e okay the Dion conservation uh wishes to open its meeting at 700 pm. Old Town Hall 111 Somerset Avenue this meeting is video and audio recorded for cable broadcast and Internet Posting on www d-m mas.gov and YouTube would everyone stand please for the Pledge of Allegiance Al to the FL of the United States of America and to theic for which it stands one nation under God indivisible with liberty and justice for all okay first on the agenda is is an address by from myself and this deals with the American chestnuts uh there's currently over 100 uh trees that are now growing and they will be planted around town uh some on uh Town property and some on personal property if you think you have uh um non wetlands that open up to the forest and wish to be part of it uh you can call the the conservation office and give your name and telephone number and address thank you um our first item on the agenda is uh review discuss act on minutes of previous meetings uh we have before us uh Thursday February uh 29th um has everyone read those and uh wish to motion to accept the minut any comments from anybody um I did notice um Lisa do you know if we had a chance to amend the 229 yes okay perfect yes regarding the um two motions yes yeah exactly that's I I got that done perfect okay that was my only condition I apologize no it's okay no that's motion to approve the previous minutes second all in favor was there another there weren't any others okay okay uh next review discuss act it's a continued hearing uh it's an N red application by Dean Smith of New Leaf dayon energy uh a continuance request received by Dean Smith uh they wish to continue it to 53024 motion to continue to 53024 Second any discussion all in favor I okay uh next was uh to review discuss act on a continued hearing notice of intent application by Robert J Russell III zero Horton Street map 7 Lot 36 for construction of a single family house with septic system uh application withdrawn on 328 by applicants request uh Lisa that's completely gone so we won't see that anymore okay um is there a motion to accept the withdrawal motion to accept the withdrawal second all in favor I I sor s okay review discuss act on a continued hearing abbreviated notice of intent notice called an enrad from C Bell belf Farm estates seeking confirmation of wetland resources at zero milk street map 17 Lots 109 135 and 208 file number 17- 489 um Lisa was there anything on that Lisa hi all right so I was just um checking because we asked for continu form has not sent that back but you have the authority to continue I will um I will make sure we get that from him however he did send Mr rebella did send an email um because it's been some time since we had her back so I um reached out to his consultant um I guess consultant was trying to communicate directly with Weston and Samson but that's not really how we do it so in any case Mr rebello did Express a few concerns on the phone and then I asked him to put it in an email um so I'll read the email um dated April 17th to myself from K reell Hi Lis I hope this message finds you well I'm writing to discuss the scheduling of site visit between our time and time team and Western Samson to review the veral pool locations that are in question it's crucial that we expediate this process to ensure we do not miss the best evaluation period for clarifying the veronal pool locations although my Engineers are still in the process of updating the plan and may take a few more weeks before it's ready for submission however I believe it's essential for Weston and Samson to meet with our environmental engineers at the earliest opportunity please let me know the Ava availability of West and sson for a meeting and also provide details regarding any additional costs associated with this visit I am prepared to submit pay payment promptly here is the direct contact to my engineer he will be in person um to meet with won and Samson please contact me if you have any questions okay what when Weston and Samson gives them their pricing I'd like you to follow it forward it directly to them and um we don't need any special vote on that to on the amount just whatever it is it forward it and uh and we'll continue the hearing until next month okay did you want to have any discussion by the committee um I don't know do you have any discussion on no you got Dave no I don't have anything uh okay so then let us uh continue that is there a motion to continue it to was it may um uh May 30th May 30th motion to continue continue the enrad on Milk Street FAL rebello till 5:30 2024 I'll second but I'd like to discuss it prior to the vote certainly so now it's been made and seconded um this has been kind of dragging on for some time and we've had some very poor responsiveness from the applicant with a lot of continuances coming at the 11th Hour um so I just want to clarify from a process standpoint how this would work and what we would do now so now will we will be sending a quote request to weson Samson and okay Lisa will forward the amount to um the engineer and to car rebello and if they pay they'll get their review if they don't then we'll have the option because because if they don't pay it we have the right to deny the project for their lack of act lack of action for the uh 53g okay so we'll be at Leisa will be able to forward that to the applicant receive payment and then by the time of our next meeting we will have something to review uh it seems like that that would work hope so um Megan can I put you on the spot do you think your schedule would allow that I mean that's like five weeks I think depending on when we figure it out potentially okay yeah all right so were you you weren't copied on this email I can give you a copy if you would like I think I was uh well I know there was another email that just came in a little while ago I did not read that one that was from his engineer oh yeah it was just reiterating okay we have a motion made and seconded uh we already had discussion if there's any more discussion okay all in favor to continue it to May 30th I okay uh next we have a review discuss act on a continued hearing from Ahmed um hon of grasshopper energy Brook Street uh this is table to an uncertain date a bud need to get Ren notified uh Lisa have you heard anything from them uh no hold on um you know this uncertain date is uh um um I do know they may be withdrawing this uh in a discussion with the storm order committee yesterday uh they are redesigning their basins all within the existing footprint of the limit of the project but they're redesigning them based on some feedback they got from Weston and Samson through the storm water committee okay so um I did say that it would be helpful if when you wanted to come to the Conservation Commission of the change if we could just do all the changes at once but um I think they might be withdrawing their change request on the tree removal but don't know okay so uh so they're still looking for a tabling of it uh um if you uh request that they give us information before the next meeting uh we're not going to drag this out forever because they they too have been uh well on our part they've been negligent on the Weston and Samson but if they're dealing with them in another another vein that would that that would work for both both parties snor water and US yeah okay um is there a motion to uh table to on certain date to continue table it y motion to table to a date uncertain buts must be R notified second all in favor okay riew discuss act on a continued hearing abbreviated notice of an of area delineation application by Alexander robero seeking confirmation of wetland resources at zero time Tiger Lily road map 2 Lots 4-5 file number uh SE 17495 Phase 2 scope of peer review Services received by Weston and Samson in the amount of $ [Music] 4,720 um okay you are here to uh so Greg Driscoll from JD civil representing Alex rero again please Driscoll of JD civil representing Alex rero here for zero ular L land and okay you're going to present the plan correct yep now now this plan that you're presenting is it um without the scope of phase 2 right it's just responding phase one review by Weston Weston is actually here aan is here one scientist to actually do her I don't know if it makes sense to have her do her first whatever you guys want okay want to uh okay oh wait you and you and Jack and [Applause] no he's got it up there um okay here time okay they're they're up here okay we're ready all right so um have question Samson do their present what their findings are so far or does that make the most sense Megan because you you've only reviewed the first they're ready to present new information now so whatever EAS a recap of phase one might be beneficial