Welcome to the conservation committee meeting from uh March 17th. This meeting is being recorded. Please stand and salute the flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> All right, Jason. All right. First airing tonight is going to be Harold Trip Jr. 395 Main Road. Repair septic system in the buffer zone.
>> B, you got a front row parking spot up there, huh? >> Yeah. >> I'm gl Yes, sir. >> I think your applicant is, too. >> Oh, he certainly is. >> Yep. Uh Landfire Westport design here
for Harold Trip Jr. 305 B Road to Septicist repair shoulders on the plan 100 through 106. So it's a horseshoe. The house sits on the N. Everything drops off on three
sides even down to the street. The subject history was put in 1976. It's in failure. So, we're going to install this new system which is 18 by 42 located here. The closest point to wetlands is
50 55 ft from the west to the septic and 66 here and it's about almost 90 ft going this way. The silk fence, the 50ft buffers are what I've shown in yellow and I've got silk fence and a horseshoe
shape all around it. So, that's pretty much it. There's not much change in grade. It's just as good. The water's fingway decent 16 in. So that's pretty much it. >> Thank you, sir. >> Mr. Chairman, members, Harold trip 305
Main Road. This a request for termination of applicability filed by Westport Environmental Design. Report date is March 11th, 2026. This is board of health approved project. Site visit was also on March 11th. Description of the work the
applicant has filed to repair the existing septic system for the property. The wetland area has been delineated with wetland flags 100 through 106. The flags were walked and determined to be accurately represented for this wetland edge. The work will be within the rear
lawn with a new leeching field proposed 55 ft from that wetland. The septic tank will remain and new connections installed to the new system. Erosion controls will be installed around the limits of work as Mr. part of um verified.
Uh this is just a buffer zone activity. Recommendations for the board. The Westport Conservation Commission should approve the proposed SO uh sewage disposal system with a negative box 3 determination. >> Thank you, Chris. >> Health approved that?
>> Yes, they have contingent on us. >> No questions. >> The motion motion to approve of the negative box three determination. >> Second. >> All in favor? opposed. All right, that was Jake and Jason. >> Thank you, Larry.
>> Thank you. >> Next hearing is uh let's see. Derek Ogles, RDA 231B, Tickle Road. Place two retaining walls with grading and buffer zone to south pond. >> I have to remember it. just state your name for the record and
we'll go from there. >> You can sit down. >> Mr. Chairman, um Derek Ogles had conducted some activity after some complaints were received. Uh he cooperated and came into the office and
he has filed uh basically for a property that had a tight tank in previously approved. So this plan was utilized to represent that. This is the actual tight tank. It's a very small lot. This is the 100 foot setback right here. So the
entire site is within 100 ft to south of Tupper Pond. Uh the applicant uh cut a few trees along this boundary area. Um, and then installed this small retaining wall approximately 3 ft from each property line on either side of the
property with some uh landscaping and grading in between to level this kind of off so it's not all sloped down to the pond and his grading doesn't go down to the property lines. This wall is used to contain that. He's currently undergoing house construction which is not relevant
to us. Um but again this is the activity basically um which was commenced in this portion towards the water. Um again Derek Ogles 231B Tickle Road. This a request for determination of applicability. The report is dated March
11th 2026. Site visit was also on March 11th. The owner has constructed retaining walls and removed dead trees this summer with no prior approvals. After recent neighbor concerns, he was contacted and has complied with the request to file. The request for determination has been
filed for tree removed and retaining walls along the side property and grading. Also, the work was within 100 ft to Southwood Tupper Pond. The work was to re uh level the rear lawn and allow use uh for the very small lot. The recent septic system upgrade was
installed prior to this new owner. He bought it from that owner. all disturbed areas are in the process of being seated. Uh he's got spring seating coming up. Uh and this approval uh will bring the site into compliance. So I recommend to the board tonight is the
Westport Conservation should approve the after the fact activities with a negative box 3 determination for 231B Tickle Road. >> All the work done meets the wetland protection act. >> Yes. Did do we do an enforcement order on
that or just reach out? >> No, this was kind of a neighbor concerned. I kind of went directly to the owner to have him and no enforcement was needed because he came he came in right away once he received the letter. >> Okay. >> All right. Any other comments,
questions? >> I would just say just try to let your neighbors know that it's just easier to >> I haven't just to go through informed them about all the construction. >> Yeah. Okay. >> They may want to ask, Mr. Chairman, they may have question.
