##VIDEO ID:OScZMwAsBIA## e e want to open the D Conservation Commission meeting this uh public meeting is opening at 7 pm at the Old Town Hall 1111 somerson Avenue this meeting is video and audio recorded for cable broadcast and Internet Posting on www.don uh- mass.gov and YouTube would everyone stand please 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 he our first item on the agenda is to uh re review discuss act on the minutes from June of this past of this year uh has everyone had a chance to review the minutes from June uh yes yes okay is there a motion than to accept the minutes from June so move is there a second second all in favor right okay uh July we will we will deal with that and at April uh minutes uh in um September oh you have a copy of the I think there's a copy of the July minutes uh Lisa wanted yeah I just I just got them yesterday okay that's fine no I thought there's a a typ i yeah there's a few things okay all right okay um next we have a resignation of an associate member uh uh Lenny Hull said please accept this notice as of uh August 8th 2024 I will be resigning my position as associate member of the dayon Conservation Commission for personal reasons uh is there a a motion to accept his resignation motion to accept resignation from lard H is there a second second all in favor I okay next we have uh a new member that makes a new member opening uh Abel Mariano is our uh associate member and uh um would someone like to make the motion to to uh add able as our full member to the commission Mr chairman I'd like to propose a motion that Abel Mariano be we request the board select appoint able Marano as a full voting member of the cation commission so move all in favor okay able with um officially uh when they approve you at the as a at the select meeting you will be full pledge member please retain your seat and gather all the information that you can congratulations I think you're gonna be okay uh next we have uh uh an in red application by Dean Smith of new Leaf energy uh LLC at0 mained Lane map one Lots 82 and 82-7 and 96 d file number 17476 uh continuance requested by Dean Smith to 530 s uh inspected with with Bader a new Leaf consultant occurred on 51 uh Bader will be in attendance to present this peer review report um the veral pool certification is in process by the consultant do we have uh that that was sorry that was for last meeting they were here um de Smith is running away he's here he's coming he said the traffic was terrific he's not yet correct motion to table yeah get all in favor okay next we have an abbreviated notice of a area resource delineation from car rebello Bells Farm State seeking confirmation of wetland resources at zero milk street map 17 Lots 109 135 and 208 file number uh 17- 489 uh site visit between applicant and Western Samson being conducted at 510 scope of peer review Services provided by Watson uh Weston and Samson uh for phase three uh monies received uh on 710 and proposal signed on 7 uh 10 the same day awaiting Weston and Samson's review we did Weston and Samson did review uh start reviewing it based on the next proposal um but um we need a continuance because that is not complete at this time I'm sorry what's not completed the review the fieldwork was worked on this week but um it wasn't able to be finished yeah okay uh so uh did did request it the W I mean did the applicant request or he was told on the phone that he's going to need a continuance I didn't know if he was gonna show up or not but I don't I don't think he's here call rebella okay is there a motion to continue motion to continue belf far estate to our next meeting on 19th September 19th so Mo all in favor to let's see that's 919 you said and point point of information Mr chairman I'm not playing with my phone I'm following along sobody aware okay next we have a hearing a notice of intent from h ammed haes of grasshopper Energy Zero Brook Street um file number 17- 492 and that has been unted to an uncertain date uh Lisa that is still continued okay a motion motion to continue till September 19th second all in favor well it was it was tabled I mean you know you don't right is there do we have a need to vote on that in the future until they take further action no okay um here we have an abbreviated notice of resource area Dylan the ation application from David E Butler seeking confirmation of wetland resources at 833 William Street map 8 lot 20 file number 17-4 99 Weston and Samson peerreview report issued on uh 8224 uh awaiting crimes response further review from Weston Samson will be required a new scope fee is there anyone from the applicant um Lisa okay so they're going to uh add money to the fees for an additional well um we are waiting for a response from them and at that point then we can provide the response to Weston and Samson and they can provide us with a proposal okay so the the response would be whether they want to continue well to once they respond to her comments okay they have to provide a revised narrative plan okay and when they do that then Weston and Samson will have more review okay thank you Mr chairman would you be willing to entertain a motion to allow Lisa to accept on the commission's behalf an updated scope of proposal in the meantime if it should come in before our next meeting uh yes I would so Mo thank you um okay second okay all in favor I okay is there a motion to continue motion to continue all in favor I okay abbreviated note um abbreviated notice of resource area delineation from Antonio Ela TNA realy trust seeking confirmation of wetland resources at zero William Street map 21 lot 20 plan prepared by riverhawk environmental uh D file number 7 -500 site visit conducted by Weston and Samson and peer review report issued uh 613 a phase B scope of services by Weston and Samson received and $1,920 received on uh 710 additional site visit conducted awaiting phase B Weston and Samson review Mr for the record my name is RW environmental um I'm just unfolding the revised plans here what's your last name um basically uh we came in front of the commission once before uh I believe we gave a brief presentation on the um anrad the properties located I apologize for not having an easel but it's on the um easterly side of William Street and there's um three areas of uh bordering vegetated Wetland delineated by the or four the a c b and uh D lines um and they kind of the uh the a series is on the uh Southwestern portion of the property it circles a Vernal pool um the Beast area is on the the um Eastern portion of the property and that also there's a Vernal pool present in that area and then there's a C Series that's present along uh William Street um that se series connects over there's we originally had that delineated as an isolated land subject to flooding um the consultant noted that there's a connection across the street to um uh through a culvert to to another Wetland system so we've now uh called that a bordering vegetated Wetland um the um when we did the original delineation um Weston and Samson had concern uh Flags A7 through a11 so they uh met LEC the people who delineated the uh the wetlands for us out at the site and they got um agreed upon location for flag A7 to A1 and we now show those on the plans as a7r through a1r so it just it bumped out a little a little further into the uh field that exists there um and that's that's um basically it West and Samson I believe was in agreement with the uh with the rest of the flag locations and um we are assuming the veral pools were inspected by Brad Holmes of um ECR um in I believe early April and and he saw signs that uh these were uh in fact uh probably vernal pools so we will treat them going forward with the per pering as as vernal pools L Could you um refresh me on the The Bu for pool uh there's 100 foot off of the main anual high water and then um which is part of the Vernal pool and then 100 feet off of that is the regulated buffer okay is that represented here on this plan um should be the well no there's they're not directly represented no but um so no um the other thing is we've been requiring certification of the veronal pools so I don't know if we could just do that in the sorry for what reason I'm my concern is we're going to want to proceed with permitting not going to be able to certify until next year okay well we could put it as a condition of the over yes yeah actually they need to be well that's it'ss that so say under local bylaw 100 and local that correct right and yeah if we're if we're otherwise in agreement on where all the resources are I mean I don't think we need to hold it up yeah yeah no no I know they confir the resource areation you have any questions or concerns otherwise cool um okay so uh Lisa what else are we looking forward on this um Megan I think they answered everything right yes there were just a couple more administrative things that maybe still need to be addressed from the first letter that we sent which is um there were two different numbers listed for the total L of BW on the for so just revising that I did submit revised forms maybe they didn't get in but I do apologize but they were they were submitted that's and then just submitting the BBW data forms back up again those we had LC go out there especially and redo those forms so those I believe they were sub yep I'll confirm that so con I I 100% have those because they made a special trip back out there too to okay yeah just so they're on the record for commission I agree with all the the Wetland location Flags it's more just um as as back up and then just making sure all of the buffer zones are on the plan but not like you guys are talking about that so okay yeah we're we're in agreement on all of the all the flags in the field and they adjusted that on the plan as well so we're looking for approval then of the uh delineations y yes rad so you're gonna vote to issue an oad um I think contingent upon um a revised plan with the buffers when do you think you could have that I will have it to you electronically tomorrow okay we're not open tomorrow but that's great okay okay okay so contingent upon the revised plan to include the buffer zones and the data ensuring the data forms were submitted okay so we're looking for an acceptance with the D uh actually I they might be the data forms may be in the file why don't I look too many files here I I can easily just make sure they get resubmitted tomorrow to liser if you want okay Mr propose a motion to accept the anrad uh subject to confirmation of the uh updated documentation and updated the plan to reflect the Prop z for the vertical is there a second okay is there a mo is there h a vote we get a we got a a motion and a second all in favor okay thank you very much appreciate your time thank you thank you next we have an abbreviated notice of resource area delineation from Tyler seeking confirmation of wetland resources at zero Oak Street map 6 lot 1913 and 14a file number 17-52 uh Weston and Samson peer review report receiv received on 711 awaiting runal pool certification and stream delineation is there someone here representing the applicant um no not at this time so um I believe Morin received a continuance for this one um let me just double check okay so we we uh will continue until September yes so we when waiting for the screen um stream and the stream to be delineated and the veral pool uh certifications now this this the stream is the one that you and I had talked about oh wait a minute I got oh no I'm sorry this is uh that's another zero address okay is is there a motion to continue motion to continue sep second all in favor hi okay notice of intent uh uh application from Lee cetti LBH Hunters Hill LLC to constructive Community Center along with Associated mailboxes parking pool and Sports Court along with Associated clearing and Grading at Hunters Hill map 21 lot 66a 7A 12 23 37-46 and map 22 Lots 5 and 6- 2 and map 23 Lot 8 a portion of the work Falls within jurisdictional Wetland resources file number 17-50 peer review is needed and Weston and Samson proposal was received on 717 um uh a fee of6 ,45 received and proposed and proposed executed on 7 uh 29 storm water material uh received phase B Westland Samson peer review contract requested additional funds of 47 $120 and received in proposed execution on work 86 um okay Lisa where is that now um we're waiting a schedule from Weston and Samson uh uh to review the the property and okay so uh Evan Watson requested a continuance okay is there a motion to continue so move is there a second all in favor Weston will have that for the next meeting in time for your review Weston and Samson's a busy group we're keeping them okay next we have a notice of intent from Robert and Carol uh nlet at zero Maple Swamp Road map one lot 98 to construct the proposed bond in yach area a portion of the work Falls within jurisdictional Wetland resources file number 17- 500 peer review is needed and Weston Samson proposal was received on July 1st in the amount of $6,100 monies receiv received and proposal executed on 723 site visit was conducted Weston and Samson is finalizing their report uh Lisa I have u a possible conflict here on um on Antonio Alo we got a file number of of 17500 and here we have um or did I read it s this is 509 I think because we had all those Hunters Hill ones in between I looked at that too you have 509 right9 the EP file number yes we do 509 okay I put it in the yeah respon okay right7 507 507 that's the one that says approve it I just just so you know I just handed them this just as a okay just so that they can have it to hand just to blow up the M yeah yeah okay I just wanted to good evening members of the commission I'm Brad Holmes with ECR I'm a professional Wetland scientist in massachus certified arist uh it's been a while since I've been in front of the board at a meeting um we filed a a notice of intent for zero Maple Swamp Road the applicant Bob noet is here with me this evening we tried to get we tried to get our ducks in a row before we open the presentation with the commission we uh we did file we did receive a d file number we had a chance to uh meet on site with Megan and W Wesson and Samson and do a a review of the site what I've given you is just uh something that hopefully is ease to review but the site in general is a a large 14 acre parcel of land on the north side of maple Swamp Road Mr noet lives adjacent to it uh to the east um there are several Wetland resource areas on the site there's a bordering vegetative Wetland an isolated vegetative Wetland we have 100 foot buffer zone we