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Video-Count: 1
Video-1: youtube.com/watch?v=JYc8c8AU7Qs

Part: 1

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We're going to call the conservation commission meeting for June 15th to order. We are in town hall office room three. This is a Zoom and held We're going to

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open up by giving attendance. >> I'm here. >> Is all here. And a clerk. >> I'm here. Terry Patria. >> Done the feature. >> And you should know we do have a quorum. First item on the agenda is public comments.

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Do we have anybody in the room that would like to make any public comments on items not on the agenda? And I'm the only one online. Thanks for somebody allowing me to come in. So hearing no I have no public comments to make.

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>> Okay. So we're going to post public hearings at 7:05. So we'll review of the meeting and motion of the last meeting. >> I'll move to approve. >> I'll second the motion to approve. >> We also have the May 18th minutes of the

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meeting. >> I'll move to second that. >> It's third. >> No package. >> Yes, I move to approve. >> I think that was in the other meeting. >> I think that was in our folder the last >> I think it was.

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>> I think >> It was something like that. I don't know what it was exactly, but >> We didn't have enough people to vote on it. >> Yes, that's what it was. >> Cuz I don't think I was there for that one. >> Oh, and Annie. makes sense at all. Not voted. >> So, what we've got is what we should do

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is put it in our packet again for next time the next half a show. >> Okay. >> Okay. >> Would that be for the May 18th plan? >> Yeah, we're going to do June 1st now. >> Okay. >> If we can. >> Okay. >> I don't know if I have a problem with that now. I probably did say something. But, that wasn't here. I guess folks

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immediately was. >> What was the meeting? >> The Wetlands >> The table that too. >> I think we're going to have to table the June 1st because we didn't have anything wrong with the quorum. Same members. >> Pardon? >> All right. So, we're going to hold on both of our minutes.

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All right. So, we have a public hearing here at 7:05. I don't know. I'll read the all of the orders in the public hearing. The Southwick Conservation Commission meeting will hold a public hearing under the Massachusetts Wetland Protection Act GLC

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131 section 40 and Southwick Conservation Commission regulations and bylaw chapter 182 and chapter 450 for an abbreviated notice of resource area delineation. Project location is 591 College Highway,

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Southwick, Mass. Map 076, parcel 046. The applicant will locate and flag where the boundaries of resource areas on the subject property are actually delineated. The meeting will be held on June 15th,

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2026, following Eastern Daylight Time at 7:05 in the Southwick Town Hall and on Zoom. So, we'll open up the public hearing to the petitioner or their representative. Name and address for the record.

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>> Yes, it's Paul Medeiros from RL Beck Associates, 40 School St, Westfield. >> I need to tell you this real quick. On the property we found out on College Highway, is this fair one or not? I think you should come closer. >> Everyone has this in their packet. >> Um yeah, pretty everyone's if you live

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in Southwick you're familiar with the property. Um you know, that obviously there the resource area has been delineated by RL Beck Associates and uh Ryan from our office. Uh he went out to delineate it. It's pretty cut and dry as far as where it is, culvert, the the the headwall.

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Um as far as everything else about on the property inside the buffer zone, it's as flat as it can be basically currently. Um so kind of makes this one a little bit simpler as far as where the down hill spots are for the wetlands.

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Um I like the property as to speak. >> Okay. The only big question we ever had was whether that was an intermittent or perennial stream. Um some place some sometimes they thought it was

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intermittent, some thought it was perennial where it started. Do Do you got that defined on your as intermittent? >> I'm actually not sure what RL we call it. >> The culvert that goes under the road by the mobile station. >> Yeah, um Yeah, we're probably calling it um

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intermittent. He did research. >> Because there I don't think that was ever really determined if it was >> I think it may just be intermittent. I'm not If it's not noted otherwise on our evaluation. >> It appeared to be intermittent but did

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you do the watershed the calculation and such like? >> set for it? Uh no, sorry. I don't think the stream says it either. >> Even if it's intermittent, there's still a lot of jurisdictional area on >> Oh, yeah. Yeah, I mean So, this is the hundreds going all the

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way out here. Well, we need to decide when we want to site visit, too. And And Robert Robert told me 100% without a doubt it was intermittent. He did He did research. He showed me all the data online. It wasn't wasn't even a conversation.

