the public hearing do you want to continue it to our February 18th meeting yes okay okay I will entertain a uh a motion to continue the public hearing to February 18th uh at the applicants request before we continue the meeting can I make a comment sure um just that you don't have a DP file number and right now it says on the website that they're waiting for fee um which your state agenc you're exempt from the fee so I don't know if you want check in with them and um I will I will we actually are not exempt which is odd uh we I still have to pay with a personal check to them and then wait to get reimbursed from my agency um so that the check was sent uh it was sent over a week ago uh I'm not sure what being processed yes so okay thanks I just wanted to make that point yeah okay there may be comments from D once they issue number again once we continue this to the 18th they'll if they don't have a number then we're going to have to continue it again and so on so I guess that interesting question Ben when are you looking to mobilize is there a time frame that you're looking to uh so as far as prescribed fire um it wouldn't be probably until you know late fall so that's that's not anything real urgent um the the cutting of the trees is uh went out to bid it's not been finalized yet so that it because there's there's potential for issues across most of Massachusetts for uh some of the state listed bats now uh all the tree cutting has to be done by April 15th um but most of anything that's uh under the purview of the commission we wouldn't do any of that work there it's a very small sliver for the tree clearing the force cutting plan stuff is all approved and that stuff uh potentially could start by the end of February so or or middle of February I'm not really sure it really depends on uh Contracting and things like that so okay all right so team we have a motion to continue the public hearing to February 18th uh at the applicant's request don't moved okay and Woody okay roll call all in favor Mary yes TJ excuse me Woody yes Mick yes Diane yes and Bob Connor's coach yes okay uh why don't we do this Ben why don't you and Mason come back with a couple of potential dates and then Mason you can share them with the committee yep does that make sense team just because the weather Factor not knowing exactly what's coming down or do we want to try to schedule us for someday next week or do we uh how tight do you want to have this on the site site Spectrum site P if from my point of view the as soon as the commission is able to to get out there uh would be great with me so I'll make my schedule work so um yeah I mean I don't I I can be flexible with my hours if you all prefer a nonwe day then I can make that work potentially as well so well you know typically we do these on the Monday following a meeting at 8 AM or 8:30 um why don't we start there how does it next Monday or next Tuesday look for everybody just quick Bob to interrupt but uh I think following up on Mary didn't we want to have a more detailed plan of vegetation control is going to be applied to what area prior to that nightwalk or can we do that concurrent it's a good point sure whatever the commission would like but I can potentially get that in the next few days uh to you all so or very at least have it for the S sidewalk that would be helpful I think that you know kind of RW walk look at those different areas and different methods of control okay why don't we look at how does next a week from Thursday look for everybody just to B sometime yeah I'm just throwing a date out there just so that Ben has a chance to get something to us and we can determine whether it's adequate for what we what we want the 13th that's fine so Thursday the 13th yeah how does that work Mary would that work for you you Yep looks like it'll be a better tide then yes okay yeah that's the other thing what's the what's a tide schedule on that y we should be fine okay mick how about you how does the the 13th works good andless it's a king T we should have good access out there I've been I've been out there plenty okay Woody how does the 13 work for youan you're are you back yet from Medford or are you still hoping for this weekend Super Bowl party I I don't remember getting an invitation to that's because I'm not there yet I'm just hoping okay Mason how does that work for you on Thursday the 13th yep that sounds good uh just a very minor request with the new email uh the emails don't populate I don't have a contact list anymore so if you guys don't mind just send your email in the chat so I could invite you guys that would be greatly appreciated Mason do you want me just to send you an email with all of our emails on it then you click on that would be great okay I I'll do that for you thank Ben how does the 13th look for you uh the 13th is good I have I'm actually have a uh site visit at 3M with a a vendor that's looking to bid on some of the warm season grass conversion stuff so I will be up there anyways so I'm available outside of 3 to four I'm available whenever you'd like okay when's low tide on on the 13th so the 12th is a full moon and and uh the 13th is 11 and a half foot tide at around noon high tide so we'll be it it still may be flooded if it's you know it may not drain all the way out there it's gonna be between those Tides but we can still get through I think at that time Ben's gonna ruin his vehicle won't be ours it's a state truck so yeah I don't think it's a huge deal but I