have Inland Bank to a perennial stream and we have a 200 foot Riverfront area uh although this site is a large site and contains many resource areas we've tried to avoid altering any resource areas with a proposed project so we crafted in a project as you'll see on sheet two which uh it's just a blow up of this proposed conditions plan so you can kind of take a look I gave a sheet one so you can kind of see a general layout of the the first half of the site the notice vent has full sight plans if if you want to look at that further but what we've done in the notice of intent is proposed uh two activities within the buffer zone to bordering to one to bordering vegetative Wetland one to an isolated vegetative Wetland what we're proposing is a a driveway off off the the road to a home in a yard which is outside the jurisdictional areas of the Conservation Commission but what is within jurisdiction is we're proposing a a a yard area to which would be associated with this house the yard area is outside the 50ft buffer zone you can see that here's the 100 foot buffer zone to the ivw uh here so it's approximately I think it's like 55 ft away what we're proposing to remove the vegetation in that portion of the buffer zone and create a yard not within the 25t no touch Zone not within the 50t no build Zone we are also proposing a barn to the uh east of this uh area the barn is located in the uh outer buffer zone of bordering vegetative Wetland uh it's outside the 50ft buffer zone outside the 25t no touch you can see what we're doing is putting an area of um limited disturbance it would be a walkout uh basement because it slopes there so we can use that topography and minimize the amount of filling there so we have work in the buffer zone to this boarding vegetative Wetland we're outside the riverfront we've made sure that we stay outside the 200t riverfront area you can see that purple line that comes through here here's the 200 foot Riverfront to the uh perennial stream here um as I mentioned we did get a chance to walk the site with Megan Kars Prof Wetland scientist and we did review the Wetland Flags the the stream location the isolated Wetland and other portions of the site to confirm what we have here in front of you we did get a peer review response we did get a peer review letter from Weston and Samson there were a dozen or so items U many of the items didn't need to be responded to but we did have five or six items to respond to which we get to the commission Monday morning I have three copies of that uh the plan didn't necessarily change want we to give that to these guys of you uh yeah they had electronic copies but um sometimes we we really like it like a week ahead you know just so you know sure and that that was my best for sending it yeah we got I know we all I know we get it we tried to get it to you as soon as we could we get it on Thursday um and we get the submitt back to you on on Monday morning the uh we can go through the the items of response if you like I think um I I don't I don't know if Megan has any comments towards those because we haven't gone back and forth on the response letter but in my opinion most of the items were um addressable and have been addressed Megan here to present today too just so everybody's aware I'm happy to walk through the remaining comments or yeah did you have a presentation I do have a presentation but okay yeah yeah you can I'll let stay up there I can skip a couple of these slides because you guys are aare of where the Project's located um um so these were a couple technical comments um after doing a quick look through your revised letter I think all three of these have been addressed which is just checking that the site is located within an orw a seed mix was provided um to the commission for their records and proof of a better mailing was also submitted um I know we mentioned this when we were in the field that the 200t river front area looked a little off I I did a couple spot calculations and it looks like it varies 200 to 210 ft um it's more just to make sure all your numbers are accurate on your forms so I know you're not doing any work in Riverfront area but if you plan to that might be something that you want to adjust okay um and just to add the 50 Foot no build Zone to the plans on the wetlands and we did that on the Revis plans okay great um and then we were in agreement of all of the Wetland lines when we met on site um there were a few bordering vegetated Wetlands one isolated Wetland um and a perennial stream and these are just some photos for the commission just to give you a sense this is the representative BBW this is the perennial stream right here and this is that isolated Wetland sea that's sort of in the the middle western portion of the the site um so I think there are a couple things maybe to discuss between us and the commission one of them is this um ditch that's located on on the plan here crossing the proposed Access Road um so there is um it appears to be a man-made ditch that sort of goes across the site um Brad can maybe give you some more information on um how that was constructed um under the wetlands protection act it would not be jurisdictional because it does not originate from a wetland and in the wetlands protection act that is a clause that it must um originate from a wetland to be a jurisdictional stream however under the dayon bylaw the bylaw does State any freshwater or coastal wetlands and lists all of these resource areas um so it's a little up to interpretation if that would fall um under be jurisdictional under the dayon Wetland bylaw and I've got just a couple photos of that ditch up here um this is sort of it begins back in here it's a little overgrown with sweet pepper bush it opens out here you can see it going underneath this little piece of wood that people use to walk across um and continues down this way into bbwa that large Wetland system and there is this bridge here Crossing it as well um I if you want to stop here and sure um this one before we get on if we can just separate thing so we don't go on the um wrong track sure before we get in my into this discussion and get into areas that are outside the jurisdiction of the what we filed um because we can go there and I I have a response for that but are there any other are there any other areas of the project within jurisdiction of the commission that you want to go over before we get into areas outside of jurisdiction that we get kind of wrapped around the axelon because I I'd want to just nail things that we submitted in the notice of antenna and I'll get into other areas if you like but I just I just don't want to go off on a on a tangent that's not part of what we filed the notice of intent I'm going to get into this and and and answer the question but I just be I don't want to spend a lot of time on this and then you forget about hey wait a minute I kind of had a question about the barn or or the yard area uh yeah so there's a few things in um that I have um in addition to the access road so um you don't show any Contours in like the northern part of the site where the isolated Wetland is that that area is generally flat we're not looking to all we're looking to do is a yard so it would be clearing the veget it's not a steep slope there so it would be to remove the vegetation grub it and then Loom and seat it okay well I I just wanted to the idea that it's not hydrologically connected that it's isolated I just wanted a little bit more information if you could provide that to us that it's not hydrologically connected because the BBW offsite is right there and then the River Front um so there was that and then the y hold on one sec so we can hit that yeah that if you go to the sheet um I don't have it in your handout but in the on your on your pages there the existing conditions sheet two that's a fully isolated Wetland system um it's not connected hydraulically if it were then it would be bordering vegetated Wetland um so we wrap that Wetland all the way around to confirm that it's isolated okay you didn't give me what you gave them let me see I don't have that on that cheet it's on the exist conditions cheet too that's C Ser what okay yeah so I guess the question is to me is um are you positive that it doesn't connect to the Aeries web land 100% and we're treating it as a vegetative Wetland under the bylaw we so it has all the protection that dayon affords to vegetated Wetlands so it doesn't matter to us if it's isolated or bordering we're treating it either way but it is a a it has a buffer and we're we're handling it 25 ft no touch 50t no bill you said your plans for the yard are really just just clearing and Grading no fill or anything like that it's generally flat we don't have to do much there correct did you say you added the OT no to this rised the revised plans that are submitted there that three package yes that has a 50 foot no no touch zones on the uh the site plans oh it does say 50 foot buffer but yep that's something that could be corrected you could we can certainly put buffer to no bill build I mean our intent is that we're outside of that with all with all work we're not even proposing any disturbance although you would allow up to 25 at your discretion we're not even going in to the 50 so yeah so let's talk about the ditch so obviously you need access just to confirm have we satisfied everything up up to the ditch discussion all the other aention pieces are we don't really like okay we can whatever Che sure whatever the commission's comfortable with we we would use I mean it like the toct it even though I will put it in order okay I the three copies had the's no lock of paper over here I know I hear you all right let me try to find it I only I only do have one paper plan of that for whatever reason [Music] lower right right if it's if it's otherwise exed protction I'm a little dubious about considering every Farmer's no I know I know this is Ditch so can you sure so I can get into the ditch I just didn't want to I didn't want to go there until you guys are trying to check one check boxes as we move through the application so this is a ditch that was created by Mr nette when he created the he built the property to the west of the accessway it's a hand dug ditch that he created so that it wouldn't it would it would help shed water off the abing property it ends at the end of the the backyard uh it you can see the cut it comes up um for this to be a jurisdic for for it to be a jurisdictional resource area such as a stream it would have to flow it would have to flow from a wetland resource area you'd have to have like a pond or vegetated Wetland above it so that it would once once you have a wetland upgradient and that Wetland flows to this ditch that ditch is a jurisdictional intermittent stream with banks because we don't have an upgrading Wetland resource area it's it's it's uh it ends in a and it's the backyard it's not a jurisdictional resource area so it's not a stream doesn't meet the definition of a stream and Megan um defined that in her peer review now we looked at the town of Dion Wetlands bylaw chairman she's she has something more to say about that part too okay let's just listen here then we'll uh okay yeah if I could just finish through so um it's not a jurisdictional resource area under the state and it's not a jurisdictional resource area under bylaw either your bylaw has definitions in there and it doesn't have a a different definition of stream and it also says in your bylaw if you if the definitions aren't in this section then refer to the state weapons protection act I have the bylaw here we can we can look at that but I did take this for the commission I'll pass around this is macc's kind of guidance that helps Commissioners understand you know scream because it can be confusing um basically i' highlighted the section that that helps where it's a section of a ditch that's upgradient of a wetland resource area is not a jurisdictional wetland it only becomes jurisdictional until it hits the Wetland or flows from the Wetland so if you look at this this stream here when this ditch hits that a series Wetland where it bulges out Bingo that's your that's your stream that's your jurisdictional stream and the rest of that stream is within the boarding vegetative Wetland it's a jurisdictional stream that portion of this the the ditch that's circled in red that's upgrading of the BBW is a ditch not a jurisdictional wetland resource area so is that confusing for the commission maybe because it's it's hard because you don't deal with that every day we're proposing a culvert under in the where we're going to cross with the gravel driveway Mr nolette created that if I Lisa if I can um just get the commission's attention I know but I don't I don't want to I don't want to leave somebody out here um Mr noet created that ditch he has no intention to block that ditch so um if there's additional discussion we can but as I said it's not a it's not it's not jurisdictional to the commission go ahead yeah so I'll um up on the screen is just part of the the D and Wetland bylaw um that I thought might apply to this project um it is and this I think is common in a lot of bylaws that I've seen the word any um at the beginning of what's jurisdictional which sort of encompasses anything that the commission wants to extend their jurisdiction over if it's listed um it is a little am ambiguous here and I think that's why it's a discussion to figure out if it's jurisdictional or not under the bylaw because as Brad said it is not jurisdictional under the Massachusetts rless protection act um yeah which is one of the reasons why I reached out to yesterday and had a conversation with them and I I spoke to d as well I think you may have spoken with Jackie about it Jackie was the the one that issued the file number uh Jackie is relatively new at D so she doesn't have the experience that that we all have um and my understanding is that they weren't commenting on on this as far as uh until it gets to a you know to a DP matter so yeah so what she did say was that um you know we can certainly require I'm just concerned about protecting the Dow gradient resources so if that ditch is carrying water it's caring flow down gradient which is into public drinking water supply zone right so it's feeding um how often do you uh think that it is uh I think it's probably intermittent but in any case I think that it needs something more than just let's put a Calver under there I I would like to see it meets some of the stream Crossing standards I don't know what Megan's