Hey, Misso. Hey, how you doing? Good. How are you? Not bad. Rain held off. We had a nice day. We did have a nice day. Tomorrow the rain is coming. More rain.
Yep. But I think I don't know I haven't today the um drought task force met actually on yesterday the 7th and I don't know the result of that but they may say we're
still in a drought. So if we're still in a drought then I guess the rain is all good. I don't know. The garden's growing. Yeah. Yeah. The rain has been great for plant things and stuff.
Um, all right. So, it's 6 o'clock. Um, so I'm calling this meeting to order of the Shootsbury Conservation Commission. It's uh May 8th, 2025, and we're starting a little early to continue to work on the
regulations. Unfortunately, um Bob and Scott are not going to be able to be with us tonight, but I still think it's good to keep moving ahead with the regulations because we kind of have to get them finished up.
So, we're on the small project section, which I I will bring up. All right. Can you guys see it? Yep. Okay. Let's see. Where were
we? This is where we were. Be right back. All right. Uh I think one of the things we had talked about was um just looking at in the wetlands protection act what's allowed as a minor
project in buffer zone and the riverfront. Um, I don't know. Are you guys still interested in just taking a quick look at that? Because sort of what we would use the small project
permit that kind of plays a role in that. So, yeah. All right. Let me see if I can get that. Go. Why is it doing that to me? Just went backwards again.
Okay. All right. So, these are the uh wetlands protection act regulations and right in the beginning under jurisdiction. Um so these are the basically kind of like the
exemptions that start. So under jurisdiction areas that are jurisdictional they've got activities any of the activities proposed or undertaken within an area which will blah blah blah requires the filing of a notice of intent
except so if you're in a resource area have to file a notice of intent. If you're doing the listed activities except minor activities within riverfront area meeting the requirements that will be below. This is the utility
exemption. So any you can be in any resource area and if you're providing if you're um substantially repair, replace, maintain but not substantially change or enlarge anything that provides electric, gas, water, sewer, telephone,
telegraph. Um those are allowed. And then there's this whole within buffer zone activities. [Music] Um minor activities which is this list. So let's see minor activities
within buffer zone outside NAS which are the other resource areas like bank and BPW provided it's worked solely within the buffer zone. Then there's just some, you
know, factors to consider, but the following minor activities are exempt. So here we've got, so this is in the buffer zone, and there's also some riverfront exemptions, too. Before you go too far, the first
one, the unpaved pedestrian walkways. Um, so if somebody wants to put in a a flag stone sidewalk, that's not paved, right? So that's legal.
Yeah. Okay. If it's less than 30 inches wide and it's for private use. Yeah. I thought it was funny that they stuck it on to 30 since 36 is ADA. H what if somebody came in and said they
had a you know an ADA issue and they you know someone in the family has a walker wheelchair whatever you know and provide a waiver for that kind of thing. We could they have they could apply for
a waiver. Yeah. Okay. and less than three feet um for for public access access on conservation land. And we've got f fencing provided provided it will not constitute a barrier to wildlife
movement stone walls stacks of cordwood vista pruning has to be more than 50 feet from the u main high water line if it's in riverfront or also 50 ft from
BBW whichever is farther does that mean located 50 ft [Music] Okay. Um, native species of trees, shrubs, brown cover excluding turf
lawns, conversion of lawn to um, now so this one is special because it's here under the wetlands protection act, but it's the one minor activity that we took out under the bylaw.
So what this does allow does allow under the state is you take lawn and you can you can convert it to um an accessory to a structure such as a deck shed patio. Again, I think it has to be more than 50 feet from the um wetland boundary,
whether it be mean high water for riverfront or um or you know, actual bank or BVW delineation line if it's over 50 ft. And it's these kinds of things. So, decks, sheds, patios, pools, placement of a bulkhead, uh
installation of a ramp for ADA accessibility, all those things if they're over 50 ft in the buffer zone aren't required under the state to file something, but under our bylaw, they are. So, really, this isn't an exemption
in um Shootsberry. So in terms of something where the small project permit could definitely be used would be with these type activities [Music] um because the small we can get back to
the small project permit requirements but one of it is again that things are more than 50 ft away from resource area boundaries. Um, so anyway, that one is is not allowed under our
Well, I mean it's basically So that's so that's not an exemption, but it is a small permit. So if somebody wanted to put a platform deck within 50 feet of the lake, for example, we can permit that under the small permit application if it was more than
50 feet. I think when when we get back to the small permit permit section of our rags, you'll see that I'm pretty sure it says small permits can be used in buffer zone when for act
for projects that are more than 50 ft from a resource area. similar to what this is would allow under the state is any of these type activities that are more than 50 feet from resources and otherwise we have to
go to an NOI um or an RDA. Yeah, you could if it's buffer zone I mean you could still try with an RDA. People could file for an RDA for smaller things. Uh oh, my phone is
ringing either RDA or NOI if it's um closer than 50 feet. Okay. Um but under our bylaw, everything except E is also allowed under our bylaw. So such things as
um native species, trees, shrubs, groundwater, ground cover, those things are also exempt. You know, there's no permitting needed under our bylaw or under the state. Um the conversion of impervious to
vegetative surfaces provided erosion and sediment controls are imple implemented. I think that person we met on Shore Drive was asking about like they have a driveway that went down towards the lake and they were thinking of taking out the
driveway and reveating that kind of area of the driveway and just keeping the driveway up by the road. Um, that kind of thing is allowed under the state and allowed under our bylaw without any permitting at all. So they can go in and
do that except they would need to use erosion control. Uh activities that are temporary in nature. This is the like um monitoring wells um test pits for septic systems and things.
Um I think do they need to support an NLI activities are temporary and are necessary for planning and design purposes. Um installation of directly embedded utility poles. So this is more DPW kind
of stuff. existing maintainers with an existing. So there are a few little details to it, but utility pool installation can be in the buffer zone without an application. underground utilities, um, electric gas water within
existing paved or unpaved roadways, private roadways, driveways, trenches closed at the end of the day. Repair underground, we don't have any sewer lines, electric or gas facilities.
That's nothing really exciting. Gates, private, public or private road entrances to utility rightways. This is all kind of DPW or
Eversource removal of existing utility equipment. vegetation cutting for road safety and then a sort of a list of what's that what's included in that signal
signpost pavement repair resurfacing and reclamation of existing roadways within the rightway configuration provided that the roadway and shoulders are not widened no staging or stockpiling of materials again DPW Prepare a replacement of existing
lawfully located driveway servicing not more than two dwelling units. Prior that all work remains within the existing limits of the driveway and all surfaces are permanently stabilized within 14 days of final grade.
