well it looks like the recording actually is uh okay we're recording to the cloud now too with a primary uh recording so I will go ahead and read the script um welcome to lunberg Conservation Commission meeting of July 17th in accordance with the requirements of the open meeting law please be advised that this meeting is being audio and video recorded the agenda list all of the topics which may to be discussed at the meeting and those that are reasonably anticipated but anticipated by the chair votes may be taken as a result of these discussions not all items listed May in fact be discussed and other items not listed may be brought up for discussion to the extent uh permitted by the open meeting law please address all comments to the chair this meeting of the Conservation Commission will be held by Zoom at the link provided in this notice and for any one who may be uh joining via uh broadcast the meeting ID for Zoom is 875 26214 314 I and I I think it's easiest if you go to the town calendar download the agenda and click on the zoom link uh that is provided uh also as a notice to anybody uh who may be interested uh this is being live streamed via Channel 22 uh which I understand is not the usual I understand the usual channel is Channel 8 uh but that's being occupied by another uh town uh committee okay uh I will start out with a roll call vote um hang on just a minute let me uh pin my other Commissioners here so I can keep track of you better all right uh oh Jenny puer here Rich bur present Jeff Viano present Mike larouche present Chris St Germain I don't see Chris oh okay so I'm calling the meeting officially uh to order uh but the first order of business is I I have resigned by as chair and I'm perfectly willing to host and facilitate chair this meeting unless one of my uh peer Commissioners wants to uh be chair of this meeting and I'm not I'm not hearing anybody uh that would prefer to facilitate over me that's fine okay so so in terms of uh Conservation Commission announcements um I saw yesterday that Bob peas resigned from the Conservation Commission uh which is uh definitely a sad day and uh you know and I will thank him uh in person but I also want to publicly thank him for all the hard work and dedication that he's done over the years and personally I uh I really felt um that I was privileged to work with him and learn alongside him uh he he really uh you know gave everything uh to try to help uh me I feel like personally learned about uh Conservation Commission matters and I and I really appreciate that support um and during this past year we've just had a really tough year with Conservation Commission in general with um turnover in the office uh new Personnel starting and he has gone above and beyond to be in the office many hours uh during the day to help keep the wheels on the bus so to speak um we're really going to we're really going to miss Bob so I was sorry to see that uh any oh I guess I need to make another another announcement I have my notes Here uh there are severe um storms rolling through uh the area so if we happen to lose um Power uh for this meeting uh all we won't reconvene it at all uh remaining hearings and any unclosed hearings will resume uh on the next regularly scheduled agenda which is 87 do we have any other announcements by members of the commission okay so I'll sorry Mary I was put up but I couldn't find it I just wanted to uh marry your comments about Bob peas uh he came on and has just been a ball of energy for the entire time that he was on um becoming chairman uh he was a great asset to the commission as well as a great asset to the town in general and had been just a great resident for the town of lunenberg I think it's a big loss that uh he did choose to resign at this time uh hopefully he will at least continue to uh follow up on some of his pet projects uh with the bike trails and the momobile clubs and things like that because you know his um his efforts were second to none and kept a lot of those projects moving along so I hope that uh while we may not see him on Wednesday nights we will certainly see him in the future so and I do want to say thank you very much Bob if you are listening you will be missed thank you for that Rick 100% Okay so uh we'll move along to public comment uh public comment is limited to 3 minutes uh must be on a subject matter that's direct to the jurisdiction of the cons of the Conservation Commission um comments about current agenda items uh need to be tabled until that uh period of the specific agenda item uh and then uh please address all comments to the acting chair of this meeting which would be me uh and uh just in terms of General protocol uh you know Zoom uh has a lot of features and not everybody's as familiar with zoom as I am I I live in a zoom world uh but across your Zoom window on whatever device you have you may have uh reactions at the bottom of your window you may have it at the top uh please raise your hand or use you can't find the uh raise your hand on the react uh menu uh you some icon even if it's a smiley face or a frowny face or whatever ever might be uh thumbs up or something uh I'll know to call on you and if all else fails because I do I do want to hear from members of the public um please uh just speak up uh and if it's not your turn I'll let you know but I will Circle back around to you I'm not seeing any hands raised uh for comments from members of the public uh it looks like we have a couple of meeting uh minutes to approve uh July 21st 2023 has come in think I'm looking for a motion to approve so moved Mike thank you Mike do I have a second back in thank you Jenny roll call vote Mike hi Jeff hi Rich hi Jenny I and I for myself so we' approved June 21st okay August 2nd 2023 looking for a motion to approve appr so moved Thank you Rich second second Jenny roll call vote Mike hi Jeff hi Rich hi Jenny hi and I for myself so that approves August 2nd okay so uh we'll now move into the uh appointments uh section of the hearing uh the first agenda topic IPC uh is the Conservation Commission reorganization and uh so where we are right now is we uh do not have an elected chair or vice chair or clerk um do we have uh any anyone who wants to put their name forward uh as candidate for chair or vice chair or clerk I would be willing to put my name in for Clerk or preferably clerk um and take on you know some of those responsibilities that could be I think divided better um like helping plan the site walks or I could also I would be willing to do the vice chair um but I I don't think I'm ready to be the ACT if we don't have a chair I'm not ready to be the the acting chair at this moment thank you for that Jenny anyone else I would second the nomination of Jenny puer Vice chair Thank you Rich um but I think her conditions of being Vice chair are um contingent on having a chair so I don't know that we can proceed with voting on her as a uh candidate for vice chair if uh unless she corrects me unless we have a chair well and I will resend my motion is there sorry go ahead Jenny so I know that if there was somebody that was willing to run meetings for now if anybody wants to volunteer for that I'd be happy to be Vice chair I just feel like I'm still learning so much that I don't feel ready to run meetings at least for the next couple of meetings um but if we don't yeah like like I said if we don't have a chair then that would kind of fall on me and I'm just not ready for that yet I'm happy to run meetings uh but all the all the collateral responsibilities of the chair are uh difficult for me to juggle with my day job um I would definitely be willing to take on a lot of that administrative stuff for now I know if we wanted to like maybe talk about what that division of responsibilities would be like I said I can look at the agendas coordinate the site walks go on site walks um I'm not sure I'm not fully sure what else there would be since I'm so new but maybe that's something we could I don't we talk about here or take that offline yeah we could take that U I think it's probably better to take it offline since we have um people waiting to um conduct business but i' I'd be happy to talk to you offline about that i' I've actually been uh putting together a list okay so then I would be happy to be Vice chair if you're willing to run meetings for now if people wanted to elect me as Vice chair okay so rich are you you willing to reinstate your uh motion I will reinstate my motion my SEC or yeah motion for Jenny puther for vice chair and I would offer second by Mike yes and I'll note for the public record that uh it looks like uh Chris St Germain has now joined our ranks and uh Chris we were we were talking about the uh Conservation Commission reorganization um as you know I've stepped down as chair but I'm I'm acting as chair today to kind of fill in the void and uh keep the keep the ball run uh moving so to speak Bob has resigned from the commission altogether which then vacates the vice chair uh seat um Jenny has uh said she would be willing to put her name in the Hat for vice chair as long as uh as long as I'm willing to run meetings for the interim uh and uh Rich has put in a motion uh seconded by Mike uh for Jenny support of Jenny as the uh Vice chair okay thank you thank for thanks for getting me up to speed sure uh so now I'm GNA do a a roll call vote um Mike hi Jeff hi rich I did I say I yeah you said I uh Jenny I think has to abstain because she's uh personally interested in this uh Chris hi an i for myself very good thank you Jenny okay uh thank you thanks and so that uh that does make a clerk available is anybody willing to put their name in the Hat to be Clerk or endorse u a fellow commissioner to be clerk okay I see we're gonna have to have some more uh conversation were you gonna say something rich yeah I just can't find my buttons anymore they all went away I would nominate Mike larouche as a clerk I I think Mike has uh some great organizational skills he's done wonders up on the Hollis Hills property or the Hollis Road property um the the clerk's job is not hours and hours and hours but I do think Mike has the skills and the uh temperament needed to help with the clerk and help Jenny grow into the vice chair position I think that's an excellent recommendation Mike uh I'd be willing to uh take on those responsibilities um understand that um I am away from December to March uh so that's my only caveat on accepting a position when I'm physically not in lunenberg and does that make a difference to this nomination it should not make a difference to this nomination for my understanding uh rich or Jeff you guys have been around more than any of the rest of us is that consistent with your understanding at this point yeah we uh we have full participation through Zoom at this time so I know unfortunately I am not in lunenberg much more than about April May and June of the year so nine months of the year I am participating although I do have a fairly good knowledge of uh Lunenburg having been on the commission 30 years and having grown up in lunenberg from birth so it it does give me a little bit of an advantage to participate knowing most of the things that have gone on in town in the last 50 some odd years so but as far as Mike being gone in the winter time I know he's participated from Florida remotely without any problems and has been a full fun full functioning member of the commission very good do we I would I would agree with that as well I I don't really see any issues with might being Florida so yeah I could support that nomination as well excellent thank you Jeff so do I have a motion uh for Mike as clerk oh I think I made the motion You' need a second second okay very good roll call vote Jeff vivano hi Rich hi Jenny hi Chris hi um and uh consider Mike abstained uh due to his personal interest in this and I for myself so that's a unanimous vote for Mike as Clerk and so then I will Circle back around to chair um and I'm I'm not currently willing to be chair right now uh I've had to resign for a number of reasons that uh I don't see a path forward on so anybody else willing to take on Clerk or nominate a pier as uh cler I'm sorry not Clerk chair okay we'll table that for now uh because uh I am willing to uh host the meetings uh for the next little bit and hopefully we can get around um and get to having a uh fully uh fully vetted chair here before too long okay in terms of in terms of announcements um 899 flath Hill Road which was a new hearing and 1147 massav uh are not able to be heard tonight because the uh advertisements um didn't go out in time and so we're not uh we're not able to meet the uh uh public uh public advisory uh Mandate of five days which is unfortunate um so if anybody's here for either of those 899 flath Hill Road or 1147 massav uh we're not able to hear um hear those uh projects tonight so uh Sophie do we have uh do we have any continu any requests for continuations um we have let's see I haven't heard um anything from my recollection for continuances other