going to call the meeting to order. Good evening. My name is Bob Connors. It is now 6:05 p.m. like to call the May 20th meeting of the Newbury Conservation Commission to order. Mason, can you ple please read the remote open meeting law preamble and take a roll call the
members present. As a preliminary matter, this is Mason Ferret, conservation agent for the Newbury Conservation Commission, and I call the May 20th 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 Rimmer, yes. TJ Ki,
Mick Brown, Diane O'Brien, yes. Woody Knight, yes. Frank Wetenamp, and Bob Connors, yes. Good evening everyone. This open meeting of the Newbury Conservation Commission is being conducted remotely consistent with Governor Baker's executive order of March 12th, 2020 due to the current
state of emergency in the Commonwealth. In order to mitigate the transmission of the CO 19 virus, we have been advised and directed by the Commonwealth to suspend public gatherings and as such the governor's order suspends the requirement of open meeting law to have all meetings in a publicly accessible physical location. Ensuring public
access does not ensure public participation unless such participation is required by law. This meeting will feature public comment for this meeting. The Newbury Conservation Commission is convening by Zoom call 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 attendees are participating by video conference. Accordingly, please be aware that other folks may be able to see you and take care not to screen share your computer. Anything that you broadcast may be captured by the recording. 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 to the first item on the agenda, but before we do so, permit me to cover some ground rules for effective and clear conduct. The chair will introduce each speaker on the agenda. 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 microphone. Please use earbuds, and please remember to speak clearly and in a way that helps generate accurate minutes. For any response, please wait until the chair yields the floor to you and say your name before speaking. Board and committee members should be called upon in 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 first seek questions through the chat function. When participants are using this function, please list your name, address, and then your question. Then the chair will seek questions from the public who wish to speak. They'll be asked to identify their names and address question. And once the chair has
a list of all public commentators, they'll call on each by name and afford three minutes for any comments. Finally, each vote taken in this meeting will be conducted by roll call vote. Okay. Thank you, Mason. Upcoming meeting dates, June 3rd and June 17. Uh, first matter is
meeting minutes review for the May 6, 2025 meeting. Why don't we take a moment and review those? See if there's any comments, corrections, or concerns. Well, Bob, I had a number of comments on the on the minutes and most of them were
minor, but I I think there were enough of them that um it might be worthwhile to postpone um so I can go over them with Mason. Some of the items just have to do with um you know when when we schedule a site
visit that should probably be represented the date in the in the hearing and date of continuence and whether a hearing is being a continued hearing or a new hearing those kind of things. Just I think enough said Mary. So, we'll just uh Mary Mary and Mason
just review that, update the meeting minutes, and we'll put that on the June 3rd uh agenda for review. We'll do. Okay. Next matter. Certificate of compliance, D file number 0501052, 20 Independent Way West. Applicant request to close out an old
order of conditions on their property as they prepare to sell. Mason, can you provide an overview and a recommendation on this matter? Uh yeah. So both uh 050 1052 and then the following one 0501021 are both on the property um 20
independent way west uh for Diane Romanos. Um she is selling the house or is in the process of selling the house. Um so is looking to close out some of these old order of conditions. Um this first one 0501052 was approved um in February of
2011. Um, we in the office did not have a hard file. Um, so the only thing that I was able to get was the recorded order of conditions from the registry of deeds. Um, where there wasn't a certificate of compliance recorded. Um, so therefore, we're trying to close this
out tonight. Um, from the sounds of it, this was for a deck extens deck extension and an addition um on the existing dwelling. Um, like I said, there's nothing on file for the approved plans. Um, I was able to visit the site today. Um, and there was no active
construction going on or any active disturbance on the property. Yeah, I actually had an opportunity to drive by, too. And, uh, it's a typical Plum Island uh, lot that is as developed as it's going to
be. And like you said, there's no activity. It it it seems fine to me. Was the deck um, elevated? Yes. Um I can for some reason. Yeah. I mean I
think it's like 7 feet 8. You could walk under it, Mary, when I drove. Oh, okay. Yeah. Okay. Yeah. I suppose the you had you took photos though of it. Uh I didn't I was just going to pull up the Google Maps, but for whatever reason it is blurred out on
the house. Um, okay. Not entirely sure why. Let me see if I can get another aerial photo. What's the address again? 20 Independence West. Yep. Yes. Do you
remember Steve Matas's lot on 19 Independence Way West? It was a single family home. He had the a budding neighbor. There was some the old foundation was encroaching on that lot and uh it was removal of
invasive species. 20 is pretty actually you can drive by it without really noticing the house. I actually went to the end of the street and determined that 12 was at the end of the street and 22 was at the beginning. So coming back uh this may
give a little bit of context here with some aerial photos. Um, so deck wrapping on the left side of the house and then to the front here where there's the front door and then stairs coming down this way. Is there some reason we don't have the
file on it? It was it within that time period where we I I I think it was it was in one of the earliest file cabinets that we have in the storage unit and probably a 30 40 Yeah. 30 to 40 file number gap in between. Yeah. Okay.
Mason, do we have any files from 2016 back? That kind of the cuto off was 2016 or was it's kindness. It it really just depends on on what was uh what was saved or not, but we definitely
have stuff before 2016. Uh I think we have stuff all the way back to the single digits. So like 050 500 something. Yeah. Okay. All right. Well, why don't I open this up to questions? Mary, do you have any questions on this one? No, I'm I'm all
set. Thank you. Okay. Uh Woody, any questions on this one? No, I'm good. Thank you, Bob. Okay, Diane, any questions? No, I don't. Thanks. And I have no questions. Are there any raised hands from the public? Not that it don't want anyone there to. Seeing
none. Okay. Uh I will entertain a motion uh for a certificate of compliance on file number 0501052. Am I in out of order? Is that the right one? Yep, that's the right first one. Okay. Certificate of
compliance for 20 Independence Way West. Okay, Diane. Okay. Do we have a second? Second. All right. Okay. Roll call. All in favor? Mary? Yes. Woody? Yes. Diane?
