##VIDEO ID:hqqnPwN2vF8## evening we're going to open up Tom conservation meeting at [Music] 713 roll call right go first um Pat J Kevin Smith jamesan all right Kevin can you lead us in pledge allegiance to the flag of the United States of America to the Republic for which it stands one nation under God indivisible liberty and justice for all record yep as usual is being recorded um is there anyone else in the recording would be a no anything on the Chairman's Edition and all deletions I will wait for Jim to come in that's his to do I have nothing I'm going to do with the chairs report we'll get back to that 1.4 and 1.5 can review and approve those yeah um did every we need to review the meeting minutes 62424 71024 did everybody get a minute y to look at those yes can I have a motion to approve the meeting minutes at 624 24 710 24 please I'll make a motion to approve the meeting minutes so 62424 and 71024 one second second okay Pat G second that meeting minutes are all set okay staff report I'm not that's once again I'll leave that to Jim that was his so we're going to need to wait for Jimmy to get here because our 2. on our first caring it's going to be at 17 quarter pass we'll make we'll stop that when Jim gets here we could jump over he can do that he can do that we can probably get on a 33 we can't do 32 I've got a reframe from that one 27 scales Lane that my of yeah okay yeah just finished that I didn't get sent out for an inspection or anything so probably way three three um I think we can uh yeah we can do that which one no we can probably deal with 33 and 34 no they should be here from Ona Road I think they're going to be Wendy and Andrew Hammond yeah that's the retaining wall you didn't do that s sidewalk so let's sit tight and now soon as Jimmy gets in we we'll kick right in through 2.0 that was another Salk that did you go to that one there one the one on uh no I stopped and looked at after I miss sign 3.2 yeah yeah Road up the top of the hill for me that's all fil for see really best wait Jimmy EDS in this anything Forest cutting you know he didn't give me a minute to see just today I wouldn't have mind if I got an update on stuff you can't be4 right now wait 3.5 3.5 actually why don't we do that we can get that over down right thank you yeah we can do that one are you here to represent that oh okay anything any questions Cas there any questions I don't think so it's pretty straightforward what are the plans for that e in the long term she's gonna reach the dam open it and get it back to a natural running as it was so the bee will not hold water right it'll be a flow through right now it's just warm water you know heating up there's no cold water there anymore so the state is really working hard to take dams out to help with productivity and to help so what that for cold water Fisheries act yeah they they want the cooler water going into the river it's only going 500 yards before it hits the river but it would be quite God that's going to be awful ugly looking in there yeah well I don't think they just leave it I think would do restoration work but that's down the road there aren't any definitive things well they wa long enough it will regenerate itself that may be yeah yeah but this is just a fill in the eroded area so it's safe dig it right out of there they're gonna take it out anyway aren't they well I think that's more of a that's more of a substantial process than just approval going through yeah with natural herit D to bring it back to a natural yeah setting which was a flow through you know yeah I mean they're doing it all over the state now so I think we have a goal to do about 50 of them or something you know in the next it's well not sure how many years but over you know 10 years or something it's it's very it's a long term yeah due to the all the s sidewalk all the engineering all the yeah it's extensive it's a lot of work so notice of intent that whole process would be filed everything's going to end up being under an noi anywhere due to the extent of the work and yeah so this is just a quick fix to make it STS in here comes James now did you guys start yeah we started with you yeah we we're doing a little stuff that we could do we were going to go to you can we were just we were just getting ready to 3.4 take seat buddy 3.5 I'm sorry 3.5 speed do one there a sign in sheet she's got it we're all s all right James Gates uh 722 sorry I'm late everyone so we're all the way down to where we going to be 2.0 extra one all right did you guys do the roll calls been done start do 2.1 yet no all right we're waiting for that we're waiting for you to show up oh yeah thanks uh can we we finish up with Leslie real quick and then we go to 2 go back to 2.1 Leslie just started to let us know what the plans were for thew oh she's right here oh sorry I'm just like over stimulated right now with everything yeah yeah do you want to sit at the table oh sure yeah all it is is ratification we submitted an emergency certificate and um we went through the process with natural heritage and they okay it and so then we submitted the emergency certificate requests to the Conservation Commission and Jessica signed it before she went on vacation so and the work um will be Jim and Gary and he's just dropping material I'm doing the work yeah okay you're doing the work okay and it's have you if you've seen it it's pretty eroded yeah I know what I I saw it yeah yeah so it's basically filling that in so nobody walk fall and trip hurt themselves no liability and Travis will be there the whole time he as long as he's there doing sort of a sweep because it is priority habitat um then okay um so it's just ratifying what she approved okay great so we need a think a motion to ratify emergency certificate for SP River yeah so moved so Jimmy you the one that's going to do the works he probably probably from the what I don't think he's getting paid no so I I it's a mood point so have Kevin you're right I just assume St because I am G to be down I'll make a motion to to um ratify this emergency certificate for uh repair of an e roaded surface around the Culvert um for SP WMA um Mass division of fisheries and wild thank you um for the property on Main Street behind or next to the BFW do I we have a second second that roll call vote that well no Jimmy oh okay you got suain abstain yeah all right all right J yes okay Kevin Smith yes patal yes we can get some in here does she pay you all right moving on thank you very much sorry drag out sorry no worries all right thanks Lesley you get all good night really D didn't come off almost time today I was kicking do at 11:30 Charlie hat he rolled everything back over went up and rolled the hill put everything up gone so he left like six all right uh did you guys right uh 2.1 726 uh notice intent Route 119 Edward Road twb 2024 d184 D number 308-7208 WPA in towns bylaws the towns and Conservation Commission will hold a public hearing on Wednesday August 14 2024 approximately 7:15 p.m. the hearing will be held virtually via Zoom meeting and in person at Town Hall on notice intent filed with the Conservation Commission by mass do the project location is the culbert under Route 119 Main Street approximately 100 feet west of the intersection with Edward Road the notice of intent was filed retroactively Ral repairs following a head wall um an ement collapse which resulted in a blockage of the Upstream end of the Culvert the work occurred in the land underwater Riverfront and the 100 foot bordering vegetated Wetland buffer parties wishing to speak in support of or in opposition two this application may do so at the meeting or in writing prior to the meeting copies of this application are available for review at Town Hall during VIs hours submitted by J consolvo towns coordinator so I'll make a motion to open up notice intent hearing 7:28 PM Route 119 Edward Road twb 20241 184 de number 308 0712 um applicants Mass bot the and representing them is BC group may I have a second a second Pat got it got that's good uh roll call Jimmy Jam Duran yes no yes James Gates yes [Music] Kevin all right so seec group and do uh whoever wants to start discussing the uh what's going on and how the work was done and hi good evening um I'm Hana ishihara with BC group do you mind if I share my screen I have a quick PowerPoint with some photos Harley are you there Dave F DAV is heartley out yes Jim what do