>> Do you have a question? I'm sorry, ma'am. Do you have a question? >> If you do, you come up here with the microphone and just state your name and feel free to ask a question. >> I'm Patricia Lehei. I'm the the butter. Um, the retaining wall goes all the way
down past the hot water high water mark. of the property and is blocking my access to I have a rightaway there in my deed and leaving me three feet. I've lived there for 20 years to be able to get
into the water. And according when I researched there's a Massachusetts law 91 section 19, you shouldn't be putting anything past the high watermark. and he did a lot of digging. The wall looks
like it goes right. I can't even go down there because it's full of mud down there. But um like what what's the solution to this? And he he removed all trees, excavated, and you're giving him
now instead of a notice of intent after he did all the work, he took all trees out. I have pictures. I have videos. like that the place is is horrible now. I can't even I can't I I've been lived
there for 20 years. I don't even have access to the waterfront and I do have a right away in my deed and there the the after the high water mark is all where I can't bring how can
I with a canoe anything I used to do I can't go sit down there. He removed, like I said, all the trees, all the trees on this side. And as I said, I I provided move, you know, videos of it. He he took
how much soil he offsite dump trucks worth. I have video of that. And he did it all without getting a notice of intent to figure out if he could do it or not.
>> Correct. Correct. And also and the departments need to talk because the building inspector, they have a stop work order on him, too. He put additions on his house. He put in his permit that he was just
siding it and a few things. He didn't get a variance. He put an addition, two additions. He put bumped the house out. It's right next to my house. You need a variance. There's a stop work order from the building department.
>> We we can't address that. But we you know saying that it's not as simple as that. Why isn't it a a notice of intent after why is it just this simple? Yes, you can do it. >> Well, even if he filed a notice of
intent, if the work complies with the Wetlands Protection Act, then he would still be labeled to do You go down there and see it's past the watermark. >> I I Chris Chris the agent went down there. >> Did you see the the high water mark? >> This I don't know how you referred the
mean high water yet. There's >> there's boundaries that are high water marks down there. >> Mean high water on the pond is regulated by seasonal. It's not >> well according to the >> I know you're referring you're referring to chapter 91 regulations. Government
activities beyond mean high water. Any work up to that point is regulated by the wetlands. Both of regulated by the wetlands regulations, but 91 happens to be activities in the water, not above the water. So any work above the water
is considered a 100t buffer zone, which is what the work did. And the entire site obviously is within 100 ft. So I don't feel the work that or a notice of intent would change anything that we're voting this evening. A notice of intent is just additional pages. But I just
want to bring up the fact also that because of all the heavy equipment, water is running down. There was never a slope that deep the way it's going and it's going right down into >> Mr. Underneath understands he has to stabilize the site and that's why he's here tonight. He needs to stabilize. He
needs to get it seated. Again, there was no erosion controls put in place at the time. So, I truly understand your concerns. As far as the access, that's a civil issue that >> Yeah. And I have an attorney for that. That has nothing to do with us. So he has provided you ability to get to the
water. He doesn't have to allow you to get in the water. It's to get to the water. So however you get down to the water is is not relative, I think, to the access allowance, but I I'm not I don't know the legal language within your deed. I know you've lived there for
many years and um I know Mr. Ogles was familiar with the previous owner. So, um I don't >> I just don't understand why he he didn't go the proper way about it >> that some people do that, ma'am. And that's why >> and it's okay. >> Well, there's not we can't find people
in our community. We don't have any bylaw that allows us to instill a fine on him. So, him complying and taking action to what we requested is is satisfactory. >> Okay. So basic so all what we could do is if he didn't comply with the wetlands protection act we could make him comply
with the wetlands protection act but we but we don't have a fine I mean you know since the work is already done you know if we you do more harm removing it as long as it meets well protection act than you do by leaving it and I know that's that's crappy I realize that
because I mean we all you should apply for your permits before you do the work I 100% agree with you >> okay >> but I mean there's there's once the work is done >> I just think follow the laws. >> I agree 100%. >> I agree. >> And and what Westport expect
>> Well, I believe he he will understandably know that now. So, um again, but we can't go back. >> Okay. >> So, are there erosion controls on there? >> Not at this time, but he will be when he goes to get in there and seed. Okay.