than the ones that we um already agreed upon um so as I look down through the um through the list uh on the agenda it looks like uh 60 Crossroad lot 12a uh the agenda says that's continued to August 7th that accurate yes okay um so then uh I'm gonna I'm going to read it in and then we'll vote uh to get uh commission agreement to uh to continue those to uh August 7th um pursuant to M General Law chapter 131 section 40 is amended and the town of ludenberg wetland protection and Municipal bylaws a public hearing on a notice of intent by Timothy gendin for the proposal and construction of a single family home and Associated amenities within 100 foot of wetland buffer zone and within the 50 Foot no build Zone at 60 Crossroad uh lot 12a uh do I have a motion to continue to August second 7th so move no ma'am second okay uh motion by Jenny second by Rich Roll Call vote Mike hi Jeff I rich I Jenny I Chris hi and I for myself so the next one that I see that uh has August 2 uh 7th on it is is uh 60 Crossroad lot 12b also consistent Sophie with your understanding yes that's right they have some other things to uh catch up on August 7th okay pursuant to Mass General Law chapter 131 section 40 is amended and then the town of Lunenburg Wetlands protection Municipal bylaws a public hearing on a notice of intent by Timothy gendrin for the proposal of construction of a new addition and driveway onto the existing single family home within 100 foot Wetland buffer zone and within the 50 Foot no build Zone at 60 Crossroad lot 12b do I have a motion to continue so moved thank you Rich second by Chris roll call vote Mike hi Jeff hi Rich hi Jenny hi Chris hi and I for myself those I think are the only ones I see on the agenda with agenda with continuation Sophie so we'll go back up to the top and uh go through the go through the list um pursuant to Mass General Law chapter 131 section 40 as amended in the town of lunenberg wetlands protection and Municipal bylaws a public hearing on half of Trustees of Village at flat Hills a request for determination of applicability for the project proposal uh parcel number 84-001 uh detention pond maintenance for the area of zero courland Circle and do we have uh someone from The Village at flat Hills Andor their representative here tonight and Sophie I seem to recall that uh we missed them before when we had them scheduled for a meeting were you able to get in touch with them Wayne is here he oh Wayne is here okay okay I'm sorry um can you hear me now yeah uh I do and so uh Wayne for the purposes of our protocol would you state your name and your address please yes um Wayne gy 32 Courtland Circle lunenberg mass and I'm a trustee at The Village here okay do you uh want to talk to us about your project and do you have any materials to show well to to talk about the project the town um hired the town engineer to complete a study for us and uh it's been held up because of the surveying but he has the information now and he's going to get back to us at any point but what we're looking to do is bring the detention Pond down to its original level so um what what was it the original level I don't have that in front of me sorry about that but I do I do have some paperwork that that states it I'm just waiting for the uh Engineers report and then we were going to make a determination as to you know get some more bids depending if it's different than what we were going to do um hey Mary if I may this is Brian maret so I'm I'm the engineer that was hired to review the uh volume in the detention Basin and the surveyors were held up for the past couple of months because the Basin was full of water and they couldn't get the bottom of basin elevations so we now have it received it yesterday from the surveyor um so I plan this week to get a good handle on the design volume versus the as built volume right now it was built back in the early 2000s and um it's um you know since then over the last 15 years plus years or so obviously has accumulated some sediment so we just want to compare the as built volume versus the the design volume and then the the the goal is to um perform some maintenance grub it out back to the existing volume that it was designed to have thank you Brian and and the Basin is is within buffer zone it's it's right adjacent to Wetlands and over the last 15 plus years the wetlands have kind of crept up to the uh the bottom of the BM on the outside of the Basin so it's it's you know it's a stone water BMP but it happens to be within a buffer zone so maintenance is a key a key role getting these things to function as they're supposed to so they're just asking for permission to clean these out okay and do we have drawings or anything to review here the um that show the adjacency of the uh the storm water uh containment area um to the buffer zone sorry I'm saying as I said I just got the the as built back yesterday so I should be able to show something that that that shows that okay I put a drawing in with the package that I left with the conservation MH and it has um it shows the area that the uh detention Pond is in and it has its depth and everything on it also but okay yeah but it sounds like right now we're not we don't have the information that we need to make a decision anyway so um I think I'm looking for uh a motion to continue uh first I assume from what Brian was saying is uh he's requesting a continuation yeah yeah I mean either way because it's it's routine maintenance that's supposed to be conducted so you can't maintain the Basin um you know this is typically something that you know in my opinion should be exempt from a notice of intent um maintaining a basin is is kind of a critical component of a storm water system so you know no Wetlands need to be crossed uh you can access this Basin from Courtland Circle um so all the work is going to be conducted from the roadway they can drive I in the excavator right into the Basin so no wetlands are going to be impacted by this they just need to maintain it so um you know I don't see any reason why you couldn't vote to approve this even though we don't have a plan in place yet that's it's it's the footprint of the Bas and as it is today we're just going to dig out the bottom of it so there's going to be no expansion there's going to be no impact to the adjacent Wetlands um and this is part of the the regular op operation maintenance that's required for every detention Basin that's built in every subdivision today um it's just at the time when this was approved um that wasn't written into the order okay and I I agree with you I don't think it's uh applicable for an noi uh what's actually in front of us today is a request for determination of applicability um which we generally only consider when we actually have a plan and I'm I personally um and I tend to be a little bit more conservative and I'm happy to hear from my peers but I personally prefer to have a plan because then when we have a drawing and we have a limit of work then reduces opportunities for misunderstanding after the work started um Rich uh do you have any advice that you'd like to throw out there for us unfortunately I do error on the side of caution would uh side with you on at least having to have something in front of us to uh verify the work being done the location of the work I did have one quick question Brian the um depth that you're going to bring to the ba bring the Basin down to is the bit the depth that was designed originally when the Basin was built or you're changing the volume of the Basin no the goal here is to just put back what was built so if if um you know and like I said we just got the ad grades yesterday so I haven't reviewed them yet to see how it uh correlates to what was designed um so you know there's no plan to expand it at this point in time okay so I would just ask and that's fine if we continue it um but I agree with Mary we do have to have something in in writing in front of us to see why yeah I'm just I'm just I just I'd like to ask that in the future we deal with this on a lot of other projects that um it's almost like an understood maintenance agreement now that conom has on file that you know in four years five years if if if the village uh Courtland Circle wants to come back and maintain the Basin again um it's something that can be done administratively just with a with a letter of attent with the same plan that's on file you know that can you make sure you submit a um an on andm plan with the Basin plan yeah yeah there is one on file they already have so we can provide that perfect and then if I may you know Brian's going to come after like after the work's all done and check everything anyway to make sure that it's you know what he recommended so I'm for moving forward this is Wayne gar uh Sophie you have your hand raised and Sophie you did have your hand raised sorry I forgot I was muted um I do have one plan that may be perhaps helpful um just to get a gist of the location of the ponds okay let's see and I can also pull up an aerial so this was uh submitted in the packet you can see my cursor that's um a and I'm not sure it's what um labeled D but there's another one and labeled wetlands in the areas that there are wetlands and then I can pull up a side by side of and are both proposed to be um no just just a okay and then this is the aial this is a here okay do we show on the plant where the uh or does the proposal have where the um sludge from the bottom of the pond will go or how that will be dealt with um when I when I talked to the contractor um that was going to do the work he was going to take it with him and whatever is appropriate he was going to do I was dealing with um is it pow here in in Lunenburg yes yeah yeah so it'll be it'll be dug out put in trucks and haul back yes okay so the um sludge is going to be removed from the site yes yes does this help at all would you like to see anything else that works for me um so I'm clear uh but I'll uh do other Commissioners have uh questions comments can you re share that Sophia and scroll down um yes I just have to again the map would you like to see okay down to the map part okay stop yeah I just don't understand why my my address is being addressed as a wet we can take that offline yeah that's a separate separate topic um Chris uh but I understand yeah uh any any other uh question or comments here by the commission and uh rich now that now that you've seen uh Sophie's presented the um oh Mike you have your hand raised yeah I was just curious I know that uh the sludge is is going to be extracted but where does it go where does it get placed I mean that's up to the contractor it's going to go back to his yard and I don't I don't think it's it's you know I'm not really sure what he where we'd put it with it' be a general fill or mixed with something else but it wouldn't you know obviously because of the the weeds and the invasives that are in Bas and I'm sure it's not going to go compost pile so we're not going to start another invasive area as a result of extracting from this pond that's all I want to make sure we're not creating another problem no thank you thank you Mike so rich now that you've seen the application and you've seen the uh grounds and whatnot do you feel like we could proceed um I mean I would want there to be personally would want there to be specified in the uh approval that the sludge is going to be removed from site because it doesn't seem to be specified in the application um and I would want to have no Wetlands uh Coss uh being crossed um or worked in and then I would want the um document to be updated with the limit of work um that those are the things that I think I I would be looking for in something like this I guess my question would be is this something that has to start in the next two weeks or are we still doing other things before we start the project Brian or Wayne I think that would be up to Wayne well it's not going to be started the next couple weeks we wanted to wait for the engineers report okay and then you know that answers my we're working with Brian so we wanted to continue that and just when we saw what he has we'd go from there so um Madam chair I would rather just wait at this point it's not an emergency it's not something that they already had planned to start so I would wait to uh myself would wait appr excuse me sorry I know the town wants to do it thank you Wayne um Jenny you would we be asking for an onm when they come back uh it sounded like we already had an o M uh I might have misunderstood no an andm plan was filed and as part of the record documents when subdivision was approve so I'm just not seeing it in here anywhere so um Brian are you saying that the onm was part of the original um yes uh creation part of the original approval oh okay the original approval for the subdivision so this has been a a item that's been discussed in town now for a couple of years um so because it's an existing approval you know it's a subdivision that was approved it was built to the standards at the time so you