Yes. and Bob Connor's uh vote she has. Okay. So, the next certificate, it's the same lot. It's uh certificate of compliance for D file number 050102120 Independence Way West. Applicant request to close out an old
order of conditions on their property as they prepare to sell. Mason, can you provide an overview on this and recommendation? Uh, yep. So, it's pretty much the same case. I believe that this file number uh reflects the work that was done on the mirror side of the
house. Um so there's the addition right here. You can kind of see the change in the roof line um with a back staircase as well here. Okay. All right. Questions? Mary? Any questions on this one? Only that the uh D file number comments that you
included in the dropbox mentioned um planting beach grass replication areas. So, do we have a sense for whether or not those may have been installed? Um, I didn't
see, you know, like the the rose that we're normally seeing, but I don't know if beach grass was the was was proposed on this one. I'm not sure if there was, you know, woodier shrubs or things like that. We don't have any plans for this one
either. See? Yeah, we only what's on on the registry. I mean, honestly, that's why I printed out the uh the portal doc. Uh if Mason, if you want to let me share my screen, we can take a look at what there's a little bit better image on
mass mapper. You should be all set now. You see this one? Blow it up a little bit. Looks fairly well vegetated. Yeah, it uh like I say, when I drove by the house, I actually coming down the
street, you don't really notice the house with all the the trees in the front of it. Yeah. Yep. Okay. Okay. All right. Anything else, Mary? No, thank you. Okay. Uh Woody, any questions on this one? No, I don't have
any questions, Bob. Thank you. Okay. Thank you, Woody. Diane, any questions on this one? Nope. Thank you. Okay, I have no questions. Any raised hands from the public on this Mason? Seeing none.
Okay. Does anyone have any additional questions before I entertain a motion to issue a certificate of compliance? Okay. Hearing none, I will entertain a motion to issue a certificate of compliance for 20 Independence Way West. And this is for
order number 0501021. Second, Diane. Woody. Okay. Roll call. All in favor? Mary? Yes. Woody? Yes. Diane? Yes. Bob Conn is votes. Yes. Okay. We have next order of
business is a request for determination of applicability. 37 Northern Boulevard. Applicant is submitting an R an RDA to reconstruct an existing deck. The project intends to renew the structure that was deemed unsafe and add a second
form of egress from the house. Uh questions from Mason. What's your overview on this? Yeah, if I may, real quick, just uh I see Diane Romanos is still here. Uh Diane, I will um I will issue both of those certificates of compliance and I can forward those to
both you and your lawyer um to be recorded. Thank you very much, Mason. Good luck. Thank you. Have a good evening. Thank you. Um yes. Okay. Uh 37 Northern. Um so
yeah, there was some unpermitted work going on. Um I had talked with the applicant and he had described what was going on. Um I can share some Google Earth images here to explain um what he was intending. Oh no, we're we're on 37
Northern Boulevard. Mason. All right. Jumping the gun. All right. So, this is an RDA to reconstruct an existing deck. Um, I have some photos I can share. I don't know if the applicant is on. Um, but it is Neil
Vanam and he's looking to replace his deck in kind. I am here. If there's any questions. Yep. Uh, and so I can um I'll pull up those pictures, Neil. And if you want to just give a a brief presentation, that would be great. Sure. Thank you.
Um, so I believe it's just the back deck, right, Neil? You're looking to replace everything in kind. That is correct. Um, no expansion and then um for the footings here, were you
proposing new footings or using what was there? Uh, we'll be using new footings. um either the diamond or uh uh helico I think it's called. Helico. Yeah. Yep. Uh footings uh will be we'll replace the
ones that are there. And yes, not looking to expand any further beyond the existing deck. Okay. All right. Questions from the members. Uh Mary, questions on this on this our DA. Um did what did we do we
receive any plans or anything for this or just the photo? Yeah. Uh we have the plans the plans are so we have some record of what it is we're approving. Yeah. So the plans are just a little bit more um extensive than what he's proposing. So I think it shows an
additional staircase on the plans um from when he was originally going through the permitting process um but is just looking for um the replacement in kind. Let me pull that up. Um, if I can add something
there. Um, the original plans uh did actually show the staircase there. Um, and to create that second eress, we do want uh to have the staircase completed there. Okay. Because this was before us at the
last meeting, Mason, we had question, correct? Okay. So, it's the the deck on the left hand side of the dwelling that we're looking at and that set of stairs. That's correct. The the picture that you have up now shows the existing plans of
where the stairway will be. Okay. So, there are no stairs now. Is that That's correct. Okay. Hey, Mary. Any other questions? Um, no. I think that's fine. I I I think we need to
label this plan or something a little bit so so there's some record of it in the future that what it is that they're proposing because it we can identify we make a notation on the plan pointing to the correct staircase. So you know that the staircase is new and the and the
deck is existing and that the deck in the front is existing and the deck in the back is existing to be replaced. Okay. Any anything else, Mary? No, thank you. Okay, Woody, any any comments on this one? I just have a quick question. Was the were the stairs
there before and they just became in disrepair? No, during the original construction and I couldn't even tell you why. Um, it was in the plans and they did not get completed at the time. Oh, okay. All right. Thank you. And no
more questions. Thank you, Bob. Hey Diane, any questions on this submitt? I just don't say what's supporting the stairs. What's supporting the stairs? Well, the deck the deck can't believe is beyond the end of the
house and the stairs are coming down to the grade to a pad it looks like. Okay. So, there's nothing going in the ground there, right? That's fine. Thank you. Okay. I I don't have any questions. Mason, are there any raised hands from
the public at this time? Seeing none. Okay. Do any members Yeah, I was just going to say, may were there any more questions. Sorry, I always have more questions. I'm on that. What's the the width of this deck here? We can add to that plan, too. I know it looks like
it's a quarter inch to one foot. Um, if this is to scale, then um Mason, can you just add a note as well with the with the proposed um with this so that when you're reviewing this in the after during construction after
construction we have something to document what it was proposed to be. Yep. Okay. Yeah. You could just add the the dimensions to the plan. Yeah. Of existing. Yep. And I think that would good I that's very good thought Mary. And then and then in the determination
you know you can memorialize mentioned again. Okay. Okay. Do any members have a request for uh have a request for additional information? No.