before going to phase two phase two has not St has not phase two has not started but they want to present the additional information that they found for the phase two review so but payment of that phase two review has not been made correct okay all right we have not had Weston do there they submitted their report but you guys have not heard the report okay mhm yeah Megan would you mind sure okay whatever yes why don't you come up then and uh let me just pull up I have a presentation quick presentation all right so good evening my name is Megan Kars I'm a wetland scientist with Weston and Samson and I'm just going to briefly go over um our findings of the zero Tiger Lily an rad uh just to recap uh this is the project site uh circled in red right here it's a USGS topographic map uh zooming in a little bit more on a mass GIS map uh there are um no natural heritage mapped habitats here I will note the site is located in an outstanding resource water uh these were the materials received that we reviewed for round one um which included the anrad application the existing condition survey um the Mast d z notification email and proof of certified a butter mailings U so the main technical comments um from round one included that the applicant should provide Wetland determination data forms for each Wetland on site oh we also just noted um like I mentioned before the site is located in an outstanding resource water in O RW um and just to quickly go through the BBW series on site bbwa Weston Samson was in agreement with this a BBW B we are also in agreement we just wanted to note um that there were some wood frogs um observed and some egg masses in this Wetland um and that it should be um assessed further and bbwc and D series uh we were in agreement with those um as well so there was some additional correspondence after the fact um the applicant did provide some uh Wetland delineation data forms and updated the existing conditions plans with um some Vernal pool boundaries and some changes to some colored lines on the plans as well for clarity um so just a quickly recap uh data forms were provided however we recommend that data forms for every Wetland delineated be provi be provided um only one set was provided and it was unclear which uh Wetland that was provided for um all intermittent streams within 200 ft should also be delineated there are some back and forth um we recommend a site visit to confirm the presence of the streams but uh defer to the commission as those streams are not on this property um the potential Vernal pool limits and the associated buffers were added to the plans so no further comments there um and the existing conditions plans been updated with that symbology so no further comments there um and that is it briefly did you have any photos or not for that or I didn't put them in um this PowerPoint no but I have them um in our memo if sorry that's okay could you just pass them around for the guys or sure awesome if you want to take a and on the next page to M photos on that page and the following page okay [Applause] think done this I don't know okay does anyone have any questions for Megan Paul Jack any questions for Megan no okay um anyone outside any question anyone in the audience have questions from Megan okay uh uh Greg is it okay why um thanks Megan all right so um we did submit a response to comments letter um addressing all the comments that were in the um the letter from W Samson I can go through that I you you guys have copies bring copies see I um I know I emailed it to you guys well I should have if I didn't um didn't make it in the packet do you want to just read it for for the record that would be all right so our SP to uh the first first comment reads andad notes that mass board reg Wetland field data forms were collected during the slow down please um so first comment is uh requesting the field data forms um and our response is that we uh submitted the revised Wetland delineation memo with the uh the Wetland determination filled forms uh to the commission on April 3rd um the second comment delation report that is attached to the an application notes that the site is not located within AC or NP M have a rare species WC would like to note that the site is located within outstanding a mapped orw for public water supply water shed associated with the somerset Reservoir however this does not impact the application WC recommends that any intim streams located within 200 ft of the subject property be flagged and depicted on the existing conditions plan to show any applicable buffer zones um our response to that is that intermittent streams 200 ft of the subject property have been located and shown on the revise plan this has not been Revis uh reviewed since yes so the set of plan they have before them right now are dated well we have two sets we have a set dated to 328 and then a set dated to 411 so we should look at the 4 this is the 3 yeah and the 41 one is two sheets um as I have on on the board [Applause] here so actually drive [Applause] here you're not going to go back here because you can UND buffal no touch no build zone no build this would be the only place right here so the the Bist um brades went out and first elated the the potential veral pools that was the 328 revision um then the inter streams that's could you just point out where the Vernal pool is on there yeah right here okay P here 200 should be 200 yeah from the high water from the high water yeah and then I don't see I don't see a 200 foot PV 100t buffer your 100t buffer is your 200 line you guys consider the Verna pool itself as 100 and then from there it's another 100 right but you were going to add the other line this is the other line yeah Blue Line halfway between say verle the only place they could build the house is right here this is the edge of the bar based okay so that's right here and e they do the same okay so that's that's 100 from the from the high water mark 100 that's the 100 high water mark and this is the 100 from the high high water okay I I understand what you did okay thank you then your the other page I don't think we have here show this is not your here and then the other bank on the other side of the pool we have sheet here sh it's 251 ft away from the okay so and they didn't find any um any streams within the cies or okay that's I guess that's good for them okay so this here would be the main I don't know let see yeah okay so where is your uh location for well we don't have to know about that right now no we'll be back yeah okay all right yeah we we have the areas in the back where we're initially um looking to put in a house all those buffers and everything are to find now so now we know we were box in for septic system in the house and okay yeah which was the intended purpose of the yeah this is a this is very unusual site absolutely there's a lot going on I didn't expect everybody's everything around it to kind of buffer in so we did get a peer review um estimate here um so you guys have all had a chance to look at the estimate it was identical I think for20 okay but now with this new um revised plan would that be necessary for for Wason to come into phase two well that's up to you guys so um I have had uh conversation on the phone with Mr a and then I met with him um to go to look at kind of he wants to perk as soon as possible so he knows if he should move forward so in order to let him do that we kind of I I would like to go to the site anyway so I think he was going to ask if you guys would be willing to wave Phase 2 and let me handle it I told him the only way I would do that if Brad Holmes the Wetland scientist was present with me because I'm unfamiliar with the site so it's so takes less time someone else goes I guess my question is before I go I rather not spend another five grand I understand and then find out I can't even build a lot CU it doesn't perk for some God awful reason so I would like permission to at least get in there stay away from the wetlands now that they're delineated I can go in there and perk different areas of the property we make a minimal mess and again I do this for a living so I understand the wetlands and what we can of cannot do I'd like to at least be able to get in perk try to perk I don't know how much perking I will be able to get done in a little box of a bunch of ledge for my original intent but obviously you can come out to the front we have room so my question is uh this here can we wave the secondary review um in order for me to per in order for me to go trying to reper test now Lisa what what is your comfort level in um with us wait if we were to wave phase two and have you do a site visit in consultation with the Wetland scientists what's what is your degree