Please get silt sock is a simple >> mechanism. You can stake them in place and put them in places. So I pretty much long story short I trusted the masonry company. They had called and said that it was all set. They didn't need a permit for it. Then this happened. So I didn't check it myself. That's my fault.
But that's kind of why I didn't come forward first. They said they didn't need it for retaining walls and what did we get? So that's kind of where that stepped from. >> I I I also have one other point. >> He has all misrepresentations on his permit that the uh conservation
commission signed off on. He didn't have he didn't even have a a plot plan. Correct. He said he had 150 feet in the front. >> That that's pertaining to setbacks with the with the building department. >> I didn't know if it affected the
>> No, no, Ral. I mean, that's something Ralph should check when people put that in. >> I mean, that that is a surveyed plan there, Patty. So, that >> Yeah, I supplied that, but he on his application, >> he didn't put he lied. He lied. That is between him and the building inspector.
Correct. >> Yes. >> Where is the ement on that? I'm just looking. >> There is no easement shown. It's written in a deed. >> It is. Okay. >> Yeah. There's no physical. >> There's not. >> It's in all three deeds. There's a similar things. >> I have an attorney that's handling that. >> Yeah. I don't want We're not going to
fight about the deed. >> But I I just wanted to express my opinion. >> No, I I thank you. I'm sorry. I'm sorry what's happened to you. So, as part of the um condition, we should put erosion controls on there. When is the seating going to be done? Um,
>> as soon as the I told the Mason he has some stuff that he had to finish because obviously the weather kind of went too long. So, we couldn't finish it. He was supposed to come back already. I told him to hold off until I came to this meeting, not to do any work until then. So, I should be call He should be coming soon and then as soon as he's done, I'm
going to be putting the seed and I'm actually probably just going to put aside this way. It's done right away. That would be that'd be ideal. >> If you do saw it, then it's a little less limitation needing erosion control, per se. But if you do have some areas that are running off, which again, we've
had a rough winter. I it wouldn't hurt to just have a couple on the lower ends and stake them until everything. The weather's running down there's a big hill >> now where it sits, it doesn't make it to the to the water's edge. Before with the other hill that I kind of put down, it would when it would come down that hill
over there, >> right? And and again in the future if you have any questions just give us a call. We can guide you on what you may need. And again I signed your building permit because you weren't doing anything physically on the ground and now that may be changing. So you may
once you satisfy with the building department. I don't know if you got to come back to us with with that structure. >> I'll check in whatever changes. There's just on the building side of it. I know it's not for you guys. There's one thing that my contracted >> you did a little bump out the back side. That's the only thing that
>> question right now. >> Okay. >> We'll go in for a finding. >> All right. That's all I have, Mr. Chairman. >> All right. Does anyone else have any questions? I mean, I guess my only question is if this had gone the traditional route with a notice of intent,
if we had a set of plans presented to us that infringed upon someone's right of way or easement or whatever it is, I I just think that we would we would take that
into account or an engineer or, you know, whoever developed the plans would have prevented this from happening. So, I have I' I've been going to this property for 30 years. It's one of my best friends properties. Historically, if you actually pull up that on Zillow, you're going to see >> I'm looking at that map property.
>> If you actually just look up the address, you'll see it on it'll be on Zillow. Whatever. There was a tree line that she's actually talking about, which actually blocked her water access. >> I there was a path on the other side as their walking path. I ran that wall to where those trees were. So, I didn't invade. So if you actually look at it
now, one of the reason why I put the retaining wall there too is it keeps her path level to walk in to where if I would have done this without the retaining wall, it would have been the slope till which would have caused an issue on her 3 ft. So I kept that 3 ft in order for her to be able to walk down. That's kind of where I kept that.
That's the historical nature of the walking path. I had talked to the previous owners. That was the walking path. That was the way she was supposed to be behind those trees. If you actually look at it now, she has a cleaner path because the trees were all never taken care of and they were all leaned over into that walking path.
>> Yeah. I don't know how much, you know, easements and stuff like that become a legal issue. >> Just like that dock, the dock where everybody want and was on going through somebody's property and I don't think that's even been adjudicated. >> Yeah. No, I guess my my point is I I you know I wouldn't want to vote in favor of
something now that we maybe wouldn't have or or maybe we would have conditioned it differently had it gone the traditional route you know I mean might it behoove you guys to kind of put your heads together and just figure out okay can can you move on something a little bit you know >> this was a neighbor issue before I
>> I tried to give everybody heads up exactly what I was doing >> uh I tried to be more than fear. I kept it I made it to be honest with you in spots it's larger than what it was. >> So you think the seed is going to be done by April 1st on the side?