thoughts are yeah I think it's worth looking into um if there are some Crossing standards that you can meet in this location it does look like it flows enough because there are a couple bridges over there um so the bridges are are you know down gradient of this location the is if you're looking at that top left photo that's the end of the ditch you can almost see the yard in the background so you're looking at a very small section of ditch before it hits the driveway location um we did put in our response letter that we're going to put an adequately sized culbert we're not looking to to block block the Flowage of water here as I said Mr no let dug this this ditch out himself it's a man-made ditch um can you can you elaborate on that and we actually we we actually put a uh I asked Mr noet for a uh statement it's included in the response package as an email and when was this a ditch Doug it's 2004 2005 if you look at I put an email you can read it in your packet save from Mr noet on that but I guess where where where I wanted to uh be cautious with the commission is we're calling it we're calling you're you're calling it or referencing it as a stream it's not it's not a jurisdictional resource area the jurisdictional resource areas have been reviewed on the site we've delineated and we've confirmed with that um the driveway that crosses over the ditch will include a covert because we're not looking to I mean he created it why would he want to block it we're not we're not doing that and it sounds like it' defeat the original purpose if it were to be blocked well certainly include um erosion control measures and this this actually flows I think some of this Wetland system is certainly next to Mr Net's property arous property so we're not looking to have a messy operation where that we have sediment down into the Wetland Sy bu but uh okay are there Wetlands upgrad to not upgradient of this not upgradient of this ditch I I think there probably were at one point when that house was built and Mr nette and I had a conversation with the Town Administrator and the building inspector at one point I think Dave was there but we talked about how the house when you built it needed to be drained because there was so it was so wet in the basement right no it's because he had a walk basement I wasn't around it but what we do know now is that it's it it doesn't have an upgradient Source Megan and I have reviewed that in the field um we can spend more time on nor non-jurisdictional areas I just in the commission were outside of your jurisdiction when this built you know yard expanded and pushed water out and I think that's why at the front of the lot I thought there was a jurisdictional area that mret had explained to us that you had been piping out draing right there's some pumps that come up into that area front yard of this lot but um and we've conf confirm that that's not a wetland resource area it's on the French I was going to say that's the next couple slides it's not we we've documented that and it's in the report and Megan and I have confirmed that that's fine but I think it's transitional I me what we've done is we've done a full in order to come and open up this meeting with the commission I've tried to get all our ducks in a row we we we filed we held we paid the peer review fee we had the peer review we've nailed everything in the field we've responded to that now if we're going to be going outside of areas to you know um open up the peer review in different areas because it's not suitable for what we've confirmed that's kind of defeats the purpose of getting the peer review and and confirming the resource are in order to come to the commission I don't think Megan's done though so well I was just going to say it's not jurisdictional under the wetlands protection act but it in in my eyes I think it might be under and and I can and that's why we have right so the town of dayon wetlands bylaw but if it's a if it's a area of protection under your bylaw except for from the state you have certain definitions that you define you define Bank you define Vernal pool R species your and so you have you have you have definitions that are that you've defined you haven't defined a ditch you haven't defined a channel you haven't defined a stream separately but what you do say is except as otherwise provided in this bylaw or its regulations which the commission hasn't adopted regulations yet the definitions of terms of this byar set forth shall shall be set forth in the Wetland protection act and its regulations meaning if you don't have it in your definition section go to the wet protection regulations so I've looked at this thoroughly i' I've gone through the Mac handbook to be able to give the commission some guidance on that it's a it's a non jurisdictional ditch nevertheless we're going to put a culvert in it and make sure there's no blockage and we're not going to have messy construction activities in there we're not looking to impact the flow of the water that comes off the the neighbor's backyard okay I'm looking for Action that the commission can can take do you want Megan to finish her present I thought she was I do have a couple more slides okay I thought you would finish sorry sorry once she's done I've got a couple CLS every can okay and this I think will be a little quick but um we were sort of just alluding to this area um so the ditch that we were just talking about it's right here and then there's this sort of transitional questionable area down in here um that Brad Holmes submitted um some revised materials with some information on soils and hydrology saying it's not a wetland when I was out there during the site visit I agreed that the soils were not hydric soils it did have sort of a mix of wetland and Upland vegetation in the area not a predominance of wetland vegetation um and there wasn't any clear hydrology it looks like water might sit there occasionally but there's no standing water no signs of hydrology in this area so based on the site visit um I agreed that this likely is not currently a wetland um and I I included just a couple photos of this area you can see there's some Virginia creeper over here there is some Jewel weed which is a fact wet plant um that can grow in a lot of disturbed areas as well there was some cinnamon fern some white pine red maple so kind of a mix of of wetland and Upland vegetation um this is kind of hard to see at the scale but the the soils were fairly bright I didn't see any um redoximorphic features in them indicating that it's hydric so um and I think you concurred with that in your report as well we had some files and I think that when Wetland scientist is on site your your attention goes to that area because it shows signs of staining and um where is that water coming from well I should have coordinated better with with Mr noet there's actually two sump pumps that drain and pump the cellar out to that location so that's why that area is stained with water and this is the salad to the to the butter to the to the to the the house you built for your son right the B to the north west okay y so that's so that's the source of the staining which okay that that makes sense now knowing that there's a sun pump that uh that's why you're seeing the stained leaves and and U evidence of the puddling there but when you look at the soils there they're bright uh Upland soils it's not it wouldn't meet the criteria of an isolated Vegeta Wetland that would be protected on your bylaw and we Megan have I have we put a full report together with data sheets in the notice of intent you'll see it um in the Wetland delineation section with photographs and Mak it and confirm that and we reviewed that together in the field and I I think um so I'm glad you guys looked at that area because I was questioning it by only walking through it one time and I see what you're you're you're and you wouldn't when you see that okay well what's the soils look like and where's the water coming from cuz it almost is like well where's that water coming off the road but then when Mr noet pointed out the the pipes um you know under the the undercut next to the driveway okay that's where the water's coming from and so that's what's kind of concerning to me because I think that maybe in the past the house that was built there maybe impacted some Wetlands that created that onto your lot you know when you sub ided that lot so I just want to make sure that you know whatever happens with the ditch and the backyard um you know any impacts that we're making sure we're really looking at taking care of eliminating any impacts as much as possible and we're not look it's a fairly flat access way all we're looking to do is a a gravel driveway okay PA you any does yes um so I believe that we're kind of all in mutual agreement that the Wetland protection act does not apply to the situation it's not your certainly appears it certainly appears that way and um and um while the commission is um you know empowered with a certain level of discretion I do think that the Mac guidance is a useful barometer in determining how to exercise it um moreover since Titan is an agricultural town with a Farm history I do have concerns that it could set a um unhelpful precedent if we were to take action that begins to uh you know interpret farmer stitches as streams I do have concerns that that could lead to you that could have unintended ramifications okay what we we rewriting the bylaws we can certainly address that add some definitions more concise definitions which I did I did do some right and and if we were to do that and I know that at previous meetings we said that one of our stated goals is to try to bring a little bit more uniformity between some of the um the exemptions and the exercises of discretion under the WPA with the local bylaw um I do think that finding this to be non-jurisdictional might be um might be prudent okay so what would I think able had a couple ideas too I don't know but well I had a couple questions uh this proposed Bond the proposed bond is that is that two levels did I understand yes so it be our foundation with a with a walk a walk out and the walk out is appears to be somewhere about 25 ft 25t 50 buffer zone probably something along the lines of that oh let's see it's it's 69.3 ft away from the W the the bar that that corner you have almost 20 ft till you get to the to the 54 so that South corner is uh and before any work starts on this site and I know we'll have you know strict conditions but the limits would all be Stak in the field so um and I and I don't know if you guys use conservation markers but we'd be happy to put conservation markers at that limit too so that there's no encouragement that's what I I thought so I was just concerned about the traffic with the walk out and where that traffic will wind up eventually it just to go around the the building building with the car no no just just just foot access like a slider storage area that a storage up top and then a a foundation with a you know the slider below just full full Foundation well the the way the topography works there it it lends to that so yeah I read topographies every day so I understand okay U so is this going to have a septic system with it at some point the barn no if it would then it would have to go through the Board of Health and if it's in within 100 feet of your jurisdiction then we'd come back to the commission there what's nice about this side is that you as I said in the beginning you have a 14 Acre Site um and we're proposing a a modest you know we're not we're not looking at multiple structures here and subdividing it's I think it's a fairly small project and you the rest of the site is being left undeveloped is the the test pits that were done are they uh uh these test pits here that are dug was that four post cic system that wasn't as part of this this was done previous so the test pits that were done in that area I can't just talk about the what we are are there prick pipes still in those test yeah but the septic system is proposed in this corner so if we have to you know the next step at some point will be the design of that septic system oh so you so you do uh you are planning ontic system yes not within the jurisdiction of not if you look on this plan here here on the left in this area yeah I see that poos so maybe could condition that there's no additional SE system for the bar the if they're out of the resource area well the bar is ince test within the 200 foot River and those weren't done as part of this project as Mr noet said those were done previous and some you know planning purposes um we're not propos we're first off we're getting outside the jurisdiction of the the hold on one sec yes it's right here the purple L I'm this is the river front here oh right here yeah got it so those test within the river and those were done previous those aren associated with a current application and I believe those at the time would have been an exempt minor activity soil testing I also kind of like elaborate on the the barn and the the house and the limit of clearing so the limit of clearing for the house is shown as thee dash line correct the limit of the yard the house is outside the buffer zone the limit of the proposed yard is about 55.9 ft from the isolated veget Wetland and it's got that uh orange dash line around us so is this existing okay so disturbance so no we're nowhere close to the 25 foot no touch though and then the same the LI of yes and that is um outside the 50 Foot buffer zone I think that also Li well the limit of clearing I mean we're putting the straw wle at the limit I mean I don't have a problem as you asked to put the change the straw waddle to a silk sock and then just put a note on there limit of clearing yeah I mean that's that's the the intent but that's not that's not a problem to make that change in the okay and then um gravel for specifi gravel on the plan for for the driveway that's what we put I think it's written again it's not within the jurisdiction of the commission but it is proposed as a gravel D it's before arest it's outside your jurisdiction but you told us you were going to do gravel that's it's in the notice right okay um Abel did you have anything else no pretty much it thank you is there so you understand Abel's concern is that the barn is really large so is that going to be a proposed house in the future okay we're also you that's in the jur our jurisdiction that's in our jurisdiction no uh aort of it yes yes in the riverfront too so that would have there's nothing in the riverfront