of comfort with that you feel okay about it comfortable yeah I mean I I've met you know Brad on sites and review lines with him um so yeah I mean one step at a time we're not ready to talk about the perk yet but um I am comfortable as long as it can be done in the next couple weeks I mean assuming you know I don't think he wants to wait until May 30th No No I um yeah yeah you know this this area here and I okay this is what the 100 here 100 here yeah and this what is this y one we have we talked about access to for the parking 50 that's a 50 foot so he'd be traveling through the 50 Foot and even as close as a 25 and some ears to get through so this is this would be a gold up here then and not here how close can can I I can I go a this certainly this certainly here seems to be the the the best area but but there was also indications that you wanted to go further back originally I'd like to put the house here and sitting in here however I'm not sure Greg has brought attention of where the setic would be now that we only have an are put in in well time well you wouldn't even here's 100 foot here so you wouldn't even so would have to be in here no that's oh from there okay all right I wish it was the opp right can you sck that area for um for the for me yeah no I would I feel more comfort to see it myself if I'm going to approve the perk I would like to have it absolutely okay so you're looking for a perk here yep and that's the only place really back there or back of front you just men uh well yeah this this would so I but this here is already out because of you got uh what is it 100 here and what's this again that's in oh that's the no Bild that's the 50 25 the 50 and you have the 100 so the house would sit here if possible and then the SE that would sit just in this box I was LE you f sit back here he knows he yes I understand all that I'm just trying to give you an example and if that doesn't work I to the front and just do it up front ask you question big difference but it's whatever you guys whatever I'm allowed to do is what I'm allowed to do okay I'm going to circle this this going to be our map here okay so I'm just going to circle this area here then I highlighted one set but okay so that is one possible area that only that area here no you got to oh oh I did the wrong place oh God okay all right you put a star on that one so as far as getting back there I'm I'm very comfortable I have can get back here clean without making a mess or touching a no touch though okay and so the other area would be I'll let G tell you that part in here that would be a possib outside oh this is the 100 from from where oh from here so it would be over here somewhere so the house would be here then yeah that's it okay so the those pinch points it would be really critical I think for the if you were to Mark like um you know the areas yeah the access area exactly so that you knew you know to stay inside I know but you know things happen this is the other area here right okay big difference very but what what's that 300 ft anyway about 300 400 MH okay so I guess the question is um if you guys were to wave the re West review and let me finish reviewing it then would you guys feel comfortable with me allowing me to go in and perk without filing an another application with us uh I would be I I trust your judgment and uh what now what kind of equipment would you go in back in there with it's probably going to be a 20,000 lb escalator little mini like a little bit of a mini okay so you wouldn't be busting through all kinds of trees okay what's like the largest dbh stream that you have out there is it uh in the path of where the machine would be going off top of my head it's got be 6 8 in not even nothing that I got it drastically knocked down I'll make a small foot I think the biggest issue the biggest thing that you're going to notice is when I come in it's a to it's a drop off off the road so I have to get myself in once I get myself in it's very swamp mats or something kind no I just I'll just bucket the machine in it's not a big deal Jack how about do you anything well I mean out front this is all his area anyway so he can do what he has to do to get in there you know what I'm saying 20,000 lb machine you know stand the tracks are they a little bit R the tracks I mean you know he's not he's not going to have a real heavy footprint it didn't just rain 4 in well no there first of all he r that whole area is Led You know I mean he he's going to maybe a humus pocket but you can dress that up on the way out if you're comfortable I'm comfortable yeah no I mean that's so um So based on site conditions I think this one would make sense yeah you know it's not a huge lot or anything and based on the fact that you know we're only looking at there won't be I won't have to review all the already done the bulk of it yeah we only have the two areas so okay so you would you will mark off uh the entrance that the vehicle would take and then the site where the perk whether you do one or two back there I don't know to be room for even two back there um but uh and and so if that one doesn't work then you'd have to go to this one here and and hopefully if that would work if the other one doesn't um okay so your request and if I'm is to permit um uh without going to phase two you wish to do prot test in those two designated areas yes and can I request one more thing um well actually he's requesting that I review phase two of it okay before the next meeting and issue a sign off for the pro test yeah and then I was going to ask if we could have after after she gives to go ahead well if she's going to do the protest we don't need a uh secondary review before the next meeting sorry okay so if this goes through here with this vote you would have probably everything done before our next meeting in other words you would have the perk test done um May depends on the availability of board Health we haven't engaged with them yet because we need to get you know this taken care of okay per app okay we did file the perk app and it's been on hold since yeah you did okay uh um Lisa how would you like this motion to um to abandon we don't we're not going to abandon a would this be a motion to allow the conservation agent to conduct phase two of the review and then to issue subsequent approval for a prot test is that your motion yeah so move and continue uh is there a second second okay uh before is there any discussion out in the audience okay any discussion well I should ask for here first all in all in favor you know he's got access he can do whatever he wants out front that's not our jurisdiction well yeah real close but back it is I mean all out front here Jim first of all he's on uh two roadways and it's all Uplands yeah yeah the only thing we got is once he goes past the 100 foot to get out back that is one thing to consider because with the wetlands protection act avoidance is the first you know if you can avoid you know a wetland and avoid a any disturbance then you you really are obligated to use that area so when it comes to the notice he's not going through any Wetlands am I correct yeah we're not directly disturbing anything so we'll be it'll be in the buffers minimize avoidance and then minimization so I mean preferable we would love you to just stay at the front is what we're trying to say but we're working with you on this I appreciate it I B A lot to build up back and the last thing so when I bought the law and I'll be honest with you guys here when I bought the LW it came with a plan from 08 the plan shows approved perk test the approved perk test is right where the Wetland is so that Wetland was manmade by an excavator bucket with a pipe that's running right through it so it's it's just been water SP sitting there that long due to the development of the neighborhood that it over time became Wetlands so what I didn't realize was I noticed that after buying the property so which brings me fast forward to now here we are so okay motion was made and seconded uh no other discussion okay all in favor I I I thank you okay appreciate [Applause] now we brand holes he's um oh okay uh yes no okay go ahead um want to you want keep no I looked Some Mo that already all right moving on okay uh next is a review discuss act on a continued hearing notice of intent um from Junior Delma for construction of a single family home utility septic system driveway and proposed grading at 418 hot street map 20 lot 95 a portion of the project Falls within the buffer zone of jurisdictional wetland resources under the local bylaw plan sent to D director Tom Ferry for input uh there's no D file number because this is the local jurisdiction uh bylaw uh is anyone here to uh uh junior the Lima