Okay. All right. I will entertain a motion to issue a negative finding for 37 Northern Boulevard with the notations as discussed added to the plan of record. A move. Diane. Second. Woody.
Okay. A roll call. All in favor? Mary? Yes, Woody. Yes, Diane. And Diane, that was a yes. Yes, that was a yes. Okay. And Bob Connor. So, cheers.
Okay. Thank you. Uh, next matter. We have an enforcement order. Uh, this is 30 Riverview. Doesn't require uh any work. They were waiting shrubs and that'll Mason will follow up on that. It's probably going to come back what,
late fall. Uh yeah, that I actually had reached out to the guys at D. Roza today and I think they're still waiting on plants or maybe adjusting it. I think they had to maybe make some substitutions um for for the available bushes. Okay. All right. That requires
no action. Uh 62 Middle Road is the same thing. Uh did you have a chance to talk to the owner on what they were doing there or? Yeah, so I uh I actually got a hold of uh the developer who sold the house. um and he got in touch with me.
He's going to be uh solving some of the outstanding issues. Um and then he'll reach out to me when everything's completed for for a final inspection. Okay. So, no action on that. So, we have a a new enforcement order. It's five s five Southern Boulevard unpermitted
work. Mason, can you give us an overview? And I know you're in touch with the owner on this. Yep. So, I got in touch with the owner uh to see what was going on out there. Um, and he was using um a mini excavator to do
some he wanted to do some maintenance on these two retaining walls here. Um, one being here and it comes all the way across this way and then this one bellies out a little bit more and kind of ties into the the corner of the staircase here. Um,
his idea is to replace this one completely in kind, this one further back here. Um, and he wanted to replace this one in kind as well and square this off a little bit more so it wouldn't round out here. Can you put the image back up, Mason? Oh, sorry. Thought I
still had it up. Um, so let me go over that again. This one he would be proposing to replace exactly the way it is. Um, and then this one here, instead of looping around here, um, he's he's going to be
proposing, um, to to make a straighter line here. Um, so I had talked with the homeowner, uh, John Bennett, and requested that he, um, start to gather material and submit an RDA to us, um, for further review. Okay. And and you gave him a verbal
enforcement order at this point. Any correct? It'll be on you'll be submitting something for the agenda our next agenda on June 3rd. Correct. Okay. Any any questions on this one team? Was there any change to the you know with the has he done any
work from with the excavator that was there? Was there any change in the property? Basically looks like he looks like he just removed because it's almost a straight line where the block was. I mean I I do drive by this. Yep. uh more
times than I care to mention, but there wasn't a change in the dune like driveway coming up to it. Oh, no, no, no. Okay, that's the same. Yeah, yeah. Yeah, I think he was just starting to remove the stones here. Uh the purpose of it, he said he was getting a lot of,
you know, ocean spray from this side. Um and it was kind of eating away at the the mortar and the stone on the backside of these walls. I I would just have two recommendations for him um in preparing plan. One is
that you can't cut out the dune. So cutting that corner would be removing dune. So that likely wouldn't be allowed. Mhm. And two is that the um you know it's kind of a kind of a low retaining wall there that he may consider a soft solution like just
planting um you know rosarosa or something to create that embankment there to hold that sand rather than rather than the stone that's there. I can see that the concrete one or whatever that is that seems like that's
more that's really retaining, but the other one doesn't look like it is very much. And it would be great if that could be accomplished with other softer solutions than than blocks. That's my only two
comments. Yeah. Yeah, I'll share that with um with the Okay, Mary, anything else? I'll circle back after I check with everybody. Okay, Woody, any comments or thoughts on this? No, no, not at this time, Bob. Thank you. Okay, Diane, any any thoughts
or comments? No, I mean, I could see was he trying to retain that as a like a structure? Is he just repairing the structure? I can see that some push back on that. It it seemed originally that he was removing it, replacing the existing
structure that was in various states of deterioration. Um, but if he's going to try to cut that corner, to Mary's point, he kind of gets to, in my mind, he gets to keep what he has. He can maintain the non-conforming
yard feature, but you really don't get to modify it all that much. You can minimize it, but you can't really modify it and expand it. Okay. I I don't have any questions. All right. So, Mason, why don't you convey communicate with the owner and let them
know the discussion? Yep. We'll look forward for his uh submitt and ask him to be on the call. I think it'll be helpful. Yep. We'll do. Was there an enforcement order issued that we need to ratify or is there It was a verbal kind of We've been doing verbals lately.
Mayor violation notice. Okay. Yeah. Okay. Thank you. Okay. Moving on. Continue public hearing. D file number 0501447 Plum Island Boulevard. that has been continued to our June 3rd meeting
at the applicant's request at our previous meeting. So, continue public hearing uh notice of intent. D file number 0501448 120 Northern Boulevard. Applicant and their representative are
submitting notice of intent to remove two structures on site and construct an elevated single family home. bring in compatible sand for restoration of the dune is also proposed. The team, if you recall, we had a site meeting, a site
visit last week. Uh Tom Hughes had the entire area flagged out where the structure was going, where the limits of construction would be, and where the proposed uh I'm going to call it not filling, but
leveling depressions where the old structures go in. Uh so with that, Tom, why don't you update us of uh Yeah, sure. Um I can pull up the plans if you guys want, but I think at this point it's pretty straightforward. We've we've got a pretty simple uh proposed single family
home elevated on piles and we are um I think the right word that you were looking for is we are nourishing the dune. are actually restoring dune volume and what you saw were the grade stakes showing how we were doing that. Um and that our project, you know, not only
keeps vegetation on the site intact, um we have agreed to uh attempt to relocate a fairly large plum bush that that's present and we also have and I put this in an email to Mason earlier today. We are agreeable to planting up to six uh
shrubs somewhere on site, but and they would be native shrubs native to Plum Island. Um what we'd like to do is give you the species and location uh prior to planting or and you know and coordinate that with Mason in terms of locations, but more than likely the bulk
of them would be on the um landward side of the building, but we might be able to we might try a couple on the ocean side. Okay, Tom, let me stop you there and see if you if anyone has any questions. Mary, any questions for Tom? No, I mean,
it was pretty clear from the site visit that we had what what was being proposed. I have no further questions. Yeah, Tom uh Tom was very thorough with his staking. I simply asked for a couple of stakes to locate the house and point out where he was uh going to be leveling
and filling some of the depression. And in his usual style was about 35 stakes. We needed a we we needed a schedule to determine which color did what, but it was pretty self-explanatory. I do want to credit the surveyor with
that many stakes. I I conveyed your message, but I think it was it was extremely helpful to to to actually see it in that level of detail. They're going to need it. Yeah. Anyway, yeah. And I think surveyors get paid by the stake, too, Tom. So, it probably would
Well, yeah. And and when the work, we appreciate that. Yeah. When the work's being done, the grade stakes will be helpful for the contractor. So, okay, Woody, any questions on this project? Unfortunately, I missed that sitewalk. I I couldn't make it. Um, but I did get a
chance to drive by and I don't have any questions. Thank you. Okay. Thank you, Witty. Diane, do you have any questions on this project? No, I was there. Good presentation. Thank you. Yeah. Uh, and I have no questions. And Tom, once again, I thought it was a good complete submitt
and the site visit was worthwhile and it added clarity to what you were trying to do. So, I have no further questions. Any raised hands from the public, Mason? Seeing none. Okay. Do any members have a request for additional information, plan
amendment, or adding additional content to the notice of intent? Hearing none, I will entertain a motion to close the public hearing. So moved. Second. Okay. Roll call. All in favor?