So, you could completely replace your paved driveway within the buffer zone. Um, as long as you you're staying in the uh existing limits of the driveway. Um, and everything is done within 14 14 days,
you don't need a permit for that. And that is it. So those are the minor activity exemptions in the state rags and we have adopted them in our regulations except for E which is those
the sheds like the ex residential structure accessories. Any questions? Okay. Oops. All right. So, back to our small project permit. Proposed work involves minimal
activity. I had a comment on 72. Small projects involve limited work or activity outside of any resource areas listed in article one except the outer 50 feet of the aura and riverfront provided that the work or activity is at
lift at least 50 ft from I guess I thought that was redundant. If it's saying the outer 50 of riverfront, it's going to be actually What did I think about that? Yeah, I don't know. Terrible. But there was something
there was some reason I wanted to [Music] um get rid of this part here. So, I'm just going to highlight it. Outside any resource area listed in article and except outside any resource areas except
the outer 50 ft of the war and the riverfront area. Yeah. I mean, it just seemed, I guess, kind of redundant, but okay. Yeah, I guess I just I thought this was a little like we've been talking about
with the regulations. It's just sort of talking too much on sort of the reasons instead of just listing the regulations, right? The intention is to manage protected streamline process. It just Yeah, I don't know if we need
it. What do you guys think? I maybe keep it. I I think um it remains a little bit confusing to me still, you know, what thing falls under which category. I know it seemed all cut and
drag while we were looking at that list and then again uh when I step back from it, it seems like I think of confusing thoughts that mess up that clarity. So, I don't maybe it could be phrased better. I don't know. Or someplace else
perhaps. I'm not sure. I think if I was doing something in within, you know, the aura. I guess one thought I have is maybe the small project things should be shoved to the very front of this because to the extent that we can, I would think
we'd want to put as much as we could under small projects. Um, and then whatever doesn't qualify under that, you know, then then we're taking it through the the hoops of the stiffer requirements, you know, and that that's where I guess my
question comes in, which was 7.4 for cuz like what is this you know like is significant enough to warrant an RDA or NOI like I that was the part I didn't understand um if we don't incorporate the state list
and we're flying then I you know I know we don't want to repeat everything that's in the state rags but on the other hand it might help with clarity when we're looking at stuff, you know, cuz we're not flipping
through the state rigs too all the time. Um, yeah, I forget. So somewhere in these regulations we state and it's not in this section we state that we accept the minor projects in 310 10 310 CMR but
you know we I remember the argument you know let's not repeat stuff. It just seems like maybe we need a little footnote or an asterisk with a couple of lines of the sort of things that we're talking about. Yeah. that qualifies just as you
know just just so we're not boneheaded and forget the obvious um is there a way to do a search to go back to that section or well yeah that I'm thinking the same that that maybe in the beginning of this section and and you're
like you're saying we can move the small project permit section up earlier in the regulations as so that it is something that you see before you see how to file an NOI and an RDA and all that. Yeah. Um
and also right here in the beginning we can we can refer again to the state um the the minor activities the buffer zone minor activities. maybe put the reference thing there, but also give a couple examples of what we're talking
about so that so that you won't go searching for that rock. I mean, I'm always trying to look for the easy out if I'm doing something. So, if you say there's a simple way, I'm going to I'm going to grab that page and run and and I could if you deter me right away, I'm better
off if I, you know, see that I can't do what crazy thought I have. I don't know. Yeah, don't I like I like all of that. Um I'm also just going to say move this
section up. Um I like all of that. I just a little leer of only listing some of them, you know. Um you just say C 310 CMR 10 for more detail two, you know.
Yeah. Yeah. Yeah. Everything but E. Yeah. Well, and I think we think we have I think we say that in these regs in a different spot. So, I can refer to the section of our rags where we accept all those minor exemptions. And I think we
do refer to the to the wetland protection act section, but al but we can also list a couple examples and say refer to this section of the regulations for more details. Especially if we look at a couple of the things we've been doing.
Maybe we can just rattle off a few that are common things people are trying to do. You know, it doesn't have to be everything. It doesn't have to be 100%. Yep. Yeah. I think that's
good. That clears them clears things up a bit. Like the driveway thing is a nice thing to know. Yeah. Yep. Okay. So, yeah, you had Mary had a good question about 7.4. We reserve the right. It's almost
like this is just saying we reserve the right to. So, it's written in there just to reserve the right. Um, it's a question of when that would happen. Exactly. That was my question. Yeah. So, say a project's meeting the
requirements. So, it's it's in the outer 50 of the buffer zone. Um, I was wondering, you know, yeah, it's in the outer 50. They've
they're telling us that they're going to use erosion control. It's on some kind of a, you know, simple plan that they've sent to us. Um it it comes down to the way that the state actually writes a lot of the buffer zone
um their whole section on buffer zone and it really is that it's up to the commission if the commission feels like a project is going to impact the resource area then for example if somebody under the state submitted an RDA because under
the state anything in buffer zone you can submit an RDA and an RDA is almost asking do I need to submit an NOI. That's kind of the purpose of the RDA. And if a commission and it's completely in the statewide whether you feel like an NOI
is required and and it really comes down to do you feel like this project is actually going to propose is actually going to impact the resource area. So, we'd like to see a full NOI submitted. And I think it this is a similar thing. If somebody submits a a very because
with the small permits, you'll get down to it like what's required from the applicant. Um really is like know about a notification. Um there's no form although I think we do have a little form like our own form, but it doesn't have to go to the state.
Um, so really they could just submit a very simple plan with one of these with an with a small project permit. So somebody could submit something to us that we look at and go, "Wow, like we really think a lot more detail on what's happening here." like you might you I
think you're going to need to dewater if you're going to you know build that deck or something just comes to us where we feel like it might impact the resource area or there just really isn't the detail that's needed for this particular project that's being proposed then we
just say you know we really would like to see an RDA or if and if it's we could decide on an NOI it is really left up to the commission and it makes it hard for the commissions to have to make those decisions. But that's our Well, an
example might be um I think we had somebody uh cite a concern a while back about their neighbor who was putting in a driveway and they thought it was too close to uh I don't know whether it was a stream or a pond or I don't I forget what it was. They were just re
resurfacing their driveway I think. And that would have fallen under this special permit, right? Yeah. Yeah, if they were going to if they were going to stay if Well, if they're if they're outside 50 ft from a resource
area, that sounds like it they could have. Yeah. And if they were not outside the 50 ft, if they were within the 50t of some I don't remember the details of that one. Um, if it was within 50 feet, then they have to to do an RDA.
Yeah. Okay. even for resurfacing because I read that just now as you didn't have to if it were if you were just working on your spot within a limited time frame. Oh, under the exemptions. Yeah.
But this is still contingent on you being outside the 50 or 100 feet depending only the only the ones that are mentioned as over 50 ft in these minor exemptions require that. So like Vista pruning provided the activity is located
more than 50 feet from mean high water for riverfront or BVW or whatever resource area delineation. Uh here's another one that's 50 ft. That's the one that we don't take anyway by the state. So the other ones
if it doesn't say 50 feet they're for the entire buffer zone. So I don't remember with the driveway one. I think it was like the last one. This is all [Music] DPW. Repair replacement existing lockway
located driveway servicing not more than two dwelling units provided that all work remains within existing limits of the driveway and all services. Yeah. So that doesn't You're right. That one doesn't say over 50 ft. So, in this case, a small permit
isn't even required because it's it is both exempt under the state and under our bylaw. Okay. Okay. I guess I have to tell myself these things 12 times before I It's so confusing. They don't make it simple, right? It's so It's always so
much of rereading of the regulations. [Music] Um, so anyway, that 7.4 I think is just it's just giving us the right to say and I think that's important to be in there.