>> If I can get these contractors rolling as soon as they get as soon as he gets in. He would call me last week. I told him to hold off. Uh he says he's supposed to be there. As soon as that back fills it I'm order. >> Well I think I think you ought to put some just some erosion controls for now.
Chris, if it's going to be two to three weeks. >> Yep. Yep. You should go visit and make sure you put >> You can get it at Windwater right on Route Six. It's It's the silt sock the 4 in. You can buy, you know, >> I'll put it all along the water there >> and and you get little three-foot stakes and you stake it in place.
>> Yeah, I had it. I had some before. I'll put I'll put them all back. >> All right. >> All right. Any else have any questions? Anybody have a motion? I'll make a motion. There you go. Um motion to approve the after the fact activities of the negative box 3 with
erosion controls to be inspected by the agent. >> Second. >> All in favor? >> Opposed. >> All right, that's unanimous. >> Just give me a call the office when they're in. All right. >> Thank you. Thank you for coming. William and Marian Tabola, notice of
intent 162 East Petty Lane, proposed fixed pier gang way float in the Westport River, East Branch here. >> Wow, man. >> Thank you. >> It goes in
your packet, sir. >> How you doing? >> Good. Good. >> Um, good evening, uh, Mr. Chair and members of the commission. Uh, for the record, my name is Peter Cruz, the president of uh, CAB Engineering Solutions located at 25 uh, Elm Street,
Sweet 202, New Befford, Mass. Uh with me uh this evening is Craig Marshall who assisted in preparing the uh plan and the notice of intent for tonight's meeting. Uh I'm here uh tonight representing uh William and Maryanne Tabola, the owners of a single family
home located at uh 162 Petty Lane on the east branch of the Westport River. The the uh project proposes uh the construction of a eight uh 4 foot wide 85 ft fixed pier uh with a 20ft gang way
leading to a 10tx 20 foot float. Uh the float will include uh float stops and reflective tape on the three sides facing the seawward side. Um uh the waterway license plan is dated
February 10th uh 2026 and consists of four sheets. Uh the current plan displayed is sheet one uh which I've marked up clearly to illustrate the limits of the proposed work. Um along the shoreline there's an existing stone
vermet, a stone groin and uh stone steps uh providing access to the water. Uh the proposed pri will extend over the vermet uh with a deck elevation of eight uh which provides the required clearance
within the in inner title zone to allow the lateral public access that's needed. Uh from there the pier tapers down at a 40 to1 slope to the landing uh by a 2ft by two uh with a 2tx 8 ft
bench at an elevation of 6.5. The uh the location of the proposed float uh the water depth is approximately 2 feet at the mean low water. Uh the float will be supported by four piles uh and equipped with float
stops to maintain the minimum clearance of 30 in above the substrate uh which is in accordance with the division of marine fishery guidelines. I'll just point to the plan. Um
here we uh I highlighted the property line uh in yellow. We have the mean high water along the edge. Here in blue we have the um the proposed pier here in brown and then the mean low out here in
a dash dotted blue. We got the gang way and then the uh the flow out in the um the the proposed dock is uh set 5 ft off the um the uh property line. Um
uh the proposed bearer is located within the uh 5T southernly property line uh which is less than uh the mass DP preferred offset of 25. Uh however uh mass DP allows the reduction setback
with written approval from the abuing property owner. Uh we we have obtained the approval from the southern uh butter uh who is Milford uh Milford Farm Trust. Uh the letter was handed out to the chairman and that was dated February
17th, 2027. And it was also provided as part of the notice of intent. Um an eelgrass survey was conducted for the project by a wetland consultant Dave Pashette on October 5th. Uh the report shows that no
eer eel grass was observed within the project limits. His his report was also handed to the commission and was dated October 21st, 2025. We have also received a letter from Amanda Davis who is uh the environmental
analyst for the division of marine fishery dated uh March 10th, 2026. Uh based on my understanding and the comments provided are favorable to the project and for the record the mass DP file number for the project is SE
080-2829. Um and that concludes my presentation. If you have any questions for Karai u answer anything you have read Chris's report if we have any questions we'll let you know. Thank you. >> Thank you >> Mr. Chairman. Members William and Maryanne Tabola 162E Petty Lane. This is
a notice of intent application filed by CAB engineering. Um, report date is March 11th, 2026. The file number for this NOI is SE802829. We have received DMF comments. Uh,
they're in the packet. Uh, description of the work. The owner is filed to construct a fixed pier gang and float on the east branch of the river at Petty Lane. sight slopes down to the water with an existing seaw wall that exists along the shore. The fixed pier will be
4 feet by 85 feet long. Gang way will be 3 feet by 20 ft and at the end will be a 10x 20 float. The eelgrass report has been provided with none found within this area or within 100 ft from the proposed pier and existing groin along
the south property line will remain and will be part of the license approvals. Float stops will be installed to maintain the 30in separation as required from the bottom. Uh again, mass DMF comments uh provided in the packet with
nothing uh extraordinary that the usual comments that they provide. Plans are designed in accordance with the conservation commission's dock policy. Uh resource areas that are impacted with this application of flood zone, buffer zone, land containing shellfish and
riverfront. Uh recommendations for the board. The Westport Conservation should approve the proposed dock at 162E Petty Lane for William Tbola with standard dock conditions. Thank you.