they requested a continu the form today yeah yeah but but you also have to back up and continue have to vote to continue the last one so this is going to be continued Tiger Lily Tiger Lily the one we just did needs to be continued to 5:30 okay motion to continue the uh era of application for Alexander lero seing confirmation resour second all in favor I okay thank you um Junior Delma Delma uh motion to continue notice of attent for 418 heart Street to 53024 second okay any discussion um all in favor all I'm having her have get continuous form sign okay review discuss act on a continued hearing abbreviated notice of resource area deliniation applicant by David Butler um seeking confirmation of wetland resources at 833 William Street map 8 lot 20 file number 17- 499 scope of peer review Services received by Weston and Samson Incorporated in the amount of uh 44,7 $720 you sir we looking for a motion to accept the P quote motion to accept the peer review quote for 833 Williams street map 8 L 20 from Weston Samson amount of $ 4,720 second all in favor I okay okay uh review discuss act on a new hearing notice of intent application by any PCO for completion of transmission line refer refer yeah refurbishment work on the 315 and 327 lines starting under uh the previous ooc D file number 17- 435 the work for walls were in the regulated Wetland resource area uh Lisa what is that that's just uh more of a notice to us I think they're um they're actually here for that one oh I didn't see anyone jump up and uh where's where's that uh come and go to where do it start and where do that end oh sure yeah I can well I mean I might have to excuse myself I want to find out okay all right so have two for the next one but I don't know about that one yeah so this uh this right of way starts um let's see basically um let's see it crosses looks like Route 44 um County Street Wellington Street can I'm all right with that one from you have to yourself no the next one no I have okay Berle L this one I'm okay okay great um so uh good evening my name is Allison mman I'm with bstc group on behalf of the applicant New England power company um as Lisa mentioned um this Pro this project was um reviewed and approved by the Dian Conservation Commission um in 2020 the 2020 um due to delays uh and that work not expecting it's a 75 mile re um refurbishment of a transmission line um so they they kind of got delayed um they didn't get into the town of dayon until 2022 when they started doing the replacement structure work um so our order actually expired uh last fall um unbeknownst to me it was so I red out Lisa and um because they're still finishing up some of the restoration work we they're pulling um the temporary construction mats from Wetlands right now um and they're also planning to construct the uh Wetland replication area uh that was permitted under the original notice of intent uh she recommended that I come before you and request a new order of conditions uh to close the project out and um finish up the uh what's left of the remaining activities um but those of you in town have probably noticed that the the old wood structures have all been replaced with the steel structures along this line um that they need to they need to do their cleanup they need to remove the Old Poles and pull the temporary construction mats and do their um replication area uh so that's why I'm I'm before you tonight okay Le do you have any input um yeah so have you guys been keeping up with the erosion controls and everything's intact and yes we have full-time yeah BC is out there full-time with the contractors um and um providing oversight from Environmental Compliance um uh we did have we did have one situation where we were continuously blocking off a wetland um but it just keeps getting impacted by ATVs um we've hung uh put up basically caution tape to try and keep you know that that activity out of the Wetland I have photos of that but um as far as the project related activities yes we they're they're in restoration mode right now so we're just creating punch list items for them to um you know what throw Wetland seed down and stabilize when they we definitely want them to continue with that um just um I'm thinking about the paperwork that's involved so if whether or not I can use the old order for the rest of the project um I don't see why I can't and then just you know create the new top pages and then just attach that um Lisa would you just re would you recommend approval with conditions yeah thank you I don't know if there's anyone that has to anyone in the audience have any questions about this transmission line I think this affects me I yeah it does yeah okay want to go to the podium please so the mic can pick you up address to we received an ab's letter your name and address please l o Carnell 2 2410 mained Lane and I'm just I I don't know if it was from your company I'm assuming it has to do with this one but I don't we're just concerned what you're going to be doing are we going to be the right away again for so that the majority of that work is is complete so I'm here just to request approval for them to finish that work their permit from us expired that's okay so this is yeah oh so that's why we're getting okay because we obviously didn't live here when the first one came out so I just know we've had trucks constantly for the past two and a half years so it's like great project yeah and it's a small street so it's finishing up within the next year okay well the last structure is going in this week so right now it's really just making sure the overhead work is done it's yeah I I think you're going to start see thank you okay anyone else okay uh do we have a motion to uh issue a new order of conditions to supplement the expired one motion to issue a new order of conditions to supplement each second all in favor I and Allison I'll send that to you um or do you want to send someone to pick it up um do you mind sending it to me please I'll send it to you yeah thank you okay um we said before I do you want GRE card yeah we need those she they paid right yeah you can just thank you okay next is uh review and discuss an act on on a new hearing a notice of intent application Again by NE PCO for uh V5 U6 and s815 kilot transmission line uh that the presenter for for that are you no she's not it's VHB and they actually requested a continue it because what happened just so everybody who's here for that item okay this is uh trans line condition refurbishment project the TR transmission line runs from dayon Berkeley Town Line through to the dayon Swansea Town Line and they've asked for a continuance you said yeah and the reason for the continuance is some of their bu's notices went out late and they didn't even go out until this week so they're continuing to May 30th as well okay motion to continue to 53024 Second all in favor I I Morin could you please make sure that the minutes reflect that Jack refused himself yeah uh review discuss act on a new hearing notice of intent application from Andrew Dyer 192 Cherry Street map 25 Lot 88 seeking to construct a single family house and septic system with Associated grading the work Falls within regulated Wetland resource area 17- 497 thank you Mr chairman second okay uh for everyone this is a little bit north of the boat ramp um is this an empty lot Lisa h no there's a building on it okay so R development right yes correct okay so this is um are you going to knock down the old building and and how's that going to be yes we are take okay because when I went online I did see a building there and I'm saying it says new construction there's a building there a house there small house and there two two shs all coming down cleaning it up okay go ahead thank you uh scottt far from homr engineering representing Drew Dia uh Drew owns the property you see before you at 192 Cherry Street uh as you guys know that that whole area is well under the the flood zone the the coastal uh flood zone the elevation is at elevation 15 in that area this lot is at elevation n and Below uh besides being in the flood zone we don't have any uh Wetland resource areas where we're in the buffer zone there is a a wetland across the street where the 100ft buffer zone just barely catches our front lck corner and then the 200t riparian Zone from the tton river uh doesn't even get over to Cherry Street so we're we're well outside of all of those buffer zones so we basically be you because it's in the uh in the velocity flood zone will you have to raise the house up uh X number of feet yeah the house is going to be up was it 9 ft you said it's uh the flood elevation is 15 and the Lots it right around elevation nine or 10 so it's about so you have to go up five six feet