Let's see what else do we have. So then you get into you get into this activities that may not be permitted and any activity that that involves the use of heavy equipment. So, if you're having your driveway resurfaced, theoretically they're going to bring in one of those roller things
or, you know, so yeah, I see all small [Music] projects. So, yeah, it may not be permitted. So, it's may or may not. So, okay, I'm back to liking my driveway idea.
Well, but so the driveway thing is exempt. It doesn't need any permitting because it's listed as a minor activity under the state and we accept all those minor activities, right?
Um so this this would be something else. So, let's move. Let's for examples, we can talk about the um accessories to houses because we're not accepting that minor exemption that the state provides. So, say somebody wants to put a deck on
and they're outside 50 ft. Okay. And but here it says may or may not uh be permitted if they're using say helical piles. They lump them there with concrete pier supports, but helical piles really create almost no ground
disturbance. It would be inaccurate to say zero ground disturbance, but um they just create a little antill. Yeah. And so it almost shouldn't be in that paragraph. Maybe it shouldn't be there at all because if you have a
choice, for example, of using something, you know, the tubes or whatever, you know, where you're actually hand digging, you're creating a pile of dirt. And he's those helical pile things, they don't the machine probably is a bigger threat
than the the drill. Well, I think this is saying what you you can't do a project that involves substantial regrading, excavating, filling or other form of ground service except for the installation of elk or inground cast or poured concrete.
So it it is giving they are allowed right. Yeah. Yeah. Yeah. Okay. Uprooting or root grappling of trees. Oh, okay. So, the next line gets me. The mowing or clearing of native vegetation.
What do we mean by that? The mowing or clearing of native vegetation in a resource area that is not a compromised tree. See, now here they say, yeah, now this this is confusing to me because when you
say not in a resource area, any activity in a resource area listed in article one above other than those located in the outer 50 ft of the aura are exempt. So when they were saying here the mowing or clearing of native in a resource
area we are including the buffer zone and riverfront. So does that say you can't mow down to the edge? I mean I think I've read somewhere else that if that's this the uh
existing vegetative cover that that's fine. Yeah. This is that's not fine. Yeah, mowing is allowed. And what I'm wondering is if this goes against again one of
these because there's missed the pruning but only in the outer 50. planting of native species, not turf grass. And what are we looking at here? This is the state rule
now. Yeah. You know, if we're trying to encourage plantings along the edge of a stream or lake and then you say you can't do any vista pruning unless you're 50 foot back. That is not a good strong
encouragement to plant along the stream or waterway. If I have grass going all the way down to the the water and you know I and someone says to me ecologically, you'd be better off to
have a a vegetative buffer strip along the edge and the bigger the better. And then you tell me I can't trim it unless I'm 50 feet from the edge of the water. What you just said to me is keep your grass. Is that what you want to say?
But what what it comes down to is we can't be we can be more restrictive than the state, but we can't be more lenient than the state. And right here, the state is saying if you're more than 50 ft, you
don't need to submit any kind of an application if you're going to prune. So, you're talking like right down by the lake. Say say, okay, somebody under D, somebody plants native species and they don't have to submit any kind of a permit or anything because that's listed
here, something that's exempt and they don't need to. but then they go five years later to to prune it and it's all right on the bank. They do need to file an RDA. They're not saying none of this is ever saying you you can't ever do anything. It's just saying these are the
things that you don't even need to submit any kind of a permit for. So, you would need to submit an RDA. But somewhere else, now my brain is is having its own little holiday. Somewhere else, we said you can prune up to 20%
I thought it did. No, I don't think so. That is my own personal holiday. I don't remember. I don't remember that. And I I think it is somewhere in there in our regulations perhaps. That would be strange because this is
this we can't like I said we can't be more lenient than the state and the state here is saying that if you're closer than 50 feet and you want to cut vegetation you need to file an RDA. I All right. You know, the problem
in life is if you want people to grow native plants and have a a vegetated buffer strip between the water and whatever else they're doing, and then they're not allowed to cut it down or trim it. Hidey-hoy. I would not be planting
anything that grows tall. Yeah. And it would be a good idea. Yeah. Yeah. Um there's things like um like you could file an RDA or say with your your
original notice of intent where you're doing your project and part of the notice of intent for mitigation or even just part of your project is to plant native stuff along the bank of Lake Wyola there. So you bring your notice of intent forward with your whole project
and the committee commission goes through it all and agrees that that can be part of the project for you to plant those. And then part of the that application can be like on and m for the next however many years in terms of of
maintaining those shrubs. So, if you got that if you got it permitted that way through through the notice of intent of the project for what they're being planted for, then you wouldn't have to come back for an RDA because you've just gotten a permit that says um that you
can maintain those shrubs for the life of the permit. That's sneaky genius. I think that's a really good idea. I don't know if I want to limit it to um the length of the permit, you I think I
want my 100red-year lease. But I tell every I've always told everybody you have a yard or say it's a commercial, whatever, you want to do a bunch of things, put them all into one notice of intent. You know, don't keep coming back to the commission every year
for a new little project. you know, if you if you want to put a deck on, but you also want to completely change your vegetation on this side of your, you know, do it all once so you don't have to do it over and over. But yeah. Yeah. Anyway, actually, that's good though
because that's that would make it that that would take the sting at least a little bit of the sting away. Yeah. Yep. So, just want to make sure I guess I thought I read through this section. I just want to make sure that
it it agrees with that state uh exemptions that we were just looking at or other form of ground disturbance. Yeah. [Music] six or more compromised trees. Remove
any non-ompromised healthy trees. So really um if you're inside the 50 um no if you're outside the 50. If you're outside the 50, you can take [Music]
down any non-ompromised healthy trees or six or more compromised trees. Oh, these are exact. These are things you can't do. Huh. The tree thing gets me a little bit. I think people
should be allowed to do that, right? [Music] Yeah. Especially putting a limit on your compromised trees. If we had a, you know, a tornado go through like went through
Wendle, you wouldn't be able to just run in there with your chainsaw and clean things up. You need a permit. Well, that would be an emergency, huh? Right. Okay. You'd have to follow up with a permit.
supposed to. Oh god. under this if there's big enough events um DP will issue these big emergency exemptions like for a tornado or something like that where even all the
state regs and everything get um so so in the tree questions we we passed out a small handful of cutting for two trees four trees you know a small number of trees we did
administrative approvals that don't cost people anything. I know. That's why I'm looking at this going, I don't like it. The removal of any non So, this is saying that these activities cannot be permitted with with a small permit. So,
um my internet connection is unstable. Um I have to like clarify these things in my head too. If you're applying for a small permit, you have to be working in the outer 50 of the buffer zone and the
riverfront. Then this is saying under this list, none of these things can even be included even if they are in the outer 50 because they just can't go through this the small permit process. And they're saying removal of any non-compromised healthy tree. So the so
anybody that wants to take even just one healthy tree down anywhere within 100 ft of a resource area has to file an RDA. Yeah. See that's crazy. But but are you are we tripping ourselves because the very first line under 7.6 activities
that may not be permanent or or shall not. I mean I think if you're interpreting it as shall then we have the problem. If you're ter if you're interpreting as something that we have some um discretion then yeah I was thinking it
meant no this list is stuff that cannot and can't use a small permit for you have to file an argument then it should say then it should say shall not be permitted not may not be permitted okay
and I'm not sure if I like shall there I think I like may will I'm not sure if I like will I think may because things things you're going back you're going you're going in a circle here. I am I always [Laughter]
do it is it is Whoops. Now what did I do? Oh, I just jumped. I was trying to turn on the like the thing where I can make changes and
we get lines through it and stuff. What is this stuff? Like I went up a page. I go down a page. Uh, [Music] yeah. Keep going up. We're in the
sevens. Oh, okay. Here we are. tools. I know you like it as made, but I'm just seeing if this works. Dang it, it didn't work. What do I need to do? Anyway, I can just highlight that.