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>> [clears throat] >> So, I don't know. >> It was when they put the the new culvert under the road is when it was the the state had all that you know, whether it was intermittent. They They had it as perennial on one side of the road, intermittent on the other side of the road, but

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>> He looked up the data. He made sure it was It was live active data. He had his engineer actually double-check it at the lab. I don't know why it's not documented like that. >> Well, it's better defined, anyway. >> Yeah. >> [clears throat] >> I can Yeah. Read the file.

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>> I mean, I've been up there a bunch of times. I It's pretty cut and dry, really. It's that >> Yeah, and everyone I talked to in town said it dries up every summer. >> Matter what anybody does out there, they're going to have to come in front of the commission to file with us, anyway, so

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>> That's yeah. That's the intent of it all. Well, I don't know. I can't answer this one. >> Do you have any official dis- documentation on on the fact it's intermittent? >> Official documentation on >> on the the

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on the max believes it's intermittent. You don't have anything official on that. We're not delineating anything off property though. So, where where as far as where the where this goes what happens, we're not we're not certifying basically as officially what that is. So, we're just showing the BBW on the side of the

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>> Right. Okay. All right. Okay. >> Yeah. That's what we're trying to certify with this. >> And we've had a few people come in and inquire what they could have allowed there and we told them we didn't know what they could do until it was actually delineated. >> So, we would have to go through this

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process and then you know have a soil scientist >> I don't I don't I don't have to see it. I don't know if anybody else needs to go out there. >> Ryan certified this? >> Yes. Yeah. This is he these are his flags he put out. Yeah. We we located it all. Ryan just had himself a little baby girl. >> Aw.

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Good for him. That's great. >> He's on paternity leave apparently. A baby girl. >> Well, Muhammad, do you believe we need a site visit? >> It was worth >> Do you believe we need a site visit? >> We have two that say they >> Oh, it's worthwhile.

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It's worthwhile. >> Are there any questions in your mind that that might not be the >> But if it's not on the if it's not within their I mean, where's the stream in relation to this plan? >> I think it just goes under the culvert. >> Yeah. It just goes right under it.

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>> Yeah. The the stream's not on this property. It's it's passes through. >> Is it right on the property line? >> Basically. >> It's buffer. >> Right here? >> Yeah. This is the stream between that line and that line. Right in the center. Dead center. Yeah. Cuz this is Fancy Bagels property line right there. Okay.

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And this is this property line. >> Right. >> Stream's right in the center. >> Yeah. >> So, you're outside of it. >> Yeah. >> Yeah. Like you said. Yeah. >> Okay. >> So, for the delineation of the wetlands, do you want to do you believe that you want a site visit?

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We have two that say snow needed. Well, if Ryan did it, you know, he's usually pretty accurate. >> Yeah, but except for you guys. I mean, if you want to go look at it just to be safe. >> I don't have to look at it. I'm pretty confident that the [clears throat]

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>> It's not an unfamiliar thing. It's got a lot of history. >> But that's actually what we kind of know already. And they're definitely outside of that. >> Yeah. >> So >> Okay. >> I think it's okay. >> Probably okay. >> Yeah. >> If they were in it, it'd be different. >> Motion to close the hearing if you want. >> Yeah. Yeah.

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Any other further questions or discussions before we close the hearing? >> All right. >> Motion to close the hearing. >> I'll make a motion to close the hearing. >> And I second. >> Second. >> Roll call vote. >> Norman, I. >> Dennis, I.

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>> Norman, I. Jerry, I. >> Unanimous vote to close the hearing. And I'll take a motion on the NRED. >> We're making a negative determination for the NRED. Is that how you do that? >> The motion would be to find it positive.

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Right? To the NRED. >> Um I'm not sure. >> I want to get the I want to get the nomenclature >> accurately. Approve this uh presented. We just did an NRED not long ago, didn't we? >> Well, that's just a motion. >> I don't believe we treated it as an RDA.

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>> No. >> Okay. >> I think it's >> So, we're closing the delineation as as >> I make a motion to approve the NRED as presented. >> Okay. Dennis made that motion. >> Second. >> Jerry made the second. Roll call vote. >> Norman, I. >> Dennis, I.