whatever it is exactly exactly and it'll be a a flood compliance structure once you know once we go through the building perit process uh just to ensure that we meet all FEMA regulations at that point um and the septic system is it going to be a conventional or would it be the it's a conventional septic system okay yes right up in the front we uh per were conducted uh it's good soil uh a small septic system but right up in the front is it um outside the 100 foot buffers out yes it is awesome yep everything's everything's outside the buff both 100 foot and the 200 foot riparian um my only question is like storm water from the you know the roof you doing like a dryw or anything or we will I didn't have them on the plan but we we should propose uh you know some dry wells in the back of the house away from the septic system but we'll certainly put them in the back of the house to to handle the roof runoff and it's relatively flat but do you think you need any erosion controls or uh I mean we're we're so far away but he's got money to spend we can put some erosion control around that front corner around the septic system for sure yeah I mean only if you think you know in a storm it's going to go that way just what whatever makes you know you've done yeah right in that lower corner along Cherry Street Y and it'll it'll protect Cherry Street as well if yeah when we get a rain event okay Lisa you this would be in the order of conditions uh the the uh dry Wells for the roof uh erosion control erosion control and all that yeah okay sounds good I do not have any any further questions this looks fairly straightforward and Dave you have any no been out there a couple times okay yes I I've been there many okay is there a motion I propose a motion to approve the notice of intent for 192 Cherry Street map 25 L88 subject to conditions second all in favor and I have 21 days to issue those Scott you know so hopefully I'll get them done next week but it might be the week after that's fine thank you okay so you're okay than so your map and then the uh uh order conditions which will'll have those items recorded in it sure well this was the fastest one so far tonight um and and she even has your check I have a check to return to you yes thank you sorry for the confusion no problem take it easy Marin do I get a check too have a check for everyone you don't even have cupcakes a take okay review discuss act to see if the town will vote to raise an appropriate uh and not transfer available friends from the uh funds of $330,000 to be expended by the Conservation Commission for legal and related expenses regarding complaints filed against the Conservation Commission the town of dayon and our relevant Town officials are taking any action thereof uh this is um um a warrant item that we're looking to put on um to cushion because we've had uh um um a couple rejections and uh we're looking to protect uh uh the town with legal action yes uh so the board of selectman have a you know strict policy that that we're not to discuss the specifics of any particular action but since they have been a couple of actions that there might need to be legal expenses um appropriated for um this would be a sample warrant article to request funds at annual town meeting and uh Mr chairman I believe that you've got some input from the audience if you're amenable Mr chairman vum please to the podium oh thank you I noticed this vote being taken and I have a question the deadline for submitt of Warrant articles was April 10th did you request a placeholder with Mr Mullen uh Mr Mullen has been involved in um helping us to craft the specifics of the language he U he pointed me towards um similar warrant articles in the past okay and the select are going to be reopening the warrant for this upcoming Wednesday to allow a couple of last minute inclusions oh okay okay thank you very good absolutely thank you okay anyone okay is there a motion to um put this item on the warrant uh Mr chairman I'd like to propose a motion to request that the board of Selectmen add to the annual town meeting warrant a a warrant article worded to see if the town will vote to raise an appropriate and or transfer from available funds the sum of $30,000 to be expended by the Conservation Commission for legal and related expenses regarding complaints filed against the Conservation Commission the town of Dion and or relevant Town officials or take any action relative thet second any other discussion all in favor I okay okay uh the next item 14 am Maris Lane I believe there's no one here from there last night's meeting uh with a planning board um had a I'm going to say a a temporary um a fix well it really it's not a fix but um because of water on their property um Jim EGA is dealing with Tom furry about the drainage in that area and he's going to see if if the drainage uh if a drainage correction can solve the problem so right now uh we are not needed at this time maybe next month but it wouldn't hurt us to anyone to go out there to to take a look for ourselves the the uh the water situation and the drainage um as Jim had said that it might just be uh clogged um uh Street drains whether they are Town oper operated or whether they are in the um development itself yeah and I have old photos of the site previously so um now is there water then no okay so so then that I mean I know we've had 15 inches of rain since March 1st uh tremendous amount of rain that is probably five times what we normally get and um is that the reason I I don't know but um yeah they're welcome to come in and discuss it with us in the future though okay I think I'm going to no we don't have to continue this or anything I assume no okay no I think I'm going to recommend though the next one two three three items be put off till we're done with the folks that are in the meeting so that we can have some time to ourselves to kind or doesn't have to be behind of course behind closed doors or anything like that but I'm just saying so we can have extra time um and we're not holding anybody up okay so uh the next three items on the agenda uh the bylaw change possible bylaw change uh peer review policy with West and Samson and the letter to the building uh to accompany a building permit requested to be added to the permit that will be uh uh Chang to the end of our meeting uh is there a motion to uh to delay those items uh Mr chair I'd like to propose a motion to delay that we R discussed act D Conservation Commission bylaw change draft policy issued by Samson commission building perm request until the um inclusion of other business on the agenda second all favor okay we have uh bills payable um now um You uh Paul you've taken care of a lot of these y okay um let's just we'll make it official that the uh um bills payable um um will be paid and uh if you want to make a motion I'd like to propose a motion to approve the payroll and vendor expenses encouragement our last meeting is there a second second all in favor I okay uh I don't think we have to read each one of them off a draft memo regarding procedure of the conservation agent reviewing perk test locations want move that as well yeah propose that we add that to the three affag items that will be taken at the end of the meeting okay all in favor okay uh Lisa you have updates for us um yeah so we did conduct a site visit for 2371 County Street and um Mr Enis and his um attorney and his consultant are here um we we actually conducted that site visit on April 3rd um the 2024 um we were handed an existing conditions plan and since I have requested that we receive a restoration plan I believe that's what Mr dusza is here to present so um I know an email came a few minutes before the meeting but I'm not that person that can just look at it and be be ready but yeah why don't you present that to us that's good thank you you want a small version I I printed a small one on the Fly how was your trip thank you uh it's very exhausting actually very I'm very surprised that you're here actually oh I had a choice between a red eye or leaving early in the morning so I wasn't about to do the red eye called dedication evening so uh as for the side visit that we had out there um we went through and we have uh have finished up the uh plans I know that the plan that I handed to liser at the site at that time was basically a uh survey working plan uh that we had while we were working on the mitigation for it uh all the areas are shown on sheet number one it's got the uh uh two won lines on there it's got the embankment on the the back side of the house uh shows the edge of the asphalt up on the roadway uh coming in it's got all the uh the grading and as you can see it's a very steep grade on the back side uh that grade was uh