And go back to it. Um, yeah. So, that's how I interpreted that that that these are things that are not allowed. So, if we're looking at the trees, again, I I don't like 7.66. I don't know about you guys, but I feel like um again, if these are things if
these are over 50 feet from a resource area, they could file a small permit, especially not in town here where a good many of the lots are deeply wooded. Uh I I would call it into question more
where somebody owns two trees and they're cutting the last two down. It gets tricky when you got a situation like that. You know, we've got people that are living in a completely forested area or those that have a bush and the rule applies the same.
I can I want to compare this to the vegetation section that we already went through, right? We already went through that whole section that talked about the numbers of trees and things that you can take down. Just want to make sure it's consistent with that. And and I don't think I would
rather have it people able to submit a small permit to take down a healthy tree or six compromised trees if they're over 50 feet from a resource area, which would be the purpose of the small permit, right? But here they're saying that that that you can't use small
permit for that. So you you're stuck doing an RDA. Well, you just said here they're saying that. Isn't that us? Huh? Isn't Aren't these our regulations?
Yes. So I I'm uh So I'm saying we I'm saying we get rid of that. Yeah. There we go. Having a little pronoun problem there. We can do that. Okay. Um, and I just want to compare it to the vegetation section and make the language
the same. Yeah. Yeah. So, so if I would go back a little bit. Yeah. If we're going to read this as a shell, if you go up to the can't use any heavy equipment, um,
that gets funny. Okay, we go uh you know, you can do your driveway, which might involve heavy equipment and that's okay, but then here it says you can't use heavy equipment. So, we've got a conflict if Well, with the driveway thing there, they're they're again that
was under the state and it does say you have to stay within the limits of the current driveway. Yeah. So, you're not your your driveway may technically be located in buffer zone, but it's already developed. You know what I mean? it's already an existing driveway and all
you're doing is covering, you know, regrading it maybe with gravel or repaving or whatever. So, I think this is saying again, what if you're doing a deck and and you are um over 50 feet
from a resource area. So, you um can file a small permit because you're over 50 ft, but that but you plan to use like real heavy equipment that might really mess up the buffer zone. Um you know, for some reason, like I don't know, your
deck is really fancy or who knows what. [Music] Um that's So then, so then I'm wondering what really heavy equipment is. So, you know, like the machine that they drive those helical piles in, they're little treaded things. I don't know what they
weigh, but they're not they're not huge. Some people own tractors that probably weigh more. Yeah. Nobody cares they own a tractor. Well, I think again this is um can be interpreted how the commission it's
there so the commission can use it if you want to, you know, if if if we feel like I hate that. I hate that there's a cudgel sitting there, you know. So if if you've got somebody that doesn't want anything to happen, then they pick
that stick up. Yeah. Well, we could add any activity that involves the use of heavy equipment that may um that may may cause uh ruting and
uh yeah, you know, minor ring. A little minor ring. I mean, my god, on a bad day with a lawnmower, I can create ruts all over God's creation. If if you can fix it with a rake and throw some seed, to me, that's not damage to the to the
system. If if a human can go out and rake it up and and throw some seed on it, that isn't any worse than you left a pile of leaves there too long and whatever was growing died, you know. Well,
um, yeah. I mean, I'm all right getting rid of it. Although I I kind of do something, but I like I like having sometimes lists like that that um give us backing if we do feel like a
project really shouldn't be under small. In that case, maybe it shouldn't say any activity that involves the use of heavy equipment. Maybe it should be some activities. There's your wiggle room. Yeah, you can do a lot of stuff without
killing everything from here to tomorrow [Music] or any activity that involves the use of some heavy equipment. I would say some activities because it probably really depends what they're doing. if they're heavy equipment, if
they're digging with it, you know, or, you know, I don't know. Yeah. Where? But, you know, we've got these exceptions where if you got to dig a trench for an electric thing, you can dig a trench as long as you fill it in. How is that how is that different? They're using some kind of heavy
equipment. They're digging a trench. We're letting people use it sometimes and not others. And it isn't clear when we're going to say it's okay and when it isn't true. Um, yeah. I've always thought of the minor activities as like
this kind of weird list of particular activities that the state has said you don't need to file anything to do these few specific things but then basically everything else you do and that's just
the way it is. It's almost like you're going to do a project so you go look at that list and hope that maybe what you're doing is on there but most likely it's not going to be. Um, so I don't know if that helps you at all, but I've I guess I've always
thought that most projects are going to have to require something. There's sort of just this small list that that doesn't. But um, so any activity involves use of heavy equipment. Again, I kind of like qualifying the heavy equipment, you
know, that you know that create substantial damage or something, right? That could If you can fill in a trench and have it look fine by dinner time, you're good to go.
Yeah. Yeah. Well, and Yeah. And this would the trench stuff was probably exempted under something else like you were saying. So this would be a different kind of project where but the same idea wanting to bring in excavator in or something. Yeah. If you and and you could if you've if you've got the
thing work, you know, it isn't going to be a a long damage thing. You're just going to fix it. Bing bang. [Music] cause significant damage to the buffer zone for the aura.
Close enough. All right. And since I'm not my thing is not allowing me to edit, I'm just going to highlight and come back and edit when I can figure it out. Yep. put a line through it. Okay. And then here it's involves
substantial grading, excavating, filling or other form of ground disturbance except for those things uping or root grappling trees and then we talked about this tree thing and we don't really like that one. Um the
construction construction are docks, peers or other water dependent structures that are not floats, buoys or swimming platforms requiring a chapter [Music] 91. So those are not allowed as a small
permit. Why why do we single them out? Again, you know what? I want to make sure that this agrees with remember we went through the whole docs pier section remember and we made some changes so I just want to make sure this agrees
I mean I I'm just thinking this is almost sort of an oldw world thought that's written there and there we do have we still have a few wooden docks out there but for the most part these things are you know aluminum screw them together kind of erector sit
that's just screw A to B and and stick it in the water kind of a deal, you know, it's not the Yeah. In fact, they usually come assembled and it's just getting enough Hurricane people to carry it on into the water.