can't enforce new regulations on an approved subdiv so the trustees are just going through the motions to have a contractor come and clean out their basins typically that's just part of an approval they're allowed to do it we don't come back to commissions for to request approvals for it just because this was an old old subdivision um they're ering the side of caution uh and coming back and just letting you know they're doing it and asking you know for you're basically an RDA just so you're aware of what's going on they want to just come back and maintain the Bas and restore it back to what it was supposed to be um there's been storm water issues up in this area for a while and they're trying to fix Jenny you had to follow on question so if you're saying that the onm was filed with the original deed do you have a copy of that because I don't have that anywhere in our records yeah the town has in their records I don't believe it was filed with with this and Wayne correct me if I'm wrong no because I'm I'm not really sure what it is we can dig it up and find it so yeah okay because it sounds like it wasn't followed if we're years later right 30 years later has it been it was been since like 06 so it's almost 20 years later it has been maintained there are some record documents um okay that there were inspection reports filed with the town so it's just a level of Maintenance you know over time I guess was in question and and we're trying to get it back to the function it's supposed to be functioning it fair enough Brian if I understood correctly um you you agreed you would provide the onm plan to the Conservation Commission yes we can find it great thank you sure okay so uh for the applicant um are you okay with us uh delaying to uh the August 7th meeting no that that's fine okay and so uh what we what I'm hearing from our uh my fellow Commissioners that we expect to have uh in our office by then is the onm plan um the uh and I again I I may be more flexible uh than rich but uh it'd be nice to have a a letter update uh that says uh the Sledge is going to be removed from site no wetlands are going to be crossed and uh update of that um plan proposal that shows the uh limit of work and I I would imagine you could just draw it over over the top right if I understood what you were saying it should be pretty straightforward yes okay all right so I am looking for a motion from the Commissioners to continue this hearing to August 7th so moved rich and a second by Jenny roll call vote Mike I Jeff hi Rich hi Jenny hi Chris hi and I for myself okay thank you thank you thank you Brian thank you everybody there moving along pursuant to Mass General Law chapter 131 section 40 as amended in the town of lunenberg wetlands protection and muncipal bylaws a public hearing for a notice of intent for Timothy K Gendron the revocable trust the project proposal is for construction of a residence duplex Associated driveway and drainage features the location is with within the edges of the bordering vegetated Wetland and buffer of intermittent stream at Crossroad Lot 2 partiel 99 um-1 do we have uh Timothy uh Gendron or his representative here tonight do we recall who was representing them before was it the applicant or an engineer I don't happen to recall myself um but they're not here so we'll move along um I'm G to I'm going to leave this open uh and I'm going to make a note down at the bottom uh Commissioners please help me remember to close this uh hearing we'll either continue it uh or if the applicant will you know where the applicant will show up okay moving along pursuant to Mass General Law chapter 131 section 40 is amended and the town of lunber wetlands protection and Municipal bylaws a public hearing on behalf of fwp realy Partners on behalf of Kevin Hill Landings development LLC for a notice of intent for residential subdivision within the 100 foot uh Wetland buffer zone with paved driveways and bio retention Basin for the area of 791 massab do we have uh the applicant or the representatives here tonight yes uh my name is Jonathan Colette I'm with Haley Ward uh representing the applicant F fwp realy Partners uh very good why don't you um do you have the ability of share uh sharing uh your screen and doing a project overview for us yep I can pull up get everybody reoriented can everybody see that yes so to refresh everybody's memory from June um this is 791 massav uh the site of the Old Stone Farm um store and so the site has is proposed to be split into three uh three lots on each lot is proposed a two family house um with driveways off of massav uh and then um by retention areas uh for storm water um on the site plan here outlined in yellow is the 100 foot buffer zone um in purple is the 50 Foot in red is the uh 30 foot and and then in blue is the wetlands um each of the duplexes is outlined in brown and the bio retention areas in green and so I think where we left off last time um Sophie had some issues um going out on site and finding the all of the flags for the wetlands um and it is my understanding that she has since walked the site um with Matt Morrow and has been able to um verify the location of of each flag um if I'm not mistaken Sophie can you confirm yes that's correct okay and then we uh since the last meeting we have received a d file number um with no comments okay thank you for that um so Sophie uh you you walked uh the wetlands you found the flags uh do there's a delineation make sense to you or did you see any issues I did not see any issues um it was very accurate especially in the uh lot one area um a lot of it is like topography driven um as well as soils um it's a very drastic line um so I don't have any questions on on this delineation thank you and I since you've actually walked out there and I've not had the benefit of walking out there um did you as you were walking through there do you have any concerns that you think the Conservation Commission should be aware of uh with regard to the proposed plan I didn't see anything um in regards to the plan and and being in in the field um I would say uh since our last meeting um it was discussed to kind of stake out um where uh possible boundaries are um for the Wetland um increments um I didn't notice any Stakes for the boundaries themselves um and I think that's that's really the only note that I have so the buffer zones weren't staked out um I did not know I didn't know any Stakes um again it was very very dense um yeah vegetation it was basically a jungle so it's very hard to find even find things hanging from trees ever Mind a foot off the ground we don't we don't always require it just you know when when it seems like you know there's some questions about the um where those buffer zones are relative to the rest of the um project site um at least that's that's when I uh generally call that out okay that covers the notes that I had from the last meeting uh with regard to this what um what is the proposed uh erosion uh control for for this site um I will just scroll to the next page and so um along the green shaded areas is a dashed line um which is the proposed erosion control and what are you proposing for erosion control um silt fence and straw Waddles it is on uh we have a detail of it on the plan on one of the sheets okay okay um do we have any questions from other members of the commission so I'm I'm not seeing any questions for members of the commission uh are there any uh questions from members of the public I'm not seeing any questions from members of the public let me just scroll down it's a long list of people today okay um so I I think I'm looking for a motion or uh questions and concerns okay then I'm I'm just going to uh go go around the room uh and see where the commission uh sits with this Rich you unmuted first what are your thoughts are you in a position to um consider approving this or do you have concerns or questions I am ready to make a motion to approve as submitted thank you Rich second second give that one to Jeff as the second okay thank you uh and roll call vote Mike hi Jeff hi Rich hi Jenny Chris hi and I for myself um that's uh approval of the plan is submitted with standard order conditions thank you thank you every ready for your time okay moving on down the list pursuant to Mass General Law chapter 131 section 40 is amended and the town of ludenberg wetlands protection and Municipal bylaws a public hearing for a request for determination for PJ keing company for the project proposals for the replacement maintenance of work connected to the existing Pump House the location is within 100 feet of bordering vegetated Wetland and priority habitat number 1738 related to for 495 Mr Shirley Road do we have the applicant or their representative here tonight mam chair Greg Roy with dson Roy I'm here representing the applicant hi Greg uh do you want to just share your SC your screen and uh get us reoriented on this one sure bear with me okay so so um last time I started with a l with a with an northo view I apologize I've been under the weather here so I uh apologize if I'm you got my sympathy my uh my throat's a little scratchy tonight too and I've started having a cough it's not headed in the right direction I'm trying I'm trying to Rally here but um I started with the north though but this is the site that is um further east on Lemer Shirley Road from the uh from the what you would think of as the keing is the king uh property which is on Reservoir or or surrounding Reservoir this property is right next to the uh the large Warehouse uh facility that was constructed just to the east of that uh facility um and it's um it's tucked in the back and just for everybody's um every for a quick history lesson uh P PJ Kean company filed an RDA uh several months ago now um the commission asked uh for them to prepare um a formal Wetland delineation and site plan which they hired us to do um so we uh we prepared and submitted this this plan that's before you in advance of the June 5th uh meeting um and we came um we came to that meeting to present this plan um at the same time we filed a um um a letter with the the natural heritage and endangered species program um because we we uh believe that the work proposed um would be exempt from the Massachusetts Endangered Species Act um and we did hear back from them and I'll go over that in a second um but but just to just to uh refresh everybody's memory the the proposed project includes um a replacement well uh for uh processed water for the for the plant um that will replace an existing well that's in the existing uh wellhouse um a new well is right in this location here um and then it would include the construction of a an an addition to the existing wellhouse of 12 feet by 18 and2 ft which is shown here in red um the Wetland system is located up here on the upper portion of the screen we have the 30 foot Zone this which is the first orange line and the 50 Foot uh no build Zone shown and then the 100 foot buffer zone is is is out in this loc area uh location um the entire area here you can see the the um uh semicircle line here green line and then you can see this this fence line all the area within uh those lines is is Disturbed previously Disturbed which is why we felt that the uh the project uh would be exempt from the uh Massachusetts endangered species we have heard back from natural heritage um they agreed with us that the building uh addition is exempt from um from from the from Misa from Massachusetts and danger Species Act but they they felt that the construction of the well head was not exempt from from from the uh from Misa um which quite Franco was a little puzzling to me because the um the proposed addition constitutes more work you know with footings and things a larger footprint of the the the construction of the the addition is is a larger project if you will uh than than the construction of the wall but be that as it may um we are filing with the natural uh with nhp uh a full project review checklist uh for the for the for that work uh for the construction of the well um and that is pending so that that just that sort of just that determination just came down from them um so we are uh in a little we're a little bit the discussion is a little bit Advanced I think the your commission the commission's concern I think at the last meeting was was mainly the uh wanted to hear from the endangered species folks um which we did uh here of course I just summarized that um and I think that your commission expressed the concern with closing the RDA or or issuing a negative determination on the RDA at the last meeting until you heard from natural heritage um I I made the uh the statement that I that I and I and and and I'm going to make the same statement because I think it still holds true that particularly uh now that they've weighed in on on the fact that the the proposed building addition uh would be an exempt um would be an exempt project and we we're filing a project review checklist which is what I which is sort of the worst case scenario that I