>> I I I know there was a Neoress was there a shellfish survey done. Do they do that? >> I have not given this but there are peers within the vicinity. So, I would just recommend that we have um the reflective tape put on all three
sides of the float, Mr. Chairman, cuz this doesn't extend any further than the neighbors does. >> My next Sorry, that was my next question. That's the same length basically as the neighboring docks. >> Yes. >> So, nothing extends further. So, I don't feel that there's any dramatic need for
the marine services on this particular one. And standard comments are usually that um the um seawword sides have visible markings with tape or reflective materials. >> It's one of our standard policies. Don't we have usually have them remove the
shellfish from where they're going to be putting the pilings in? No, >> we don't do that. >> No, I thought we did. But okay. >> All right. Any questions? >> I would just I mean that's going to be the first dock and you know the channel is on each side of the shore and I would just >> put a lot of tape. >> Put a lot of tape Okay.
>> Yeah, that's going to be, you know, especially at night, there's not a lot of artificial light coming down that way. You can't really see it. I see. I know. I mean, the channel runs right along right there. >> Okay. >> Any B, you have any questions? >> All right. I'll have take a motion.
>> Oh, did you have a comment, ma'am? I'm sorry. >> I Okay, >> I'll take a motion then. >> Uh, make a motion. speech. Bert Bert seconded it. So, >> all right, Bert was second. All those in favor opposed. All right, that's unanimously on. That was Jake and Bert. Thank you, gentlemen. >> Thank you so much.
>> Thank you guys. >> Do a speech. Do a speech. >> All right. We have a um certificate of compliance. I mean, I'm sorry, extension for the West part yach club 193 train web lane SC82687. I think we're going to see if we can do an extension on this because I'm a
member of the Yach Club. Probably should have vote on it. >> Yeah, I don't find that it would be a problem, Mr. Jim. This doesn't >> It's already approved anyway. That's what I was saying. >> It already has prior approval. You're just allowing that continuation. >> Well, that's a Westport Yach Club 193
Cherry and Web Lane. This is an extension request for file number SE2687. Uh this filing uh was submitted to request a three-year extension to the order of conditions to add beach nourishment to the waterfront area at the yacht club. The sand must be
combatible under the wetlands protection act um which they're fully aware and any work takes place all work again takes place above mean high water. This is just to supplement the play area mostly that the kids and uh family members may
be uh hanging out on um at their limited use. It's really not a giant used area. It's >> like a baby beach. >> Exactly. So, the Westport Conservation should approve the request for a three-year extension to file number SE802687
for three years. Mr. Chairman, >> Mr. Chairman, quick question. When where do they access that type of >> From inside? No, I mean where they buy that who's creating that or bringing that in because you said it has to be matching, right? It's obviously going to be >> Well, yeah, they they usually get a call from either Jack Wilkinson or whoever
brings it in and >> but they have access to that. >> Madiraa sand and gravel usually has a fairly coarse sand that matches that matches. >> Yeah, we try not to get a sugar sand. It's more of a coarser sand >> than uh the fine fine sand that tends to
be much more well it's also it'll get in those column and silt everybody else's problems in so we try to use a coarser material >> is it similar sand that's on the other side on the ocean side or no >> pretty much similar I don't think we can get 100% match but it's close
>> that's more edification >> well they dig up the piping clover nests and they move the nest out of the way and then they take the sand and they bring the sand up. >> We can take it from horse neck. The the dunes are going to take down. >> The dunes are going to take down >> to put a road into nowhere. >> That'd be that'd be a good get it from the parking lot at Horseneck. That's the
sand. >> All right. Any other questions? If not, >> make a motion to selling it. >> Make a motion to approve the three-year extension. >> Second. >> All in favor? >> Oppos? Sometimes the commentary at this table's a little rough. Please resign.