in the right here there's no proposed activities in the riverfront it's only the buffer zone out of of the ivw and the BBW oh sorry yeah good I mean if we were to be piggy I guess would say for bet for Worse word you'd be allowed up to 10% of the riverfront area to disturb and we be and in accordance with your bylaw we would be be up allowable to work up to the 25 so we've avoided work you know basically in the 50 Foot and we've avoided the 200 foot Riverfront in full what's do we have a floor a basement floor elevation no I don't have one on this um plan we don't have architecturals done yet this is just it's just this is our first step you know is to come to the commission so we would we would strip this and there' be no filling at all or underneath the Basement foundation it would be basically cut and then cut and right there might be some minor I mean obviously there's going to be some reworking around the foundation but we're not looking to we're looking to work with the land I'm just saying you're going to just couple all the organic player you're not going to add to a crush onone underneath in the event of I think they'll have to excavate the the the foundation bring back um I'm not I'm not a foundation expert but I think they'll probably have to put some sort of gravel underneath and then the foundation so now if we were to propose a motion to approve with conditions such as specifying the 50 Foot buffers uh the no build zone or updating the plan to include replacing straw Waddles with a filter suck uh with those and the ditch the uh yeah propos under yeah Ian do you wantse but you're again you're you're we're not if it's non jurisdiction can we take any action regarding that requ further detail of that you actually can't it may be like going up to Maple Swamp Road where're you're outside the the buffer zone we don't have we don't have problems with putting a covert in but you can only work within your areas okay what size cul are you planning that's we're not they're going to have to come back anyway yeah they they're going to have to come back anyway you can't hold them to a tonight well don't if you're going to do some yeah but we can't really hold them to a cul tonight Jim because they haven't done calculations but we're not do you know the size of the dick sure I I just yeah so I think if the commission is taking the stance that it's not a jurisdictional stream under your bylaw then it's out of your jurisdiction to request information on the Culvert or specify those things I think if you do want to take jurisdiction on it then that's when my my thing is that they're willing to put in a culet but if they're willing to put in a culet give them time to calculate it you know what I mean if they can get away with a 12T celv I mean 12 in instead of like 6 ft you know give them a chance to calculate it and then we be happy with it again this is where I don't don't cuz now we could talk about like utilities on the road we're outside we're going we'll be to put in a 24 in CT um again Mr noet created the Stitch so and it's not something that I'm I'm not convinced that in my opinion that it's jurisdictional so for me I don't see it either I I don't I'm doubtful of the degree to which we can really regulate the activity of the Culvert at all and you know we can recomend it I'm visualizing the water being pumped out and through but but that's again like you say it's it's uh is it and even the tape that I was listening to uh it's it's really up to us to say do we want to take jurisdiction is leaving it to us based on our regulation well and I think it's important to if you determine it's not jurisdictional it does ultimately flow into that BBW which we talked about out there and maybe it's in your jurisdiction to require some erion controls within the buffer zone into that BBW to make sure nothing is going into that BBW control you know construction it might we're not again it's just a gravel driveway um we're off to areas that are outside the scope of the notice of intendant outside the the state regulations in the town of dayon bylaw as I said before we're a culber in um we're not looking to dirty the property we'll use erosion controls and as soon as we hit jurisdictional areas which of the that are identified on the site we'll put silt socks in we'll change it to straw Waddles um and maintain correct change from straw wles oh and the other thing is we require post we like post and we have a lot of doing we started doing it that's what you had asked on actually what what I like to do is I do a six foot high cedar post and put a birdhouse on it and then I put the plaque on The Birdhouse now you have a little bit of extra we a good looking plaque a plaque would go on the bird house yeah the bird your plaque goes on the bird houseing the bird but don't yeah don't poop in the wetlands okay I'm going to ask for a motion if there's no other is there is there any question from the audience I want to for that we need we actually got a couple inquiries from Neighbors on this I don't think anyone's here well okay uh is there a motion on the floor I'd like propose a motion to approve the noi subject to conditions all in FA all in [Music] favor Street any storm catch Bas on the street yes okay put in yeah so the water from your site might drain to the road no no okay well we just want some it doesn't some sort of inl protection in in that to work out with Mr okay motion has been made in seconded there a vote on it now all in favor I okay thank you very much thank you for the information thank you thank you for working it through Thank you Lisa thank you for the MACC guidance as well okay thanks oh yeah yeah but you have an email provid me with an email that I haven't had a chance I just to I'll send it to you right now and then if you want to read it now then we can talk about it okay uh next on the agenda is a notice of intent from Alex roberio for work at zero Tiger Lily road map 2 Lots four and five work includes the construction of a single family dwelling with driveway Associated grading septic system well and Associated utilities hi Alex hello evening my name is Amanda Langer I am here on behalf of JD civil representing Mr buau there's notice of intent filed for zero Tiger Lily Road I have the Lisa would you like these the cards yeah please nice meeting you thank you and you have the receipt for yeah we got it all right so we are back here again today we were here previously um back in June for an anrad to have the Wetland line uh delineated um that was approved by the commission and oad was issued that has since been recorded at the registry of deeds and a copy of the recording is in your application packet uh that you have in front of you what we are proposing is for a single family dwelling uh for vetan single family dwelling with a two Gage the driveway is going to come off and connect to the Road um there's significant amount of slope to this lot um so that requires uh significant amount of grading one of the items tied into said grading would be the boulder slope which it's not a retaining wall it's just it's like rip wrap slope except bigger Stones um and it's it's kept there primarily to stabilize um the ground water if you look kind of hard to tell but the slope is actually even Ste it's about a two to one slope goes into a one to one slope in some spots on both these areas where it's tight but what's existing now it's actually even steeper than that so we're improving that a little bit and we're giving the neighbor um some protection which he actually does not have now from the water that um may run off from the development um we have a proposed septic system here that is outside of the 100er the septic tank is also outside the 100 foot buffer we have a proposed well back here that well is out not guys but is away from the sep system um we have proposed straw bottles as I heard Lisa say earlier you guys prefer that's happy to change that out um clearing does that Alex has recreational vehicles fourwheeler stuff like that he's not proposing any grading or anything he just wants to clear out the trees that are there to have access to that back area you know so he can enjoy that stuff with his kids back there it's um there's a lot of ledge and boulders out on the site those ledge and boulders will be repurposed into that uh Boulder slope that we have proposed there we do have ums proposed Bas that are in the vicinity of the proposed project and we have a deing basin for construction okay uh house septic yes the septic is outside of the Dr um just to the right of the cide yes sir okay the the you're making a a a drive or a pathway to the back pathway just a pathway how long 10 wide okay is that is that pathway is that uh in the 100 foot buffer zone anywhere yes yes okay I oh thank you very much so the house is right here how tall is the retaining wall retaining the boulder wall uh the top elevation is 109 bottom elevation is 101 bu a perm for but it's not a wall it's just a slope it's the same thing as if a rip wrap slope do they require building yeah anything overt even if it's Lo so if if we didn't put any sort of stabilization down and we just graded it out as is a 1: one or a 2: one and didn't put any protection down would they require okay so we can remove the stone then we're putting that there as as safety okay if you need it is what I'm telling you is we just did it as a common courtesy we didn't you know we did it there for we have no authority over what the building department does it do and actually when I tried to talk to him about it yesterday he said he had just received it so which I did send it out on the 30th of July so and I actually think I have a read receipt from that too where is your access path going to Nowhere or just going out to the backyard yeah there's a huge ledge area back there so what kind of what kind of material I'm just going to take the trees down and remove the stumps that's it okay so you'll still have a canopy going over it and U yeah I'm not looking to the wood I'm just looking to get to the back of theck comfortably kitchen yeah he has small children so he wants to be able to go down there have a path you know walk with them have their own trail well okay so this is house everything everything's out of the 100 foot oh wa the house is no the house is house is outside the 50 the house is outside of the 50 septic it has to be outside of the 100 which it is and your it snows you're going to be able to go sledding yes he's got kids so well it used to be a tobogan run up there anyway I can I can believe it yeah no the natural Topography of that site is actually steeper than what we are proposing so we've we're proposing to feather it out a little bit more and so just to make sure I'm interpreting this correctly is this the um like the boulder wall and rip wrap equivalent to whatever you so that will kind of contain the area that the yard expands to just see connected to the ledge too it's dead ending at the ledge so gotta I was just making sure that the the yard wouldn't be encroaching into the 25t that was my question but it sounds like the boulder wall is going to kind of Inson that Outer Perimeter yeah and again there's there's a lot of ledge and a lot of Boulders on site so he's going to be repurposing those and relocating them well that seems like a good way to yeah yeah I mean as far as um as far as the building department goes if they require us to get a structural engineer plan for a boulder slope then that's something we'll address with them happily I just want it's still a structural change never allow a Walling wall or anything it's it's not a wall by any means it's literally gring with Boulders placed on top of it it's not retaining any sort of soil it's not there to keep back any of the grading it's just rocks on top of I mean we're just trying to figure out what the purpose is the purpose is for when the ground water runs off to help control it so that it doesn't just rush off and I think they use the rock like a smaller version of like a seaw wall at the beach good so I'm just a little concerned about not having any the Y both you but what I said me and you both but you guys said no can't get into it he will you have to walk down a like going to put his walker path in now the the you had said that we are close to the 50 Foot no build but we will make sure that we have the foundation staked out appropriately prior to construction and pouring it yeah so this is going to be kind of like really the seaw walls at the beach like this is basically just kind of no I just drop the rocks and and hold the soil down correct yep and then you that keeps it from like eroding I right I mean as it stands now there's some areas where it's not even like a one to one I don't know if you can if you can tell but the LGE just drops off like right here it's just so tight you know it's even worse it's hard to tell under this but it's even worse right here so we're actually Feathering it out a little more so it's just a slope now yeah it's kind of a mess gy it was the end of the road and that's where the contractors dumped everything when they were building before no I mean that's basically what it is correct that's all we have these guys CLE question sure this this is going to walk out basement yes yep it's going to walk right out onto that ledge 12 by 24 patio I'm sorry what did you say is this a 12 by 24 patio it's a so it's a deck off the back yep it's going to be a deck and on the up the upper level yeah and then in the front there's a proposed Farmers porch that actually wraps around to that back deck okay U okay see that yeah okay yeah that looks nice so the deck is going to be what about 8 ft off the ground probably yeah I'm just picturing it like mine these these rocks in the path yep are they at an elevation where you can just build a path right over the top of them I'm most likely going to to be taking some of ledge out out that way I don't have to build up I'd rather remove talk about maybe blasting we won't be blasting this dead so you want to bring Machinery in there yes mean he going to have to to clear the trees right yeah is there a is it sticking up a lot are these protruding out of the ground a lot these no no no no you got like what's the elevation that can you see I can't see up the top of my head I think it was like fourt of it yeah it's nothing nothing Dr you're new you're new to the board yeah I own an operating excavation company we do this often this is I'm looking at the ledge it's a simple Road we're not going I got I got 66 pieces oh okay on the same