Mary? Yes. Woody? Yes. Diane? Yes. And Bob Connors votes? Yes. All right. So at this time I think the the only thing we discussed in the field was uh the the trying to relocate the existing bush on
site and you're proposing an additional six shrubs to be determined based on species availability and local that you'll work out with the agent prior to uh prior to start of construction. Right. And to clarify, um, we said we're
going to try to relocate the plum bush and it may be relocated to 337th where there may be a better spot for it. Okay. Yeah, I think saving it was the intent of the commission and and I know the neighbors will appreciate it. Okay. Uh,
anything else, Mary, while we have this open for discussion. Okay. I will entertain a motion to issue an order conditions for 120 Northern Boulevard with our usual conditions. Moved. Second.
Okay. Okay. Roll call. All in favor? Mary? Yes. Woody? Yes. Diane? Yes. And Bob Connor. So Mason, you'll make that notation on the relocation and the uh the additional planting. Yep. Okay.
Thank you, Tom. Yeah. Thank you very much. Take care. Okay. Uh, next matter is a continued public hearing. It's a Okay. This is a notice of intent for D file number 0501450 65 Hanover Street. Applicant is submitting an NRAD to confirm resource
areas on the property. Mason, can you provide an overview and a recommendation on this? Yep. Um, so Mary and I and Frank were actually able to meet Thor um out on the site to start to review this delineation. Um, it is a little complicated based off of um the
vegetation that's up right now. It's a little bit harder to see in the early spring um when things aren't going to flower or in full bloom. Um in in addition, I believe Mary said that this looked like it was historically a farm site um where we were seeing a lot of tilling and land disturbance and things like that. Um so the soils can be a
little bit misleading as well. Um so for those reasons um you know we we thought it would be a good idea for third party to review on this project. Um so I had reached out to Heidi Gaffne um who helped us with a review at 34 central um and she has provided us um with a
proposal for peer review um for the property at 65 Handover Street. Um the applicant is not here tonight um but I had conversation um with him earlier in the day. um they are fully willing and on board with the peer review um and
just request that uh we let them know um what date and time works works best for um for an on-site um delineation review. Um so I I can share that proposal if you would like. Um it's in the Dropbox team. Okay.
And so discussion Mary, do you want to just recap? You were on the site visit and but yeah, I think um Mason summarized it pretty well. I think that there's one area that they might have not delineated that they should have along the street and then um
big open field with with a more gradual transition zone between Upland and Wetland. Um and it it I was hoping it would be more straightforward, but in this case um it there were some in the applicants uh
wetland consultant agreed there were some changes that will likely need to be made. So, um, I think it's a good idea to have third party review. I mean, I I'm a proponent on these MBTA projects that are kind of out of the norm of having
fair review. So, uh, so let me go around. Uh, Woody, any Oh, Mason, go ahead. Yeah, just just a quick question. Mary, did Thor uh did he mention that if they were going to get back out to site to delineate the the area on the roadside?
Is this Chris? I think it's Chris, not Thor, isn't it? Thor was he was the the wetland consultant from um Williams and Sporis, I think. Right. Okay. And he that that's what they said they would do. So, I assume they'll do that before Heidi does her review. I would suggest
that he does do that before. Yeah, that's what I was thinking. Okay. I'll um I'll reach out to to make sure he can get that done. Okay. So, I'm just going to go through the members uh with questions. Then I'm going to seek a motion uh to approve requesting peer review and to authorize me to sign the
proposal. So Woody, any Mary, anything else before I move on to Okay. Thank you with Mary. Woody, any any questions on this one? No, I don't have any questions at this time. Okay, Diane, any questions on this one? Well, thank you. Okay. And
I have no questions. Uh, I will entertain a motion uh to uh request pair review on 65 Handover Street. Hello. Okay. Do we have a second? All right.
Roll call. All in favor? Mary? Yes. Woody? Yes. Diane? Yes. Bob Connors? Okay. Also, I would uh I would entertain a motion to authorize the chair to sign the proposal on behalf of the
commission. Okay, Diane, second. Woody. Okay, roll call. All in favor? Mary? Yes. Woody? Yes. Diane? Yes. And Bob Connors. Okay. Well, guys, we're moving right.
We're moving at light speed here at 641. And this pile is getting a little lower. Okay. D. Next is a plan amendment request for D file number 0501435 Sunset Club. Applicant is submitting an amendment to the current
order of conditions that includes the installation of a 40x40 open pavilion structure. The submission addresses the impacts of new resource areas and any changes to storm water management. Mason, can you provide an overview and
an update on this one? Uh, I'm gonna hand this one off to Steve. He may have some updates on process and and how they're looking to to get through uh get through consom and and planning. So, okay, Stephen, just give you your name and your position on this project. Uh,
good evening. Good evening. Steve Sawyer with Millennium Engineering, Inc., uh, representative for Vincent God. Vincent's here also tonight. Um, so yes. So I think originally we were hoping to get through the storm water peerreview process during the conservation
commission process. It's been somewhat we did get a letter back from uh Joe. He mentioned there was some uh there was a small area of paving that wasn't built per plan. So he never really gave we never got a a a concise answer on the pavilion's impact of the storm water.