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>> Norman, I. Jerry, I. >> Unanimous vote to approve the NRED as presented. >> Thank you very much. >> Thanks, guys. >> All right. Thank you guys for your time. >> Thank you. >> Thank you. >> Okay, next item under new business is cancellation to review and approve

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the enforcement order for 201 Granville Road, which is in your packet. So, please pull that out for the meeting. And you will hold votes. >> So, if you did the a formal one for Oh, yeah, she's got it right in here, too. >> Good afternoon, everybody. >> Good afternoon. Thank you.

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>> Give them until November 30th. >> Yeah. >> This is the one we went to see. >> That's correct. >> Right. With the mounds of dirt and all that. >> Yep. The first The first mound has already been removed. >> Hm? >> The first big mound has already been

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removed. >> Oh, okay, good. >> That was removed for the for the last meeting. >> Yeah. >> You'll need more detail later on. >> Yeah. Yeah. >> It looks good to me. Did any of you guys go out there and and see this? >> Recently, no. Just for that initial

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>> Originally, yeah. Yeah, we did. >> It's we did. >> And this little swamp. >> Yeah. That one was was was a mud ball. I don't think I've been on that. I went up the woods on the ATVs. >> Okay. >> That was uh Wilma Street or Wilma's. >> Okay.

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>> Yeah. It was You were with Andy and Sabrina. >> And Sabrina, yeah. So, the it was decided that they can't they couldn't do what they wanted to do out there, so it has to be restored cuz originally they wanted to

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do some work that they're going to submit. >> Right. >> Something, but the what they wanted to do wouldn't be allowed, so they have to restore it to >> Yeah. >> natural. >> Yeah. >> That's the way I read it, just a restoration situation. >> Yeah.

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>> And they have till November Yeah, to do it. >> Mark it down to do it. That was required. >> And plenty of time, so >> Is that November to come up with a plan or November to do the work? >> It's uh completed by >> Work should be completed. So, when is

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the plan needed to be submitted by? I'll show you that. I'm the principal owner. >> It just says they have to submit >> I'll give them 30 days to submit a plan. >> I would do it a month earlier than the

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latest. You know? October. >> I mean, it give us some time to review the plan. >> Exactly. Right. We need to be able to do We had to. >> So I would think we want to submit a plan earlier than 30 days. >> You think 30 days is enough to give them

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to submit a plan or do you >> Well, 30 days to submit a proposal. >> 30 >> would be fine, I think. >> So let's do that. >> Okay. >> Stipulate If they need longer, they can come ask more, right? But >> Basically we'll amend this to allow

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I don't know to submit a plan to us within 30 days. >> This is the one >> No extension on >> 30 days of receipt of the enforcement order. >> Right. Any changes other changes you'd like to make to the enforcement order?

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Any non-objection >> So when they say two growing seasons down further down How does that work with the November 30 deadline? Well, if the plan >> Well, if the plan if the plants die within two growing seasons, they have to be replaced.

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>> So it's going to be next year before they get a certificate of compliance and release. So initial follow-up is November and then stability what wise is two growing >> before they get a Okay. Actually you don't get a certificate of

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compliance. You get a letter saying that it's been completed and taken care of, right? >> Mhm. >> [clears throat] >> Okay, get a motion to approve as amended. >> I'll make the motion to approve as amended. >> Mr. Hopper.

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>> Mr. Wright. >> I. >> Yeah, he he seconded, right? >> Yeah, yeah, yes he did, but usually >> Usually we battle it out. >> No, no, no, no. I figured that's yours. >> We're voting on the motion. >> All right. Mr. Wright. >> Dennis, I. >> Norman, I. >> Jerry, I. >> Unanimous vote to approve.

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the enforcement order as amended. >> I don't always have to second it now. I'm okay. >> I prefer, you know, that's all right. >> I mean we have the same situation. >> [laughter] >> I'm okay. I'll second >> You're quicker you're quicker than I am.

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>> They're calling them out in a second, you know. >> Okay, so now we're going to switch to old business. The first item is Rising Corner and the Linden Trail floating bridge. A minor update on that one.

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Sabrina did find the original sketch of the poles and posts. And and as what what we saw was exactly what the sketch was. >> Okay. >> So >> Yeah, no work has been done on it. >> Yeah.

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>> Okay, so some had the 1-in and 1 1 and 1/4-in stainless steel nozzle to the 2 and 1/2-in nozzle. >> The original one had the 2 and 1/2, yeah. >> Oh, yeah, that's what it is. They bolted theirs. >> Well, we're going to do some research on that to find out where we could get more of those poles. >> Yeah.