bat all right so yeah no the ledge it's dead ledge too so you bring a small s00 in there pull it right out no problem can everyone make sure they sign in if they have it there's a clipboard I think right over there so you understand the the W when everything to that any you guys have any more questions um yeah I just I have a question like where do you guys think we should have them put the no Disturbed post because now we have a path going in the back I mean the 25 foot makes the most sense the um that's really close we usually so you said that this is something that you guys have like recently started doing yeah the past okay so in Easton they do have the conservation post a lot of places do um majority of the time the rule of thumb with them is it's either the area of the existing backyard you know the limit of the trees or it would be the 25 foot no touch or whatever I believe East has a 50 foot no touch um so they would do it within pretty strict they're very strict and that sort of helps to really Define like the hey look this is the 25 foot to tach it so but I mean I just wanted to 25 OT 100 foot you're even going to be cutting vation I'll I'll have the layout with a 25 foot in I can just do I can just measure off those to be able to TI in a row yeah I mean just because any work including cutting or clearing in the 100 that's you need an RDA or an noi p no he's aware of that just a gra gravel p is it a surface no no no I'm just going to cut cut and stump it's pretty much the same pth I took out when I went out to do the UMAS yeah we we W yes we W right yeah I just need I just want to clear it so we can check out small quad or a bicycle out there be honest just a based on yeah I mean so we need to bring this in front of the building inspector anyways to get the building permit so he will have his essential B at the Apple um at that at that point you know if he feels as though this needs to be done a different way we'll address that and we'll be happy to come back to you guys with a revision yeah so if we if we were to move forward with an approval tonight and then the building department were to require some kind of material change that altered have to come back anyway be modification y um and then I just think you know as protect yeah prot did you what he nope I couldn't hear it either well I I'm thinking that we should allow them to do this because that's going to help protect the wet yeah you know what I mean this is all uh you know that's protection might one yeah yeah the limit ofing would be the line the Orange Line yeah and there's a green line for the proposed Tree Line yep and much to what Jack was saying you know a lot of contractors have been using this is a dump site essentially and there's it's got a lot of wetlands on it ton so this is going to be a really good way to keep that from happening are we set with questions Lisa oh yeah he's talking about the storm water off the house the roof leaders roof leaders are you going to put them in some sort of system or you going to just let a Trin off on the ground we were just going to let it drain off yeah there really isn't space to put in any sort of system I mean I'm sure Alex will probably end up you know making a rain barrel or something like that I'm going to guide the water someplace I can utilize it it comes up property roote anything okay anybody else have questions here no any questions from the audience okay shall we uh bring it to a vote is there a motion I'd like to propose a motion to approve the noi for zero T the road with conditions move all in favor I right and I have 21 days to issue that but hopefully it doesn't take me that long you guys yeah we still have to file with um Board of Health as well too we're going to take care of that next week okay sounds good awes thank you congratulations thank you for your patience okay next in the agenda is a request for a certificate or compliance from uh Jim should we go back to uh where we got to go back to oh the where the one we continued earlier uh New Leaf uh energy uh um did he show up Dean Smith motion to revisit the interet application for new did you want to have a vote on that uh yes so let's I hi hi so I'm just here in case you have questions um since we last appeared our consultant had submitted the Vernal pool areas for certification to to the state so that's in process now I'm hoping that that that's enough to satisfy the commission and that that you're able to take a vote on our anra this evening okay that uh are we are are you involved in this one too no this was beta was Thea beta they provided a report and we accepted everything that that they discussed with our the ver was being certified it's already been submitted to the state yeah we have all the documentation that we required they they will able to get that to us um so I think they're ready to get an orat issue to them finally okay um so we need we're looking for a uh a motion to accept the enrad so move uh is there a second second all in favor thank you thank you very much thank you okay thank you Jack um okay a request for a certificate of compliance from BWC Greenbrook llc at uh 903 Tremont Street and 624 Middle Street file number 17432 uh Weston Samson has been contacted provid us with the peerreview services yes so that one um needs to be continued because we're waiting on um they're working out the ethics um disclosure conflict of interest forms just filling all of those out and getting them approved appearance of conflict of okay appearance of okay so uh is there a motion to continue so move is there a second second all in favor 99 uh 919 okay um next on the agenda I would like to move the uh the draft of of the commission bylaws to later this evening is there a motion to table it table it motion to table okay seconded all in favor okay um okay next USDA natural resource uh conservation service Farmland of local importance um Lisa I know we've been we've had many uh notices from this committee they're looking for permission to do the valuable farm land in town yes so what it is is it just designates certain soil classes um you guys have that all in your packet all the information if you want to take a few minutes to look at it um and and so okay by approving their nrcs uh by approving NRC cs's request they would just come in and look at the valuable F land as it exists actually if you don't have it in your pack it's because I I know I had read it online but I will take a copy I read the PDF copy so there's a bunch of municipali in the state that have done this there's a map municipalities that have done that would you like me to read it for the record Mr chairman uh how about if we just um submit the the photo copy into the record rather than reading it all sounds good uh and I'm keeping it in a pack as suggested we're going keep a pack okay and and the idea of this uh is for or a municipality to designate Cal as Farm or Farmland is locally important it it doesn't um have any value on on what a farmer can do or can't do it has nothing to do with the value of the land it's just a soil designation by the uh um nrcs natural resource of Massachusetts no natural resource conservation Services of the USDA okay um is there a motion to accept this for them to do this research just for edification of the publish Mr chairman so this uh designation is you can designate certain uh soil types as Farmland of local importance if you do so um it makes it potentially applicable for uh Federal Farmland preservation funding which is a way to uh help Shore up ulture and uh you know protect local Farmland to just for the edification of the public yeah there is no cost to the municipality and uh it doesn't have anything to do with the valuation of the yeah it doesn't impose you know deed restrictions or anything of that nature okay is there a motion to uh accept the re the classification of soils within the community so move is there a second second all in favor hi okay Lisa you're just GNA forward that to um um I'm going to email alen what he'll do is he'll produce one of those that has a signature page for you um okay he does have his email over here yeah okay and you have that right yes I do okay okay uh close out uh inactive 53g accounts yeah yes so what this would do is um we've got some 53g accounts in the custody of the treasurer's office that hold funds for uh permitting and there are some uh projects that have been since closed out yet they have small lingering balances you know $50 to $100 and um in accordance with uh 53g were required to return those funds to the applicant U after completion of the project and um I believe Lisa's got a list of some of the inactive ones that um that are all set okay and so what we would like to do is review those tonight if they are in fact closed out to vote to send a letter to the treasurer's office requesting that they close the 53g accounts we have to do each one are just as a group those that are inactive we should probably do each one but yeah it should be the debit balances let's see zero tigery is still still active right cu no that was for the oad oh that's just for the oad yeah we already issued it um it's for the project is when these are so yeah this is for a project before a permanent body so are they all set they're all set for their over yeah that was why we asked okay so there's not going to be any further peer review prend okay so the zero Tiger Lily road which has a balance of $639 76 uh briwood detention Basin um looks like perhaps that was opened and never had anything into that yeah that one has a balance of $1,000 but there hasn't been any transactions just the initial okay they might not have come for okay go by the highight oh okay I'm sorry yeah just oh gotcha okay so this what I think might be easier then is if we could review um it might be better rather than go through this the majority of these predate me yeah some of them prate me so it might be better if we were instead to vote to authorize the agent to review the filings and then once she's confirmed that they are settled and they're closed out to notify the treasurer's office and then I will close those accounts that that might be easier rather than go through them line by line or we can just do our due diligence offline you want to make a motion or as such so moved is there a second second okay actually you have not been confirmed yet I'll second it I let you go until this I'll second it in favor hi and I'm going to uh abstain from voting on that one just because I'm also a town Treasurer so I don't think there's a conflict but I I have a bigger one than that one okay agent okay um okay sometimes we have um the peer review services and money comes in and if we wait for another meeting to occur work does not occur for a month or or even later with the applicant so uh what we have to do is to authorize our agent Lisa to be the signature of of the peer review process and to sign off and and start the services needed just to confirm my understanding we could have a we could receive a scope from Westman Samson for a project tomorrow tomor for an applicant who has every intention of funding it and wants to move forward as quickly as possible but they're handcuffed to waiting all the way until our next meeting so that we can formally exactly what it is so this vote would Empower Lisa to uh to accept that on behalf of the commission that way we can keep the ball rolling well I just want to clarify because I put on the agenda for follow on peer review so you're saying even for an initial you would want to allow me to or just for something where they've already started reviewing the project and they need to do more work up to you that might be easier because in in theory the the uh commission could always decline to send something to peerreview in the first place if there were circumstances that warranted it but once we know it's already in peer review it might make more sense if we structure the motion so that it's just any followup yeah SC I think so I would like I think that would make more sense to make sure we're on the same page from the beginning with the project once you've you know re started reviewing it when the hearing's open does anybody have any feedback on that okay uh is there a motion to authorize the agent to be a signature I like to propose a motion to allow the conservation agent to accept um peer review Scopes and proposals on behalf of the commission for any filing which already has ongoing peerreview so Mo all in favor okay uh we had talked about a new laptop purchase and setup with the commission uh at one of our last meetings Lisa and I were at we talked about getting a inh house computer and um keyboard for to do the work you mean a laptop but do we have that no um the last T time she did these minutes she did them from the desktop and um as of last week she said she would just continue doing it that way but um if you guys wanted to entertain the motion for the laptop it's up to you guys what um was discussed with the interim Town Administrator was they would pay for for the software and the setup if we would buy the laptop so I think it would be somewhere around 300 we'd have the laptop itself is short money it's like 1 to 300 bucks and um the more expensive component to that is like all the network security the encryption connecting it to the system and all that the Town Administrator did agree to pay for all of those charges out of the uh data processing budget so we wouldn't be responsible for those um even though if um you know our office assistant is going to be doing the M minutes from the office I do think that it could potentially be worth thinking about having a laptop that could be kept in the conservation office and signed out if um you know there are circumstances where Lisa is going to be doing things remotely or um you know if she need to do anything from home I think having a segregated computer that is just for official work so there's no comingling of anything personal of hers that's very important okay so uh let's considered then um putting money out up to a certain amount now the figure was 3350 so if we say up to let's say $400 to purchase a laptop uh not to exceed $400 uh for the conservation office y like propose a motion to approve the purchase of a laptop not to exceed $400 all in favor I okay uh we have various uh bills um is there a motion to pay um bills received um it looks like these are already been signed yeah uh Lisa had me had me do these so um let's just take a motion to to pay bills re um received I propose a motion to uh pay all vendor and payroll