Since that time we've submitted site plan review. We've required we've been required to submit a fully updated site plan review submission to the planning board. So I think you know at this point um we'd be looking actually at at this
point probably just delegate the planning board to go through the storm water process and maybe condition if if it's possible to condition have a condition in this modification just pending final peer review as part of the
peer uh is final peer review approval as part of the site plan review process. Um because site plan review is going to need to they're they're now reviewing the 40 by 40 pavilion along with the additional merch shack which is
originally approved under the current order. So a little bit complicated. It's a little bit tangled but I think at this point we just asked to condition the um the stormwater viewers a condition have a condition with this modification for the for this for the uh stormwater
review. And you so you have you're you're in site plan review with the planning board. So we submitted site plan review. We're going there tomorrow. They'll set the planning board date. I believe it's going to be in June. The I don't know if it's the first meeting in June or the second meeting in June. We'll be opening
up the planning board process. So tomorrow night they just set the date. And you've got your ZBA approval already previously. Yes, we do. Yeah, we have our ZBA for the pavilion also. Okay. Um, and as far as I can actually I can just sort
of enlighten the commission on what the issue was. I do have some photographs if I can share what what what we're doing to alleviate uh Joe's concern as far as the anom the uh the the portion of pavement that was not constructed per
plan if you'd like me to run through that. Yeah, certainly. I think there's clarity to what you're trying to do. Okay. Uh let's see. That was fast. I'm okay to share. All right. Uh, can everyone see the picture here?
Yes. Yeah. So, what happened was, uh, I believe when they pulled the gas station, I think when the gas stations moved, they ended up repaving this corner and unfortunately they warped the paving back. So originally the we were supposed to follow the existing paving
grade. Uh there is a rain garden located just behind this fence. So the plan Steve Steve can I just give sorry I just wanted to interrupt there. I just wanted to make it clear we didn't Yeahvin just identify yourself then Vincent Goden uh
the property owner. So we didn't actually add any a new paving this all this paving was approved to stay as it was. What ended up happening is as the paving was all cut and the bulldozers were in there ripping out all the additional paving that was to the west of there, it was starting to crack the
edges of the paving that we were going to be keeping. And the um the the site guy that did did the work recommended that he just do a thin overlay over, you know, a few feet of of the parking lot just to kind of protect it. Otherwise,
he said as soon as cars start parking on there, it's all going to crumble up. So, you know, unbeknownst to us, doing that little whatever eighth of an inch or so of of just kind of seal coat on top created that little lip that you see right there that Steve's pointing out.
So, we didn't add any new paving. It was it was just a me a way to try and and save the existing paving from crumbling as it started being utilized. Now, Steve, are you proposing just creating an 18inch trench of stone
that's going to pitch back towards the main garden? Is that better? Yeah. So, yeah. So, we want to cut we're going to cut this out and pick up basically a stone trench to pick up any of the water that ends up against this curb and direct it back to the rain garden. Um, so we'll end up removing some of this
pavement, but uh and and create a a stone di they call it a stone diaphragm trench to direct it back in that manner. I do have I do have a plan. Let's see if I can jump to it. Wait a minute. There we go. Now, did did that
jump to the new plan? Not yet. Okay. So, I got to stop share and reshare. All right, I got to reshare. All right. So, some of the uh So, can we see the PDF now? Yes. Yes. Yeah. So, we do
we did pick up during the asbuilt, we picked up a spot grade here of the 6.62. So, what we'll do is we'll cut the pavement out. will install this stone trench to direct it back to the rain garden to intercept this. So, the plans were updated as part of the site plan review. Plans were updated and sent into
um sent to planning board, sent to the planning department for review. Joe has not received any of this material yet. Um we expect him to to receive the additional plans and such. And so at this time we're I guess we'd be looking to uh coordinate this whole peer review
and sign off uh as far as the drainage changes with uh with with uh Joe in the planning board. And the other item is we you know I think the major item on one of the comments we did provide a drip edge on
the edge of the the gable ends of the pavilion structure. I think that was the original comment from the conservation commission and then also the helical supports. As far as supporting the structure, we have a helilical support
uh for the APA8 posts. Uh so no sauna tubes are being proposed and as storm water wise it's all clean water. So there's no water quality treatment required. It's clean water from the roof. It'll all be absorbed in the sand. And even though you know with even if
with it being a commercial project there's no we discharge to a uh titally influenced area. So there's no mitigation required for increased impervious area increased runoff rate to the ocean. So that's you know that's it
in a nut in a nutshell. Yeah. Steve if you could just keep that plan up reduce this and go back to the the proposed frenching area. Yep. Yeah. Yeah. Because I guess originally what one of the issues was there wasn't
enough water getting to the rain garden to actually make it function as intended. Well, to be honest out there, you know, well, because it's all sand, you're not it's all and unfortunately there Most I don't think there's any storm water management features out in the
island because it's all sand where this was a commercial project back in when whenever we permitted it because it's a commercial project you need to meet full compliance full compliance of the mass D storm water regulations. So you kind of go through the process, do what you can
and so as part of that that's why we these rain gardens appeared which um really there are plants growing in it but I don't as far as the water making it there it all basically infiltrates into you know even if everything infiltrates into the sand before it
makes it there. It's it's that the island's very it's not a typical inland type storm water management um typically scenario. I think as Vincent will say most times the only time you see water is during extreme
title events when the water backs up into it. U so unfortunately it was all part of because of it's a commercial project we had to implement this as as part of the as part of the storm water management system. Hey Steve, let me stop you there and uh and seek questions
from the members. Mary, question. Um yeah, I understand everything you're saying, Steve, about the storm water management for the barrier beach is a little bit of a different animal, but we still have to we still have to comply with the EP's
standards. So, I'm assuming that's included as part of Joe's review for the storm water that he's doing for the planning board. Yes. Yes. D um uh standards. Yeah. So,
so the letter I submitted actually the letter I submitted for the the letter I submitted was covering the 10 the actually it was eight up eight eight storm water standards and the pavilion and how the pav pavilion impacts the eight storm
water standards and and such. So yeah. So I'm covering it. I'm covering the eight storm water standards as far as that that process. Yes. Okay. Great. So then my only other comment would be that it seems procedurally um uh if there's
not any I don't know what the rush is on this. Well, I'm sure you want to get it done, you know, for using this season. Probably the raining se the rainy season rainy season, but I would be uncomfortable closing a hearing uh
contingent on receiving new information. We're not allowed to do that. and and it's unlikely, but in the possibility that Joe's comments are not favorable, then you know, we we're kind of stuck. So, well, we I think the request was to
condition the amendment to storm water review and approval by third party pair review. So, that would be that's what I'm saying is you you're you're closing a hearing based on receipt of new information that you don't have yet.