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And that's still working. >> And I think Sabrina's been in touch with Dick Benoit, that is his name. >> Uh I don't know if she's made contact with him yet or not. >> Well, she through his daughter, I think she's he's made contact through >> Well, she was um

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Well, she's the daughter, right? >> Mhm. >> Oh, thanks. All right. >> So, we'll just pick that up there. Discussion on 159 Berkshire Ave. I don't have a presentation tonight. >> Okay.

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>> And can you share your screen? >> So, you hover over that. It's the share button right there. And then, yeah. >> Okay. Let's take a walk. There was a

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I'm sure We're good. There was a site visit on Friday. Sabrina could not attend cuz she was on vacation, but I went to represent conservation. Okay. Took a lot of photos and I have a photo

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>> site visit >> Mhm. >> for you. [clears throat] >> Mhm. >> Okay, so we had in attendance We had John Goddard, Rich Borzak, Alvin Allen from the planning board,

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Joe Meswar, building inspector, myself, the owner Joe Bolgerali, and his engineer, Derek Hill. And Joe joined us for the first part of the meeting, but we went down into the bowl. He did not go cuz he's not very mobile right

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now. Okay. So, just for point of reference, when you're on the property and you're looking due east, you're looking towards Congamond Lake. >> Right. >> Due west is the bike trail. Due north is the owner's home and due south is the tobacco field.

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Okay. >> Right. >> So, that's to get you coordinated. >> Mhm. >> All right, here's the first one. It's on the upper bowl looking east towards Congamond Lake. All right. Now, the bank that was carved out there is about an 8-ft bank.

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>> That's looking towards the rail trail? >> That's looking towards Congamond Lake. >> tobacco field. >> Looking east. Okay. >> Mhm. >> And I thought he had put down loam. This black material is not loam. It's like driveway material. I've

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forgotten what it was called. Crushed trap rock or something. Okay, and he said we thought that they was exporting sand. He says he imported sand. It's all sand on that bank. Yeah, they all know.

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And John Dotter did make the statement that the potential mining infraction would remain as an open issue after resolution of the dam. Okay. And he he supposedly put the sand in and the black material

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because it was getting too much erosion going down the bank into the into the bowl. Okay, just now we're just looking in the opposite direction. Now we're looking west. And this black material may cover about a quarter of a half an acre. So there's

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a lot of material in there right now. Looks nice and flat. Next photo photos from the top of the bowl looking southwest. The upper left here is an area of prior mining from prior years, not the recent

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one. Okay, and I I'll have another photo of that later. Also Also, you can see the area here above the bowl there's quite a bit of vegetation. And we're still on the top of the bowl looking west.

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And this line here is about where the drops off dramatically to go into the bowl. Okay, again lots of vegetation. Okay, now we're in the bowl. And we're looking west

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at the dried-up stream and the beginning of trap rock. Okay, so here is the stream, the dry stream. Okay. And now we'll look at the trap rock. Now I'm looking due south. And this trap rock section is about 30

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ft long. I would say close to 15 to 20 ft wide. And this will catch debris coming down stream. It will also slow the speed of the water on during a big storm. And now we're standing in the same place

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but turning looking to the east and took this photo. So we're looking towards the dam. You can see the end of the major trap rock and the wall. And note the level of vegetation. And this is further down.

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Coming back looking at this big area up here is the big trap rock that we just saw. So we're near the dam looking backwards. Okay, and you can see there's more trap rock here but it's a lot much less extensive. Again, plenty of vegetation in the bowl.

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Now we're in the bowl looking further east towards the dam. You can see the trap rock ends right here. And as you start to see less vegetation in the area of the shallow is part of the bowl where

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there's been substantial water in the past. There hasn't been a lot of vegetation growth. Now we're looking northeast up the hill. And you can see again lots of vegetation and not much in the bowl.

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Now we're doing looking at due east towards the dam. Again, you can see the vegetation on the sides, but not in the wall. Now we're looking at the dam itself up close. Dam is 25 to 30 ft high

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with lots of vegetation on it. Now we're at the bottom of the dam looking due west back towards the trap rock. Now we're on top of the dam looking due west. You can see it's quite a ways to the where the trap rock begins.