uh expenses since our last meeting all favor I should okay okay next commission updates to uh 2371 County Street hello okay for the uh public uh uh this was an enforcement order issued 41 uh 2021 uh the D visited the site 423 uh this has been going on now for uh over three years getting uh work to be completed on the site for um Rehabilitation of the site evening good evening how you doing John North County group um since the last meeting um we had a meeting over at Le L's office and uh I believe commissioner was there uh to go over the plan and the plantings uh we have updated the plans to include some uh when did this plan come in it actually just came man today yeah uh because I had something written down that it was going to come in 3 weeks ago for us to review it so this is our first viewing of it yes it is um it is I'm not happy of that I I understand that and uh I I I was ready to ask the commission to stop reinstating fines because it hadn't come in just to let you know where where I stand and where the commission made uh so let's let's let's we won't uh attack that yet no that's that's fine but we we had uh the meeting at Lisa's office to go over the uh uh the plantings uh at that point which uh we ended up going through the Planters we added creeping junipers over to the ri wrap uh as uh requested we also added on 100t buffer zone from the so you can see how it goes through the house uh on there as well we made a couple little edits on the plan um one of the edits was on the notes for the plantin we uh eliminated August and September from the uh plant dates be on there we also added a construction of sequence uh to the sheet on number two and we updated the planting schedule and the legend to account for the people junip is on that and this goes uh in relation to the onsite that we had that uh a few of the Commissioners were there as well and just so the Commissioners aware I have not had a chance to look at these at all it just came in today so to uh further on that the plans were emailed over uh earlier today and um they were very minor edits at the best uh since we basically were asked to add creeping junipers which we ended up doing we ended up adding the uh Construction sequence we added uh to the legend and we also amended the out of plant dates so we met I think July 17th to go over the plans Dave Abel Mr duser myself um we met here um and we went over them and um I'd be happy to review them them it's just I I'm part-time and they came in today so to make sure that there are all the changes that we had discussed there's uh no way that can be done now not right now no I I really that's no usually it t it honestly would take me an hour or so no no I I I'm just yeah saying that as a uh not asking you to do it okay but to yeah I don't know if you'd want me to do it at this time I late arrival with information I appreciate the edits were made if if they were I hav oh no they were they were they were added um but um I would like a little time to go over them so for purposes of tonight isn't something that we would take under advisement right recognize receed of it right and uh go from there yeah I I think you was talking about starting in September uh yeah we we'll be looking to start right around hopefully around the middle of September anyway okay our next meeting is the 19th oh you got to move your meeting I doubt it no hey I tried you got to move it from Thursday though cuz you're interrupting with Thursday Night Football now on this Thursday Night Football football I thought that was Monday and Sunday well Mondays and Sundays as well and now Thursdays um okay so we're gonna continue this um to review the plans and yeah we shall okay Lisa what I want uh you to do though as as we uh as you go over and you then you'll be contacting each of us with it as we have ours we'll read it over and we can sort of give heads up um if there is a problem with something that uh it can be rectified at the next meeting uh yeah I can look at it next week yeah and then the other thing I would like to just ask the commission is if if actually we can start just by removing some of the uh uh debris that's out there instead of just letting that linger for longer what do you want to remove uh some of the trash and whatnot that's uh already uh o over the side kind of just start the clean up process a little bit did you ever calculate the um disturbance numbers uh I have that but I I I can email that to you in the morning yeah that was one of the things yeah AEL do you have anything else that I'm sry okay I think might be a good idea you know if you came in three weeks ago with this we could have acted on it today and got you going yeah I know I I I had to go to Wisconsin uh we we're giving up for World War I right now oh great according to those guys thanks for the good news I'm not going to make any comment on it because I'm just what's the opinion of the other Commissioners regarding taking out some of the uh okay some of the you know removal of debris I think would would would be fine I I I'm just hesitant because kind of need like to phase it so like where's the debris going to go where where you taking it up how you accessing it all that stuff still yeah uh uh most of what I'm thinking right now is on the upper portion uh we're not going to go down into the lower portion until obviously we receive the approval from the uh commission but I just wanted on the upper portion just to start removing some of the stuff and Hauling it out of there so just yeah exactly should we schedule a site visit to kind of look at that area well you know I well I don't know I think we've done enough he has to make a platform there so the equipment the next is that is that what it's uh well it's to curtail some of the stuff that's going over the side but also um we will be starting on the uphill side just to kind of get the platform ready so when we get the final approval then we can get going and get down where we need to go but right now it's basically just on the upper portion just to cutting it back and removing some of the stuff that's out of there or that's with an easy reach I see that I see that as fine uh so I I would like a site visit when we have the final when I we agree that we have a final plan I would like sure at least to do a site visit I don't know if anyone else wants to go to just go over it with you in the field we can just schedule visit and we can go through everything and and uh go through the uh Construction the sequence and right but um okay Lisa so you will be reviewing this plan uh and we'll be sort of we're in and out of the office all the time uh we and then if there's any problems we can address you so that you can correct it on a final one and then we can get it approved at the 19th meeting um but yes uh uh let's let's let's go to a vote on this then for the removal of trash on the upper portion do we really need a vote well sure yeah I I think so specific we have an enforcement order and um and this here would would solidify it U as not one of us uh saying it's okay uh Mr chairman I'd like to propose a motion to authorize the removal of Phil from the upper banking area oh uh all in favor hi hi okay so you'll be hearing from Lisa on this plan okay excellent just give me a week or so okay you are you are kind of weak she has to go to wiscons I can't afford that kind of she has to go to Wisconsin no I'm going that's actually coming up so plays better than that wait I'm you reserve no actually M what uh Fort McCoy they have a big Fort there um they do a lot of military training and everything so but you're in a branch yeah uh for the uh F so we're getting the fuel shipped up okay and I got for McCoy and wiconsin coming up and then from there I got to go down to Utah thank you for doing that thank you Mr I'm here on one other one okay zero Horton Street map 10 lot 53 enforcement order oh there we are oh sure thank you Mr Buffington did you want to address the commission at all because we continued it do you do you want to you at the fair at Marshville no oh and I was going to go just to see you I'm glad I'm glad I see you today uh for the microphone that'd be great thank you yeah cable picks up the microphone better when you're at podium right this is basically just an updated version of what you had well I guess maybe you never saw the first one right Lisa yeah so this is the this is the plan for that property um I guess that's okay you know I'm very familiar because I was down there with you and we walked the site and uh um you know I don't have any questions on it know I was there not quite as than me I think I've heard enough about it that I feel like you're there feel like you're done there right over he removed yes okay he did and the the part of the part of it was the gravel that's in the back that you can see the Green in the back that can stay originally that was going to come out but that's a that's pure gravel so they're going to leave that in and we're just going to level that out um smooth it out um then anything in the red has to come out and then you're going restore the yes yes because the covet has to come out so is it is it fall right now it should be now it was it was this afternoon when I went out there after the 3 in of rain you got that much huh we got a lot I had one one a quarter at my house we got a lot of rain this afternoon it was running down my driveway pretty he heavy um so I would imagine right now that is probably running it hasn't been running up till now so okay so what's the sequence of it do you want to go down with the changes from the original one I don't have the original so whatever Sten told you do you want to go through that what they told me was what's on the paper cuz I went there and sat with them so that we don't we're going to leave the gravel in we're going to take out all of the red there's going to be a 30 foot landing at the very top all the way at the at the Horton Street end that's going to that wasn't there originally that I asked to have that put in um it doesn't affect any of the any of the land whatsoever so um that's that's it and the rest it's pretty cut and dry what um I'm going to be doing the excavation here so what we want to do is the landing we're just going to put uh Boulders going down just to hold that bank just so it doesn't keep so it doesn't keep running downhill there's no Wetlands over there but we're going to just put Boulders just so it does he doesn't lose it some unhook the [Laughter] trailer but I don't think there's any you guys have seen it I don't think there's any real questions it was just I had to get with together with Zena to payum anyways because of and um when we joh has some original photos and he wanted to bring it back to as close as he could to the original photos so that's basically what the plan is based on okay Mr chairman are you going to be looking for a motion to accept the restoration plan just moment we all set over here with um yeah just I guess just the understanding that after removal that once we look at that area and see if anything you know if it's not already coming I know it's grown back a lot it's already grown back I tried to get them to leave a a portion of this in but they said no because of the because of the contaminated ground they wanted it taken out because it's all grown back in already um can you tell us again what the material is that he did not doet buying the proper and the person that he bought it from did the violation what's the contamination hydrocarbons or it's round up Asphalt um somebody was doing a parking lot in the road and they just asked this guy if he wanted it and they he went down it's fine for a regular driveway or something but you can't put it to a field and towards Wetland can't do what he did yeah so what we're going to do is we're going to sort through it get the tar out of there and uh the good gravel leave there he he pulled Boulders out of the field and like he just destroyed the whole entire area so we're going to try to get it back to the original put the boulders back put the B he he wck the bank along the road um which is going to be a problem for the road so we're going to take the rocks that were on that road originally and put them back where they should be so we basically we're just going to put everything back work with Tom to make sure that I already I already spoke with Tom yeah so yeah I'm happy with that are you what are you g to use for a ro control spot uh we going to use Sil sock it says silt sock up here y That's All Right but Steve was saying that because there's so much uh it's spread out so much he didn't he just took and dumped a pile and so there's no like evenness to any of it there might be a little out there a little out there so Steve said when it's dry when we get you know dry days that's when we're going to go in there work he said do a little section put Sil the silt socks after the section is done he said because you're not going to know what the end of it is because like John said all the grass is growing back in it so he said just have a skid of silk sock there as you go just keep track of it and then it goes downhill so we really could just do the outer side of it if you guys are right with that yeah so um I know this plant's growing up within the gravel oh it's it's almost all growing I I read [Music] yesterday I just did that so we could see where the lines were you know if you did nothing in 50 years that would all be just yeah thrown back in it be done it wouldn't take that long probably well it' be all grown in and all everything would be disintegrated what are you going to use to reclaim that some sort of a grading bucket or oh what do I have I have a um uh JCB skid steer with a power rake uh that goes into a bucket so as we go along I'm going to just power rake that and I mean you I heard you had 66 pieces of equipment so so I got a period of time yeah I got a whole bunch of equipment too but yeah so I'm GNA power rake that collect all the junk dump it in a dump truck you know and just good idea power R is a good idea yeah so I don't know how else I get it out of there without making a  house mess I don't want to excavate and then try to sort stuff and have a screener down there and you just make a mess well some always gets through the screener nothing you can do right so it's either the power rake or you go with a great B just scarfy it out you could do that too but either I like I like the power rake um me too yeah this is the better time year of the ampian so yeah want to try to get it done now and not have to wait