presented last last uh month to the commission that I believe you could if you felt um that a negative three determination was appropriate that you could you could act on that uh we still have to go forward with the project review checklist and hear from them formally um but you know I I think you could separate the processes um if you uh if you felt um comfortable in all other aspects of the uh of the application and I think I'll leave it at that Madam chair happy to take any questions uh do we have a copy of that letter uh in the office Greg the email they they sent that via email I don't know if you do but well I mean email letter same to me correspondence might be more um inclusive way of saying it yeah no um I don't I don't know that you did get a copy of that to be to be uh honest with you yeah we would definitely it came via email so we would definitely want to have um that so can you forward it to our office I can yeah if I may speak speak my name is Ken da I'm the new environmental compliance manager for PJ keting um hi how are you that letter was uh transmitted by the natural heritage to an a Aubrey at lunenberg mass. on June 25th okay so you that's where that's the uh that's the town manager's uh secretary and uh they should have forwarded it to the office but um I think uh what I would recommend is that you guys ensure that you have the paper trail shown that it got to our office very good okay thanks Ken I appreciate that uh and thank you for that overview Greg uh it's aligned with my own notes uh what I uh had written down is uh my own reluctance to um to proceed because I I have specifically been asked by the uh DP and by um the head of nhp uh to not close requests um that were pending their action uh because uh they would like the Conservation Commission they can't force us to but they would like for us to consider um adding their conditions to our conditions um which is something that I certainly respect and I want to be a good partner uh to those state agencies uh where we can help them um but uh given their comments they believe the building is exempt and the well head is not exempt I'm uh I'm I'm really more inclined to move forward with it unless you want to argue with me Greg that's okay no I didn't I didn't I'm sorry to interrupt I I wanted to suggest that you you could still um you particularly now that we know that we we we filed a project review checklist and that a letter is forthcoming you could do that by you could you could condition that by reference yeah that all that all that you your condition could be that all conditions of the um of the natural heritage and a dangered species decision is complied with we wouldn't object to that because we have to do it anyway I think that's an excellent suggestion and then uh when you do get those conditions uh we will also need you to forward those to our office before we can close out uh anything yeah only other note that I had here uh was the drawings I think if I'm reading my um Chicken Scratch uh correctly the drawings didn't show where any um construction uh material staging was going to be uh I did not have that note written down so I apologize but we would be so we're proposing a uh erosion control barrier right at the edge of the clearing here just to make sure we don't get anything there's actually a natural burm here already um so it's actually that the sight's actually lower than the water really can't get over to the uh the boarding veg of wetland because there's a burm in there um so we'd be we'd be staging uh likely in the front um of this of the existing building in a which is already a gravel area and um okay really don't consider much there's probably not going to be much I mean there's a pretty light duty uh addition here it we'll have Frost walls and things but um it's a it's a um a fairly minor 12 by 18 foot building addition so it's not not likely to be a very significant staging area I for me personally I I'd be happy with you send in a a follow on uh note email correspondence to our office that indicates where that material would be and uh yeah we can commit to to keeping it out of the 50 Foot buffer uh 50 foot no build zone for sure and um we could memorialize that on the sketch or on this plant just to make a quick revision to the plan for you okay that's um that meets all of my concerns um and all of my notes from the previous hearing uh do we have any questions or comments from other members of the commission Madam chair yes Rich just a quick comment I I just hate to get into the approval process before we get all of the data and all of the necessar necessary filings that go with an application I mean I know it is a minuscule issue but I just hate to continually approve projects or be asked to approve projects without getting all of the proper filings federal state and local in before for us so we can take those into consideration before we do make our decision thank you and that was what we you know we held up last week's or yeah last week's meeting for the last time we met yeah and I I hear you rich too I'm really on the fence about it um I think the thing in my mind that uh kind of took me over the edge is the out the building shell itself is exempt and the uh Wellhead interior to the building is the thing that'll be controlled um which I feel like uh you know I I don't I guess I can't imagine that there would be a lot of controls on that that we can manage after the fact but you've been around uh longer than me and have seen more of these things in practice yeah no it's just the overall you know making a decision prior to getting all the pertinent information before us and having to put caveats at this will be followed and that'll be followed because once we do our approval and it goes to the office we generally are are not very good at followup and continuation after decisions are made as a commission I think that's a very fair comment Rich Yeah question and comments from other members of the commission okay then um I'm going going to do a straw poll to see where uh people are with regard to uh making a decision today or uh holding off uh in alignment with uh Rich until uh nhp has uh reached their uh sent out their um conditions on the non-exempt activities uh Mike uh where do you stand on that because I concur with Rich uh it seems like it's difficult enough just to get all of the stuff in front of us and approve it than to have to go backwards and remember oh yeah we had this contingency and that contingency so to make it easier for all of us I um I agree with Rich if if he doesn't mind waiting um you know until the next meeting when everything else all these things are in place and easy for us to uh to do a vote on it I think that's the way I would like to proceed as well okay I would just caveat that I I suspect that the applicant does mine um but I think um the ask of you is what do you think is um uh the right thing to do with your understanding of the process and whatnot and I think we've heard that in that regard but I think it's what you think is the right thing to do yes Madam chair I do okay thank you for that Mike all right Jeff I'd have to agree with Rich too I think we just need to wait out on this one another couple of weeks to see if we get a determination then we can I'll make a much more informative vote okay thank you thank you for that uh Rich we've heard your views uh Jenny I would also agree with Rich I think that it makes sense to approve everything at once if approved okay thank you uh Chris oh Chris I thought you came off mute and then you went right back on mute I'm back yeah uh Chris I I heard you say hi Mary and that well that was all I heard um so are you uh prefer to wait or proceed proceed okay uh well it seems like it seems like we're more uh more right now as a body in favor of waiting uh and not proceeding uh so Greg I I would recommend that you ask for a continuation to uh to our next hearing uh because if we force to vote right now it might not go in your favor yeah understood so we will uh we will do that yeah okay I'm looking for a motion to continue to August 8th so moved second second he a motion by uh Jeff um a motion by Rich and a second by Jeff Roll Call vote Mike I Jeff hi Rich hi Jenny hi Chris I and I for myself okay thank you uh thank thank you Greg thanks everybody I should say thank you Greg and Ken um okay moving along pursuant to Mass General Law chapter 131 section 40 is amended in the town of lunenberg wetlands protection and Municipal bylaws a public hearing on an abbreviated notice of resource area delineation by Kevin O'Brien at 390 Howard Street um do we have the applicant Andor their representatives here tonight and Sophie were we expecting um these applicants here tonight um I I was hoping that somebody would be here to possibly discuss um there was uh a visit uh on 79 uh with Chuck Karen and I wasn't able to attend so I thought Matt was going to uh the representative was going to show but there was no uh yes or no definite um be here okay answer okay so um why don't you reach out to uh Matt and uh get their uh confirmation uh when they can show up next right and we'll uh we'll continue this um to the next hearing but um chase him down between now and then and see if they need to continue to a future hearing okay okay so I'm looking for a motion to continue to 87 for this so moved second thank you rich thank you Jenny roll call vote Mike hi Jeff hi Rich hi Jenny hi Chris hi and I for myself okay moving along um pursuant to Mass General Law chapter 131 section 40 is amended in the town of Lun Wetlands protection and Municipal bylaws a public hearing on a notice of intent by Stephan mcweeney for the construction of a single family home an Associated site work at 255 Sunny Hill Road uh do we have the applicant Andor the representatives here tonight marete here from Mardi engineering and Mary and dependo from Three Oaks environmental okay very good um why don't you guys um share uh and uh bring us uh back up to speed with where we are with this project great one second all right so if you recall we we've um been discussing this parel now for um believe we filed in September um continue to figure out some design modifications uh we had some communication with the abutter uh we met on site back and I believe it was March February March uh with Bob peas and the conservation agent uh to review Wetland lines there were some field modifications made at that time uh we met in April and discussed the plan with the modifications and in April at that time the commission asked for a third-party peer review um G Consulting was hired to do a thirdparty peer review uh they conducted their review in June they provided a report uh there were some flags that we did not agree with and we wanted to meet with Gard on site um and the commission to review uh it took a month we weren't able to get any Commissioners on site with us but we did get a site visit with godard's uh Wetland scientist in Sophia uh to meet us out there um they met us out there uh a couple days ago on um I believe it was Monday or Tuesday yesterday so I had the surveyor go out there first thing this morning uh they made modifications to uh four or five of the flags um so between gard and and Three Oaks environmental and Sophia we came to an agreement on the final location of these Wetland Flags um and I provided a plan this afternoon to document the um you know final Wetland designation here delineation that's bought into by both C GED Consulting and our our Wetland scientist Marion depento uh and it was all witnessed by Sophia um so that's the plan we're looking at here on the screen it's just a matter of the four or five Flags total uh change o over uh the uh combined guarded report and M yeah so the plan that you see here is um a compilation of the GED modifications versus uh our initial delineation so this plan shows them both um flag A1 which was here was maintained um let me see if I can zoom in a little bit here so you can see flag A1 was both GED and MaryAnn's our Wetland line is the gray shaded back line right here flag A2 moved two feet to here so the red line represents godard's modified flag so there's a minor deviation here that we just agreed to we don't argue with that um A3 and four our godage flags here in red ra3 and four uh are right here and four is the same flag so really it was just flag two and three are the ones got it moved out here was a minor change um our our Wetland line continues to a4.248 is in the same location uh our line jumped over to A4 right here and the g Wetland scientists added two flags uphill here a 4.31 4.32 um these flags were moved based in maryan you can correct me if I'm wrong um more on the under story of wetland vegetation um and that's creeping up the hill towards where the offsite drainage trench is dumping water so over time all the water that we're getting from the neighbors's drainage is starting to creep the Wetland vegetation uphill um it is not storm it's not run off from a wetland resource area offsite it's