can't go if it's in the afternoon but that's okay you guys well I I think just because of the tie we're going to be limited to no later than probably an 8:00 or maybe a 7:30 on this one just to uh oh okay get a jump on the tide so that we can get off the island if we're there more than an hour or so which it sounds like the amazing so how does uh the 13th at 7:30 sound for everybody sounds good okay time for me all right okay Ben you you've heard the we have a varied opinion on the amount of the documentation that you need um I'm just concerned if we don't require a a site plan Wetland delineation and existing and proposed we set a precedent that will be had to vary from when a homeowner comes in for a simple deck on a lot sure I can appreciate that um I would just also o add that this is the same format that we use for all nois across the state and I understand each commission is unique uh but we have had this this process and this narrative uh template approved uh multiple times so if the commission would like to speak to other commissions that we've used utilized this process that's something that we could uh coordinate with but um sure I mean understanding that uh the state and what we're trying to do through this ecolog process is different than maybe what a homeowner is doing and I understand that maybe the consistency is important um but being that we're a state agency trying to do ecological restoration and not really altering or digging in you know the resource area we're just treating invasive plants so well have you run the call earlier lock and Damage Done a pul sub midle and and it's a restoration project as well with the dam removal okay any other questions for for Ben on this one okay Ben we'll see you on the 13th at 7:30 perfect thank you very much thank you you all right uh General Mason anything else I'm looking at General discussion on National Grid anything else you want we have other than that no nothing new okay team if you recall at at our last meeting we received a communication uh from from the select board on a national grid 21-day notification regarding a RightWay herbicide application was sent to the uh select board uh and it it would seem to me that at a minimum they need to come in just as kolis did with an RDA Mary what are your thoughts on that um I'm sorry I I didn't follow through on that uh review of that one so I don't really know I don't have opinion let me just pull up what they we've got on on the uh drop box for that yeah it just seems on its face it's similar to kolis they're doing track primarily in a wetland uh and National Grid is doing right away but again they're using herbicides and yeah so I agree they should follow the same process they're not again I think we should be consistent I me that's yeah that's right absolutely see anything from National Grid in the drop I didn't either well you go back to the if you go back to the link meeting all right it was what I do is I just keep if you get one email from me it has the link from two previous meetings because items get contined like 286 High Road isn't in our two4 Dropbox but I sent you the leak for when it was so if you click on the previous January meeting okay Ducks this is just their yearly operation plan notice right so there's a it sounds like they may already have a permit well actually and they sent a memorandum of law about why this project is exempt from new Conservation Commission review it just seems strange that National Grid would be exempt but heis would not be y but there's something about um well why don't we do this why don't we have Mason Mason why don't you follow up with this with on a broad brush it would seem that an RDA should be required um none of us the lawyers here I shouldn't say that Dian not in this stuff but why don't you review this with either liser or Tracy okay and if it's exempt then it's a closed matter if it's if if we question the memorandum of law on a being exempt then I think our position would be a would be a an RDA sub metal similar to K what I think it is is is they have a a fiveyear vegetation management plan and and I seem to recall that they got an RDA for that and then this is just the yearly operation plan that they need to notify us each year of the fiveyear vegetation management plan so that okay we'll have to track track that down yeah if so Mason if you can if you can locate and and send over the RDA if there is one that would certainly you would think that would have been part of the submitt actually if they had an RDA yep I'll go looking for that okay all right uh Team anything else staff reports Mason uh nope nothing at this time okay last comments Woody any anything you want to add to the discussion no I'm good thank you Bob it's 7:28 we got two minutes to waste Diane how about you no got nothing when is the Super Bowl party Mary I it's it's Sunday sometime I'll probably be cleaning dust off of my window Mick any any comments you want to I am good I'm meeting out okay now Mary if Diane isn't having a super motion today so yeah now Mary if Diane hasn't a Super Bowl party are you and Dave hosting one or just but we have no dog in the fight here so I don't care you know I'm with you Mary it's hard to get excited when you really don't have yeah I don't care either but the well will entertain a motion to adjourn okay so mov second okay Mary okay roll call in favor yes Mary Woody Mick Diane Bob yes thanks Bob okay thank you see you guys meeting adjourns at 7:29 perfect