you need um Hannah needs her is did I say that right I'm sorry if I didn't uh Hana that's okay Hana uh she needs screen sharing permission please give me one second thank you you guys did a signning sheet yeah yeah we couldn't find a real one so that's legit okay Hana you should be able to go ahead and screen share now all right great um all right is are you seeing everything okay okay um one moment I lost my notes all right sorry about that all right so as um um you mentioned earlier this project is the um an after fact notice of intent for cul repairs that were needed immediately following a state inspection last fall the Culver is located here on Route 119 just west of Edward Road um shown here in on the red um as mentioned earlier the project itself is located within bordering vegetated wetlands and Bank the riverfront area to The Perennial tributary stream of the sanook river land underwater and theot buffer zone to Wetlands so just a recap in October Mass DOT identified the Upstream Northeast headwall had collapsed and the northern roadway shoulder and emment appeared to be falling after this inspection Mast doot performed temporary repairs to the covert that included installation of Steel plates as well as placing large stone blocks to stabilize the embankment um with the risk of flooding in neighboring properties and additional collapse Mass do um completed the work last fall um Mass do and BSC presented the condition of the Culver and described the repairs here to the Conservation Commission earlier this year in March and per the request of the commission we are now submitting the after Thea noi for the work performed um so to reiterate there was approximately 400 square feet 429 square feet of impact to the riverfront area um and the buffer zone the impacts of Riverfront and buffer zone were the result of stabilization efforts and access directly over the covert headwall portions of this area were previously altered as a stone embankment off the roadway shoulder under the guard rail some minor disturbances were also needed along the top of Bank on each side of the stream in order to access the repair location there is also an estimated approximate 193 square feet of land underwater or streamed where scatter debris fell into the head wall um fell from the headwall collapse and larger blocks were lifted out um so the next steps at this time are um do is working on a full covert replacement plan that will include a 40144 filing to D due to the mass do bridge exemption this work will be exempt from the Conservation Commission review however you will be copied on the 401 application and be and able to give feedback to D um so at this time we respectfully request in order conditions for the work and uh Tracy kotti from D from or I would be happy to answer any questions the commission has thank you hi Hana Tracy K ask I just wanted to point out that um we just apologize this took so long we we were working to get a contract together with BSC group and once we had them on board we wanted them to also you know conduct any fieldwork that was needed for the full notice of intent so you know what they've done to date is more than what was needed for the after of the fact but now we're kind of a little bit more ahead of the game to um complete the full filing for the replacement only question the only we're exempt from this whole process the only thing that we're going to be in included is with the 401 Water Quality test well that's for the future yeah that's D we don't touch that so we're really they're doing it the do spec they bypassed us the full thing when it does get done yes okay we just want to make sure everybody was in realization we'll be asked to comment on the 4 One correct that will be through yeah I just wanted to clarify how it work the state yeah it is that's questions straight forwards y um Tracy I can't I want to reiterate the the the this Culver is actively failing it and continues to fail um just we could tell by the depression and um you know it is a life line for this town uh because it's one 119 so um I don't have much to add beyond that but it is something that needs to be addressed unless it fails and then yeah there a whole no we understand that and we know um we've even since um this process started after the initial repairs um I know that uh Jessica had contacted me regarding another area that appeared to be um starting to you know um sink so yeah yeah so we're definitely working towards getting the full filing done and um you know getting the funds in place for the full replacement as soon as possible we had another hole where were we on on the other side other side closest the rail trail Side Bar which probably East Side East Side yes I just got one question for Tracy Tracy yes is is there some type of a triage with these Bridges as to who is looking the closest to failure and do you does that put a project up in order or is it first come first serve it's on the schedule like Jimmy was saying it's we're noticing it is people that live in town how it is dipping on on the opposite side of the rail trail so like I said if it gets to a point it goes into a complete failure my only question is is are they looking at other projects that would are more important than this one etc etc that's all thank you sure um no I could speak to that a little bit I mean there's there's numerous you know C bridges that need attention all over the state and absolutely within District 3 and I just want to say that you know we are working you know because this is technically going to be a bridge exempt project we have to you know we have to obtain our funding and we work between our maintenance contracts and our Bridge um construction contracts so you know there's kind of a you know a work in progress there and and obviously you know if we if it came to a complete failure there would be something done you know obviously to immediately address it so sadly to you know to have to say it that way but it would move front and center and it may end up being another filing after the fact if that were to happen you know but um you know we want to we want to get a good design that's going to you know last um certainly well after my lifetime I hope and um you know we have all the new regulations and such that we have to um design for so it takes a little bit of time and obviously as you know all of the permitting you know Army core and everything that takes um you know a lot of time and there are a lot of sensitive resource areas here so I know um Hana and Wayne I don't know if they could speak to you know what their thought is right now in the process as far I don't I don't think we need to get in super detail about it we understand that it's a process um and I'm just trying to course correct some of because I was late tonight and trying to keep the meeting moving and um we understand it's process but and I just wanted to reiterate that it's that that bridge um is is in Failure well and it's also a very important throw away sure and and we recognize that and that would be something obviously like I said we'd have to do even if it were something temporary um you know it would be done as soon as possible just to keep traffic moving um you know but we have to do something that's safe for the traveling public but hopefully you know it holds out until we get to that point but we'll do what we need to in the interim well I'm good thank you um thank you sure I motion to approve the standard order of conditions for the the effect um filing for nwb 2024 d184 DP number 308 d712 second second um James B yes James Gates yes kin Smith yes and P Jim yes okay thank you folks thank you thank you thank you take care like to make a motion to close the hearing for this notice tent uh gwb 2024 d184 uh DB number 30871 two a second SEC yeah three all three of you what do you want to push out the sign off on this yeah we have sign offs on a bunch of okay seconded roll call vote please James TR yes James Gates yes Kevin smth yes yes okay good the table we have a stack of stuff to sign at the end okay I didn't know if you wanted to trickle it in as we go I don't because then I get lost some people that have been waiting patiently here let's see if we can move course corrected yeah I was just going to say we're in good shape did you guys approve the meeting minutes yes yes we did yeah staff report and chair's report I left open