strictly from their storm water from their property so that's mainly the reason why we were arguing the point um it's not a wetland that's generated based on the large Wetland system that's Upstream of the property this is from storm water runoff coming from the neighbors uphill um so anyway you can see flag a431 432 R new um and a443 R which is right here so these three flags were added a44 here is MaryAnn's line um it was about 4 feet uphill uh got removed the flag uh we just ified all these based on both Wetland vegetation and hydric soil um so this flag moved slightly A5 here we move slightly so these are the ones that basically we had contested we came to an agreement that we moved them a little bit closer to where it was and we proved that by digging test pits there and showing the the soil was not hydric so he was able to move his Flags further downhill closer to our flags and then again here A7 is basically he bought into our flag uh and then we just agreed with his other delineation he bumped the Wetland out in this location you can see A8 n 10 and 11 in Gray are our flags GED move these flags uphill um we did have some issues with it again because of soils vegetation but we didn't want to argue them because the buffer zone didn't impact um our house location we still had room outside of the 50 Foot no structure Zone to fit the house so we agreed to use the GD Flags in this location um Gard bought our flags a 11 12 13 14 A5 um got a thought the Wetland was about five feet further uphill so he just decided to delete he recommended just deleting a15 and connect A14 to a16 so we agreed to that um and then proceeding further uphill he bought our a17 he agreed to 171 um but he thought the wetlands here were higher than our 17.2 so he added two flags um about five feet uphill of our a7.2 and offsite yeah and this is the property line so from here we start going off property um but we collected in our survey and we located them on the plan just to show that um even with Gage flags as they are we're still outside this is the 30 foot no touch this is the 50 Foot no structure so we can still locate our house outside of the 50 Foot no structure Zone um and then our flags continued further here off site as they were existing uh the other point in gard's initial report was that he wanted us to review offsite here this is up in the farmer's adjacent field he hung two flags to consider a intermittent stream um that was coming off the abing property um Maran I don't know if you can speak to that why we we reviewed it and determined with them that it was not up applicable right yeah Sophia and I looked at it and we could not find a stream channel spoke to him about it he had said he was going to he was going to go check agreed with us that there was no obvious stream channel at that point it's just the way the water was coming off the field after a rainstorm yeah and also want to know both of these flags even if we put a 100 foot buffer around the full Flags um it still did not encroach onto our house or within the property so we were still outside of both the 30 foot no touch the 50ft no structure and the 100 foot so so those are the lines the red lines are the revised buffer zone lines um so everything in the driveway Still Remains the Same we're still coming through um the 50 Foot no structure with the driveway the 30 foot no touch and we do have Wetland Phil involved in here um the Gard Consulting Wetland impact now with the revised layout this latest bought in plan um resulted in um about 1700 total square feet of wetland Phil where the previous Plan before we use any godded lines we were at 1,400 Square fet so it was only about 300 more square feet of wetland that in um so I I do have a question Brian uh so the flags that you're showing as your as Mary and DEP Pino's Flags they don't align with the first site visit that I made uh where the wetlands were delineated so where where um when did um the ones that you're citing as um the pre-existing ones when when was that delineation done so the initial iation was done back in I believe August of last year and then back in March uh Bob peas walked the site with Maryann and the only flags that were changed based on Bob pe's site inspection was the Wetland line was right in here and we bumped I think it was flag this flag here so a41 42 4 three so we we just bumped this section out slightly and that was the limit of what was moved back in March God had reviewed it God had agreed with it okay and why why was the original deliniation the first delineation so different from the second delineation uh I don't believe it's that different um we the uh in March when there was less vegetation showing um once we get some more plants in there uh the line came up to reflect the vegetation the shrubs that were there had started to Leaf out and they were more evident as to what they were um so we pulled the line up when Bob was there uh we pulled the line up to Encompass the uh shrubs that were at Wetland indicators and again it was three it was just three flags in this location right and again I want to point out three flags right here which is immediately Downstream of the neighbors right um Foundation drain the discharge is right here and that's the location where those three flags are located in uh ged's recent report that was submitted today uh we concluded that the Wetland vegetation on the neighbor's property um arises from the amount of water that's being delivered there and there are Wetland plants that have come in but the soils themselves have not changed uh because of the increased recent hydrology changes um and the soils are definitely Upland and we've augured all around in there and they're all Upland soil uh so the line varied a little bit from the original delineation but not very much and uh Maryann when you say the original delineation you mean the one from August uh August and and a slight change in March there they had a significant change on the backside with flag A10 I disagreed with that flag I think it's it's halfway between yeah that one there halfway between mine and but we kept his flag it you know St going Flag by flag and disputing it it it wasn't necessary so okay um just to uh dial in you know we didn't have the benefit of uh walking out there together uh but when I walked uh this property uh a couple of weeks ago um and then uh also several times um during uh November December January time frame I was really surprised to see um Flags going through what really clearly seemed to be wetlands and that would have been from your August uh delineation right um so it's the drainage off the other property and the soils were distinctly Upland uh for the most part now we've adjusted some flags as the soils were changing to be hydric I would say a A7 has adjusted dramatically yeah I moved a174 up the hill some too yeah um yeah a77 when I was out there in November A7 kind of cut horizonally across the drawing there right through the Wetland y so anyway yes yep it that was not evident when I was out there it was very dry at that point and uh for what for whatever reason uh try to recollect now but going back out there seeing his flags and see actually when we went back out there in the spring and Bob was there I adjusted some of those flags as well Sophia was there as well um so those flags were adjusted in March as well based on the new information okay so the um do we have any questions or comments from members of the commission uh regarding the uh new and changed um delineations Chris oh Chris you raised your hand and then you went on mute sorry about that what I I need a little education so it seems to me that some of these flags were determined uh locations were determined based on the source of the the water so if it was from a neighbors even though we agreed that it's Wetlands it's because of the source that it's okay I no no the Swale actually is not a resource area and dead ends and overflows periodically but there's no distinct Channel and all of the soil between that the end of that Swale and where the Wetland line is is Upland soil it's distinctly Upland what happens is because the water is is sheeting over the surface there from this newly constructed sale the herbaceous layer the the uh sensitive Fern and similar herbaceous plants have come in rapidly and they tend to do that when they they when the soil at the surface is damp but the trees and shrubs are still Upland and the soils were Upland so that was that was the issue um even though there was water being dumped onto the property it was not coming from a wetland it was wasn't coming through a wetland um and Chris to answer your question um regardless of the source of water once once it's naturalized as a wetland right it's a wetland it's protected right yeah the soil would change over time and it would become a wetland um this design is going to take that water and bring it through the driveway and deliver it towards the Wetland to maintain the the connection of water flow to the Wetland and not interrupt it Chris does that answer your question yes thank you do we have other questions about the uh Wetland uh delineation okay so uh for members of the commission do we have um other questions in general about the plan that we have in front of us he quick question Madam chair I see a structure on the neighbors's property a concrete or PVC Basin drain I just want to ensure that we have permission for that we do M Mr Patton is on this call or the meeting so he may able to speak to it but we've had several conversations with the neighbor understanding that the majority of the issues were running into with permitting here is because of the amount of storm water runoff as being discharged from the abing neighbors uh onto the property um specifically that location basically his underr that's by his driveway um there's a there's another pipe connection that comes from the abing on the other side of his house and the neighbors flow comes off their Hill uh down the street on Sunny Hill and flows into Mr Patton's yard it's collected in a catch Basin yard drain in his yard and it's routed over to that location where the six train is um and that's where a lot of water source is coming that crosses onto our property and then again the large whale here that runs off property uh runs all the way up I believe three or four neighbors houses in their backyards a few years ago the neighbors dug that trench all the way down the hill to direct runoff away from their yards and dumped it down onto the client's property the applicant's property which is causing again our Wetland issue we're having here and the wetlands are creeping more and more into the property uh so we're planning to collect it at both of these locations and pipe it directly under our driveway to discharge to the Wetland resource area so the storm water as it is is still going to get to the Wetland uh we're just going to control it and let it flow under the driveway into a u uh you know a rip wrap scour pad and let it slowly trickle back down to the Wetland we have discussed this with the neighbors um and they were willing to uh allow this to be part of the scope work okay and so in that area where you're showing the um 6 to 12 inch depression around the Basin uh that seems like that's a general vicinity of where uh Mr Patton had uh it looked like a spring bubbling up uh yes and that's where the drain is okay so there's actually a drain in there huh yeah yep okay interesting um do we have questions or comments from uh Commissioners on yeah anything with regard to this uh proposed project and uh Sophie uh I'll call on you too uh so uh did you have any uh concerns about the plan uh or the delineation as proposed now um ask are rehashing everything several times delineation seems to finally make sense um but a concern did just pop up in my head as we're going over this since there isn't a a natural starting point for this water since it was manipulated uh several years ago and this is It's kind of uh I guess I consider it um a ion Water Resource going into a naturalized Wetland I'm just worried about how that would the the redirection and uh flow of more water um into the Wetland in that plan would affect the existing Wetland as it is now it's the same water getting there we're just directing it all of the water from that Hillside before the swell was created came down the hillside ended up in the backyards floow across and went to the Wetland so it's the same volume of water um it builds up it goes through underground in places overground sometimes depending upon the volume of water that's coming off the site but it all ends up there eventually um so we're not robbing the Wetland of water and nor are we increasing it and um is there a a like a changed um um some sort of report since the plan changed no the drainage analysis the drainage analysis is the same for our site nothing is changing that's the water the same water that got there before is getting there now and a drainage analysis includes the storm water impacts