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And again, good vegetation around except in the where there was standing water. Now we're also on the dam now looking southwest and you can see the bigger photo of the previous mining operation that had taken place years ago.

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Now we're standing east of the dam looking up at the dam. Okay, great vegetation on this side. Okay, I was the only one that wanted to talk schedule. But I did force the issue. There currently is no schedule for

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completion of this project. The owner's consultant did agree that within 3 weeks he'll have that schedule. So by 7:03 we should have the schedule. There was a prior schedule, but it was it was supposed to be completed in

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November of '25. That obviously didn't happen. Thank you, Cliff. The consultant believes that 50% of the remaining schedule will be completed by September. He believes the entire project should be completed by November of '26.

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The plan for the dam. A large view will be cut into the middle of the dam. It will be about 30 ft wide at the top and about 12 ft wide at the bottom. There'll be layers of dense fabric followed by 9 to 18-in trap rock placed on the opening and up

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the sides. This section will be able to control most storms. That would be 1 in 2 2-year storms. Anything any 5-year 10-year storms will be using a spillway that I'm not sure how that's

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constructed at this point in time. That's the photo cycle there. >> Is there any talk about jurisdiction of Shuler is from conservation? >> The only topic The only thing new on that is uh LMC has been working with DPW or DEP

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and DEP is now taking a larger interest. There's a a new local person >> that's So, like trap rock is leading into the dam? >> Yes. >> It's not coming out of the dam, it's leading into it. >> It's leading into the dam. >> That's So, that would be a jurisdictional area where the trap rock

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is. >> Mhm. So, if the if the state DPW DEP DEP gets involved, will they get may get that jurisdictional answer? >> I mean, the trap rock didn't seem to do any good over on South Longyard Road

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where they were they were redoing the whole area. They had tons of it down there and it just kept getting dirt kept getting washed in it. >> I think the velocity of the water on South Longyard was greater than >> Was it Was it greater? Wasn't the pitch steeper?

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That would make a big difference, yeah. >> Yeah. I've been I've been kind of thinking of putting a timeline together because some new photos showed up that's that show in 1990s this bowl area was always full of water.

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>> Yeah. >> We thought it was a maybe a wetland. >> Yes. >> Originally it was. Yeah, it was >> It was always wet. And that was before the dam was put in. Now, at some point in time the culvert under Berkshire Avenue was blocked. And I was told

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that it may have been blocked for decades. No water was flowing through. >> Many years ago that >> And then the other event that took place and I don't know exactly when that was, but the the the country club put their retention pond in. >> That's right.

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>> And that changed the flow of water. >> the flow, too. Yeah. >> So, if that if that happened in the 2000s early 2000s >> Yeah. >> then it all makes sense to me that we had water in there. It couldn't come out cuz of cuz of culvert was was plugged. >> It was plugged. And

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>> Okay. And then they put [clears throat] the pond in, so we're getting a less water flow. >> Yeah. >> The dam was built near the The dam did fail once. >> Mhm. >> The lower dam that he had there and caused a little flushing of all that junk into into the retention pond of the town.

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>> The town's uh >> It was on Berkshire Avenue. So, it all might make sense, but I I'm having difficulty finding out when that retention pond went in. >> Mhm. But I think if you hadn't clarified the surface, it would have been with the

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vegetation and >> All of it would have been >> Absolutely. >> Not the all that erosion happening to >> It's >> Yeah, all that powder sand out there just >> But in the '90 photos had quite a few trees >> Yeah. >> in the bowl. So, it wasn't taking up all the water. So, the trees weren't taking up all the

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water. >> It sound like this was dumped on him. He did create Yeah, a big part of this problem. >> Is there any kind of statute of limitations on that? >> There is um >> I mean, it's since it happened almost 30 years ago.

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>> And and some of it happened before the Wetland Protection Act was even in place. So >> Okay. >> We can't go back in time like that. >> So that's an update on what happened at the site visit. Okay. >> But if we get that like you said get the

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DEP involved and find out the permitting for this type of project. >> Yeah. But [clears throat] the the the the the delay in the project did help vegetation growth. That's one of the positives. Is that

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we now have considerable vegetation and as long as when they bring the equipment in to do the dam work they don't destroy all that vegetation then it should be all right. >> Worse than >> Yeah. >> Is the vegetation um if invasive species at all or is it like native?