nothing we can'ts I've got um 3.6 for a letter there we have review um and then 3.7 we have to approve a a warrant to pay a bill is that 88 West matter what I didn't say anything about 88 West meow 3.7 3.7 is to pay a bill 88 Meadow all right not 88 metal 3.7 so oh so it's 3.8 3.8 okay so all right that's why I asked no and you got me okay you're all right I appreciate it I don't so we're good so chair report uh I had a bounc some stuff to Jimmy Jimmy did some site inspections on Greenville and Greenville Road cop everything was good with um erosion control on all of them I checked the I actually went back to Greenville today because he had a couple little sections that he hadn't gotten and it's all set everything's good curtain and the notice 10 numbers up and I'm also asking a question is there a temporary going in there don't know that's a question it's got to get well what's what do you mean temporary what as far as access to go over that bridge once it closes for emergency You' have to ask the contractor I will get back the bridge is closed it's gone correct the road is closed the road is closed what the sence say people I I saw two people West meow roads turn into a zoom right um so I'm G SK staff report yeah we kind of just went over vote for our officers we W let kick it next good let's try to get out folks um so next is 3.2 um request for certificate of compliance 27 scales Lane pwb 2019 156 um this is for King's building just look good I took it all seated clean better than it was expected to be anyone have questions concerns Mr chair I must abstain from this vote as the okay that's fine right um so I make a motion to approve the certificate of 27 scales twb 2019-56 have a second second second roll call vote please James Doran yes James Gates yes Pat John yes Kevin you're abstaining yeah just need to announce it y 3.3 request for determination of applicability 11 son rwb 20241 185 Wendy and Andrew H project is for repair taining wall near the bank of vitten pond we will not reads pursuant to the mass WPA and town we bylaws the towns and Conservation Commission will hold the work session on Wednesday August 14 2024 during the 7M meeting the work session will be held virtual virtually via Zoom meeting and in person at Town Hall on a request for determination applicability filed with the Conservation Commission by Wendy and Andrew Hammond property is located at 11 Road cessor M 2 partial 10 poos project is for a repair of two sections of stone oring wall near the bank of vitten bond parties wishing to speak in support of or in opposition to this application may do so at the meeting or in writing prior to the meeting copies of the application are available for review at Town Hall during Town Hall at Town Hall during business hours so this is three wall it's pretty simple task um so gone over to some past meetings see right um so straightforward special conditions to include silt Fen and water in the area in the affected area where construction is being done homeowners Express their ability to oversight of it I mean they're very aware of the water and care of Venton Pono I have no worries that it will be done well with the Sil fence and Waddles are you going to request cter sinking or do you feel that's a that's a standard practice just wanted to make sure that was mentioned and that'll be up to her their contractor obviously or that it's up it's yeah um it's laid out in the barage so I recommend uh or I make a motion that the RDA um is a -3 determination um with um fence and wle as special conditions special okay sorry which is included of the order of conditions negative three termination your with control to include s fence and water uh my motion is there a second second second nice J any discussion no and you're all with your contract yeah perfect James Dyan yes James Gates yes Kevin Smith yes Pat yes good night all signed in take care I'm a we get TR be patient we get close you guys are B everybody's in the dash I'm also I got my workers take one every time so we have to sign off on that do sign off we got a bunch of stuff to sign all right so good good just try to look keep moving not so long should beate more no 751 no we didn't get as far as I wanted to uh 3.4 request for determination of applicability 30 Shirley rwb 2024 d186 appli Erica Williams Jason H that correct yes we close for that I B your name right project status for removal of trees and installation of fence within the 100 foot Wetland buffer now we did a site walk out there I guess sign up that's I'm just spending around so you file it doesn't get lost if you don't mind explain to us what you're want to do I know Jimmy and I were as I told you guys the majority of what we're doing is fixing a bunch of problems you saw the retaining walls they finally got fixed down you told I can go ahead and do those we got a lot of AR and issues when they built that house 34 years ago they put all that dirt there and as time has gone on it's eroded away and it's moving around and the trees in the back the roots are all exposed they're all rotted on the bottom they're all by the house they're all 30 feet tall too so they're a major problem the second thing is we want to put up a fence and because they put that extension as you guys well and I guess did or didn't get an RDA 20 years ago in order for me to reach the other side of the house I got to go through the buffer because that's where they put the extension so in order to put the fence in I gotta you know go around it and we're trying to make a little area about maybe what Happ makers behind immediately behind the house fence in for our dogs and you know whatever trees are on the way obviously have to come down and whatever trees are rot and have to get rid of because they're danger at this point the one directly behind the house is literally leaning over and the whole back of it all the out of the ground so I mean it's only a matter of time that tree goes over and there's one big branch that literally is over my house at land right on it needs to go so the only reason we even know that it's a wetland there is because the neighbor after I started building the fence because when I asked the previous owner where The Foundry lines were he told me the other side of the fence the other side of the tree line which okay and that's true they are the other side of the tree line so I start building the fence on my side of the tree line 6 foot to be exact she calls me and says I think you're encroaching on my on my property at which point I found out we start we started so you had a survey to figure out what you really no we got the original survey because this year is the survey that we got from uhm the mortgage company showing that what the P lines were so we got we ended up getting the original survey back from 933 yeah I contacted a surveyor who actually told me who did the original site plan when the house was constructed and we we literally found the old stakes in the ground as well as the site septic easement the slope easement that comes down on theupper property over here you got an easement showing an so that's actually her property yeah so we actually have 15 by 60 foot easement on her property but you can't put you can't put a fence over there it's not on her property right so here to here yeah my fence is six uh so the tree line if I was to take this so here's the tree line pretty much it runs pretty much right here the fence comes off the side of the house comes this way and then you're run six foot along this side the Stak pass your shed you found this point you found this angle I found this point this point I have the markers here here all these markers are still in the ground to this day from the original surveyor and like I said that's not really the question the question became that we found out by digging in there that the Wetland existed because when we bought our house as you can see they mentioned nothing yeah as you can see on this paper here that's the only thing that we never survey survey lines this is the septic side the survey has no on no surveys does it show Wetlands only on the morgage the mortgage plan isn't is noted for showing any Wetland doesn't have to they they the only thing they have to do they have to show your house that your house conforms bound that plan to show the wet that's a sep hold on the septic shows the Wetland correct but that must hold