from our the rooftop goes to the drywall the driveway goes to the pstone diaphragm and down to our rain Garden that was all captured in the initial storm water report and Sophie do you have a copy of these plans for some reason the um file structure is not letting me access the folder for this meeting that was all part of the initial filing this plan um is what I'm asking about if we have a copy of this in our archive yes this plan was was filed today um that would be the reason why um it's not in there a lot of these things were submitted today and I was very busy and wasn't able to scramble to uh get that in there for review or sharing okay okay and so uh again uh Brian what is the uh what is the fill area what's what's the Wetland area that's actually being filled so we have a detail here that shows in the driveway this highlighted area is the area of wetland fil so it's 1792 Square F feet we had, 1400 square feet previously 14 something so this is the square footage that we're filling and then we show the replication plan at 2: one of um what is going to be replicated here's all the species uh and there's list detail noted up the a of the replication so profile that's all memorialized on the updated plan filed today okay and it is a two to one replication as Richard corrected me on it's part of our last filing your discussion back in um April and the replication area is uh it's all immediately adjacent to the Wetland just downhill of the house oh okay okay and that's 3500 or so square feet yes two to one yep so you see on the original plan this highlighted area right here is the replication area it's on the lowest lowest portion of the site immediately abing the weap okay okay so I don't um I don't have questions uh I'll do uh and I I for one would uh like to look at the drawings and go back out there and look at the changed Flags uh that's my personal preference um because there's been so much um contention out there uh but I'll go around the room and uh talk to the Commissioners about about where their mindset is if they're looking for additional information need information need time to review the revisions um or are ready to make a decision today uh so I'll I'll pick on Jeff first now Jeff what are your thoughts oh yeah this is a tough one um I mean it it seems like it it's been worked and it's been kind of shoehorned in there and it I I really don't see any issues on my end as far as our regulations and the mass regulations so um I'd be ready to vote on this tonight and if I could I mean we we have you know the applicant has done everything and anything the commission's asked we've had third party reviewers we've had them back out a second time so you know I don't I don't see how another site visit is going to change anything with this Wetland line it's kind of been you know thoroughly reviewed and and vetted at this point uh Rich what are your thoughts yeah I was able to open up the plan and I'm looking at it now I mean as Jeff said it's been worked and reworked as much as possible so I I don't see much else that I need to see to make a decision this evening okay very good Jenny I actually can't vote on this one oh right it started before you uh yeah we're commission okay uh but your s thoughts are still valid do you have any other concerns about the uh project or uh questions no I do agree with you as far as the Wetland flagging goes just because I was out there with you the last time that we went on a sidewalk um a couple weeks ago and I I think it would be nice to see them again um and see what's changed but again I can't vote on this one so fair enough uh Chris yeah I've walked this and I don't like the proposal but I don't see anything that I can um turn down on this even if we did another s sidewalk I don't think there's going to be anything in here that's going to stop it but um unfortunately I mean like I said I don't really care for this proposal but there's nothing I can do to not approve it it does it does satisfy all the all the requirements okay thank you Chris Mike yeah it looks like there's a lot been a lot of compromise uh from all the flaggers and I commend them for doing all of that and I see it as a complicated project but uh I want to call it smoke in mirrors you know moving one flag to accommodate soils and or plants or water but uh all in all I think I would go ahead and make a decision this evening on this okay um and so uh do the commission uh find uh any uh any special uh order conditions that need to be specified and uh while people are thinking about that I'll uh I'll see if there are any members of the public uh that wish to uh comment at this time uh Ken and uh would you state your name and address for the record and pattent 290 lemonster Road uh I I live adjacent to the site um I don't have any objections to what's been shown here tonight uh but I do have a clarification that um 6 inch drain that I have that uh that that's picked up on my property there it actually is probably um 30 to 40 feet uh to the north Northeast of of what's been shown there um I would say it's probably located right about where elevation 472 is written on the driveway on the new driveway see that 472 yeah right there that's probably just about the location of where it dumps out so it's it's not it's not located where that spring is that makes a lot more sense in my mind um and that's you're saying that down here is where that 6 inch comes out like you have a 4 inch coming out from your foundation drain down here right yeah no I'm saying at elevation 470 I do hear what you're saying this this is where the the applicant had had discussions I believe with someone in town about the location of this pipe and where that yard drain discharged so if this location isn't accurate we would just move it to you know further down where that pipe is actually located but we were told and we're under the impression this is where it was yeah if you if you check with the applicant Brian he'll tell you that conversation was with me okay and I showed I showed them where it was and it's really close to that 472 so I I think that's just an easy fix on on your part and I I recommend if possible we just make a condition that the location of that drain is verified and you know and shown on plan or updated and provide to the agent um Prov the construction yeah uh and I I actually appreciate how you've done it done it there just it's in the wrong location okay just Brian will there be access into that box how does basically it's it's just a yard drain it's like a catch Basin so there's a if if there's water pooling I wanted to depress it so the lot of that flows into that location uh is collected and piped out so it's easily accessible you can pull the rim off it and clean it uh perfect y okay that's all comments that I have thank you Ken I'm not seeing any other hands raised um so I uh think I'm looking for a motion by the commission with a condition that that uh 6in pipe drain be relocated and submitted to the uh uh administrator prior to uh the letter of of order conditions being issued I just Madam chair I just thought of one other question but is um yeah go whose responsibility is that to maintain that drain I mean it would be like does that other homeowner have permission from the property owner to clear that drain if it does back up into his house I mean that seems kind of it's on his land oh it's public land no it's on H Pat Mr Patton's land so he's going to maintain it he wouldn't want the water backing up on his property it's on his property so he would maintain the inlet but who would u i mean what if there was a Outlets not accessible yeah we we we I'm assuming we would agree there would be a a easement maintenance agreement as part of the deed of the purchaser of this house okay okay so that would that would be incorporated there's okay I don't think there's any land use attorney who would be putting Deeds together would would not have a maintenance agreement in place yeah okay just wanted to make sure okay and Mr Patton has agreed to work with us with that perfect thank you good question Jeff uh Ken you had another question or comment yes and uh I really appreciate what Brian just said about the maintenance easement on the deed yes because that that has been something that I in the back of my mind I've been concerned about and and that would alleviate um my concern for both that six inch drain and and then the um my Foundation drain yes that'd be perfect we've discussed it with the applicant he's more than aware of it and he's he's in total agreement to do we've done the same thing on other projects in town excellent okay so then the applicant actually agrees to uh a maintenance easement yes to that drain yes because one of the things I noticed you said before was I assume um but you're actually confirming that that's been agreed to yeah okay I have nothing further thank you Ken okay so I'm looking for a motion uh from my uh commission so moved second okay and uh to my motion or and my second uh do you agree that uh on the condition that the 6-in pipe drain be moved on the drawing uh before we issued the letter uh the order conditions or are you motioning uh for a different uh routing of that rich you were the oral yeah so is it the 4 inch drain or the the 6 inch out of the catch Basin he's taking the 6 inch here he's saying the 6 in actually discharges a little further to the I guess e and and that's consistent with my own uh memory of the property as well yeah so I mean if possible I'd rather not have it passed out before you issue the order i' just say before it's installed it'll have to be an updated plan will be provided to the conservation agent for record I would be good with that I'll accept that as well so that would be a special condition Madam chair okay okay so uh roll call vote Mike hi Jeff hi Rich hi Jenny's not eligible to vote Chris I and I for myself okay so that's the uh that's the approval with a special condition that the 6in strain uh pipe location is uh updated uh and the drawing submitted to our uh office uh prior to that drain pipe being installed okay moving along thank you thank you very much pursuant to Mass General Law chapter 131 section 40 is amended in the town of lunenberg wetlands protection and Municipal bylaws a public hearing on a notice of intent by Steve Powell for the construction of a single family home and Associated site workor at 171 Arbor Street do we have um Steve or his Representatives here tonight uh yeah Brian maret here uh so we've finally agreed um we've been working with the attorneys in the abutter um on a purchase and sale agreement uh we had to negotiate with him because we needed 11 feet of his Frontage uh in order to work out this common driveway plan um we just finalized last week so the abutter gave us the uh green light to now move forward with zba so we have to go to the zoning board of appeals first um to allow him to grant us 11 feet of his Frontage um before we can finalize this plan so we're going to ask for a continuance um I would say likely it's going to be at least a month because we have to go through the zba process um and then I can come back to you now with the revised notice of intent plan and just so you know the revised noi plan is going to be significantly less of an impact because of the process we've gone through with nesap um to remove a significant portion of the property from the development because of the blindings turtle so when we come back it'll basically be just uh working the buffer zone for the backyard of one house okay um very good So when you say a month do you mean uh August 21st or yes i' keep it there we're probably going to be at a meeting in August with zba if they you know continue or something and I need another month I'll just request to continue with the de okay yeah easy enough to do yeah okay I'm looking for a motion by the members of the commission for August 21st for August 21st yeah for so move second okay rich and Mike thank you uh roll call vote uh Chris St Germaine hi Jenny I think you aren't allowed to vote on this one either are you this predates me too yeah uh Rich bur hi Jeff hi Mike hi and I for myself thank you okay so did we ever have uh somebody from Crossroad lot to partiel um join our our call and I am not seeing anybody with raised hand nor am I seeing anybody come off mute uh with an attempt to talk to us so I uh think I'm looking for motion to continue uh Crossroad Lot 2 parcel 99-111 to uh August 7th so second second okay uh motion by Chris and a second by Jenny roll call vote Mike hi Jeff hi Rich hi Jenny hi Chris hi and I for myself okay that closes out our dangling uh hearing that is all of the uh new project hearings uh that we've uh heard new and continued uh so we'll move along to administrative determinations 67 Peninsula Drive uh Sophie yes um so this was a proposal for uh the removal um and replacement of of four hemlock trees that are very clearly diseased with Will adalid um it's textbook will dalid um so those trees are struggling and