So I think it's isn't it really a condition Mary because again this is amendment. We're not not issuing a certificate of compliance or it is that's true. It is an amendment. So it's there's a long process after this. There's a certificate of compliance
that's going to need be needed on two orders. Uh the the one that had expired but uh re replished under pair under uh the tolling. Yeah. We're just being asked to to determine what the impacts
are for this amendment and some of those impacts we're we're saying we don't know what they are but we're assuming we're going to get something saying that they're okay. So that's that's my comment that
okay it's probably be you know better for us if we if Joe's project is his review is coming in what in the next between now and the next meeting could we prepare an order to be ready to ratify at the next meeting if
he's if it's I could prepare review is pending but I I think Steve was saying that they have a a hearing this week to choose a date for the next planning board meeting. So, I don't know if that would fall in between now and the June
3rd meeting for us. So, isn't um necessarily that Joe is going to be doing his review before the next planning board meeting? Um I I don't know if the second planning board meeting will be before our next
meeting. That's what I'm saying. But typ but typically storm water is is handled by site review by the planning board and and that's our responsibility. No, I know but the planning board seems to have been handling
it on most of the projects that I've been right. So it's reports anyway. Yeah. Okay. Sorry. I just have a quick question for for Steve. Let me Vince let me do this. I'll recognize you. Let me go through the questions with the members first and
then answer questions as they're proposed. Woody, questions uh on this plan amendment and the uh storm water. Um I don't have any particular questions. I do recall
um where the picture was with the boiling water that was making its way to the the public way. So that trench seems to address that problem. Um and as far as the on the for timeline for planning
um I believe tomorrow night we we accept the application and then they'll post it. So that's going to take some time. So they probably won't be on our agenda in two weeks. They'll be on our agenda four weeks from tomorrow. So that gives
you an idea of um the timeline for the start of the new public hearing with everything that they with their new plan that we see in front of us now. So that's my understanding.
Okay. So you're you're looking at uh you have a meeting tomorrow night. Your next meeting they'll hit okay. they'll they'll be able to get the two weeks advertised in to get into your June meeting which will be at the end of
middle of the month 30 days of 2021st of June. Yeah, because my understanding is there isn't enough time for the newspaper posting to make our next meeting agenda. So there'll be two it'll be two more weeks unfortunately.
Okay. Okay. Woody. Uh Diane, any questions on this one? I just had a question. I don't know the answer, but Oh, so if we approve the amendment subject to Joe's report and it goes badly and they need
to make changes, how do we undo does the amendment? Well, they have toive at that point. Well, they they they have to meet ultimately they have to pass Dawn water review uh with with peer review. And and again, we have we have we have two
orders of conditions and two certificates of compliance that something tells me we're not going to sign off on until we get everything that we want. Uh but I just remember we weren't even we were ready to close the public hearing a month ago
and it was at the applicant's request to try to jumpst start storm water uh because of the planning schedule uh that we continued the public hearing but we didn't have any other issues or questions and storm water was going to be handled by the planning board which
has been typically what we've done but that's just kind of the recap here. So, um I don't have any questions. Um I I don't think that I don't have a problem adding the condition to address
the storm water. Uh but Vincent, you had you wanted to offer some commentary on this. So, let me circle back with you. Yeah, I'm not sure if it was a comment. more something for Steve, but it was my impression that that Joe's already done an initial review of the plan and had a
number of of comments that he gave. The only one that kind of related to storm water was pointing out this issue with the paving that we had which really actually related more to our initial uh NOI that that that you guys had approved because it was uh and he kind of brought
that to our attention. Um cuz I I don't think anyone had realized what what that little overlay had caused. Um so it it seems as though he's at least done an initial look at everything. Um so so we
don't expect there to be other issues that that come up from it as it was there weren't other comments on his uh initial review that that addressed anything else uh regarding storm water. So on Joe's review with the matter
before him for storm water review from our perspective was the 40x40 pavilion and how that was going to drain. Uh, and did he offer do you have that his letter Joe's letter
Mason when I recall reading his letter it he didn't offer any comments and didn't have any concerns regarding the poor 40 by 40 per billion, but he highlighted this other drainage issue
uh which honestly is part of the original NOI and has to get picked up. So, let's just uh can you expand that a little bit? Okay. And this sheet dated 33125. Stephen, what was that? Was that
the plan we're looking at or was No. So that this Yeah. So that was a previous plan that didn't have that trench. So that's I added this trench um as part of the site plan. Okay. As in response to in anticipation of his comments on this or Yeah. in response to this comment.
Yes. Did he have any any comments or concerns about the 40x40 pavilion on this ladder? because it doesn't seem I don't see it if it uh he kind of did a whole kind of recap
of the outstanding issues on the planting and he brought up the the the pavement issue to you, but he offered but he offered no comments or concerns on the amendment request itself. Unless I'm not reading this
And at the end of this process, you're going to need to submit a asbuilt drawing for review and Joe's going to review that as well before we sign off on anything. Yeah. Correct. Bob, I think what I'm trying to just say
is that there's a possibility that through the review process, the planning board with Joe, that there may be plan changes that are required that are going to just gum up our process. We've already got pro this project has been
way too complicated already. Seems the the straightforward, cleanest thing to do is just wait until the review comes in and issue the order of conditions if as long as it's clean. it doesn't seem to benefit the applicant to have to come back again to ask for another amendment
because the plan changed because of the peer review and we don't know what kind of moving parts there might be with the the planning board. They may need to make additional changes. So, it just seems like let's just do it one more time and do it, you know, have it be clean.