on but the subdivision doesn't show me on the actual survey where it shows a wetland doesn't have doesn't have to on the survey plan but it has to show it on the septic exactly so we never provided that so we had to go dig find it when when we even found out we had a wetland in fact they didn't even know when they put the on the house because apparently in every got an RDA for that back 20 years ago years ago they never even had that because nobody ever it's not anywhere attached to that house you have to it looks like it's right on the edge well the original house that's the original House the addition is an addition here oh see the addition and that's why the fence has to go built into the into the there they put it up 20 years ago now I have no choice but to run a fence to the other side of it this was this come in the end it does oh Jesus but that doesn't matter it's all built that's that's to do us but they want to cut trees the puff in the 35 within the 35 yeah so we would be best for us to Define what's the what's the language for this easement on her the Ean has nothing to do with it has nothing to do with the E the E has zero to do with anything yeah location not as long as it doesn't turn around that doesn't matter but it's it's irrelevant to the conversation yeah that that not the buffer nothing good I just wanted to make sure it doesn't come into the scene that's all so can't come into the scene because it doesn't it is irrelevant conversation guys what they did when they built that house is they built it exactly 100 foot off of that W the original house it was exactly if you draw a line from that thing right to the house exactly literally to that corner right to that corner of the house well they would have located this the engineering for but it's also a 30y old site plant and weap Chang it does move yeah where they had it 38 years ago 35 years ago so if you're saying it changes well it could have jumped to the wetlands the wetlands line could have slid down or could have creeped up right you know and it was it plant to see you can see where the water was sitting were firms Roots were exposed and they was scaning we know where the water so the 35 foot area is the area that is going to be in question here but they want to take out trees and then you mentioned something about bringing in fil to level of the backyard it's not like we're bringing the whole thing up there's a lot of holes back there because of the erosion there were stumps they never took out and over time they've eroded down there were big rocks that got moved out so there's Big Goal back there so when we run the fence we're gonna have to fill them in or the fence is gonna have big ups and downs because the ground's not straight you know what I mean when you when you looked at that Jimmy are there any of those trees within that 35 foot that a safety issue heading towards house no I don't have any problem taking the trees should come down in my opinion they're old they they had Damage Done to them from Ice storms from other storms it's the filling part now in the 35 foot or within the 100 foot correct they can file they can file to fill those holes in up to the 35 foot no they still need to file within the 100 foot no I know that's what I just said they can file to go up to the 35 foot yes so this this is after that yeah if they want to file and if they want to file a notice of a 10 okay you said what I wanted to hear it's be they obviously the trees will come into that it not a problem then they can take the stumps out right and but the problem is inside the 35 foot so if we graded at 35 fet over move the fence to the point where we at least 35t off the W would it be an issue yes because welcome to Massachusetts I'm sorry to have to break all this bad news to you yeah WPA W protection um and I I I feel for you because you bought a house not now you're having to hear all this all of this great news and I I I can't tell you I feel I hate being have to even bring it up are you sure that that I mean you're pretty confident you can see that no disturb you can see the edge of what it's pretty clear black and white it's black and white so with that said though D had a comment because part of the RDA processes we just sub to the Department of Environmental Protection Sometimes they come back to commment sometimes they don't they don't this one they did come back it is mapped in a priority habitat um um it may require filing maybe a filing requirements under the mass andang for Species Act um so which is not something I would recommend trying to tackle on your own no no I anal what extinct or endangered species they think is back there was still here they they they proven that there's I think Blanding Turtles out there when we did I don't know turtles or salamanders we did we did some work down further at the Town Line there little road called pumpkin book in there pumpin um we did some work in there many years ago probably around the same time your house was built then why did they even allow them to build a house there no no it wasn't initially here's question right now why did they allow them to build a house yeah but why did they allow them to build a house on a wetland you need to direct your questions to me why did they allow them build a house because it it wasn't on a wetland it was outside the 100 foot buffer they put an addition on I don't know if two and a quar acres to build out a wetland at that time why it wasn't Wetland I don't know I was probably in high school still how would I know that's work actually 92 I was we're totally lost me let me see if I can Mr chair I can um 30 some five or eight years ago when this lot was created um there there was a 100 foot buffer line that house sat on the 100 foot they could have filed and gone within 50 feet back then of the Wetland now that engineer was an outstanding engineer they've done tons of they've been in they've done most of the projects all around this part of New England they would have sent out a wetland guy soil scientist that would literally probe the ground they knew where that 100 foot line was back then okay back then okay so the house was put in someone come along later put an addition in never files I believe you did it yeah never never fil but that's all it doesn't matter what happened yesterday doesn't matter what happens tomorrow matters um some years later so they put it in never got picked up on now a couple of things could have happened the Beavers could have built the dam down down quarter of a mile down wood and it could have changed the topography a little bit raised the wetlands and maybe shove the wetlands closer to your house don't know whether that happened or didn't happen II what I would suggest you do is get the wetlands back one you know something like that was not cost um you have bring in a w scientist off the ground find where your soil horizon sock and find out just exactly nothing is cheap but the fact remains yeah however then it's defined okay and then you you want to file a notice of intent with us we can get you to the 35 foot no disturbance Zone you can file a notice of intent we probably will approve it D probably will approve it endangered species well they may take a look at it that's something that didn't exist back when your house was built there was no Endangered Species Act per se like there is today a lot of there was no there's a tremendous amount of wetlands rules and regulations today that weren't in place when the house was built things have changed greatly in the they have taken and made it much more difficult to put a house on a piece of property today 35 years ago when your house was built years ago when these houses were built and built right on the edge of the roof but I think our problem is this if they let them put it there did they not think somebody was going to liveit it because now 30 years later we're asking of take down trees that are danger and put up off fence we're not asking to like put in a pool I don't think we're denying that's exactly what you're doing you're denying me access to my own property no that's exactly what you're doing you can still go in those areas in the 35 foot no disturb you wanted to fill it it's a situation where you cannot alter and fill in Wetland areas now you've got another thing working against you you've got an endangered species in that area 35 years stud the way it