Yeah. I think it has a little bit to do with the fact that those require the chapter 91 and chapter 91 really requires commissions to uh review and m and kind of vote. So if if
we're doubling back to that, remember um so maybe this should say the construction or installation of new docks or peers because remember we got the 1984 uh grandfather clause and then it was a
19 I remember what 94 exemption. Call the call the concom and tell them you still have one pretty please. And then the ones that require chapter 91. Okay. Yeah, you're right. So, yeah.
Yeah. Give yourself a couple asterisks because Yeah, you want to make sure that agrees with all the crap we dked out before. Yep. Okay. more than 120 square ft of previously established lawn to a
residential accessory structure. We're not limited to next. So we're not you can't do that under a special permit that list, right? This is the no special permit list. Okay. So, the last thing, the
installation of accessibility ramps really concerns me because if I need a an accessibility ramp, that pretty much means something pretty shitty happened to me, you know, really I don't I don't see how
we're going to benefit from dragging somebody through a a regulatory process because they're going to need that damn ramp and we shouldn't be standing in the way of ADA. a, you know, whatever the hell. I I don't know if that's even legal to put in there that that that
we're loading on extras on accessibility. I'd be inclined to just erase that. If you need a ramp, you can have a dang ramp, you know, do it. Well, so we this is the list that's under
the I think that's the E that we didn't that we've said we are not including in RS the conversion of lawn to accessories placement of bulkheads installation of ramp for compliance with
accessibility requirements station is located more than 50 ft so even the state doesn't allow you to put in a ramp. Build a ramp. Unless you're How do they get away? How are they not in Well, probably
just I don't know which week. We probably already threw out all the federal ADA rules. Yeah. How are they nodding in? Yeah, that seems that seems that we've thrown something some state requirement on top of a
federal permission. Here's the mowing of lawns is not subject to the jurisdiction under although we didn't accept that one under our bylaw. Um why don't you highlight that and see if we can't make
mowing something that isn't going to give everybody heartburn. I feel like it's in here somewhere. I I think it is too, but that mowing comment is in here somewhere. So, under the state, these things are all allowed in
the outer 50. And what we're saying is so that we said that that they're not under our bylaw, but they are. But they could still have a small permit unless they're over 120 square ft of
previous of [Music] lawn. Yeah. I mean, I don't know. Basically, then they're saying if it's over 120 square feet, you have to file an RDA.
You better hope that my mental capacity isn't compromised when my physical capacity is. Oh, all right. It's 7:02. Unfortunately, that was our hour. How much more of this section is there? Oh, not not very much. Maybe if we have a
short meeting um right now, we can come back and just finish this section at the end of the meeting. Yeah. But let's um I'm just gonna stop sharing for now. All right. Okay. So, we already opened the meeting.
Um, I believe I said this meeting is being recorded. Um, so, but now we'll start our regular meeting 7 o'clock. Um, comments from me. [Music] Um, I think Matteo sent around an email
about everybody signing the Whiteitman CR. Um, I went up and signed today and I ended up making like a copy of of a signature page for each person because Grace has to be standing there when you
sign it so she can notoriize. So now there's sort of a page for for each person. Um that was confusing. I did that and mayor, you're probably the next one up that could possibly go do that. Yeah, I will try. It's on my calendar
for tomorrow. Make sure Grace is there. Yeah. Did you you sign one, Jan? I did this afternoon. Oh, this afternoon. Okay. Because I was there. I must have gotten I signed I signed the form that you signed and then I was like what are all these other
pages for that's why I wanted to say something tonight because I thought people would be like people would just do what you did and I actually told Grace I'm like if people do that they have to sign their own. Yeah, I did that too finally. Okay, great.
[Music] Um what else did I want to mention? Uh, I guess we can talk about this during site site visits. Um, is that why we signed it because it's a
CR under the concom? Right. Right. Not since I mean the notices of intent, we we sign them electronically. Electronically right now. Um, but this because it has the not notorizing and
whatnot, it needs actual signatures. I doubt it would make its way through all the signatures and approvals that it needs if we tried to use our so the notices of intent that we electronically sign right now have this um sheet that's
a a vote that the commission took a while back before I was on the commission that allows for electronic signatures like the commission voted to allow those. It was during COVID everybody was doing it. All the commissions were doing it. had to because people couldn't couldn't sign
things um by hand. And that's accepted by the registries of deeds across the state, those voted things that were allowed for electronic. And we're still using ours so that we could do it electronically
because it's much easier because we zoom everything. Um anyway, I can't think of anything else I wanted to really But uh Beth, you said you had mentioned you wanted to just bring up Mark Rivers chapter 91 simplified license.
Yes, thanks Matteo. Um yeah, so Matteo sent around Mark River's um chapter 91 renewal of his dock license and I just wanted
to make sure everybody was aware of it and that we don't we don't need to vote on that as far as I know because it's it's a renewal of a license and so when the license was originally um created there must there was a notice
of intent sort of involved involved with with that. Um, that's the way I understand it at this point. He so he's he notifies the different committees in town. Um, and I think basically when he goes forward and submits his application to chapter 91,
if they want more information from us, he'll have to come back to us with some kind of a request for more of an approval. All depends on what they want. So, but anyway, I just wanted to mention it because I don't feel like we need to put it on an agenda.
at this point. Um then um I'm just gonna um Matteo I I left the um DPW notice of intent I mean the order of conditions in the box in
the mailbox today. So if if you could record that that would be great. Uh yes, I'll do that. Okay. And there was an email chain. I think you were on it. If not, I can send it where Furcog was saying sometimes
with those because there's not a specific address associated with it when you're taking it to be recorded. You can use the address of DPW to have the it tied to because it has to be tied to
something at the registry. Okay. Um, when they when we use that order of conditions, it's predicated on the DPW coming before the Cong with a an annual
list, right? So, does the annual list come in July or does it come at some other time? I think we had talked to them about spring. So, I should reach out to
Dave now that um that order conditions is out there for him to come and talk to us about what he wants to do this this year. That makes sense. Yeah.
Um All right. So, um item number three, review and vote on the minutes of April 24, 2025. Did everybody get a chance to look at it? Are there any comments? I have one comment, Matteo. Uh, there was a section in the site visit where we
were talking about whether you could see any concerns at the library site from outside the uh the uh fenced structure, you know, and and I think you put down that
you could see it from the road, but you'd have to walk along the fence line. You can't see much from the road. Just clarification. [Music] Um, this is the for the April
24th. Um, hang on a second. Asked if he could see it on a Saturday when it's locked up and you have to walk the fence line to see any troubles. Okay, I see the sentence. So, you're saying you could not see it from the road. You can't see it from the road, but you could see it if you walk the
fence line. Okay. Thank you. All right. Motion to approve the minutes of April 24. So motioned. Second. Second. Right. Take roll call. Rowan I. Fox I.
And Wilson I. All right. Okay, next we have site visit update. Jan. Okay, so what did we do? The day after our last meeting, we went out to the library and had a site visit.