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>> Nothing that I Nothing that I recognize as invasive. >> Oh, okay. Cuz it doesn't matter if it's helping and it's probably still >> It wasn't confrontational everybody was Right. working together on this now. Fantastic. Thanks for going out there and knowing

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>> Yeah. It was worthwhile. You realize they had done that much track rock activity. >> It's just really made it pretty clear. >> Yeah. >> Good job. >> I've been asking for quite a while of

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what is going on out there now we know exactly >> see it. >> Thank you. >> Okay. >> It's been compacted and everything because it looked pretty flat. >> Yeah. >> Yeah. >> Yeah. Whatever they did they >> Yeah. >> They got some rollers in there and flattened it. >> So they're not mining there anymore or

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>> At the moment they're not doing any mining. >> Oh, okay. >> It's still it will be an open issue going forward. >> Mhm. Interesting. >> Okay. Discussion of the seasonal trash removal. Shabrina has found someone that's interested in doing that.

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In the meantime uh I didn't know Steve called and actually been doing it. I went out to do the road. You'd already been out there. >> I saw a Facebook that there was some kids out there doing a cleanup. >> I didn't see that. >> What he posted on there that there was

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some kids with trash bags and stuff cleaning up. Are they part of an organization or anything? >> North Pond? >> Yeah. >> Oh, North Pond. >> North Pond, yeah. >> Okay. >> Well, that's good. >> It was on Facebook and uh somebody was just saying, you know, good

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for them getting out there. They want to do a community cleanup, so that's fantastic. >> Nice. >> Okay, nothing on uh table item from the Wetland Bylaw men- amendment. The last last two meetings for the

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Conservation Commission in Southwick have been canceled, so I don't have an update there. But I do have something new that happened this afternoon. I have another thing to share. I went to I was in Agawam

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way back on 57 and I got a second. It's getting a little out of hand. >> Broken robot. I've never heard of it. >> Share, let's go back here. Not that one.

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Hang on. >> Okay. Not sure I know. >> Go back to the zoom on icon. Look, sorry, I can't quite reach the zoom icon. >> And then I'll do the share. >> Yep, but you have to actually click on

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it in order to Yeah, and then you do the share. >> I do here. >> Yep, that one. And then press share. Yeah. >> 157 Feeding Hills Road. I drove by there this afternoon on my way home.

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And I was a little disappointed to see activity. This slideshow. And again. The handicap ramps started to be assembled today. >> Mhm. It's twice as >> Is that the the Is this the tea house? >> Tea house, yeah.

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>> Is this the tea house? >> Huh? >> This is the one where Sabrina sent their engineer a request to modify their plan and bring that modification back to us before these ramps went in. And you can see

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the guy that's installing it is right here on his knees. So, >> we've been given any any kind of ADA directive to do this? >> Well, they had they had to do this in order to be able to use the gazebos. >> Okay.

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>> Okay, for So, this is this is gazebo one. And this is further up the chain. And up here we have this area here, as you can see how it's fastened. >> Mhm.

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>> Not very sturdily. And the last photo is they're going to bury each of the legs are going to be buried into the ground. >> Ooh, I-beams. >> Okay. So, knowing what torrential rain can do, >> Mhm.

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>> if a true flood happens, this one will be ripped right off and will be a torpedo for any place it wants to go because it's not properly fastened to the ground. >> Should be helical piers. It should be helicals.

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>> Mhm. >> And then there's a stream next to there, too, right? >> Yeah, it was flooding there. And the gazebos are on pillars. >> Sure. >> So, they're above the flood plane. >> Okay. >> But they were supposed to be on helical piers, but they couldn't get them, so we let them put them on um >> Yeah.

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>> the sonotubes, right? >> Yeah. Yeah. >> Concrete. >> So, my question is you want to take action on this or you just want to let let Sabrina do when she returns from vacation? >> You have a good point as to it being not

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really secure to the deck. It's doesn't look like it's held up by anything. >> It'd be the building inspector to look at the >> Yeah. >> fastening, but >> Yeah. >> as far as the flood plane, we need to have

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calculations and you know, whatever they're doing is going to bring it in if it's a Get to how much is going to be actually in the flood plane. And I mean, that's what this whole thing is about. >> Yeah. >> When do they plan on using these? Is this >> Well, I I don't know if they got all

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their permits or not. >> Mhm. >> This is I'm sorry. This is such a runaway train. They have no comment. This one is just >> And they're >> doing that to every one of the buildings? >> I assume so. We got to have the handicap

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ramp and where we open up and put restaurant. >> Sure. >> I mean, it was supposed to be gazebos if >> Yeah. >> Yeah. That's >> All bed and breakfast. >> I'm sure they must have gotten some kind of ADA >> Yeah, what they want.