is now and not to bring up any species that's in there because we can't the circumstances have changed we have heard this from a lot of different customers meaning homeowners listen when we bought this no one if I take do the entire area you'll be subject to you won't have to you won't have to deal with us you have to deal corre you'll be dealing somebody called the D they're not and they're nothing compared to us we're working with you let me ask this question now do we own these Wetlands or don't yes you do so if we can't Ste of these Wetlands 35 mile 35 ft from them you let alone how are we ever going to go over there and use them like we own them but we can't you are you're a self-appointed steward of those Wetlands for the Commonwealth of Massachusetts I can't think of a better way or more elegant way to put it I've said that I've said that before people don't get it I said you're paying tax we don't understand how we became one when nobody even knew this thing was here like isn't it required when we buy a property that we are made aware that these things exist the basics responsibilities you buy that house be yourt anything else you didn't even pick it up when they did the extension nobody knew it was there that's what I'm saying how are we supposed to know in buying it that it existed we found it by stumbling behind finding the guy who did it 30 years ago that's how we found it yeah I mean I don't Jimmy you you address this but in my sense my opinion only I I think you guys have done it very very eloquently and and and straight to the point short and sweet the trees aren't the problem it's and it's it's adding fill the fence we can get work with you the filling within I can't emphasize enough the 35 foot is a is a no disturbance Zone yeah thing is 35 foot is from the edge of the creek according to D not from The Furs from the creek from the actual water say if we stay not from the vegetated wet if we stay 35 ft off of that if we stay at least 36 feet over is there a problem grading that is what I'm getting yes that's 100 fo you need a you just got to get approval from us to do that correct but the 35 foot we cannot make any blessings of filling in that area it's the 35 you come up out of the 35 or going up to the house we can work with you with the noi to be able to grade see correct any of those areas get your stumps out of there the 35 foot it's Taboo it's on our bylaws the stands by it is one of the from the actual Creek itself hold on hold on vegetated Wetland from the Wetland itself we have Town bylaw and we have state from that is a d law the town's bylaws State no disturbance within 35 feet of of what a vegetated well that is town in B that's towns that's our taboo I get what you're saying but what I'm saying is if I started 36 feet to the 100 feet not going toward the weather away from it then you can follow that's where my question lays not with I get 35 ft in closer we can't t we have to leave it alone from 36 feet to the 100 feet especially where the fence has to go where I'm trying to level flexibility we can work with you on that I just explained you can file for that you can you when you're you're altering brains so that will alter the drainage patterns it will alter groundwater we understand the trees not saying don't take down the trees but with fewer trees it won't slow the water down you end up with erosion and there's just a lot to it and that's where the notice of intent process comes in now the notice of intent process puts an attachment on your property that is for if you have a issue where soil erods you fill in Wetlands you damage Wetlands the state has an attachment on your property which is been order conditions that if you do not clear it um once the work is complete it's always there it's you file it to the state um with the registry it's a process ail it's a process to prevent failures from you know with people filling in wets and it just it protects it's just a protection for all parties I know you you been quiet probably just listening and I I know that to to try to we understand it's frustrating bring you U I don't know make feel a little more comfortable you can file a notice of intent for the Conservation Commission and that will and that will allow you to go up to that 35 Point with a pool from both the town of towns and towns of K and the state you probably get that the trees that are within that area and even if you have trees within that 35 foot area can you can remove the if the tree is on the edge of the brook and it's deeming a safety hazard to your home can be removed then you can we'll give you approval to remove those treeses however we can't let you fill in there or remove the stumps or remove the stumps let me ask this we can take the Tre down the no no well you gotta you got to file with us that's the thing so what you're saying isop stop stop I need to understand what I can do before the summer is over what can I get accomplished before the end of the summer you're not going to get much accomplished before the end of the summer because you got to come and you got to file for an so what y'all are saying right now is if a tree falls in my house y'all are liable no no if so if you feel if you feel that tree is a danger you can take it saying right now that I have no authorization to take any trees down in my yard because if you have a tree company come out you have seven or eight trees that are within that Wetlands or on the edge of that wetlands and they're leaning towards your house and a tree tree company comes out and deems hey those are going to fall on your house the next time when you get take them down you're going to come back in you're going to come back in file with us but that's an emergency you can take those down under an emergency that's why I say if you have a tree that's leaning on your house and it looks like it's going to be a problem afraid that's what I want to well it sounds I'm gonna I'm gonna Circle back I need to bring this in it's quarter after 8 and this is the third 12 hour dat this week so the project description for this RDA is removal of several trees and installation of panel fence within 100 the 100 foot buffer if you want to level we can approve this RDA for this one yeah that's going to be for the trees but if you want to put if you're gonna put in a fence and then you want to pull stumps and level it you're counterproductive that's kind of a problem yeah taking a chance on that Val so you're going to want pull you can't pull the stump you can't pull the stumps with without going through a little more process with us for the trees on the other hand is the is that RDA and stone is that the check's been paid for that process yes so that's gonna be but the project description States removal of several trees which really should be defined better with how many trees exactly um will work with it the thing I thought it was I did think it was defined as to what specific trees she wanted to remove I did hear her say this it an installation of panel within 100 not anywhere in the 35 that's what I keep going back to saying as long as I stay out of the 35 I'm okay you don't know where the 35 is unless you have it surveyed with by white so you're exposing yourself there yeah you're take you're taking a chance it's if you're a 34 you probably got to move the fence if you're a 37 you don't have to move the fence makes no sense to go at it that way we understand it's frustrating we understand that some of these laws and regulations are confusing and some can be careless to some degree there's two things last I check is federal overrules everybody else wait does that okay I'm done I'm done I I I we have tried to explain this so I'm going to make a motion that we um issue a positive determination um positive for which it states the work described on reference plan documents is within buffer zone and will alter the an area subject to jurisdiction under the ACT therefore said work requires filing a notice of intent that's why I asked if the RDA was committed as you said it and I asked the same question unfortunately it is so I feel that you will have to reapo and go with an noi to be able to do further we try so hard to work with everyone extremely I understand it's frustrating and if you have if you feel endangered that a tree is going to fall in your house we are not going to stop you no cut it down because it's a safety thing