until the spring I think we're going to stop this week coming up if it's not raining it okay all right if we're all set I'll just let us know like when the ostion controls when you're starting you know can stay on top of going INSP least we got to watch the clock we got a lot more to do yet okay okay is there a motion to accept the plan so moved is there a second second all in favor I okay thank you you guys you thank you can we make a motion to take 880 street so move got a motion to take 880 out is there a second from anybody uh there was a second all in favor hi hi okay deja vu deja vu all over again evening hey John the sus North County group so uh we have been uh retained by the whitmor to um uh help them with the uh mitigation plans uh for the Wetland resource areas um I had a requested a continuance from uh the last hearing um and at that time we have Flags the Wetland areas already uh we are in the process of going out there this week coming up to uh uh survey the Wetland line was a just a little larger than we originally anticipated so it just kind of threw our survey schedule out of whack a little bit so we're going to be uh surveying the Wetland line the other resource areas out there and the amount of disturbance and then we're going to put together a plan and we'll be here in front of you uh next month with it so long as you're not in Utah as long as I'm not in Utah which I okay one thing when I was by there they had cows and uh it looked like um they were wallowing in in mud as though they were well they were in Wetlands destroying what they were in uh with that rain today maybe the cows washed down into the river I don't know maybe few months ago they weren't there that I do not know as of yet uh I will okay uh if I go by there and see that again I'm going to be calling the Animal control officer about uh uh abuse to animals so that you can you can let them know and I'm going to be going by there shortly because uh you don't put cows in that kind of condition okay I I I will let condition excuse me in what kind of condition they were in 6 to 8 Ines of mud that's because we had just gotten a Range St usually they don't belong there they were in Wetlands it's just like all the water that comes down from the hill because of the rain well then they got to get moved up on the hill I just wanted to remind theion that we had issued notice of violation last year the year before um to these FKS before it was last year okay 23 um I can pull it up here any um and then since then we we've had we've issued an enforcement order for the this is for the boat the fill in the boat so this is April 24 so that was a new use and now there's cattle and a silo in this are did you realize that the wetlands were flagged last year by Prime engineering or did you I I heard that there was some flagging out there but when I had gone out there to do the flagging I I didn't see the remnants of it so yeah so um so I I basically looked at it as though it was a brand new site on our end yeah so you got all Whitman soil yeah yeah it's all women in through that whole area there's some uh also uh Ridge be but that's way out in the back um and where the house is obviously is where the uh the perk is for the soil but there is a had good chunk of soil in the middle for that that would be classified under hydri soil conditions yeah the original notice of violation was issued February 1st 23 um and that was um cutting and clearing next to the house just so you know that they wanted to put in the general vicinity where the cows are now they wanted to put the cows there after the cutting andar stopped and they let it grow in um some and then we notic the and then the boats and that's why we issued the enforcement order okay so the enforcement order was issued 53024 requesting a restoration plan by 83 8:30 24 okay but then in the meim when the cows were brought in and the sil was put in so that's a separate offense Okay so yeah uh we're going to be locating all that this week coming up out there in the field so uh you know it'll all end up being on the plan and and then uh we'll do what we need to do to mitigate it okay so we'll continue well it's uh we'll expect something by yeah I mean 719 uh 919 919 and uh at that here and basically is you're going to see the plan and you're going to see what has transpired and then we we can go to the next step okay but in the me I mean you know so the new use of the cows in the Wetland is not they didn't get a to do that they really need to REM okay yeah so we'll locate to see where they are on hand uh see uh the EXT of it and then go from there and then if if they need to file and after the fact for uh something if it meets uh the 25t uh no touch or whatever then they'll end up going that route as well but up until we get it into the plan and see exactly where everything is it it it'll just make life a lot easier for everybody sounds like the flagging is going to drive the future absolutely yeah the whole thing is with a flagging so once that's located plan then we that okay thank you thank you all right have a good night thank Youk you 1420 William Street oh just a point of order Mr chairman I just want uh I know we've got quite a bit left in the agenda i' just like to confirm with Gable what our hard stop is uh dton do we have a hard stop time tonight good night 11 thank you did you mean 10 I okay well maybe we can go quickly now because we've only got uh yeah if we okay 1420 William Street uh new violation discovered on this property uh clearway solar well no it's when conducting clearway solar agent called owner and uh and a plan should be final and submitted by the beginning of September okay Lisa I'm I'm moving on Lisa yeah go for it um sorry okay uh 1033 Oak Street unpermitted unauthorized by the commission lodge garage observed within uh regulated buffer zone um okay we received a restoration plan on that that's uh Evan Watson and the and the conservation agent reviewed draft plan and re and revisions on 887 could you tell us he end up doing it um he had to cancel that was when I had already done the agenda but um he and I are going to schedule a site visit to bring the plan in the field okay with the owner and we're just trying to still coordinate it so I'm hoping it can happen next week he couldn't do it this week okay uh 1334 tont um no update on that we have to wait till ver it can actually come off the agenda until the fall but if I take it off I just don't want to forget about it well what's going to happen is next week next month is the fall I'm sorry not the fall and then the spring for the Vernal pool season okay uh 2470 Pleasant Street I got an update from Mr bot uh he as you know we did the site visit with him he reached out to Outback he's waiting for Outback to give him a proposal so I offered a site visit with Outback to kind of go over our right our discussion of what we wanted exactly so they can provide him with a proposal okay he's been Cooperative the whole time okay 710 Center 710 Center I have not heard back from him I left him two messages so I need to keep following up maybe I need to write him another letter do you want to stop by his house well if I can catch him I'll stop and talk to him give him my phone number my work he's usually in tune with what was going on maybe has something else going on that's more important um 1070 Smith Street 70 Smith Street I have an update from the owners they they got a delineation um they do have Wetlands BBW on both sides of their property and they are in the buffer zone I don't think they're in the Wetland with the clearing but they're in the buffer zone uh with the clearing and they're going to propose some new work they're still going over what they need to what they want to do for work on that property um the wetlands were appear to be much more exensive when they built the house so there was also a catch Basin in the front yard it's very interesting um in any case they did email me that update prior to the meeting so that's great that they're moving forward with the Wetland scientist hopefully they get a survey of that and they provide us with a plan okay um s wedg Lane uh yeah I did receive an email actually I got a visit from the owner she said the they had been um previously trimming all those years until recently her um property manager person um either left something happened I think he moved but um she said she wouldn't do that in the future unless she contacted us is this off of uh WI Tri Street no this is down at Hunters Hill where Hunters Hill oh Hunter okay so it's the lot at the end and how it was found out was I was you know doing the side inspections with Dave and Lee and ironically they had just cleared their lot too um they are thinking about doing a house they haven't decided yet basically this is Mr Johnson he was given the lot when the mirandas were doing the construction of Hunter Hill he was given the law and um he was under the impression that you know he could do whatever he wanted with it but of course you have to go through the permitting so we had a nice discussion me and his wife Nancy now who is this I spoke with the lawyer as well Nancy Johnson okay this was the fellow that was here ly Johnson at one time yeah yes okay um so we might be seeing a filing on that lot coming up and if we do and even if we don't we're going to require the 25 foot no disturb to be left but um okay yeah I told her the regulation regulations have changed over the years so okay um we want to do the reg bylaws changes or go over them and um we're going to do it quickly so that we can get to our EX session yeah um and uh I on first page I mean I I assume everyone's had the opportunity to read through these changes uh once or more I haven't fully read through all of these because I was at Amherst all week and I didn't have access to email I've read through some of them um okay on the first page the fourth line from The Bard or fifth line from the B BM all filings I just found just the mistyping AL filings um Lisa you got my original copy that I gave you with with the changes I made um was was there anything else that that we needed to put in here that would um U Jack you had the opportunity to go through them all yeah I read most of them okay um on the noi fees it's in there twice and I think um one was for residential and one was for industrial SL commercial Lisa yeah so what do you guys think do you want to uh Pro um request different fees for residential versus commercial or do you want to just have a flat one um we could revise this from time to time in the future yeah for now I think maybe it would be simpler to have one fee okay um I am opposed to an RDA fee um I think we have a hard enough time getting people to file with us prior to Construction in the first place I think having to pay $75 is kind of discouraging people from uh doing some some initial investigation about their project um a couple of other quick edits and uh just so you know as well the uh the board of Selectmen were willing to delay closing the warrant so that we would have time to revisit this again if we don't have a final vote on this tonight they were they were willing to uh delay the closing of the warrant until after our September meeting oh yeah um no they postpone didn't they postpone their meeting their deadline to it is after I mean that was my request okay oh great y okay thank you a few things that I noticed uh um in the section for two jurisdiction on the second page third paragraph down or it discusses the um 53g funding where it says the commission shall require the payment of the consultant fee prior to the initiation of Consulting Services pay failure by the applicant to pay the consultant fee specified by the commission within 10 business days of the request for payment or refusal to payment should be caused for the commission to deny the application based on lack of sufficient information to evaluate the project Fe appable performance standards um we might want to include failure by the applicant to pay the consultant fee specified by the commission or it's duly authorized agent now that we've authorized Lisa to accept those oh yeah okay um should point to it on on this line right here which is fa failure by the applicant to pay the consultant fee spec specified by the commission we're now also we just empowered Lisa to accept the but she would be the commission so I don't know if you okay yes no I'm not the commission as a commission or it's duly authorized fail by the applicant to pay the consultant fees specified by the commission or its agent because now we've approved Lisa to accept those proposals prior to good catch or an agent I put it's duly authorized agent because in theory the commission could decide to revoke that Authority at some point someday in the future whereas if you just made an agent that it's in there forever um another um another thing that raised questions to me was the addition the red the red paragraph on that same page where says unless the commission decides at a public meeting that other action is necessary um 53g lays out pretty specific guidelines so I might be worth memorializing that that action is also allowable under Mass General law so it can't just be because know we're superseded if we decide that other action is necessary that has to be action that we can legally take with that money um so I think that maybe cleaning up that that sentence a little bit okay do you like the next sentence what's that do you like the next sentence how did how did you look at any applicant AG Agri by the imposition of or Si consultant Fe or any act related there to may have reping provision I don't know if I like that one I don't like that to be hon Easton has it and I don't know if I like it I was just putting in in there to see if you guys would want to go that way but I think that opens us us up to too many appeals and right some lawyer thought they could make money on right is is I agree I mean okay I'll take it out right Jim you know uh well what happens is if they don't pay in 10 days and and all of a sudden they agree it in 12 days uh become right because I we have if if they really have a good reason why they shouldn't have to go to peer review we always have the ability to not send them right we don't have to require peer review there would have to be a really good compelling reason for that and I don't like the consultancy and I don't want to pay it is not a good comping speak to me oh yeah and I'm sure we'll get that right um on the next page where coordination with other boards um any person filing a