uh formulated over uh Time by uh both uh the construction of the railroad and also some of theill that occurred uh on the the property um the there is some uh rubbish and other uh material out there on the slope that will have to uh get removed uh and also uh when we went to go do the flagging out there the uh uh soils they really do not um they are not classified as a hydraulic soil but in Upland soil but the well and vegetation that's out there is basically recur from the empowerment of the water the uh water is actually uh plugged up on the downhill side of the railroad track that's uh probably another 800 ft or so Downstream from there which uh I believe if that impoundment were removed the water would be alleviated and there would be no Wetland vegetation out there but right now there is some Wetland vegetation and some in pment of water so on that as uh I had spoken out there on site we are looking if you flip to sheet number two you'll see towards the north side of the property and if you look at the uh mitigation plan on the right hand side of the page you'll see almost like a out of funky looking y that's uh near the the won area so what that is that's a stabilized entry point to get a mini excavator down that embankment cuz that's the um shallowest steepest area of the embankment that's out there so what that's going to do is it's going to allow to get down to the bottom side and actually stabilize the slope on the bottom and then once that's stabilized it's going to work up to the Western portion of the uh premises uh that whole slope that in through there is going to get reshaped stabilized we're going to do uh uh some rip wrap on there uh the proposed Contours that are shown on there those are 2 to1 slope that's not the best slope in the world but it's not the worst slope and it actually um uh alleviates uh some of the issues out there with a the current sloping hot conditions and as you move further south along the property you'll see that the slope is going to get uh worked on from the top side of where the empowerment is and not on the bottom side because it's just way too rough uh in through that area so at that point it's going to have to be a machine from the uh at top side to remove uh uh a lot of the material that's out there and reshape it so that can get stabilized we are proposing uh the Double staked hay bales on the bottom side along the Wetland and the reason why we're doing with the hay bales instead of the straw Waddles or whatnot is because they're sturdier and they're about uh 2 ft high and they can uh withstand the impacts of possibly other uh material falling down the slope as it's being worked so it just creates a little bit better of an issue instead of letting like other rocks or whatnot uh uh tumble into the water all right so can we can we omit the hay bales and do straw bales cuz I don't like theive species no the oh yeah yeah I I straw bells are are are fine not an issue okay yeah and then do you need something a little higher yeah and they could even act this like check dams as you go yep yeah and then on the top side of the slope we actually have the straw Waddles up on the top side just to keep anything from falling onto the slope we also have uh a staging area between the the shed and the container that's out there with a uh straw wles going around that as well just the someplace that can stay some material while uh stuff comes in and out that's required for out there so once we get that stabilized then if you go to the left hand side you'll see there's a planting plan so we're going to be using a New England mix that's a shown in green throughout that whole area we got some uh uh uh blueberry and we got some uh uh Choke Cherry to get all planted on the bottom side the rip wrap on the uh slope you know it'll naturally vegetate as it wethers um and to plant anything on that slope I don't think you'd be able to the way it is or even after it's uh fully constructed so I I know there's a kind of short notice on this because I unfortunately I got back earlier today uh and I emailed the plans over but I just want everybody to know that we have been working on this um and as promised we're here to move forward and hopefully uh we'll uh mitigate everything that we need to okay uh uh I have a question the area which is uh green dotted that's going to be brought right down to that's going to that's going to that's going to get uh the removal of the the rubble and whatnot and then we're probably going to have to bring in some LOM and SE a l in there and then that's going to get resed the the area with the green hexagon that's going to be sloped yes debris is going to be removed but there'll be a steep slope there that and there's uh it varies from a 2 to one to a 3 to one okay well you got to get the debris you actually you'll find out what what the angle is Once after the debris has been removed exactly Juniper might do good there I had to work on a Sant Swansea um and it was really steep we didn't think anything was going to grow there but the creeping Juniper seemed to do okay yeah I I mean I I have no issue with uh having some creeping Juniper in through there as well yeah yeah um I'm going to need some time to digest it off oh yeah I I know I I wasn't expecting anything other than uh that for tonight it's just because of the short notice and I wasn't expecting to go to Utah either but okay I think uh We've made a lot of progress uh from the past we come along way and uh you know uh from what I can see and like Lisa said uh a little bit of time needs to be to to adjust this and all your notes that you have made on here um yeah the uh the notes I I am pleased with the movement of this like and and also uh so you know these notes were almost from another site that were all familiar with uh we also have the Vista pruning of invasive species mentioned in here as well just to you know maintain it and keep it next up um I have a question about the schedule so what are you thinking that are you thinking about doing it this spring okay yeah um I know that uh my client is going to be going out of uh the country and uh for a little while and then he's going to come back in June so after he returns is when we leave actually end up sto yeah and then the pl exactly yeah yeah you don't want to plant oh not not really no how long do you anticipate this project Tak this because of the steepness up there you this is probably going to be at least two maybe 3 months it's it's not going to be easy uh because you know you go out there it's like this and I did see the state working out in the front it's all done it's all done and they and they pitched it into all into the [Music] road yeah okay they push it into the road so do you you must have a lip there between that and I'm going to call it your pocket lot or driveway I'm not sure what you call it was the first resta from B years ago yeah okay and but so there must be a look there on yours on your end to because it's going to be higher to go into the highway they kept it up higher as they could yeah yeah to keep the water off they admit that the water was coming in from the road yeah they admit it no else well actually what I viewed was the street water was going down the street but that I'm going to call it six or8 foot apron apron thank you uh that water was going under your property the apron water you could see it as it went down the hill you can see the channel it was it was out you see the stream of water coming in from the street you understand we didn't have much rain today but it should have been running properly I got to add that on the plan um okay I I I think for now we're going to take this under advisement with this plan I mean it looks good but we can go over it and you can kind of plan on your next step uh because I do see us approving it but we act judiciously on it oh yeah sure and and if at least I has some time between this and the next meeting uh I can schedule a meeting with her and kind of go over everything so that way just a teams meeting it doesn't have to be yeah yeah oh oh yeah that's fine so that way by the time we're here the next time we should have a pretty solid plan okay that that sound that sounds good um uh I don't know if anyone in the audience has any questions this is a County Street 13 okay um are you finished yeah I am does anyone have any questions for now for motion to continue this well a motion to continue to to take it under advisement and study the does anybody else have of any else before iose motion a motion to take under advisement the restoration plan presented to 2371 County Street and continue the discussion to 5:30 second all in favor okay all right thank you thank you thank you Mr have fun you to as