your insurance company will probably look at it and say cut this down we're not going to argue well that's what I'm try that's what I'm trying to confusing L what can we do the two things we want to do and let me just say this I want to put up a fence to keep my dogs in I had a temporary one it's falling down I can't make it last anymore I got to get something up so the dogs don't go run down I gotta get something up to keep them in that's I want a fence and the trees are G to fall down if you can see you walk back and you show the roots are all coming up those are my big things the grating and everything else we can work on that later I just want to stop the two problems keep the dogs in the backyard and the house get rid of the trees if trees are a safety Factor get rid of them Jimmy can you reel that in and make Define to them what they can and and what they can move forward they can cut trees and they put up they're gonna put their fence up at their own risk at this point if we have to move it we'll move it you there you go be knew exactly what I was looking at no problem you could move it right keep them inside before they get out into the RO Kevin you understand that why divor I I tried that ear we sto stop putting our fence up weeks ago you know we did we trying to do what you want but we're like we don't know what to do then I resend my motion and I I will motion to approve this under a negative3 determination um but I don't know I don't think that's word is it a name stream I don't I didn't get that father Jessica I was gonna ask her last week but she was on vacation I'm in there is it from the state it wouldn't be wi Brook it would have it would no way away from proba perennial perennial stream y it's dry I can tell you that that's the whole some sometimes it'll be running heavy in the summer it's in other times you'll never see a Dr Mother Nature I ain't GNA touch it I just want to put behind my house that's all we understand no we truly understand but I think it would be in your favor I to somehow Define the 35 foot so she could keep def fence out of the area I will call somebody even you I'm not going to prove then I'm not going to prove anything because I don't without actual flagging right how can you prove it without flagging it so give the responsibility to the homeowner to stay as away from the 35 as possible right okay I get you proof is I got the applicant Okay so I'm not g to we're not going to prove this part if if you have to have those trees taken down though we're not going to stop you correct we're not GNA find you we're not gonna you know come to your house with it sounds like those trees are unhealthy and one of them major safety issue back of your house and I'm sure your obus whoever is going to do the removal is going to be wise to what trees need to be moved and Frugal with the matter what what we would what we really need to see to approve the fence portion is flagging of the weapons yeah so do you know somebody I can call who can get out there relatively we cannot actually extend as the commission can you just tell me what is called what am I exactly looking for scientist Wetlands bot can that better be done by Jessica no no she can't she she is that cles the T um there are several there's a there is a reputable scientist reputable reputable engineer in lenberg that does a lot of this um Dr yeah um so he he's us but you could also call Ross they did the work originally you talked to them already yeah can they they do it all the time yeah that's what I would actually start with because they have everything on file okay they have all they have all your information so they're halfway there in a sense Pat do you have I you're sitting quietly and patiently I think if you I think if you reached out to them where they were the original engineer and they have the original Wetlands they can just come out they'll send a guy ref flag it he'll measure up to your house give you a quick little plan okay it's moved five feet close to the house or 10et further away from your house he'll draw you a little sketch you'll draw you a little sketch showing the distance to the wetlands come back and timately my question is once we know where the 35 foot line is long as we stay out of it we're fine no no you're still not fine because you still have 100 foot buffer yeah you still you still have to come back and visit us correct do it within 35 do it you have to file when I say can mean it can be done it can be done corre that's where my confusion is it can be done but that's that that noi comes into and there are C so I'll give you an example there are certain circumstances where you can request a waiver for a 30 from the 35 foot puffer say it's an existing building and it's 20 ft from yeah a stream and we have given reest a waiver for that so there are ways to work through it it I understand it's frustrating I personally would don't like to go out do these forms I hire someone because it just keeps things c um but it in in a perfect world again I'm not saying you can't putut down trees that are dangerous but you got some dangerous trees get out of there well time I really prefer to see the flagging up and then marking the trees with paint before you take them down yes so we can confirm that you know that's the best way yeah one of us will come out we'll give an go right well she'll send somebody she'll take a picture y let us know what's going on so they're going to be good to cut the trees down if you have to cut them down cut the can be removed over the top of your house the true emergency I'm going to I'm going to reel this in as Jimmy said I'm going to try to summarize it please anyone add stuff after you feel the trees dangerous to the house we're not to stop you we would prefer you to wait to cut the trees after you have the wetlands flagged call the office tell them that it's their flags and have Market trees with marking paint Big Dot on that all the trees you want to take out you know even if they're outside of it just put a we can make our determination on the RDA the trees the the no yes allow to doing and Grading away from the 35 but these acronyms they get us confused notice intent is grading oh yeah altering so you're altering even knowing I had this thing to understand it's a learning shut up it's a learning curve you're going to it's going to be a learning curve there's lot more to the noi than is we we struggle through it every day because there are contrad contradictions like said we're not trying to put a polls and stuff guys we're trying to do something very basic I understand say as soon as you said that last part you can move it yes that's I can I can definitely move it like trying to everything's like uh Tre ready to come into your house don't wait for us that one bran I I fear every single day I I don't want to say we can we can discuss this at the next meeting because you don't know exactly when I'm gonna call Ross tomorrow and see how fast I can get on to flagging it's yeah it's a simple it's a matter of just flagging it um and want to put the fence right we don't have to do the whole have no do do yourself the service of flag the weap on your property because then you'll know you just know say once it's flagged then we have the entire thing flagged off yeah is that isolated down in there I know I did some 40 50 years ago Department property what to save them from spending the time not it's not isolated so it's just one piece you can see it where it comes through yeah it's to find Kevin it's not like like a little like a creek that was but there's no water in it anymore right now yeah but history last year there was I bet no it hasn't been any water it's not just water you have soil you have plants that are involved you know I just see it's a very defined line with two of the Acres yeah your El is opening that's what I'm really not understanding like I know where the isan what else is over what else is over there like what else is wetland wood wetlands are defined by surface water soils it goes all the way across the lot saying our two and a half acres essentially you guys are telling me maybe I have a half AC and everything else is a wetland looks like you I I own three and a half acres and two of it are flood plane and I can't touch it correct I mean I have areas on my farm I can't it's flood plan I have areas that are sensitive to species so I mean we even