Yeah, >> this is a reissuance of a um previously issued certificate of compliance. Mr. Chairman, we inadvertently didn't checks the check the box. It said this is complete. So, all you're doing is reissuing this for the purpose of
administrative reasons. This is uh State Road Auto Sales. It's an old order conditions. Um again, he was trying to clear the property and found this was not properly uh taken care of and recorded. >> All right. To make a motion.
>> I would make a motion, sir. Record. >> Take make a motion to uh reissue >> State Road Auto Sales 327 Main Road. >> Uh State Road 327 State Road. >> Yeah. SE81492. >> Motion to approve. Second. >> All in favor?
>> All right. Next we have uh cell phone bill for six months for the agent $360. Need a motion to approve. >> Motion to approve. >> Second.
>> All in favor? Opposed? >> All right. That's unanimously. Next we have W. Mason office supplies $25.39. Need a motion to approve. Mot. >> All in favor? Opposed? That's unanimously owned. >> Lastly, we have minutes. Let's see.
Myself, Jason, Phil, Jake. Yeah, we can do it. >> We can. >> Yeah. Myself, Jason, Jacob, Burton. We're here. So, there are no changes. Also, Phil was here, too. But >> Motion to bring the minutes.
>> Second. >> All in favor? Opposed. All right. That's unanimous. All right. That's all I have in my lovely sherbet color folder. Mr. Chairman, I want to bring to the attention that the Bisco property on
Main Road, they have scheduled a site visit for April 10th at 10:00. Uh if any members are interested, I'll mention at the next meeting, by the way. I mean, I know they have >> the Biscode public water supply. >> This is for the superseding. This is for
the pending super seeding order of conditions for the implementation of utilizing the pump station. Putting a pump station in and connecting not connecting to the wells satisfying the
replication in that realm. This isn't the to run the system yet. >> This is the original order. >> This is the original order that's been waiting two years to be seen. >> Bayfield and bus home. Correct. Right. >> Correct. Correct. And all parties are
currently aware of this scheduled >> and then after this assuming it passes, there will be the on file again for the um operation plan >> if that's if he moves forward with the project. Yes. >> All right. Anything else, sir? >> That's all I have.
>> How's the um like the trench work permitted because they'll have to get electricity down to the pump house. It >> they again we did not allow him to connect to the wells. He would have to file again to connect to the wells to put the infra to turn the wells on.
>> So the all the underground utilities that's a whole different permitting process. >> Yes. Yeah. And we're dying to get them to get the replication because for five six years now almost he's vaulted wetlands and never been replicated. So there is the question >> because of the appeal.
>> Because of the appeal. No, because he did the work and then that got appealed. He got that one and then he filed again and that so everything he's filed has gotten appealed. Yes. So >> he constantly but still he allowed himself time where he could have done
the replication. He moved the replication from one side of the property to the opposing side of the property to accommodate making it easier for access. I I guess you could say. The other thing I had today was a site visit at the Adamsville Dam with Brad
Chase from division uh marine fisheries or fish and wildlife rather. Um there's a an issue with the dam boards removed and the fish ladder was adequately lowered uh approximate height that he feels is satisfactory.
Uh some new boards have been installed uh with the owner's approvals. Um there is some concern from the fish commissioners as well as myself that we'd like to see it come up a little higher. Um so Brad Chase did mention
that he is uh also suggesting one more row of boards to come up and that would give this fish ladder which today uh the height of the water went up almost a foot after they put the boards up. um oh
I believe it was like.7 that it went up with the administering of the boards. The concern the homeowner has is he doesn't during the migration period of herring he has to close off the pentock um which is the race that goes down
through the mill. Uh he has to keep that closed. So at in the present time they put a piece of wood there with sandbags to stop the flow. But the whole reason the owner has, I believe, removed the boards this winter is because he doesn't want the water flowing through that
pentock at all anymore. So, that's something he's going to have to address. Um, I believe Brad has given him information on an inflatable bladder that you can blow up and put in that opening for temporary reasons and allow that flow not to go down in that area.
