##VIDEO ID:BKWuMMuu8uA## so this is the opening of the regularly scheduled D Conservation Commission meeting is Monday January 27th at 6:31 p.m. we are going to open with the obligatory reading um because we're on Zoom presant to Governor Healey's March 29th 2023 Bill extending several Co era policies and programs U by allowing virtual meetings to continue from March 31st 2023 to March 31st 2025 this meeting of the Norton Conservation Commission will be conducted via remote participation to the greatest extent possible specific information and the general guidelines for remote participation by members of the public and or parties with a right and or requirement to attend to attend this meeting can be found at the end of this agenda members of the public attending the public hearing SL meeting virtually will be allowed to make comments if they wish to do so during the portion of the meeting designated for public comment by raising our hand virtually or by pressing star n and participating by phone no iners attendance of members of the public will be permitted but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means in the event that we are unable to do so despite best efforts we will post on the Norton concert the Borton Cable website um an audio or video recording transcript or other comprehensive recording of proceedings as soon as possible after the meeting so John what is the legal requirement that we have to read that Preamble every time is it is it I mean can we say according to the um published Preamble or will that satisfy I I think yeah and I think moving forward we can definitely do that um now obviously I think the Preamble is going to change in like two months because March 2025 is the next deadline for the governor to say whether we can continue having these virtual meetings so I'll probably update it once okay well I I think what we'll do is just according to the published Preamble I think that's appropriate rather than I think Dan enjoy I think Dan enjoyed reading it so you know well um all right well we'll we'll do it that way until the Supreme Court steps in so but I think they're going to be busy so we won't have to worry about that I think so too all right so we have um well let's see we have five members tonight myself Julian kades uh Joseph carallo Paxton hasel T Avest and Mark Fernandez we also have John Thomas our director and Megan AR our assistant participating tonight and um uh we have absent let's see if I can remember this Dan Pearson Tom oh no th's here um um Lisa her Roa and who's our last member that's it oh we got five that's true we only had up to seven all right so first uh item of business is our meeting minutes from last time and I think we had a full uh a full panel last time so no issue of anyone having to abstain uh I didn't see anything of concern anybody have any comments if not can entertain motion accept the minutes as submitted so move second have a motion by Joe seconded by Paxton so um Joe Mark and T how do you vote hi hi hi and Paxton hi and I'll throw in an i motion carried um next item there was a request for um I guess it's um um well Mass Department of Transportation to uh continue the public hearing for the um redesign of wer Street North and South with 123 they request a continuation until February 10th I need a motion from you guys I'll make that motion second we have a motion from Thomas seconded uh by Mark uh Joe Mark and Tom how you vote hi right and Paxton hi and I'll throw in an eye the motion carries uh our next uh item is H public inquiries do oh we have a a gentleman on the or at least a computer name's got um but probably no inquiries and uh the Department upate updates anything any comments I think we're going to be getting a couple new projects coming in the door um I'll that we received if I want to say two or three new uh filings today uh one perspective new filing I have to talk about potentially the meeting after so um still they're coming in even though we still have snow and we're anticipating to see more snow in the in the future so looking forward to it okay all right so we have no new public hearings but we do have um a continued public hearing for I guess we don't have a file number yet even though this has been um cooking for a while but 280 West Main Street in Scott I assume you are the representative for the applicant yes sir Scott Adams with Advanced Engineering Group representing uh King Barbers and the owner of the property so yes absolutely we've been here couple of months ago before the holidays is when we were first notified of this enforcement order just to give a brief recap for the board um obviously my firm was was unaware of the ongoings here so during the holiday season we obviously work quickly to survey the area to hire a li licensed Wetland scientist to flag the Wetland line survey the site locate those Wetland flags and then we were on one of the previous agendas uh to discuss the enforcement orders and how to how best to proceed forward so we took the the board's guidance and we hired a uh landscape architect to come up with a mitigation plan for the restoration of that area uh to the extent possible um that is that existing site behind the building uh is was previously Disturbed do do you have a plan you can absolutely sir clst up on the screen I closed the wrong plan as always right so let's see okay so this is the uh historic barber shop that's been this way since at least the 80s or so from the sounds of it it's been always been kind of used as a barber shop with a parking in the front adjacent to West Main Road 280 West Main Road um the existing septic system is in the rear of the building that was done previously U prior to our