yeah beautiful weather coming up anyway I guess um okay next is 10:35 William Street map 8 14-2 letter issued 428 uh previous file number 17-4 uh 403 site visit without back engineering with and owner on 3:13 public hearing open 42023 and Clos with the denial of uh on 720 Lisa anything else on that um I requested a check from the town I guess it's been cut um today and going to record that enforcement order next week okay um so that's going to be uh do we have to have we as a commission voted on that enforcement article uh you can ratify that oh you have voted on it yes okay all right because it says by agent okay um oh yeah the enforement order has definitely been voted on previously okay all right so now what what are you sending you said you got to you're sending something restriction um no I'm I'm recording the I'm recording the enforcement order on the D yeah okay yeah so yeah no it's going to be placed on De same yep okay okay uh zero Horton Street map 10 lot 53 Lisa hold on one second okay um so yeah zorton Street we didn't have an update um however I reached out to the consultant today he got back to me today and um I guess that's why Mr Buffington is here right we might have good there yeah want to go this is I have to squat light thanks uh John Buffington 2685 Horton Street um the update is that I got a I got a letter from the owner of the property or an email from the owner of the property property saying have a purchase and sale agreement drawn up by your lawyer and I'll sign it so oh it's basically going to be um that's the update for now my question to you is what hopefully before May 30th we'll have this all s taken care of can I immediately have that material removed from the property or have to come back here so I think if the commission is okay with it I would suggest I know I've already seen draft plan that D had the commission just hasn't voted has they haven't seen it no nor have I because the bill hasn't been paid yet I mean I've got a copy of it right now but it's fine until the Bill's paid I don't need to see it because that was part of the conditions of me getting the property was I was going to cover the expenses of yeah all of that okay L what would your opinion be and if we were unable to hold a vote um given the length that you've gone gone through to to restore the site yeah I through a special meeting if we needed one in order to Prov time there isn't going to be a lot of your biggest thing was getting that product removed they will not once the product is removed we're not going to do anything else on it until probably the winter because this just he's Disturbed so much and there's so much going on in there right now that I don't want to disturb any of the wildlife excuse yeah it's just at the point now where the turtles are coming out the frogs are starting to hatch you know there there's all thing maybe you would do is erosion controls we we had discussed that cont yeah have to install yeah so if you guys I mean it's it would have to be with oversight by me yeah I I will let you know as soon as everything is moves forward I'll that'll keep you up to date a contractor and your Wetland scientist keeps communicating with me yeah those finds are to the uh previous owner the current owner actually right current owner current owner not me no I said I said previous I I already put you in the ownership which isn't the case um okay John um so but yeah did you want to make a motion that if we didn't receive something um if we don't receive something within 10 business days uh I have a I have to make the purchase and sale agreement up for him and he's going to do it I don't have an appointment with my lawyer till Tuesday okay but if the Comm the commission maybe will make a motion to if we don't receive an approved loal plan within 10 business days of the closing then we may start issuing Mr Ola um binds again does that make sense uh that sounds okay uh so that would push you along to I don't think once the way he sent me an email and the way he sounds sounded he just wanted to be done with us at this point so I as soon as the lawyer my lawyer gets through what he's got to do and I get the purchase and sale to him I think it'll be a done deal yeah the last thing that Mar and I want to do is have to ticket anybody yeah you know I don't think that's I don't think that's necessary at this point I think he's I think he's about had it up to here in the guy's got enough issues yeah so as long as he doesn't get cold feet you know yeah no I I think his wife's pushing him a little bit okay so we we will not do any action of any sort okay there you go very good all right right thank you good luck be in touch it's good news John it's good news very good [Applause] news Bill are you here for him did you want to talk about this you want to talk about that thank you okay uh 1420 William Street uh map 11 lot 9 new violation disc govern on property agricultural portion when conducting site visit at clearway Lisa no update uh 1033 Oak Street map 7 lot 20-2 we got to wake Evan up he's in the [Music] corner myep how you doing good have you been good I have a small copy [Applause] out thank [Applause] you thank you thank you Mr chairman it's Evan Watson W engineering representing the owner of 1033 Hulk street so Seth called me because he was contacted by Lisa about a violation of placing a garage too close to the uh BBW next door um he got a building permit to put in the um just get my not that's right so and um in 20 22 I think May in June this was constructed and then um I'm sorry 21 and then I think it was August of 23 he was um contacted with the letter notifying that he had placed the structure uh too close to the BBW so what we did is I hired um Ken Thompson Wetland scientist he went out and delineated the wetlands um what's not shown this plan is actually a stone wall that runs this property line so it makes sense that that stone wall was essentially placed at the edge of the the Wetland resource area you know when the St wall was originally placed by the farmer years ago um probably couldn't grow anything over there so that's where the stone wall went um so the work that he did was all on this side of the stone wall there was no evidence of a wetland impact or anything on this side that we could see that Ken could find by doing some augers around this way um and then this shed was I'm sorry the garage was a is a pole barn like done by the Amish and then it's on a concrete slab and it's underl by all um crushed stone so all the roof basically comes down into the crushed stone and any water can flow underneath it Etc um and then in front there's um just gravel access that come in from his driveway and then you'll see it says garage overhang there's like a um a lean to the roof extends out uh Beyond with no walls um so again it happened two years ago um it is you know an issue that violates you bylaw and I was coming here to discuss really how we wanted to proceed um whether or not and the way I look at it there's a couple options um the most entailed would be fining an after the fact notice of intent uh with new design plans B notification and permit Etc um or another way to go would be to um issue an order and then check off to um provide a restoration plan and what we could do um is right here where this Wetland is we can right now he's he's using this area for processing firewood he's a a teacher at Bristol AGI but he has a firewood company so he would is processed with firewood there so we can pull that back and do a restoration plan here with some plantings and then along the back as well we can add some plantings here um to try and mitigate um you know what was done here but it was uh up to up to the board and I'd be happy to hear any input or answer any questions you have about this site either you guys have any question okay um I did like your pulling back that taking that wood out of the area and then uh doing that that restoration mhm um are you flood zone I'm sorry are you in a flood zone no we're not in the flood zone we're not in a natural heritage area um no vermic there is a stream in that BBW yeah I think it's okay way over here yeah all right and then it it Al it comes like back around this way okay okay again could you uh tell us what about that wood in the front that would be removed and and what you would uh do yeah so we could pull this uh area back about 30 ft you know in here and then we can add some uh plantings he asked me he goes oh what plantings do we need to put cuz he's uh you know he's into plants like I said he's a teacher at Bristol lagi and he was like I I want you to just put some blueberry plant or some generic thing can I help pick out the plants and I said absolutely you know