That's that's all. No, no, I I I hear you, Mary. Okay. Uh Stephen, any any comments? Um, no, I don't have any uh any additional comments. Uh, Vince, any comments? Uh, I guess I would just have
a question in in that scenario. I just want to be clear. So, if he comes back and he agrees with the number three in this letter that that our solution resolves that, would that and that's kind and he's finished I guess his review. Would that address uh your
concern or or are you trying to say that that we need to go all the way through planning board beforehand? I I'm I'm saying you're requesting an amendment to an order of conditions already and if there is there are other changes as a result of your site plan
review process with the planning board, you have to come back for an amendment for those as well. So it would be best to do them all together if there is going to be additional changes. He has to certify that the project complies with D stormwater standards.
So you know that's what we're looking for from him. Um if if there are no changes further changes through the planning work process and we're and we're okay with what Joe has to say then you're good to go. But if you know it's
going to be it's just going to be really difficult to do another amendment if we need to if we need if there was additional changes required either because Joe needs the basin size differently or it needs to be deeper or some other work that's not shown on this
plan right now then we you know we're just we're just going to start all over again. Yeah. No, you you you bring up a good point, Mary. And so I I guess it's a two-step process, team, that one, once you get Joe on board with this and I I think
there's a reasonable likelihood he he he would, you know, modify this letter and agree with your with your plan. Um, but if site plan review proposes changing something else, uh, although I'll be honest, ZBA has
approved everything that you have proposed. So that's zoning. Planning board enforces zoning. So it's I'm not sure what else you could do, but I I think Mary has brought up a good point. And what I'm going to recommend is that you
get squared away with Steve uh with with Joe Saraka on your submitted with him and just table and continue this until you get squared away with the planning board. I I think that'll be the most timely way for you rather than showing up and prolonging this. Um probably the
lesson learned is we were ready to actually close the public hearing about 30 or 45 days ago on this thing and it was at your request that you wanted storm water which but Mary brings up a good point. We're the approving authority authority of storm
water. So you're in a catch 22 and I think Mary's suggestion is a good one. We and we can work with you timing wise. I mean, even if it needs a special hearing or something, it just try to get it all together before we make a decision. You know, unlike the planning
board, uh we meet twice a month and we will do a special meeting. Uh maybe the the chairman of the planning board would entertain a special meeting to help this team out. Well, it all depends on the timeline of the posting and the public hearing. So,
yeah. Okay. Yeah. All right. So, so gentlemen, I think uh let me do this. Let me go through. Are there any other questions from the members? Are there any raised hands in the public? We're going to continue this anyway, but if someone's been on the call listening to this, Mason, are there
any raised hands in the public that may have a question? Seeing none. Okay. So, gentlemen, are you requesting in a continuence to our June 3rd meeting? Yes. Okay. And what I would suggest is
if you're not if you're not in alignment with what we're looking for, just let Mason know. We'll kick it to the next meeting in June as well. You don't have to show up for anything else. Okay. Can I just a quick question? Sorry. I just want to understand at the next meeting
if if Joe has kind of revised his letter uh and he's in agreement with what's currently been done without the planning board seeing it. Do you guys want to know about that at the next meeting or you just want to wait until we've gone through before you see again? Oh no, just keep us in the loop on Okay, that
but that's just Joe's going to CC a copy of that anyway. He's going I just mean at the meeting. Do you would you like us to attend that meeting or you just want to wait till planning board has reviewed next? Yeah, I I think if whatever new documentation from Joe is available, send it off to Mason. He'll provide it.
We'll put it in Dropbox so the other members of the commission can see it. We can close with Joe's letter. Yeah, that I think is what you're asking. We don't have to wait for the planning board. The only way planning board is is if if there's some outside chance that there's
other additional plan changes. Okay. We you know what I mean? So you might as well just do it all together if Got it. Makes sense. So we we could close with Joe's letter of approval of what you've submitted. Mary's suggestion is to avoid
coming back and doing this again. And and you know these amendments usually want you kind of get one and done on on a plan amendment. And I know the D has a view of a plan amendments that uh can
vary from what our view is. So, okay. So, I will entertain a motion to continue the public hearing to our June 3rd meeting at the applicant's request. So, moved. All right. Second. Second.
Okay. Uh roll call. All in favor? Mary? Yes. Woody? Yes, Diane. Yes. And Bob Connor. Thank you guys. Keep us in the loop and uh hopefully we'll get you wrapped up and
see you guys tomorrow. Yeah. Okay. I So, Mason, I think that's the last item on our agenda. Okay. General discussions. Uh at the last meeting uh there was some questions on open space but the questions weren't
in the dropbox. Those were put in the dropbox. I I'm not sure how what our jurisdiction is other than some guidance. I thought that we last discussed that Mason would take a crack at responding
to these com questions and then we would discuss it. Yeah, that how we left it. Yeah, Open Space has their meeting tonight. Um so I was planning on following up with Christina after um to see how the meeting went and then to follow up with any um items that she needs from us in terms of our engagement
and involvement. I would only just suggest that, you know, our only open space that we're responsible for is the Great Meadows and um that we we assign the lease for the paying of that property that we just
and I don't know how much you're aware of that Mason, but you know, I think that we should make sure that at least once or twice a year somebody walks through and makes sure that that's all being complied with and that there are no problems out Yeah. Yeah. And I I believe that we're
the holder of a few conservation restrictions in town as well. Um so I think working with the open space committee, I think we're going to try and get some sort of list together so that we can keep conservation restrictions that we um making sure that
those are getting maintained by DPW if that's what needs to be done. Um and then obviously repair and things like that. It it would be really nice to have some um money spent to repair the parking lot for that property. Uh which one was that again? Sorry. Great
Meadows. Okay. Parking lot is just a ma mosh pit. It just is in really tough shape. And where is the It's on Middle Road. Was it Orchard Street or Middle Road? Um Woody, do you remember Orchard Street? You go by PS Drive, go down the hill.