engagement in this sometime in the 2000s um there is a in minuted stream that runs uh in the rear of the property uh within adjacent Wetland just a recap for the board members we came in uh with an RDA to basically repave the parking lot it's a barber shop was going to be a proposed barber shop but they were adding a handicap ramp to the rear of the site as required by code and they were going from two entrances down to a single entrance so this work was still within the buffer zone and required you know approval of the commission so or RDA was submitted and approved at that time um subsequent to them the contractor that was doing the work was to put it mildly too aggressive in their cleanup work behind the building um the the owners understand the floor of their actions and uh you know are definitely apologetic and are agreeable to uh correct this issue so as part of the last time front of the board we were requested to bring on a landscape architect to come up with a design for this area which we have done and we provided his his design has been added to our set um by Adam leam who was a registered landscape architect in Massachusetts the planting schedule is such that it it more or less follows the 97 foot Contour which seems a good point of demarcation for that replication area um shows all the plants and labels the the seed mixes that are to occur within the buffer as well as within the Wetland seed mix area um and the area that's outside of that is pretty much the existing septic tank and and leechfield that still is currently within the 25 foot you know current no touchdown uh and then we included obviously the planting details um also as part of that time I kind of skipped over it but as was discussed at the previous meeting we had the applicant and their uh contractor quickly stabilized the area with hay um and and Tack a fire and that was reviewed and approved by um the agent for the commission John cor correction on the that the hay was actually straw soorry yeah hey is hay is illegal I am slip of the tongue I [Music] apologize um so that was that work had been reviewed and approved around the holidays as well I know they worked pretty quickly over the holiday long weekend to uh to get that in place as was requested and then they also extend Ed the straw swaddles because there was a couple of gaps in their original um installation that we asked them to rectify and they did that as well and then subsequent to that then we were able to bring on a landscape architect and it did take well over a month to get somebody engaged and uh and on the project and back with the design for us to revise the plans [Music] accordingly I would be happy to answer any questions of the board at this time I have a question did we address the potential hazard tree there with the de barking um gust where the machine had stripped the bark where the containers were stored within our area of concern he did not address that tree specifically in his design um yeah it may have to wait till spring to have I mean your assessment Joe is that that tree is is dead at this point with the damage that was done I'm not saying it's dead but it's on its way and it should be something that probably should be addressed now before later while we're working in this area and Machinery is going to have to get back there for removal it would be you know Wise to do it now while it's the s's already Disturbed yeah but you that was not a I mean you could take that down with a saw and just all it out in pieces but but highly doubt that it's probably you know if not dealt with now will definitely be crane work and very expensive in the future but but when do you anticipate this um work would begin I'm assuming it would be not until April and May is that correct yeah I would think April it would probably be the earliest I suspect I'm looking for a picture that off hand I think that's yeah certainly I that tree does need to be addressed and it would be much more practical as Joe suggests to get it dealt with before uh plantings are put in there especially whether we're going to either you know depending on how we're going to deal with the roots there whether it be stump grinding or removal or whatever needs to be approved at that point I mean what is what is the board's pleasure I mean do you want the tree removed and the stump to remain I mean that's typically what we would do this close to to a resource area um I I have no preference John is there any kind of um requirement uh feel like I had a better picture last time but I'm there was there was a picture from the other side where it was completely debarked on the other side in trouble located I mean for for this one I would say that you know an experience tree cutter could potentially take care of that if they they climbed it so they wouldn't need a crane um but the same point I mean you know it does look like it's it it's on its way out I'd say from what I'm looking at so it's better probably to look at taking it down now hiring a tree tech company to uh do that work along with the mitigation efforts in in tandem come spring I'd say that definitely add that to the list but we can def add it to any sort of order that we're going to issue for this um that's being selected for that one tree absolutely I'm sure my clients will not have a problem you know taking this tree down it is close to the septic system so I definitely would recommend they they hire someone to do it correctly instead of just dropping it potentially damaging any their septic [Music] system so just so the commission's aware we do not have a DP number for for this one actually D reached out to our office today asking for more information from our office