even Jimmy deals with it Kevin deals with it even in times dance around it and we've seen a lot of homeowners come in with the same presentation it's difficult it's a learning curve for you guys and you're right all the paperwork that you should have got should have had all this part and we are working and we're actually working on have a datab as a homeowner if I would have known all this I probably wouldn't have B that I gotta but nobody tells you and there's no way to find it until you become the when you look on this this is what you get yep that that ain't much that's what I got that's just a mortgage all that is is that's just from your mortgage company showing where your house your lot look on the survey like I said I showed you the subdivision survey too it's not listed on there either yeah ites have to be doesn't have to be on so I'm gonna close this out with we're going to request that you have the weapons flag before we make any final decision on things um we'll we will postpone this notice is this a copy or is this the one we had that's ours that's ours I just need the other one back boundaries make sure that's important just happen to find it in my keep it in your file you know what to do with all that make a good file so when you do sell it and get out of towns and if you do or don't you're doing them a good favor by did you fix your driveway yet yes fix did they poke around wait and there and it just kept filling up and filling up and filling up until that Chu drove over it and opened it up open it up got you oh yeah I'm I'm sure at one point told me I can do is do now I'm waiting to do the back okay so you're gonna move forward the trees now I the out of the buff I took care of the driveway took care okay all that other stuff been pulled out sh clean up and we have a little bit left over that's right behind you know the retaining wall we had some trp rock and stuff we have a pile of it there waiting for you guys to tell us we can do with it okay I gotta move on I'm ti hry so you're rolling this over thank you folks until they have it flagged I will have it flag the flagging quick you'll see somebody out there and they'll check all meeting after we flag it Town meetings next Tuesday conservation meeting back yes so we have conservation meeting second and fourth um of the month so I was going to say we are looking for three if you're interested as well I am interest I'm serious so are you going to give a date no I'm a date if you want to give freely a time so when they flag it talk to Jessica get it on the agenda so make sure they know that good so we do need as much notice as possible worst case we can add it um during the meeting I'm GNA get Ross I'm going to try and figure out the to F the noi too right before the next time meeting want that as well conservation if you want to do the work for to fill it that yes but that sa so that's minimum six weeks once it's submitted and I'm telling you we hopes that it could be quick but it's so can I ask one more stupid question I'm putting up the fence panels that's not considered gra right no so if I have to put something in there just to put the fence on it's not great cut the brush out cut the brush out you want put them in okay because that's really most most of the grading we want done you know that right that's the majority what we're asking to do doesn't matter if that it don't don't try try to avoid bringing in Phil don't don't bring any fil learn about all this have a good night guys good night thank you recording stop is that yeah then it recorded again yeah it's recording we really got nothing done on that one really this second person I've had really just saying I that was just this just around and round and I understand they'll come around and they'll get it straightened out then they got kind of a f to follow yeah all right uh 3.6 so we received our land protection Grant from nashille River watered we did for the sum of $10,000 wow we applied for I think 23,000 and they said toest but they said to reopened it reapply to and they've requested or asked us to reapply for so in review they must in review they must have [Music] saw Merit to go for more money uh yeah they probably their FIS year their fiscal year was I think that's encouraging I would fiscal year ended June 30th refile oh what we refile refile for for the grant yeah yes so we're approved for so so I'm just gonna that's right Aaron can do so Aaron I forgot we got her sent me an email and I wrote up a quick letter requesting the additional funds based on the original Grant I submitted please feel free to make changes um the request for additional funds is due at the end of August I already has a bu budget ready we just need to make changes to the letter and send it back over to the council for review so aon's tweaking it rework on the verbage what the email States is um ion the funding request of $23,000 in the application under the Wild and scen stewardship council's land protection grant program exceeded our grant cap of $10,000 by 13,000 as the council had already awarded two other grants in the amount of $110,000 they maximum allowed we voted at our last meeting at our meeting last Thursday to only award you 10,000 as opposed to the request of 23,000 therefore you need to send me a revised budget showing the proposed expenditure of $10,000 not $23,000 in Council funds however following this discussion and after some discussion we voted to increase the cap under this program by $13,000 up to 23,000 and offer the two existing granes as well as you the opportunity to seek additional funds up to another $133,000 should you decide to do that you should send me a letter requesting additional Grant funds and budget showing how they would be spent you could use budget uh you submitted with your application as budget included in your letter request for additional funds will be due by August 31st so know we're not guaranteed the additional $113,000 but they have they're being positive about it they're being proactive yeah but within the 14 days by the end of August which is coming around the corner is Aaron going to be able to submit to her what our uses are going to be with the oh it already has we we're going to survey survey some parcels and have them the boundaries marked that was the whole point yeah we got a little lot so does that get approved by us is the commission is on conservation or is that what part approved by us what the money is going to be utilized for we already we already determined that in a prior meeting I missed that meeting huh well we I think you were here physically but you might have missed it I don't remember I was discussing any boundaries that we were gonna spend money on oh we've been discussing for a couple years that we have you were on a Hiatus but no what specifically you only have to mention a couple points what pieces of property specific on W I don't remember a fewel so we have a list of parcels that we can pick through and I I feel that it so the money is going to be utilized to define these boundaries on them because what this property getting eaten by the state or not the state there's there's a Butters there we've We've ran into a Butters in Timberly Park that have encroached and it's also people want to hunt our lands which they're allowed to but if there aren't any boundaries it's tough to determine okay all right I that's the other thing I would have remember this discussion of these areas that are in in L bound oh wonder if that's when he was having a surger oh because I would have remembered the discussion because no you were you were getting rebuilt yeah yeah getting rebuilt because I would I when you were getting REM Steve just got the same thing as I did he wouldn't let me visit him same thing he got that's why he a call me that's why 14 days ago perfect spot on Steve like I just saw the other day back out Saturday came out everything no more AIT everything spot on best thing he could ever done only had a cough he said a while all right let's so I'm going to read this letter if there's anything that you guys want to add or I apologize for not being aware of some of these boundary issues I'm gonna I'll bone up it's not issues it's trying to be proactive $23,000 is is a lot of money well you get some of these bounds for for the wild wild and Scenic I'd love to see some of has seen that much we just need to even a little