Um, but for the meantime, the fish ladder is ready to go. It's 3/4 full. Um so he felt that there is adequate water right now for them to um make their run. If that changes, he will be back within
less than a week or two weeks to try to get that secondary board put in where you feel that it would be perfect for what uh the herring will need. Um lastly to that there is a memorandum of understanding that are going is going to
be rewarded uh to include some more um language on the elevation specific to what he's made the changes to and also that the landowner has to understand cuz he was close to being fined by the state
because if that run goes dry during the herring season, he's obligated to make that work. and he wasn't cooperating to a point. So, um I wanted Brad to make sure he knew. So, this memorandum of understanding is going to be signed by
all parties and it will now be the official record of what he has to abide by. So, there won't be any questions. Um so, that's just information for the board. >> Does that board that's blocking and control the level of the pond itself? >> The dam closes I mean controls the level
of the pond. They used to have boards all the way up where they used to have a door that they opened. >> And who would open that? Who? >> The mill operator. >> So I don't understand. This new owner took it upon himself to dismantle the dam.
>> Okay. >> To better his winter without moisture in his building. I I don't know what it was, but >> So what's that level of that pond now? Is it >> Oh, it it's the rocks are totally covered. Oh, like with well Jack Wilkinson, fish
commissioner members drove by this morning and said, "Oh, they ain't do nothing." And he came back this afternoon and went, "Oh my god." So yeah, the pond considerably is full and much better in and >> what rocks exposed today by about that
much maybe. >> Yep. But now they're totally underwater. At 4:30 today, they were you couldn't see a rock. >> So um I think this is a step in the right direction. But um >> so if we're expecting to get like large amounts of rainfall, does someone
address that damage to release it to so it doesn't? >> Right now we've got adequate rainfall to allow the water level where it is. That's where we're questioning Brad if he's definitely going to need cuz as soon as this rain subsides that water level has to remain 3/4 full in the fish
ladder. And right now he's ju just at that. So, if we start losing because of the less rainfall, he's going to need to put a board in there. Uh, again, the the home the land owner is is >> liable to maintain this. That's part of the whole agreement.
>> He does not want to remove the dam. There was some concern that he but that's not his case. He he claims he wants to maintain the dam, but um so that that's a step in the right direction. And apparently the herring uh ran today in Mashby. So uh they are very
close to doing their thing. >> That's all I have. Mr. >> How much more um uh depth will it give you with one more board in the thing? >> He said it would probably almost engulf the whole fish ladder, which is highly better than having less water. So 3/4
full is the is the least you want. He said if the water's over it, he said that's even better because the fish still find their way in there. So, another board would give that I think just enough elevation to provide that. >> I think basically the board's like a 2x12, right?
>> They're 2 and 12 by 6 in. >> Okay. >> Yeah. So, they're white oak um you know, rough cut 6 in. >> Yes. So, you roughly would gain approximately that. Yes. Yeah. >> Yeah.
But didn't didn't the owner train that sort of out of spite because he wasn't getting permits for his coffee? >> I was told that may be the case or he was spiteful because of some things that he did within the business and that
adjoining um shack that he wants to use as a secondary sandwich location. Yes, I can't verify that, but uh that may be the case. But I didn't get to talk to the land owner, but I want to express to him by exposing all that shoreline in
the winter was not helping any of the amphibians that were wintering in that mud. He he may have or was affecting the the wildlife habitat in that pond as well as the other recreational uses people like is and that skating. Um so I
I think him realizing he needs to bring this level up is important for all uses of that area. I would just let him make him aware that he shouldn't co-mingle his issues. If he's got like a zoning or border health
issue, he can't drain the pond down. >> Yes. And he's like I said to you, he's obligated under this memorandum of understanding that he has to maintain that water level. >> So, was that not there before the memorandum of understanding? >> It was, but it was higher. So the
remember Jason mentioned at the last meeting the ladder came up on a steep angle the last stretch. So lowering that didn't really affect it actually bettered the the passage. So with us now bringing a level up to that point maybe not historically what it was
>> is still going to achieve >> all the things we need to allow passage of the heron. >> That's all Mr. Chairman. >> All right. Anything else? Second. >> All those in favor.