as well as a uh half dead um white pine tree this I can pull up uh a few photos really quickly to show that well let's hear from the commission do you want to see the photos or you just want to get Sophie's advice I'm inclined to just hear your advice okay I am as well same here and what's your what's your advice in this regard oh Mike sorry uh me too um I would definitely approve um the removal of these trees and replacing with varieties as per osed on the plan and what were the um what were they proposing to replace with ar provides you said yes okay any questions or concerns for Sophie I'm looking for a motion so do I have a second I Jenny thank you second uh second roll call vote uh Mike hi Jeff hi Rich hi Jenny hi Chris I and I for myself okay uh let's move along to certificates of compliance uh for Sunset Lane uh Sophie um yes I um sorry I can move my screen to read There were some revisions to the patio and retaining wall but overall less square footage of impervious surfaces um on this one so I would I would approve this okay looking for a motion uh or any questions or comments any question questions or comments okay I'm not seeing any I'm looking for motion moved second motion by Rich second by Jenny roll call vote Mike hi Jeff hi Rich hi Jenny hi Chris hi and I for myself okay Sophie uh 245 homman Street lot three um I would approve this COC okay any questions uh by members of the commission okay I'm looking for a motion so moved Thank you Rich second roll call vote Mike I Jeff I rich I Jenny hi Chris hi I for myself approved uh 251 homman Street Lot 4 Sophie also approve uh any questions comments by members of commission looking for a motion to approve okay uh I'm going to say uh Jenny and Mike okay roll call vote Mike I Jeff I rich hi Jenny Chris hi and I for myself okay uh 512 uh Northfield Road Sophie also approve any questions or comments from members of the commission okay um looking for a motion move second uh motion by Rich second by Chris uh roll call vote Mike hi Jeff I rich hi Jenny hi Chris hi and I for myself 41 Country Road Sophie we'll just continue this streak can approve this one too very good questions comments or motions he I got a motion to approve by Rich I think and a second by somebody else actually it was me oh it was you very good Mike okay so a motion by Mike and a second by second okay rich okay roll call vote Mike hi Jeff hi Rich hi Jenny H Chris hi and I for myself okay now Sophie I think there is an error on the uh list of certificates of compliance because I think 23 Cove Road had also applied for certificate of compliance yes that's correct that's correct my name is attorney Jack Morad for 23 Cove Road okay um Jack normally we wait on the chair to call on us uh before we speak but um you may not be as uh familiar with the zoom right so uh I certainly understand that um so Sophie um well first off let me just ask as a matter of order since the since the update wasn't published with 23 Cove Road as a uh certificate of compliance um are we able to entertain that uh conversation tonight and I'm asking uh fellow members of the commission rich I usually lean on you for the uh heavyweight uh advice here I'm just looking quick to see how it was posted was posted as a certif it was posted as a yeah and what was the um the order of condition date the order conditions was uh was am I supposed to answer this I'm sorry Mary I think it's 1997 if I recall or 19 1995 um from John espacito this was two Deeds back um my client purchased this property the title exams missed this a couple times this was 50 Cove Road um it was split into a couple Lots um my client has 23 Cove Road so his his uh this order of conditions covers this the slot as well as a lot specific order of conditions for that property um we're seeking a certificate of compliance we applied to get on the agenda couple agendas back we were able to get on this one um but it incorrectly states that um we are under the violations enforcements actions and hearing section Rich does that answer your question it does I unfortunately last time I saw this address we had a violation on it was the violation dealt with yes as far as my my my client's also on this uh on this Zoom his attorney at the time along with himself had had resolved this issue years back yeah I'd be more than happy to provide some clarification on this I believe that just about every member on the board currently was president at that meeting with the exception of one um it's actually just uh to correct uh my attorneys it's actually was 50 Sandy Co road and it is on file with the town as 50 Sandy Co Road and the order conditions was pulled against the installation of the septic system which has been put in has been put in you know in place for 29 years and has had passed two title fives so we do know that the records are on file I just think this was something that jonis bazito didn't fall through on um the house is currently under contract to be sold and this is uh holding up that that sale and I have been corresponding back and forth with Sophia in regards to this issue and she assured me that this that was a mistake and that she had made an attempt to fix it um and put it back under the certificate compliance rather than in enforcement actions but she was unfortunately was not able to correct that mistake thank you Robert um thank you Jack uh Sophie um yeah I think I'll call on you now um to talk to us about your s sidewalk um um so according to the plans that I managed to D up today um the septic system was installed in the location um correlating with the plan so that is um that is all set um upon my inspection I also noted um some changes that may have occurred um sometime between possibly 2020 um and possibly 2021 there are uh there's a large area of I guess you could say PE stone that um I located approximately seven possibly seven feet from the bank of the stream um that runs along the back of the uh the house and um it's around the rais garden beds previously it was a um looking at maps and other images from past violations um that was uh previously mulched a mulched area and has changed from mulch to filled with um Stone of some sort yeah if I if I could chime in on that uh Mary I can explain so there was an enforcement order issued against the property that had been resolved um in July of 2023 that had nothing to do with the original order of conditions for the septic system and it was regards to a greenhouse and that we attended several hearings and had that issue resolved um at the time of those hearings uh we had hired Oxo that came out provided you guys with the the documentation that they found for the delineation the stone was present at the time because the stone was put down at the same time as the greenhouse um so that is a previous enforcement action that has already been resolved by the Conservation Commission um and was signed off on in July of 2023 and when we move actually if you look at the first prior meeting from the July what was the date on that Trace uh 7523 the previous meeting agenda had 23 Cove Road on the agenda for the enforcement order and then it was closed out um I believe we had some additional conversation with other members of the board that recall the original project that uh John ESP pazo worked on for this property um so that issue has already been addressed and had been resolved with the Conservation Commission a year ago so we be reopening we would be re we would be the Conservation Commission would be readdressing an issue that had already been resolved previously which I have documented as well as copies of the videos the YouTube meetings where it was discussed and the board unanimously decided close the enforcement order the M there was never any mulch in that area it has always been pet Stone from the day that the greenhouse was built and we agreed to take the greenhouse down in regards to the enforcement order because it was a new ruling put in place I guess for the 100 100 foot zone or whatever and there was no other place in the property to put the greenhouse and the greenhouse was taken down and removed um Anna Petri I believe was the admin at the time who went out and inspected the property um and reported back to the Conservation Commission that we follow through on Our obligation and what the Conservation Commission wanted us to do in regards to the enforcement order and then the issue was closed now I know that Sophia is actually fairly new to the Conservation Commission she may not be aware of that history um but that was like I said that was an issue that was resolved a year ago that actually started in 20 early 2021 thank you you're welcome matter matter of fact M I think that you chimed in during that meeting and said that was your feeling was unfortunate that I had to hit the greenhouse down but he felt that it was necessary so we did proceed and do as the Conservation Commission at the conservation commission's wishes um took the greenhouse down and removed it from the property uh yeah I do recall that and I actually have had the benefit of uh going back and reviewing the meeting minutes from that history as well so rich uh again looking for your advice uh for the uh certificate of compliance was requested but it was posted an error on the uh on the agenda uh can we do you think we can legitimately uh close that uh based on Sophie's advice and the conversation here tonight yeah because the address was posted on the agenda it's an administrative action and we can always just take it up as a unknown topic we weren't aware that it was posted in the wrong spot 48 hour the meeting fair enough so I think I'm looking for a motion to approve so moved second Mike thank you Mike roll call vote Mike hi Jeff hi Rich hi Jenny hi Chris hi and I for myself thank you everybody for your assist thank you okay moving along in the agenda um do we have uh any updates on uh enforcement uh Sophie um I don't have any updates uh movement I just added 10 massav back on to the agenda um just to keep track of it um thank you for that yeah I know that a couple meetings ago it was stated that um you would give them we would give them uh 30 days to file and I have yet to receive a a filing from them then I think we need to um proceed with a violation notice that would be the next step uh in my mind uh because it's it's been a long time and I'm certain more than 30 days I also noted um that driving by uh the equipment that was parked in one spot for probably a couple months now has moved I haven't been able to investigate further I just know that it was moved as I recall in the back there they had some erosion control but they kept uh the erosion control kept failing so I think it would be important um for you to get back there uh and look and see if the erosion control is uh needs any any maintenance work um yeah and of course do it with permission since they haven't actually filed uh they haven't given us formal permission um but as I recall the uh applicant was actually the Lei that was running the business at that property and if I recall correctly uh they were informed that they needed to file prior to um work stepping in yes um so I think they were already given that warning I'll have to double check but I believe it is the next step would be enforcement Andor uh fines okay agreed any questions or comments there on 10 massav Sophie any other um updates on uh our enforcements violations yes 40 Fire Road 12 um the area that belongs to the town the town yep um I went there this week um one party had uh taken responsibility and initiative and removed the pavement um there is gravel left and um there are there's a large stack of of wood and other various tools and equipment and debris still within close proximity of where the the pavement was removed um and I believe so they've removed the uh boats and the trailers and all of those things as well yes okay yeah so that All That Remains is that debris and the um gravel from underneath the the original pavement okay that's progress um what was the um when did their uh order conditions expire I don't recall off the top my head I believe early July or mid it was July it was July sometime I just can't remember if it was early or late um but I know they were trying to contact at the office and I I think they had trouble um somehow reaching reaching me um but finally got on contact uh last last Thursday so I scheduled a visit immediately and went out there okay uh so then uh you will walk them through the rest of the process or at least assist them and instruct them on the rest of the process because I I think it seemed apparent when they um came to the last hearing that they didn't know what to do can can you be um can you elaborate on the rest of the process and what you mean by that well they have a uh order of conditions um so uh they need to decide if they you know and I would think that they would want to be talking to you about whether they've met those conditions and when they've met those conditions they would request a certificate of