lost in and I'm pretty good in the woods yeah so yeah yeah we you know at a later date once we figure out it if we if we do receive the additional funds we can pick through the list or come up with how we're going to do it I think Autumn had already started trying to figure it out but yeah we can go from there um so wild Scenic Stewardship Council town of town in the towns cons concom are grateful for the $10,000 Grant awarded to town for Serv survey work to be completed um of our conservation lands now did Aaron write that did that got us the 10 she's she's only been here two months now so I didn't know yeah she wrote the she did the original application good good for her so to help the cons the the survey work on two more Parcels ad to the survey work already funded so we must already or a must pick Parcels we request an additional 13,000 these funds would help continue mapping our land boundaries and natural resources we hope to utilize this information for a clear picture of our land and Watershed connections and opportunities for natural resource protection and creation of habitat funds will be used to have a professional land surveying company Mark the balance of land Parcels requested with 50 fo intervals for sides and Corner markers uh oring and etc etc Market this work will assist us in safeguarding these natural resources and iated Weds for Generations come the survey BS will then be permanently marked by the volunteers with the Conservation Commission than for consideration please do not hesitate to reach out with um questions um or clarifications I think 50 ft are a little that's no we probably see how that comes when the time comes what do you mean 50 feet increments marking that's that's layo work for that's layo work for construction work on the on the boundary survey straight lines you know straight lines you know ref want to fee or something you okay and we get volunteers we create blazes well they're going to do it because some of these pretty dense correct that's what I'm saying the next best thing to being able to properly blaze it clear cut clear those areas 12 wide correct another think I just ask a question have we thought about a Forester going through all over the property that the town of towns and isn't ownership to give an overview of logging I think Kevin I don't know but that's something we should discuss moving forwards we we should because right now you can't give a pine log away but yeah you also State massachus Canada is buying them well either way where it's going to the yeah but uh so do we anything want to add it's great get it get it get it motion to approve the letter that Aaron um absolutely for us on on our behalf to the Wild and Scenic stewardship grant for the additional fund I'm motion on that I think it's so you second yes roll call vote James Duran yes Jam yes smth yes P J yes P did you have anything to add sorry this conclude does this conclud so next is request for certificate of compliance for 88 met Road De number 308-7008 TW wb22 24-17 um Jessica looked at it so there's no issues obviously no and the one comment I do have is that when Mr schaer was going through the um for the water quality certificate the 401 yeah they did the declar did a tributary to the swan book which I think they're reaching in I tributary to the Squan believe that's the wording they have it's it's available it's public let's just go all the way and say it's part of the cold water fishery too dry bed so is that why no we don't I beond me I know I I I I I make a motion to approve that made a motion I'll who's second James will second James Duran there you go uh Ral call vote James Duran yes James Gates yes yes P yes Mr rest in peace correct correct so does this complete everything so she's does not need to be let's close out right here when we're done all right so that's Jessica will communicate and tell her it's been blessed and done so 3.8 good that's good I'm glad you so we have an invoice here uh warrant for GIS Services uh for our um Wetland mapping and inventory from monachus Regional Planning Commission was that like 63 bucks yes um so I need a motion and a second to approve this invoice to mrpc for $63 we'll make a motion to approve payment the MPC in the amount $63 I'll second call vote James dur yes James Gates yes Kevin Smith yes [Music] yes all right course correspondence m PP WPA 101 um presentations oh where where are you cor correspondence 4.1 uh so join at Mass TP central region Wetlands program staff to learn basic of the WPA so always good to refresh yourself um offering our WPA 101 presentation which provides a general overview to help you get started season staff and commission members looking for refresher welcome Monday September 9th at 100m where is that going to be again that's a hybrid it's in person at the uh zero and remote on teams yeah um and then Wednesday September 18th at 6 pm is a uh remote session right so you do okay I no no tomorrow tomorrow um we're online tomorrow 11 o'clock oh yeah yeah what's tomorrow yeah no I'm just trying to remember she called me yeah yes s of lost what is that about something that has nothing to do with this yeah that's why I said it in code we go on virtual online with this Margaret scale for agriculture all kinds of different programs and such that the state's offering so that's why I I just it was kind of like a cold thing throws Jimmy up but he knew what I was talking about right that's why he said yes he knew what I was talking about I'm sorry so we have DCR cutting plan W two and a half acres um he's actually from the same company old Turn Pike what's up piece how big a piece is that two and a half old Turn Pike two and a half acres yeah they getting 14 over 14,000 how many 1400 two and a half acres I don't see 14,000 right no you never know it might be trees a whole bunch of them they charged me thousand to remove them that's the game that's the game this is uh it's not like we can do say much uh this is Cemetary clearing yeah this is for the yeah the further to the left on no this is the cemetery this is the Old Turnpike Road was the piece we slated years ago out by Le just before Le's tent remember where Le was the town's got a piece of property and then on turnpike there's a piece on Turnpike go in Old Turn Pike that goes what part up the state no Dudley Road is pad do you know where they put in the new Cemetery the back side back section of that all right going towards going towards the river going towards the river yeah almost getting out behind how many acres for the old FR fighte is 4.46 oh 4.46 I had two and a half acres for Turnpike and Dudley 4 point Dudley is two and a half turnike is 4.4 okay okay and the money made acquired from that goes to town general fund correct I don't know that doesn't have any they don't that's not disclosed why no this is Cemetery well town of cemetery part what's this one yeah this is the cemetery Parks turnik yeah full turnik yep down by Lee lass remember where they took that tent B that used to be there the property just before so if you turn in and go past the tent B heading towards the F on the left hand side on the left hand side right after okay and that's where the four and a half acres yeah you didn't know that we slated that for a cemetery when I was on the on the on the uh really properties committee yeah that was a piece of property we slated it for an expansion and uh and then far away no connection well 100 years from now 100 years from now who knows what you're going to look like up there it's high dry ground it's all it's all sand and gravel no the last thing I want to do is go someplace wet I spent my life working in the water the next life Bo Fe so they're going to take 42,000 Fe out of full Turn Pike Road and 14 out of Road there some other stuff they taking out too that's total they usually separate that the 14,000 would be the board is it Totaline on okay that's a useless piece to this whole conversation piece of information for us hey you guys are the ones that want to go home okay celebrate P new car finally got oh did you finally get a new ride I finally got my car yeah what is it Subaru I knew that next meeting is Wednesday August 28th and then September 11th 2024 7M B chamber second floor um held on Zoom also it is 853 what I motion to adjourn I got it pat second James [Music] James yeah we got anytime yes you want adjourn yes sorry thank you