permit application at the commission shall provide a copy at the same time by C certified mail or hand delivered to the select board planning board Board of Health building inspector DPW superintendent and storm water committee um it's actually it's it's a highway superintendent is is Tom's title we don't actually have aw okay and then the other one is that I I think we should strike storm water committee the the dayon storm water regulations were last updated in 2009 and they explicitly label the administering authority of the storm water regulations as the Conservation Commission in two conditions which is all residential development and any commercial industrial development in which a uh Wetland filing takes place so to me I think that we've in the past have kind of muddied the waters where the storm water committee is taken on authorities that really doesn't this was this was requested by the chair of the stor water committee but it's completely completely up to you guys I think that's something that we could we could provide to them but really they they don't have any authority to administer storm water regulations on anything which has a conservation filing and I don't want to create confusion where applicants think that they need approval from two boards okay now you there was something that you said okay so you want to rub that off that and now uh does everybody else agree we should strike it Tom and uh the building inspector Tom's highway superintend highway superintendent f it yeah okay Highway superintendent and Highway superintendent I mean I'm not opposed at all if we provide a copy to the storm water committee but um I think if we put it in the bylaw it kind of implies to an applicant I'm just understand if I was an applicant that kind of implies to me that the storm water committee is going to be an administering authority of the regulation in in the not I think well and what we carry it to the storm what we usually do is we usually communicate enough to know like well carrye for the planning board and Zoning Board sends everything to us just for comment and then I kind of decipher and of course sharing an office were there is great but storm water um no I agree that they're more of an enforcing Authority for storm water to some degree like following on with drainage basins and things like that so it could be using um yeah they have a lot of specific authorities that are like explicitly codified in the regulation right and um if you read through the packet of all the regulations it lays out the administering Authority and it is the storm water Committee in a variety of circumstances but not in residential commercial or Industrial Development and not in any um project in which there's a wler are filing right so those are all explicitly CED out from their Authority and by everything has a wetland filing by virtue of the fact that we are right I agree okay so we got Highway superintendent and and and Highway superintendent okay next page uh we have uh that was already crossed out prior to the effective date and we go on to veral pools um yeah so I kind of threw that together because I was running out of time that day but so it's a little sloppy if you guys think we we should probably work on rewarding it a little bit um yeah I think if we just kind of run through the Bare Bones of this we can come back and clean it up and make a final recommendation next month uh okay but we have quite a bit on on on one of the pages here this okay next one shall include okay shall include in addition to Scientific definitions would you like me to read the the changes uh if you'd like to okay so this pertaining to Burnal pools uh shall include in addition to Scientific definitions found in the regulations under the Wetland protection act any confined Basin or depression not occurring in existing Lawns Gardens landscaped are are or driveways which at least in most years holds water for a minimum of two con continuous months during the Spring and or summer contains at least 2 cubic feet of water at some time during most years is free of adult predatory fish populations and provides essential breeding and rearing habitat functions for amphibian reptile or other Vernal Community species regardless of whether the site has been certified by the Massachusetts division of fisheries and wildlife boundary of the resource area for a veral pool should be 100 ft outward from the mean annual high water line to find any depression but shall not incl garden landscape area or developed area in existence the time of the this okay so that again defines our 100 foot ground pool and then we have 100 feet jurisdiction beyond that right we ALS we already have the 100 foot above so yeah you know like I said it just needs to get neatened up a little bit but I like that um next page un un unpaid enforcement fines will be attached on personal property in the form of a lean until paid now we have we would have to set up an account for this when the time comes so that money would go into a specific account so fine this one will have to change the language and this one pro I don't know if we need to put this as a a thing in the bylaw so we already accepted Mass General law I believe it's chapter 4 section 57 which allows unpaid Municipal fines and fees to be leaned under the property tax bill however the mgl states that any type of charge to be leaned in this way needs to be approved by the legislative body so I think that this would actually be a better as a standalone warrant article we can actually go back and look at the annual town meeting warrants from when we allowed the other two that are currently leaned we currently lean Title 5 betterments and we currently lean unpaid sewer bills oh and excuse me and also demolition those three so I think we might be better off if we go back and look at the language of the warrant articles when we approve those to include those under uh and use and use their wording and ours right or it might not yeah we can put it in the bylaw I suppose it wouldn't hurt anything but um I think it would actually be a standalone warrant article of know shall the town vote to add uh add conservation fines as a municipal charge to be leaned under the town's local ofg chapter 46 57 okay all right okay all right so maybe take that out uh I'll just put a question mark next to that what me um and I added in all the burden going forward burden of proof now um in other towns well well in eastn that's in their regulations I don't know if it should be in bylaw versus regulations or not we an appr proof I'm sorry I was actually distracted so yeah you fell asleep that's reading something well we're doing uh we're doing uh we doing a bylaw and um a lot of towns have burden of going forward and burden of proof oh okay and so there're you those are sometimes in their regulations but we don't have regulations wise of us to put in our bylaw or just wait until we adopt regulation and that's the those are the burdens on just when one files a petition yeah proving you know propon of credible evidence that any propose work and its natural cumulative impacts and effects should have no adverse effects blah blah blah blah blah I think that those are probably things that are sort of already implicit probably in the process because obviously ation have the burden of presenting the Merit of the case so as a petitioner you generally do have the burden okay I think it's Overkill I think that I'd want to review it a little bit but yeah I I don't I don't think it's incorrect to Happ in a b necessarily okay it could be in a regulation though of just what the board's expectations are terms just like how the procedures work before the board okay yeah I mean I think we need regulations that needs to be the next thing we do is adopt regulations to go with the bylaw we never did that um regulations will clarify the process to people and to us you know would it be permissible to have something in here to the effect of like the Conservation Commission with the approval of the board of Selectmen will promate regulations I think it's already in here oh so that might be overkiller we might be better off just recommending our own Rec regulations to the Selectmen and then having them approve it kind is it similar I would imagine with what they do with the storm water regulations okay yeah yeah I think that something the storm water 14 page or 19 page or however long it is the storm water regulation packet isn't in the bylaw this just States this the procedures for purposes of the local bylaw right because you can't you can't change the standards of the wetlands protection act right this is local bylaw yeah I I think it's fine to includ it in the bylaw okay yeah okay then it has the force of law within the town so I think that's fine yeah I'm pretty sure I'll do a word search to confirm that that the regulation wording is in there I think it makes sense I was looking at the going think about it a little bit the burden of proofing first time but I think it does make sense yeah I mean it's like you know permit for work determinations of applicability um my you know determinations of significance or nonsignificance that's a new thing that we don't usually do so we kind of have might have to talk a little bit more about that but then waivers um so you know do we want to offer a waiver that we could wave performance standards that would be number four down there um I think that makes sense okay expression if we have a really good reason do that and you can ignore the 5034 BS those are from the eastn RS but um I mean eastn b well yeah e r and then the natural heritage um oh I love the big stick on the after Thea filing yeah right yeah so exceptions um section 15 the application and permit required but this chapter shall not be required for work performed for normal maintenance um or improve M and it goes on and includes um utilities and existing um Public Utilities um if not this is in line with what's in the wetlands protection act um as long as it's not substantially changed or enlarged provided that written notice has been given to the commission prior to the commencement of work provided that the work conforms with performance standards and Design specifications and regulations adopted by the commission the permanent application required by this chapter shall not apply to emergency Pro projects um necessary for the protection of health and safety in public so there are things like that that come up with the DPW so that's in line with Wetlands protection act and then did you guys have any questions about any of that stuff on the second to the last page not at first glance would would we be okay on not voting on this tonight but uh yeah I don't think you should vote on it tonight either okay we might want to add another meeting just for this okay on the fees a rupt to fees or there something here you were talking about no RDA fees yes so that's section 16 fees um yeah I I would personally feel better about cying it just because we um know we always want to tell people that if they're not sure if it applies to come see us or not and I would rather somebody I'd rather get a NE give a negative determination to somebody not not charge them right and we want to encourage people to check if they're not sure and yeah and and the uh you got two noi fees uh we just keep it one notice of intent yeah one of them has to come out um so should we include one side inspection and do we want to charge people for an inspection well you know I think the charging of the fee for uh would should include one inspection oh it does say includes one side inspection so like additional site inspections could be addition okay now you've got that on here additional inspections that teeth in it too if somebody does something it's going to require you right do it right and and have us come once do you know how many times I've had to go back multiple times I'm not going to list the projects and I I like that single one I like that because come on if somebody's not doing something right and you have to go spend time that's your time and that's your payroll and the rest of the Town shouldn't be paying your hourly rate so additional site inspections additional site inspections that's what we're going to call that but now okay maybe this these have to be um kind of re re audit so that they okay noi n red whatever it is but U um noi fee including one inspection and then put additional site inspections okay how much you want to charge um after the fact filing yeah that that's a good one uh when we tell them they have to do you like that cost uh 500 bucks oh I don't know if that's too steep or what but but it means you've already been to the site a couple times yeah to determine it probably three times yeah so there's 150 bucks right there for site inspections so people that especially these contractors that try to get away with stuff yep okay so how much do you want to charge for an additional site inspection I think $50 is fair because I it's your time and then good okay then then what would have to do is set up a and a a special what would go into our our general fund our general fund wherever ever that $25 goes from the state this is where that money would go it's probably going to go into a different account right that I don't know I don't know if that would just be regular general fund Revenue I really don't know to be honest it's more in the domain of the accountant setting up the revenue lines for what's going to go where based on what kind of fund it is that's really more sering as uh wheelhouse was there anything else you guys could think of that should no I feel like we're probably getting pretty close to uh yeah hopefully get get an attorney Costa home before do I know right okay uh let's see where my next on the agenda oh public correspondence we don't have any um uh then we have to go to Executive session yeah well we have to announce that we're not going yeah no I'm all set with that I'm just writing okay uh next on the agenda is a special meeting executive session and under Massachusetts General Law chapter 30 uh 21 A and B we are going to discuss strategy with respect to litigation uh if an open meeting may have a detrimental effect on the bargaining unit on litigation of the public party and the chair so declares that it might and therefore we are closing the hearing to public M and oh Mr chairman we just need to uh specify that we're not returning to open session okay corrected we will not return to open session but we will close the meeting at the end of this executive session cut e