Yep. And before you get to the shop corner, you'll see the sign. The sign someone refreshed the sign. Yep. So, it's the sign's in good shape. It says Great Meadow. Is it on the the left or right side of the road as you pass Pearson Drive down right here? Pearson
Drive on your left. Great Meadow will be on your right. Got Okay. When we did the site visit, do we go by there when we went out for the Yeah, there was one house that we did a site visit on that was part of that Cricut Lane project or was in the Cricut Lane area. Yeah, that
was that was on Pearson Drive. So, we're just past that. Okay. Okay. Yeah. Well, I learn something new every day where our resources are and I know I know the road gets maintained there easily once a year. What is the the road
a great metal? They've it's made it's a scraping but um Oh, the little driveway to access the parking area. Is it gravel now, Mary, or is it patuminous? It's gravel, but it's more like mud and it's not very Yeah, it's it's just ponds and
pools and it needs it needs some fill brought in and so it needs to be refreshed and regraded. Yeah. Yeah. Drive by chance. And that was another thing that I had mentioned to Christina with our involvement with the open space committee is when they have, you know, areas of environmental concern, whether
that's, you know, a marsh trailer, things like that, we would obviously, you know, help try and streamline the process for permitting and things like that. Yep. But that that Great Meadows property, if you haven't ever been there, Bob, it's gorgeous. It's big, beautiful meadow. A great place to walk
your dog. But um and they mow mow paths around it and it's very nice. It is so windy on the island lately. My my wife is driving to Newbury report to find a place to walk our dog and like little
14lb dogs are blowing away. So I I think Mary brought up a good point, Mason. If you can quantify what we have for open space that we're overseeing y and then establish an annual protocol for reviewing it or inspecting it and and
then create a list of deferred maintenance that should be considered and then we can look at what if any approvals it may require from from our commission. Yep, definitely. Okay, Mary, that sound like a plan for you? Sounds great. Okay. Listen, just give we just
give me some low work. That's all. delegate that to Kristen. I I you know what I think you guys do a good job on that and New is a special place in maintaining what we have open is a good thing. But okay, it
is now 7:14 p.m. Any other staff reports or updates, Mason, you want to share? Um I don't believe so. Okay. Uh you know, I have one thing. Uh, I was contacted uh by a
local contractor that wanted to donate refreshing the old causeway next to the Plum Island Bridge that's all full of both holes and u and uh not to change the grade but just to refresh it. Uh
I've mentioned it to the DPW and to the town. This is the lower where the old causeway used to go down the lower level. Mary, you drive down to the flags on the Landwood side and on the ocean side it it comes back. It kind of
follows where they I think they actually ran the water. They tunnneled the water and sewer lines uh to come to Plum Island under Yeah, I know Verizon goes through there, too. Yeah. Is this is this the area before you get over the bridge or after? After you get over the
bridge. It's that area. People use it to to park or launch their kayaks from. Yeah. And so the question is whether it's stateowned property or town owned property to start there. Um on but it's it's an opportunity whoever owns it. Um
contractor is willing to donate just to refresh it. I think that um well Green Belt owns that part of that area. I'm not sure if that's what you're talking about. Well, no. That's the old road layout for the old causeway bridge that came out that's still there.
I will uh Bob, do you mean the part that's like been overtaken by the marsh? No. No. What side are we on? We're on the side with the flags. You you go over the bridge. You have the Plum Island, welcome to Plum Island sign. Before that, at this at the bridge going about
200 feet is the old causeway roaded. Uh that is that is used today. People park there. There's flags there. Yeah. On the flag side or on the No, no, it it it abuts
the raised roadway. I know. I think I know what you're talking about. Aren't there two of them? Don't they come like from each side? Yes. This is on the This was on the beach side. So, that's the one that the marsh has sort of taken over the land. It's taken
over it. It's like all wet and straw and everything now and muddy. Mason, if you go up to the layers and put on the 2020 people get their car stuck there now. See where the layers are? Right next to enter location, the little box. No, up
and to the left. See where it says enter location. Yeah, right there. 2023 aerials. There you see it. So it it's on the easterly side of the bridge. It starts at the the you know the uh the waterway and it runs about
400 looks like three or 400 ft. But there's it's kind of there's probably utility ement through there but it's still part of the original uh layout of the Plum Island. Yeah. Yeah. Yeah. Right there. That's it right there. Some of that is already
converted to salt marsh. Yeah, that's what I'm talking about. That's it's already converted, so we couldn't pave over that even. Well, yeah, I know. Well, we know what it is. There's there's wrap there's a rack that is washed over it. Yeah. Uh but there's no I don't recall any vegetation. I'm just
putting it up there as an FYI. Yeah. Once they figure out who the ownership is and they get approval, then they have to come in for a determination at a minimum. So, I would actually put my paddle board in there and you can't do it anymore
because you can't drive down there. But I don't know. I know what the answer is. But this shows it's in the road right away. It's in the what? It's in the rightway. So, that would be whoever owns the Plan Turnpike, which I guess is the town. Well, if you if when you look at how
they paved, the town stopped about 150 feet on each side of the bridge. Yeah. Because they were saying that that was still state property. Uh apparently when the bridge was being repaired recently uh the state was saying why didn't you pave up to the bridge because it's your
property. So someone has to figure that out is as a starting point and but it's it's it's potentially coming in if they can resolve the ownership and get approval at a minimum of an RDA before us. So I I just wanted to give give us
when you're driving by there give you a little heads up. Yeah. Okay. Right. Any Does anyone have any other any comments, questions? Nope. That they'd like to make. Mason, anything else that you would like to bring to the commission's attention? Uh,
no. Nothing at this time. Okay. You know, if I just didn't bring this up, I might have beaten one of Mary's records for the quickest meeting, but your mistake. Okay. I'll entertain a motion to adjourn. So moved. Second. Roll call.
Mary Woody. Yes. Thank you. Okay.