Um uh the the company that put in the original erosion barriers had come and added some select uh waddles. They did not replace all the waddles and they did a slight repair on the settling
pond near the road. Um, we were expecting a bunch of rain. So, I went out the following Monday. Um, and I didn't see any problems. So, they bet on their
correction being the one that would work. And it did. having uh we got an inch and a half of rain at my house. So, um Mark decided to bet on the gamble and he won. He was proud of himself. So, yeah, whatever, you know.
Um then yesterday I ran over to the Burns house. They're going to build some stairs and the question was whether they had put up erosion barriers. They did. They've got a sock around wherever they were proposing to build. So, that's ready to go for construction.
And today I went to the library again. Um, again, there were no issues. Uh, the grass is starting to grow. There's a green shimmer. It's not uh uh full or complete, but there's definitely grass growing now over a lot of that
mud. And we've had almost 3 in of rain since the last visit that I made there. But nothing got outside the envelope that I could see. So again, Mark's Gamble worked. Uh the only thing is while I was
there, a a truck loaded with uh pipes and stuff for another construction site brought some stuff in for the library and when leaving the guy got off the beaten path and he was mired up to his axle before he could hit the
road. So it's not like it's not a quagmire in there. Wow. I bet with all the rain we've had. I mean, that's But it was all within. I mean, it it has not gone running out. So, they have done their job.
I won't worry. Good. That's great. What? I won't worry as much now. Good. Sounds like wherever he places he put those extra bottles, he was right on. It didn't. Well, you know what's happened is the soil is is accepting the water
now. We were in that part of the year where it was so we were getting mud rushing across across frozen mud and that was that wasn't working. Right. Okay. What when's your next visit? Well, I said to Roger if we got a barrel
of rain, I'd come out next week and otherwise maybe we'll go back to every other week unless you know the weather dictates otherwise. He was happy to walk around with me on a sunny day. I bet. Well, we are supposed to get like one
and a half inches tomorrow. If we do, I'll go. There you go. You know. Okay. Thank you for keeping up with all of that. That's great. Um I have to throw in that I did two site visits. Jan was going to come that day, but um you were sick, right? You were
there was something Oh, yeah. It was it was allergies that went um maniac. That's too bad. Well, I'm glad. Looks like you're feeling better. So, I went to Seven Baker Road, which is the farm
at the intersection of Baker and Pelum Hill Road. Um and I met uh the owner, but also with Kestrel because um we share responsibility of a agricultural conservation restriction on that land. Um, so we kind of have two roles. We we
work with Kestrel on the conservation restriction, but we also are there to protect the wetlands. Um, they're looking to put two small sheds that are she had a different name for them. They're sort of they're for the horses.
They provide um sort of a windbreak and a little shelter for the horses. And this is the paddics that's um on the the north along Pelum Hill Road. So if you're coming down Pelum Hill Road is that first area. You see that they have
a ring a running a horse ring up there too. So these would be within that large area, two spots. And all we did was we walked around and looked for kind of the best spot. um because it's within an
area that is used for agric it's for the horses. It's it's under the agricultural that whole paddock is under the agricultural exemption because it's being used for a profit because they um what is it store horses? What you
know they have horses that stay there that belong to they board horses. Yeah. So they make they're making money. So anyway they they qualify for the agricultural exemption. So that entire area is within that. So they don't need to file with us. They do need to, you know, let us know what they're doing. Um
so anyway, we just walked around and we kind of found areas that were um both flat enough um but then also there is this wetland that comes between that paddock and the next sort of fenced in area.
Um, and so I kind of had her try to stay as far away from that also over 50 ft at least. So there was that. Um, and they don't need to file for that. Um then I went to 681 Wendle Wendell Road which
they're going to come to our May 22nd meeting with a um with tree removals that are in under an administrative approval which once we get our rigs passed will be called the small project permit. And those were all over 50 ft
from the wetland line. I saw where the wetland line was and um and just agreed that they could be done under an administrative order. Um and I think Mr. Mr. has submitted doc the documentation
he needs to install. So we'll see that at our next meeting and that's all. Any others? Jan, are you done? That's it for me. All right. Next, we have land management update. And Scott's
not here, and I don't think there's been any activity on any of our conservation land since our last meeting. Um, so 7:15, we can open the public hearing for the RDA for 51 Shore
Drive. And I'm guessing that's you, Jessica. It is. Hi. Hi. Welcome to the com. Thank you. Um, so you can present the project. You
can if you have like a a plan that you want to share, we can give you sharing capabilities to just just bring us through the project, talk about it a little bit or share whatever documents you want. Okay. Um well, I had submitted all the documentation
um when I submitted the RDA, but essentially uh it's a pretty simple plan. Uh we're looking to build a 12x8 platform deck, meaning it's just a a a step above the ground. Uh there will be
no stairs. Um there will be no railings. Uh it's basically just to have an slightly elevated and flat area for seating um and
recreation. And uh yeah, it's there's not a whole lot to it. Uh there are two bushes um that would need to be relocated uh which I was thinking about just shifting them down slightly.
um shifting them over. Uh the proposed deck would not be attached to the house. It would be freestanding. Uh as I understand it, there's no permit needed. Uh it's just because of the uh vicinity to the lake that we uh want to make sure
that we're doing everything properly and um going through the correct channels. Okay. Um, do you know the what's the closest distance to the lake for of the construction?
Uh, we we did measure that the day that we had the site visit. Um, I want to say it was 37. Okay. From the edge of the deck to the lake. Okay. And then that was based off
of two it being two feet away from the house. So there would be a gap between the house and the deck. It would not be attached. So what's there right now? Is it lawn? Yep. Okay. Just grass.
And are you guys um digging up any of that lawn or just putting this right on top? Yeah, there would be there would be some leveling that would need to be done in order for the deck to be level. Um, so they're going to uh dig out the loom.