compliance yeah yes so that's um that's what I meant okay yeah I'll I'll be in correspondence with them and I'll let them know what they what they need to do filing wise next steps okay thank you um any other updates on enforcements violations um no that's all okay um 205 Sunset Lane I think we have uh D hearing on the 20 is it the 22nd or the 24th I can't remember I have it on my calendar I just have pulling up my calendar the 24th at 11: a.m. on site okay very good Jeff Quick Draw and I actually was going to try to attend that um but I have I just got a reminder for a medical appointment that morning too down in Worcester so um I might be late uh Sophie just so you know and I think Chris you said you were going to try to attend as well yes I could make that okay okay I'll do my best as well that I'm sure that would be great Jeff because I think you've got um a lot of the history on that would be helpful I do yeah yeah I live right down the street so yeah um okay uh very good uh moving along to uh new business um Sophie you circulated a Conservation Commission schedule the meeting schedule yeah um yes that um I sent a kind of tentative uh schedule out so that we can kind of get a grip on the future um and I was hoping that the commission had some time prior to this meeting to review it and have any thought or changes that they would want to see before um my assistant and I work on um changing the deadlines and trying to meet the uh the time frames associated with the meeting schedule I've seen it but I've not had a chance to uh Circle back to it I um I can try to do that maybe this weekend I don't know um if anybody else Jenny you want to help me with that maybe definitely but I don't think that I got this was this an email um yes did you circulate it to um all members of the commission uh Sophie or just to me and Bob um that is a good question I would hope that it went to every St but um regardless that's an easy thing to fix so um I can make certain that you have it Jenny as well great I think yeah the interest that we have is that make it certain that we aren't um you know scheduling a meeting on Christmas Eve or you know maybe even Thanksgiving Eve or uh you know national holidays and and whatnot right so okay and um Bob's not here so I don't have I don't have any updates on the beaver deceiver at the calry um well I'll ask him to uh send us an email update on that um and Sophie we have uh chapter 61b abatement uh for 20 Kilburn and uh my recollection from last week was that the conservation Comm commission um discussed that uh voted not to take action um to pursue or recommend pursuing um purchase of that and uh took a vote to authorize uh Bob uh who is then acting chair of the meeting to notify the select board uh which he has done and I similarly uh sent a notification to the open space Planning Commission so I think that's closed unless a new issue has come up okay uh did we have any uh any topics that have come up in the last 48 hours that we needed to discuss oh I see Mr uh Gibbons you've raised your hand um let me call on you thank you madam chair I'm sorry I don't see the uh the telephone or the electronic handraiser but but I app okay so so I just wanted to be clear because I'm here on the Kilburn matter and and I didn't realize that it was voted on last week I wouldn't have spent a couple hours waiting to be called oh my goodness I'm sorry about that yeah I I talked with Sophia um so but but just so I'm clear it was voted on last week not to to suggest that the selectman not exercise the right of first refusal yeah um and I could give you a little bit of background on that uh the uh you know and I I was interacting with the Conservation Commission last week as uh a regular commissioner uh and I'm just at acting chair tonight uh for the meet you know purposes to us we have to have a chair to host the meeting um but uh I advocated that we not um exercise the first right of refusal because we have it's impractical um for the first part we have 120 days to complete the purchase that's not to issue an offer right uh and as it's it's almost impossible to do that with 120 days when you have alignment of all of the commissions within the first 30 days so it's it's impractical um from that perspective it's also impractical when they um property owner has already uh gotten approval on substantial improvements to the frontage of those properties then uh the price of the Parcels goes up significantly as well as additional cost for the town and um and then uh and I I'll just say listen I'm Avid Outdoors woman I am out all the time uh walking my dogs biking hiking improving the uh conservation lands um but uh in terms of making a recommendation uh for acquisition uh what the strategy that the town has agreed to which is part of our open space planning strategy is that any new acquisitions meet uh at least three of I think seven criteria that are in the open space um criteria uh open place uh planning strategy and the current uh open space plan I think expires in 2027 and this property this parcel didn't meet any of those conditions um and uh which you know it's a little unfortunate because it really is a big parcel and uh it it has a lot of wetlands in it and I'm certain it hosts a lot of Wildlife and I'm always feel like we should be giving our Wildlife a lot more breathing room um but in this case uh me as one Commissioner of many uh I didn't advocate for it because I just didn't see that it would be practical thank you very much and and that's been conveyed to the board of Select it has been yes uh we authorized Bob as acting chair uh last week to communicate that and he he copied me on his email on Thursday to the select board well thank you very much I appreciate your time well and I appreciate your time too it's a marathon to hang out with us for this long only to find out that it was for no purpose so I'm sorry about that no thank you have a good night take care you now bye bye righty um I have uh I have no updates on uh title searches um I think think uh you know somebody's going to have to do a toi with with Bob on where he left um a lot of items it's a good job for the new chair uh whoever they might be um do we have any updates on encroachment issues Sophie no no okay um I don't have any updates well I have one update on grants uh last week we had uh authorized Bob as acting chair to make a proposal to the select board for arpa funds for the 2023 Grant award uh and the arpa funds to fund our you know uh when you get the mass Trails Grant um the sponsor of the grant has to actually um sponsor 20% of the overall Grant cost and so that was going to be the obligation of the Conservation Commission and so Bob osed to the select board last week um with our endorsement that arpa funds be used for that matching um and I he did copy me on his email out to the select board so I know that's also been uh issued um and then the snow Rider Grant uh of 2022 I think all the work's been done there uh it's just a matter of uh doing the final submitt and uh getting the um approval to purchase the equipment uh uh that had been uh requested okay Hollis Road uh residents any updates there Mike uh yes Madam chair uh last meeting we had approved $1,000 for the replacement of a riding motor and I was in error uh instead of um giving a skew for a riding lawn mower I gave a skew for a riding tractor which included no mowing mechanism on the um on on the tractor so therefore I'd like to uh propose an additional $1,300 uh in order to cover a 42 in um riding lawn mower for the pollinator habitat as well as for the Hollis Road residents um we're currently having our push mower under repair right now and so that means we have um I'd like to just propose an additional $1,300 tonight out of the Haw fund so we can purchase a 42 inch um Cub Cadet riding lawn mower through Home Depot which I got the word today from Bob Gagney that he was willing to do for us if we were to vote the additional $1300 um so Bob uh sorry you said Bob and so that stuck in my head um I think I mentioned at the beginning of the meeting I I seem to be um seem to pick something up and I I think I'm sinking a little bit here um so I think what you're proposing is uh to have a new total of not to exceed more than $2,300 for a lawnmower a riding lawn more that's correct um and uh and what you had said before is that you know we've had we've had a lot of mixed um results with uh buying used equipment um and for $1,000 I I was I was really gung-ho for $1,000 uh but now it's 2300 I wonder does our lease with the current resident um include do we know the riding lawnmower and so if that is destroyed or somehow you know um and I'm not making a statement against the current person that's there but I'm I'm a landlord and I know the things that happened with um with uh property if it went missing would the would would we be covered with a deposit there um to reimburse this or do we know because it's a it's a significant Capital expense in my opinion I worry about it well it is we do have a mechanism to chain the uh lawn mower into the shed so we could certainly protect it uh um which you know we have done in the past and uh part of I believe her agreement is to provide x amount of hours a month in order to you know uh and which he has and has been willing to mow the lawn and has mowed the lawn uh not only in front but in the back of her uh the dwelling at 123 Hollis Road and um so it's always been our responsibility to provide a mower so she could fulfill her 30 hours a month in to fulfill her um um and and she was always willing to mow and and now we have you know um the tenant who Ms we also have the pollinator habitat volunteers who mow um along um their um their Pathways in order to accentuate the uh pollinator habitat which by the way I was there last night doing uh Duty on hornet nest removal and it is just a fabulous space I just can't say enough about being in a space that's covered by native plants and having butterflies and bumblebees just you know um just uh taking care of this beautiful habitat that I invite anyone to go see because it's always open but um hence the need to maintain it and uh the volunteers have done so greatly um um even to the extent that when we had our push mower going I think we're having issues with the carburetor which is now being fixed by Nick Piro on our behalf and but now we have no mo except for asking our volunteer neighbor uh to mow until we can resolve our own mowing issues um so that's why I'm recommending that we uh fund this mower um uh we've never had a new one as far as I'm aware of uh we certainly would take good care of the mower uh I would certainly seek to that I'm not worried about the I not worried about the pollinator habitat people um or your diligence um for that matter um Mike I just worried about the dangling modifier of you know tenant landlord relationships that's all um so if I understand correctly uh let's see so we had authorized not to exceed $1,000 last week you want to add uh 1300 and you think it's 1300 with it's it's 2,300 total including tax well there'd be no tax because we purchase it through the facilities Department okay okay so 1300 yeah covers you okay so for a total of not to exceed 2,300 for a new ride to lawnmower that's the proposal do we have a motion so move second rich thank you Jenny roll call vote Mike I Jeff hi Rich hi Jenny hi Chris hi and I for myself anything else on hollish road uh that's it uh the painting's all finished it looks fabulous and it will look even more fabulous with the lawn mode H cool um anything uh I have no updates from open space um anything any updates from storm water uh Jenny no we haven't met since the last meeting so okay very good um so I think I'm looking uh do we have any final uh comments or um comments from the commission do we have any comments from members of the public I see a Jay Simeon on uh Jay could you unmute yourself did we cover what you needed us to cover tonight I may that's join husband oh oh okay yeah Jay yeah I was curious what was going on with um the status of 45 52 oh okay so we answered your questions then yeah yeah okay very good I just wanted to make certain if you hang out with us for this long that it's for some purpose well I kind of follow you guys anyway so excellent very good okay I think I'm looking for a motion to adjourn we have an opening yeah know I'm already on a committee okay uh that is a very good point Jeff we do have an opening so uh Commissioners reach out to your friends and family and Jay even if you won't put your name in the hat reach out to your friends and family and network and uh you know encourage people to apply for the commission okay with that it's 9:37 and I'm looking for a motion to adjourn so uh Chris uh Chris motioned and uh Mike seconded and Jenny also motioned so we'll go Chris and we'll go with Jenny for the uh for the motion roll call vote Mike I Jeff hi Rich hi Jenny hi Chris hi and I for myself thank you everyone you good night good night everybody good night