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>> compliance and all that. They have to do that. >> That's why they're so huge on that. >> Well, I think that's >> beautiful layout. >> Yeah, the building inspector >> Building inspector is the ADA compliance officer of the town. So, you'd have to go over there, make sure that's the right angle. Right.

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And we should contact the >> The kind of falls on them. >> go and you tell him that we're part of this equation. >> As it would affect the wetlands. >> And the So, the safety aspect of it is Yeah. >> The building inspector

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is the ADA compliance officer of the town, right? >> And it's a floodplain part pulls on us as well. >> Right. So, it's not our purview, but because it affects some of our criteria >> wetlands. >> I would say >> So, if you want to wait for Sabrina or

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you want to get in touch with uh ask what the status is for the building department of the of the ramps. >> Do we know when she's back? Is she back tomorrow? >> Yes, she is. >> Okay. So, we'll have a discussion with Sabrina tomorrow and see you. >> Okay. We'll get an update on that one.

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>> And that is all that I have. Does anybody else have anything else? >> I'm glad I took Take the back way home. See that. >> I had a one question. Going back to the trash removal and conservation properties. >> Yes.

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>> So, now that I'm on the open space committees, both of them, I took a I live by I can I'm within walking distance for the South Pond entrance to the North Pond Conservation Area. So, the South area towards the

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apartments. >> Yes. >> So, I took a walk down there and there's a bunch of trees that fell over recently all over the path and it's being used There was actually a couple of joggers while we were in there. >> Yeah. >> And then [clears throat] we went up to the top part of it and um

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I know they did a controlled burn or something up there. It looked like they were doing training, but there was a whole area of burnt um areas, burnt land. Um is there any people responsible of maintaining these

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paths or do we maintain them yet? Um >> There First of all, there was two properties. >> Yeah. >> One is the conservation area which we tap control over. And the other one is the wildlife area that the state has. >> Okay.

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>> where the controlled burn was. >> Okay. So, both That's the wildlife area. >> Both have paths. >> Yeah. >> Some are legal, some are illegal. >> Okay. So, I'm not aware of Like there's no sign or >> There's also some of the paths go from one to the other.

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>> Okay. >> Some legal, some illegal, but >> So, some aren't clearly marked or anything cuz I wasn't sure exactly who I seen little circles with arrows and then I seen a a sign in the beginning of the path, you know, coming from Babs going in >> Yeah.

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>> to the back and then there was a sign there. And but as we got along there was not a lot of food. It was the conservation rules and laws. >> Yeah. The signs we put up last fall. >> Our signs. >> So, it's no no doing, you know, >> Yeah.

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>> ATVs or anything and things like that. >> are still there. That's good. >> Yeah, which is good. So, that's right there, right? You see it right away. >> Signs and bills that nobody reads. >> But like >> the areas that we're trying to get the entrances to stop the dirt bikes and stuff. >> Yeah, yeah. I know joggers are using it.

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I haven't seen any like wheels or anything going on. I didn't see anything, which is good. What's that? Oh, yeah. Oh, I'm sure that's a great path. >> We made Marty wait last time a long time. >> Oh, so >> [laughter] >> But I was just wondering like is that an

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open space thing that would be like maintaining like where the trees fell over in the path? >> It was a good thing for those trees falling over. >> Yeah, right, right. Exactly, true. And the jogger just jumped over it, so

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you know what I mean. >> So it might be a blessing in disguise. >> Yeah. Okay. >> Now what's happened before is the people that that had the dirt bikes would go out with chainsaws and take >> Oh, right. So they Okay. And so the markings where they

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have the trail markings with the arrows, is that us or is that something >> They're ours. >> Okay. >> But some of those are on the trail is temporarily closed. >> Okay, okay. Got it. Okay, okay. I'm just trying to figure out like

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which areas are you know, can it be used for recreation or no or if it's off limits, you know, cuz there's two there's many trails in there, you know, so I was just wondering that question with with that. >> Well, they all can be used for walking trails.