um they didn't receive the enforcement order so I had to send that over to them um but I anticipate them releasing a number potentially in the next couple days um since Scott and his team recently sent this over um so I would you know probably from my benefit and for the uh applicants benefit I would probably have a draft order ready for the next meeting and anticipation to close uh this if we do get a number for this project so I guess you know for instance for Logistics here uh we'd probably be looking for a potential continuance until the next meeting which would be Megan is that the that would be the 10th the 10th so just to kind of be a realistic here uh yeah if there are any other questions uh from anyone either the commission or I see there's an iPhone 84 or whatever up there if any so if there are any questions uh about this project otherwise we can continue we can consider a motion to continue this hearing until February 10th I'll make that motion second we have a motion by Thomas seconded by Joe um so Joe Paxton and Tama how do you vote hi hi and Mark I and I'll throw in an I so Mo carries so um Scott I guess we'll see you next time yeah actually it's not you'll have to check with John if if it's just going to be close and review the orders you probably wouldn't have to attend perfect I will follow up thank you thank you um next item business is order of conditions for file number 25169 222 Bay Road concerning the extension of um the lawn area so really um boiler plate except for the one item item four that talks about the the permit authorizes the following activities and describes those activities so everything else is standard so any comments if not we consider a motion to accept the orders of condition as presented sorry I'll make that motion I couldn't find my mute button second we have a motion by T seconded by Joe Joe Mark and T how do you vote i i i and Paxton I and I'll throw in and a motion areas um so you had some other things you wanted to mention uh John uh for projects coming in uh you you said talk about it later yeah okay yeah so we have um a couple new projects potentially coming in one's going to be an amendment to that I guess the 360 South Worcester project I think they came in with like a I want to say a a 35,000 foot Warehouse project that is being changed and modified um for a potential landscape yard so that project's coming in with a new applicant but the limit work is remaining unchanged so it's going to have to go through the same kind of um Provisions for storm water review and um site plan review and planning Board review as well so uh that'll be in front of us for an amendment but then also for um the planning board for Min and modification uh so just so the boards wear on that one then we have a new filing uh for uh Dave patuk over on South Washington Street uh he's coming in with a brand new kind of design and project he just dropped it off today um and that's going to be a little bit different modified just a little bit differently it's Chang he's changing the limit of work um but he'll be coming in for a new project he has to close out the previous project before we can issue a new one but he also wants to make sure that the concom is okay with issuing the new project before we close out the previous one so it's kind of that's going to be a twofold project with that one and then um Megan what's the other one that just came in was an anrad for the an anrad came in for 260 South Washington yeah so this was the property that abutted the uh billboard project where the Extended Stay is there's that vacant parcel to the north um that proper is coming in for an anrad so there might be some potential verification of wetlands for a new potential development over there um I think that's it mostly um then we have a uh perspective change modification to um the rodeo property that might be coming in uh up on North Washington Street so I have a I guess a meeting and discussion with that land owner coming up so I'll see what they're looking to do um but as of right now those are four new potential projects um that are in front of us or will be in front of us for conservation um jurisdiction all right John do we know if the rodeo has a registered Farm number I don't know it's a good question I think we should proceed with caution with that till we find out whether they are registered they didn't mention that it was all agricultural land when I was talking them on the phone yeah was it is it does it have a chapter designation or no do we I believe so it does okay so we just need to make sure that we're aware of those restrictions yeah and obviously if there is a designation on the property they have to release it if they're going to do any sort of um I guess that would be what is rodeos a commercial Enterprise is it not he said agricultural so are they making money off of it by entertainment entertainment it's it's allowed in Agri tourism so it just depends on whether or not they carry a federal egg yes so that so that that that's I guess what would you say that's skirting the line a little bit on that or I would not but uh it's just something like I said when we look at Wetlands we just need to remember that there's those you know those numbers that we have to reply by yeah so we'll have to take a little bit more um I guess a you know magnifying glass to that one to better understand it whether or not the areas are designated or not so obviously if there's a specific commercial space we can make sure it's separated out all right are we uh have we bake the cake I think so we're ready for the icing everybody good yeah all right everybody have a good night and we'll see you in two weeks take care good night