Um and then they would like to put in 3/4 in stone so that uh for the drainage. Mhm. Um and there would be a concrete center I guess and that's
again to for leveling purposes but it would be supported on chimney blocks. Okay. the deck itself be so there'll be a little bit of of of digging there will
be there yeah there's a very small grade uh that kind of runs to the lake so it kind of like goes from the house slightly down it's we have a pretty flat yard actually it's it's not significant at all it's not something you would even feel under your feet um everything's
pretty level it's it's just to make sure that the deck is you know completely you know, level. Okay. And um so with projects like this, we always like to see some kind of erosion control between the work area
and the lake. So that means um either silk fence with with with hay um veils or you can use what is called a um a silk sock or a waddle which are
these kind of rolls. Yeah. Um yeah, those were placed at the end of our um at the end of our little cove area. Um I'm not sure when they were doing either drainage work or lake or road work. Uh, and they were there for a very
very long period of time. So, I am familiar with what those are. Okay. Yeah. So, either I don't know if you're hiring a contractor to do it. Oh, yes. Okay. So, they I'm sure they'll be very familiar with with waddles um and just erosion control in general and um so we
would require you know a line of that to extend between the lake and the construction area for sort of like the length of the of the construction area. Okay. And how long does that need to be up for? Like I said, the last one was left up for about two
years, which we think was way too long. I think people just forgot about it and it just sat there, but then it got like kind of rotty and gross. Yeah. No, I would say with this um cuz so you're going to you're going to dig up the lom and you're going to put down the gravel and put down the deck. Is there going to
be any area of kind of open dirt around the extent of where the deck's going to be or you really feel like existing lawn is going to come up pretty closely to Yeah, we um actually there's going to be a a little um perimeter of the stone
that's going to continue out from the from the deck um just so that uh you know we're not like weed whacking onto the the deck itself. Um, so maybe six inches or something away from that uh
away from the the wood itself, the frame that is. All right. So, it sounds like to me the erosion control would definitely stay up until the project is complete. And usually what we we like to leave it up until there isn't any exposed soil around. So, say it was a
project that did have exposed soil that you were going to loom and seed, we would leave the erosion control up until the seed took and there was grass. Um, this sounds like there's really not going to be much once the deck is there exposed soil. Correct. Um, so when once
your project is really done, closed out, everything's cleaned up, you you get in touch with the with Matteo actually or or Jan and we can have a commissioner come out and take a look. And if everything looks okay and stable, meaning that if there was a rainstorm, there wouldn't be any um sediment ending
up getting down towards the lake, then you can get rid of the erosion control. That's kind of how it works. Okay, understood. Okay, great. Um if you're finished, Jan, you did the site visit. I don't know, was mayor with you? Did both you guys do
it? Yep. Yeah. Do you guys have any concerns or descriptions about the project to add? No. I think Jessica described pretty much what could be done. Yeah. Yeah, pretty much.
Okay. Um I guess my one last question is so the contractor um how are they maybe using some larger equipment just to like pull up the lom and stuff. Do they they have a way to get there without getting close to the lake?
Yeah. Yes. Yep. you can come right onto my driveway and that's going to bring you practically on top of the space um where the deck will be going. Okay. It's very close. There's a couple of bushes that they might have to go
around, but um hostas, not bush bushes, you know what I mean? Yeah. Yeah. Not a woody bush. No. No. All right. Great. I don't have any more questions. Jan or mayor, do you guys have
anything? No. All right. I see Mary David's here. Hi, Mary. Um, anyone from the public have any questions or comments? Nope. Okay. Seeing no questions or comments from the public. Um, I will take a motion to close the
public meeting on 51 Shore Drive. So, a motion Second. Second. Okay. Roll call. Um Fox. Hi. Rowan. Hi. And Wilson. I um and I'll
also take a motion to issue the uh determination of applicability. I think in this case it's pretty simple. I think what I'll do is I'll have the RDA the determination form and
you determination let's see it's a -3 that is for work in the buffer zone and with if you you know if you check offg -3 as your determination you can add conditions and I think the only condition I'm going to put in there is
that erosion control be used between the lake and the work area. So, if you guys are happy with that as the determination, we can just vote on it tonight and I can I can get it out. I motion to write the determination just
that way. Awesome. All right. Rowan I Fox I and Wilson I All right. Well, thank you Jessica. So, that determination that I just was talking about is the permit, and we'll get that
put together and out to you probably uh hopefully the first half of next week. Okay, wonderful. So, that'll come in the mail then or via email. Um, it can be both. So, you can get the email one a little sooner and start with your project, but a hard copy will also
come to you. Okay, wonderful. I appreciate it. Thank you. Thank you so much. Bye bye bye. Um, all right. So, the last thing is just unanticipated business and I don't think
we have anything. Um, we can go back to the to the regulations if you guys want to at least get through that small permit section tonight. Sure. Okay, let's do it. It's hard to
say we have to quit at 7:30. [Laughter] All right. That seems a little like too fancy for us. I don't know. All right. Where were we?
Oops. All right. Applicants are responsible for ensuring that activities approved under a small permit do not result in any nonpermitted alterations of a resource area including the or Yep, that makes
sense. Small permit applications must be submitted in writing at least 21 days before work. It should include a written description of the work, the name and the conduct information, description of
erosion and erosion control and stabilization site plan or sketch identifying location. Um, I think we have a form too. I feel like if we don't, we probably should create one. I think there is one for the
AAR. Um, so I may want to include that here. Okay. Within 21 days of receipt of the application, we conduct a site visit and review it at our next
meeting. Either approve or deny it. Um and the commission may attach conditions. Yeah, I think that's all makes sense. If approved shall not require a
professional wandation, buy notification or legal notice. No public hearing is required and they're good for a year. Okay. I like it. I think my one other only
other concern was um if something comes forward with one of these that meets all of our requirements yet, it's not listed as a minor activity under the state rags. Um doesn't it need
filing with the RD with the state? And I think um Miriam had talks with Mark Stinson about that. Um and I guess she sort of took it as that things like tree removals, she kind of got the feeling that the state doesn't necessarily want
to get so involved with small projects like that. Um, but I haven't had a chance to talk to Mark yet about it because it's confusing to me having done the work in Ammerst where, you know, if it's not this, it's this.
You know, if you you if it's not listed as a minor activity, you file an RDA. You know, it's like that's how the state law is written. Um, so that's the confusing factor for me that I just kind of want to figure out with Mark.
But anyway, should we keep going into the RDA section? This stuff I don't have a lot of changes for any of these sections that are so similar to the state. I don't think I had any changes to
this. Where is um I'm not sure where it falls. It maybe it's down further in the process. It was there was some discussion about who has to be notified. There's a section on um like
other other committees. Is that what you mean? Uh well it it gets back to that we we we brought this up before the question of who the abutters are. So you have to, you know, the obvious 100 foot of
Butters next door, whatever. And across the street and you know, we were looking, we're talking about having to notify people all the way across the
lake. That that maybe didn't make sense and it made for a pretty huge list. Mhm. because you're pretty far away. Um, but I don't know discussed in article five above in these
regulations. Do you want to go back and look at that? Maybe because I thought I saw it when I was whipping through this before the meeting. Oh, somewhere in this pile and I and I highlighted it, but now I don't find it.
So, who knows what happened to that. Oops. comply with the buyer notification requirements. The owner that 84 talks about shall include written certification that the owner of the area if the person making the request is not
the owner has been notified. I think that's the only reference to a butters in the RDA section is 83. I'm not sure that it's in the RDA section. It's you know Oh, maybe it's in the NI section. We determined that the lake like that
that didn't fit within an actual butter. I thought that you're separated by the water. I saw it. Let's go back to section five. So why does it say section five with a V? Oh. Ah, there it is. Butter
notification section four. Um [Music] where the delineation activities proposed including owners of land directly opposite on any public or private street or way or a body of water cross a body of water less than 50 ft.
