Following the delay, the Commission delved into the conservation restriction and baseline documentation for Shaker Mill Pond. Representatives from Oxbow Associates, including civil engineer Patrick Work, addressed the Commission. They discussed three violations within the conservation restriction area: unauthorized plantings, a fence, and a shed. These encroachments had occurred before the baseline review by Oxbow Associates. The representatives asserted that deed restrictions had been communicated to homeowners at the time of purchase, but some homeowners had nonetheless encroached into designated conservation areas.

Commissioner Jess Gino raised concerns about whether the conservation restriction could be accepted with these existing encroachments. She questioned who would be accountable for rectifying these violations, given that the conservation restriction had not yet been formally accepted. It was agreed that homeowners would need to be notified, and the homeowners’ association might play a role in addressing these issues. The Commission decided that a site visit would be beneficial to assess the situation further.

The discussion also touched on the timeline of property sales in relation to the encroachments, with speculation that the shed might have been constructed before some homes were sold. The importance of adhering to Article 97 protections was emphasized, as actions on protected land require careful consideration and may involve state legislative oversight. The Commission noted the need for Heather, the conservation agent who was absent from the meeting, to follow up on these encroachments and ensure appropriate notices were sent to homeowners.

The topic of property boundaries and the status of fences along Shaker Road was also discussed. There was uncertainty about whether a particular fence belonged to homeowners or neighboring properties. It was noted that the fence appeared to be over the line, and further investigation on-site was needed to clarify these issues. The Commission expressed a desire to resolve these issues quickly and appreciated the patience of the involved parties.

Further discussions were held regarding the creation of a homeowners association, which had not yet been established. The creation of the association is contingent upon the approval of a conservation restriction. One individual expressed frustration about bearing the tax burden alone, highlighting the urgency for the establishment of the association. The Commission discussed the dynamics of property ownership, noting that neighboring property owners’ lines end at the conservation land, which they do not own.

The meeting also covered various operational updates, including a proposal to change Heather’s position to remove her from union status. The timeline for implementation was noted as “very soon,” although external factors could delay the process. The potential for a salary increase associated with this change was acknowledged, though it was clarified that it would not be drastic.

The topic of sheds was raised, with a plan proposed for their relocation. There were humorous notes about the logistical challenges of moving a shed. The conversation transitioned to zoning issues, mentioning recent changes in state law that now allow for detached apartments or accessory dwelling units on properties.

The status of 71 Sandy Pond Road was addressed, emphasizing the need for public meetings to determine the future of the land. These discussions are expected to take place over the winter, with community input anticipated. The potential for the land to serve a purpose beyond parking was highlighted.

The Commission revisited discussions on the PACE program, noting opportunities for the town to take over certain responsibilities related to the program, especially if ongoing support was not secured. The possibility of using funds for invasive species management in local ponds was mentioned, but there was uncertainty regarding the specifics of fund allocation.

Legal complexities surrounding the status of a 501(c) organization and its implications for the town’s ability to manage certain properties were also discussed. Concerns were raised about finding individuals willing to take on significant responsibilities. The conversation then shifted to access issues related to Flanigan Pond, particularly regarding a sewage treatment plant on Central Street. The need for ADA-compliant parking was emphasized, with the Department of Public Works suggested to handle the necessary engineering.

The meeting included updates on stormwater utility support, with Heather working alongside the DPW, and discussions about Beaver management indicating control in certain areas. The disposition of conservation restriction land at Stratton Hill was another point of interest, with upcoming decisions by the Planning Board potentially involving entities like Fish and Wildlife.