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>> Walking and jogging and things like that. Okay. Thank you. >> Great Nevin. Great drive, excuse me. I did send an email to John Daughterd about the DPW asking

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what he was going to do about the erosion problem and I have not had a response back. I know he was on vacation and just returned at time to do the site visit last Friday

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at 1:59, I'm pretty sure. But I will follow up with him again. >> My question is if we got to remove the sand from the beach >> Yeah. >> the swale and the sand are in three different areas, I don't know why we can't bring in the sand now. It doesn't

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have anything to do with the swale. >> That was your uh decision that I have to wait until the town fix the swale. >> They're not connected. They're two different areas. >> And you're not responsible for fixing the swale, so

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>> No, that's the That's our >> And you get Do you think you get a negative determination, which means that you can do it. >> Well, no, it said >> It's got a condition in there, but I don't know if that condition's enforceable. Being as that it's not your

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>> Given my blessing or what? >> Well, the swale area you were going to put sand or you were, but after the town did what they were going to do. >> Not going to >> Well, that's what the decision said that I can't do anything with the sand until the town was done with whatever it is they're going to do.

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>> You're not going to put it in the swale though, right? >> The The town controls the swale and its existence. So, do they want it filled in? Has that been discussed? >> I don't know. If If he gets constrained to the point where he can't do anything until the town does something, the

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summer's probably going to be over, so I don't think that's >> expect them to do anything this year anyway. >> Oh, you don't? >> I don't. >> But you want the sand this year, but you don't >> I want the sand, that's their control. >> But you don't want to have to wait another year for it. And I don't think that would be

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I don't think that would be I don't think that would be fair or just to to hold it against you guys because the town hasn't gotten off their ass and fixed it. I mean the thought thought is good, you know, and I think it's >> I think there was a little confusion

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about where the sand was going in the in the first time I came down because it's like two different things that sand are leaving, but they're not connected in any way. >> So, you got a negative determination. >> I bring in sand, yes. I didn't bring the copy with me, but I'm

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sure you got >> Yeah. We voted on it. And if anybody is going to be held responsible if something happens, it'll be the town. >> [clears throat] >> I would say I think we're saying you have permission.

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>> I I want to spirit this out. >> I'm just I'm saying you have a negative determination. A negative determination Go ahead. >> Yeah. >> You We appreciate your diligence and you have a negative determination, so

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it means that you don't have to file any more paperwork. >> Okay, so we'll be bringing sand then. >> I like I say, if something happens, it's not a physical problem. I think it'll back on the town. But yeah, we gave you the determination

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you're going to bring the sand in, yeah. >> That was the stipulation. >> Negative, yeah. >> DPW has to do the work first. >> Right. Well, they have to, yeah. >> So, that DPW is off the board then. >> We don't have any control over the DPW. >> don't. Don't. >> And if you have to wait another year to bring the sand in, then that's going to

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That's going to be a undue hardship on the people who live there, so. Okay. Yes. >> Carolyn's going to want it in some kind of writing. >> [clears throat] >> So, she's got it in writing already. You

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got the negative determination. That's all you need. It's right there. Yeah, we can write all the conditions that we want on there, but as far as being enforceable, it's not an order of conditions where actually we would have >> W we won't know until the next meeting

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when everybody's back from vacation what they're going to do or that ever happened. >> I'll reach out to John again tomorrow. >> Yeah. I know somebody went went down there and looked at something. I wish I knew when they were coming. I would have pointed out to what was >> I told them I would I'd be glad to be

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there, too, and they didn't contact me, either. >> Yeah, and we both live equal distances away, so The problem is the swale just ends about 3/4 of the way down and it's just grass, and it the water goes wherever it feels like, and there's no definite swale as a

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water. And whoever told them they didn't know the water well. >> Awesome. >> Okay. >> Okay. >> Stands on the way. >> He said we put it there as well, so do the best you can with what you have, right?

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>> Anybody got anything else to bring up? >> I got a motion. >> Move to adjourn. >> Second. >> We'll call the vote. All in favor, say "Aye." >> All in favor, say "Aye." >> All in favor, >> All in favor, >> The vote is voted to conclude the meeting at 7:48 p.m.