Yeah, that's what we added. Less than we added that. We did. All right. I can live with that. Yeah. All right. Good. So the determination positive or negative
within 21 days. Does 8.7.2 mean if there's only three of us present that two are all that's required to go ahead with this? Um,
we don't need a quorum. Good question. I get confused by that all the time. That seems to me the way it reads and it doesn't I don't know if that is what do looks like Tom knows the answer. Tom, I
I suspect I do. Excuse me. But because it says present at a public meeting, it can't be a public meeting unless there's a quorum. So by being a public meeting, there would have to be a quorum. So for a group of
five, you know, three would have to be present and then two would be a majority of the three. That's how I read it for this conservation commission. Does that make sense? Cuz like the public meeting part is for me the key
phrase because it's not a public meeting if it's not a quorum. Right. So there's the question of quorum just to open then have a meeting versus quorum to vote on um permits
um because say you have say you have four people at the meeting and so you have quorum to have the meeting but then two of them have to abstain from this particular project because they are
a butters or something. uh you know our our when I think of our quorum it's always three for to start a meeting really or you know but also to just vote on things in general permits and accepting
conservation restrictions and whatever else we vote on. So that says this is something I need to look into because that's that what that says there is different than how I have always kind of thought that we needed three people to
vote on anything. Okay. Commission shall find that the bylaw applies to a portion thereof. All right. I don't have any other changes to the RDA section. Notice of intent. Um 96. If an applicant wishes to obtain
an ORAD, they must file an ANRA prior to filing an NOI. Alternatively, the boundary of a resource area may be determined through the filing of the NOI um or an RDA. You can file one of those to just
do a delineation. Don't have to do an and resource area boundary delineations shall be reviewed during winter months in accordance with the winter delineation. Oh yeah, we have that to read through
that. Anybody have any comments on the NOI section? It's all pretty straightforward. It's just how people apply. Oops. And how and then this is just how the public hearings are run within 21 days of a receipt of the
application. You can continue a public hearing checks to a continuous shall we close and commission shall take action. Yeah, you always come up with this this thing that it it we have the authority to continue a
hearing. Um, but an applicant can object to continuing the hearing. And if if that's the case, then the hearing gets closed and we make a vote, right? Then I mean at that point what most likely happens is
if they don't for some reason there's some sort of an issue and they don't want to continue it. We can basically say that we don't have enough information to make a decision and and then you're just kind of you're throwing out the application and they would have to start
all over again if they were un able to or if we feel like we have the info then we just vote on it. But um if you're going to continue it, it's usually because you you haven't really finished gathering
information yet. that does that give the commission the ability to continue it if um if for some reason we lose quorum in a meeting somebody can't vote for some reason where it's our fault where it's our
our responsibility that would get tricky because if you don't first of all you need to vote to continue it so you'd want to have quorum to even vote to continue it. Also, if we want to continue it for some reason like that
and the applicant says no, then again, it would be like right at that point, we would need to take some kind of action, which if it's voting and we don't have the quorum, that's that's pretty tricky. Um,
sticky. I mean, typically if in situations where and this has happened, I mean, it happens a lot where all of a sudden somebody gets sick and we we don't have quum and we can't have a meeting at all. I mean, I've ran into it a lot and
in Ammerst call the applicants and say, "I'm sorry, we we don't have quorum for tonight. We can't have our meeting." and they really don't in the end don't have much of a choice if they want their project to go forward. You know, if they're coming to us asking asking
permission from us. So, if if they're not willing to switch to another meeting night, it's really our our ability then to say uh well, sorry. you know, mash. So that there's
no automatic in for somebody who has who's faced with that situation but wants to move forward. Uh like a special meeting or what's that? like calling a special meeting or agreeing to a special meeting or outside
a regular meeting date or something or we could we could certainly try to work with them like say they were traveling or something and they they needed the meeting within the next three days after the one that got cancelled, right? We would probably I mean just just to be a good
town committee we would make every effort to try to do that for them you know because it would have been too bad [Music] but I'm just you know thinking worst case scenario you always do Jan you are
always throwing out the dooies if you need a kagon I'm handy you've always got questions, but it's a good one. Five business days. Yep. Would I ask about the five business
days? Yes. Um I'm just looking at um 4A section 11 in Massachusetts about notice requirements for public hearings cuz like in Wendel, we do 14 days. Um,
and that's what that says. I didn't know if you knew what the five days was based on. Just to flag it, please. I It's the I've never seen it as five. I've always understood it as 14 or the newspaper notices. Um, I should look back at I should we
should look at the wetless protection act because I almost want to say it's seven. Oh, okay. Ammerst does seven. Um, and I should look through these rags. I don't know if I want to do it right now. Maybe I'll just highlight that as something to check. Thanks for letting
me ask it anyway. I just wanted to ask more than anything. Yeah. No, that's a good question. I'm trying to get back to the regulations. I'm going to highlight it and you know, if the Wetlands Protection Act, whatever the Wetlands Protection Act says. Um, okay. I'll look at that, too. Thanks.
Just go away. my little border thing will go away so that I can get to There we go. Okay. Um yeah, let's highlight that.
Um cuz if the if the wetlands if the wetlands protection act says five then we could leave it but if it says more like seven I don't think it was 14 at least in the well and stuff but um yeah
we'll check All right. Um, all right. Should we maybe call it call it quits for now? We'll continue and uh Scott and um Bob can join us.
Yeah. Yeah. So, we're we're on section 11, coordination with other boards and offices. Let me look at the table of contents and see what's really left of this very much. So, there's a fair amount
[Music] Yeah, I feel like, you know, in our next meeting when they're with us, if we again can just pound it out, we can do another six o'clock meeting if people want to. I think we could easily get through all these sections that are
really quite short um and don't there are just almost things that are required in regulations. Um so we're on 11 coordination with other boards 11 through 23 of article
five. Um, just pretty simple stuff like if everybody just wants to look through it between now and then. And so I think for most of it, we won't have any comments or anything. Yeah. And then I like that I like starting early rather than doing it tag.
Maybe we could start on at 6 on the 22nd. Works for me. Try to get through all the rest of part five. All right. I have nothing else. Does anybody have anything
else? No. Well, thanks for coming. I move to a journ. Wait, we need uh so at our next meeting um 98 Lake Drive um is going to come to our next meeting. So we'll need a site visit. Um Jan, if you want
I figure that out. 98 Lake Drive. I'm pretty available. Do we want to work out something now? Yeah, me too. Yeah, sure. I don't have We got We got to make sure uh Mr. Murphy is home.
Let me get my phone. Where's is Where's 98? It's the log cabin. Oh, okay. I can't remember if anybody was down there lately.
Um, can't find my phone, my calendar. We'll just we'll just wing it here. You want to do it next week? Yeah. Let me see if I can get a hold of him and then we'll come back with uh some possible days.
You have any you can't do? Do you want to Wednesday Wednesday is never good for me. Okay. That's really the only day during the week that I can't do afternoons. I can't do Wednesday afternoon this this
coming week, but I could do uh or or Thursday. I could do Monday or Tuesday. Okay. I think those are both okay for me. Um, what about Friday in case they're coming and going?
Um, I I mean I could do Friday after like 4. You mean tomorrow or next Friday? Probably next Friday. Oh, okay. Um, I could do Yeah, I could do it next Friday after 4.
I think I can. I'll see if I can get a hold of him and see what happens. Okay, great. Thank you for doing that. Okay. Motion to adjurnn. Second.
All right, Fox. Rowan, I and Wilson. All right. Hi. Thanks, guys. Have a good night. You too.