it's we can come up with a plan and um we can come up with some plants that you'd like there that are facultative um I don't think they'd have to be an obligate species but something that would be facultative and something that would there they like long as they native and uh they're on my list put some burning bu we put we'll put burning bush there and it'll be all set no just kidding yeah what everyone think of that are you going to use repli some of the area he's got you know access to yeah in the back the other side in the back and the side even if he has to go farther over around his lot you know what I mean if he that that that would certainly uh show intent for improvement and uh um maybe active negligence whatever uh where now this wory is there vehicle traffic going into that bun or a garage or whatever you're calling it garage yeah so he has some equipment like I said for his uh business and so on this gravel access he's able to bring his equip this way and then again on this overhang area you know he might bring his lawn orow in and out of there or you know things like that but um there's no you know any access other than the equipment going um is this in a natural heritage area I'm checking it is not you check okay I did Lisa do you have a preference I believe you mentioned that this could either be an after the fact n or enforcement order with the restoration plan your preference one or the other um let me think about that for a where is the septic system the septic system is right in front of the house outside the 100 foot B um and I will just mention like I did review some of the stuff uh at my office office before I came about uh notices H versus enforcement orders and things and so long as there's no um you know unauthorized fill placed in an actual resource area itself um and that there's not a violation there that an enforcement order could be done without um without any short order just enforcement order because this isn't a project that we would typically approve cuz he's in the 50ft no build so if it's not a project you would typically approve then you wouldn't ask for notice of intent okay so this would just be him giving us a restoration plan we we I would issue an so to issue an enforcement order and then yeah Evan's going to draft it for me yep yeah perfect yeah we can work together and do that and so we'll put together enforcement order all right you you can issue the enforcement order and um but right we don't want the enforcement order to say tear down the building so we can work together yeah um but that way it's everything's on paper and um you know that way the commission actually saw a violation you issu an enforcement order and then we can be responsive and issue a mitigation plan and then once that gets done um you can order issue the uh certificate and we'll be good to go I'm available that yeah yeah so could we do the planting area like a two to one area like um so you know you've got x amount of square feet in the 25t no touch and x amount of square feet in the 50ft note build and once you determine that kind of double that area and that'll be the area of the planting maybe it's it's it's it's almost kind of funny because if the Wetland was closer to the property line I'd be able to add more um what's way in the back is is that forested or is it here yeah I'll show you guys on an area yeah there's some other Wetland resource areas out here further out um and then his or is that open area too no his one more or less follows this line so um you know one more or less like this so okay this is the so the woods yeah okay to the stall oh yeah yeah I see it I got it and there's also there is a see that dashed stream there there's an inter stream within it but because it's dashed and it's light blue it only has buffer so BBW buff with Trump that go okay so we don't have to worry about that because it's already all right so we'll order we'll issue an enforcement order and then he will do a replication based upon the enforcement order that uh we just talked about so moved is there a okay the the motion been made to issue an enforcement order uh to the second all in favor TI okay so that so that'll be coming the new for our for our 5:30 meeting uh May 30th um uh you can have that plan done and we can take care of you finish everything up on that day yep absolutely yeah he's actually interested and picking up the plants and everything so I'll work with him and uh it'll be the uh the nicest looking uh mitigation plan I'm sure looking forward to it I like your attitude just remind him that it's going to be a natural area it's not necessarily going to be a landscape me no no no it's it's not going to do a topiary gu there or anything yeah okay um so I think before we keep moving on do we want to like yeah see who's here who which project uh 251 Main Street okay suppos take 251 Main Street out of work oh 251 is not on the agenda that would be on the public input let's take 710 C Street y thanks second all in favor 710 Senate Street how you making out well I sted out the area that was on point anyway so you communicating with natural heritage I haven't really got in touch with them yet I got a letter last week or week before yeah okay um I kind of Drew up something you know want to look at it it's nothing official but just what I sted out anyway I went out with a compass in a 200 foot tap that's fine that's basically what you got to give it to the teacher got to guy you know probably forou prop my neighbor tell me okay so yeah so like the 200 foot off of that Ral pool is also the area that we protect so natural heritage has like sure yeah I I think you would have to come out and really uh look at it 200 ft off of the high water mark on the veral pool yeah no 100 up the high water no 200 up the high water mark High I thought that's our jurisdiction the veral pool is 100 ft from the high water bot because the species rely on the up okay so my property is 2 ft deep so it goes all the way to the road yeah yeah so um I think like maybe if natural heritage is going to come out there maybe the three of us could have a site visit at the could do the site visit at the same time if any of the Commissioners wants to come to but I think your next step is they well did they ask what did they ask you for they asked you for this they didn't ask me for really anything they told me in the water to talk to you they told told you to talk to well not talk to you but it would go through but I think yeah but I think what they were asking for is to know the area that you wanted to disturb right and then the area you got have plant well I don't want to disturb really but yeah but you already did did I did yes but I didn't know I was okay so I guess so I guess I I think you should respond to them and you know and tell them that you plan to replant it and see what they want you to do they probably want you to do something like this because that is the natural Heritage triangle that I own yeah you might even send them this this map here that you've drawn and and say this is this is what I Disturbed and I am going to replant with local conservation approval okay and that may and that may just clear them out completely yeah well so from what um there is a process because Mr Al remember went that I do I do you might want to get a wetland scientist involved and they can deal with some of this stuff for you that's up to you we have a consultant list that we basically give to people of Consultants that work in town a lot um and Evan who was here he could have helped you too but that's kind of up to you you know so maybe a good first step would be for to send this just ask them to further adise on if they would like to work with you if they'd like to work jointly with the conom or if they would like you through the Conservation Commission clar and once we clarification provide them this and ask what they want to do and they may tell you that they have action for you through them they may tell you to just work through us but once we're with better information we can decide the way forward is I'm going to see I'm going to see if I can read the letter too hang on one second do you remember who it was from was it from um Misty no oh okay all right so dated March 26th um I got a couple of copies here Jim you want it all right so 710 Center Street to whom may concern the massis fish fisheries and wildlife division was notified about work occurring at 710 Center Street activities include soil and vegetation alterations and resulted in impacts to conservation restriction area reported in compliance with the mass and D Species Act um conservation management permit with the number um that she referenced all the laws so the division has no record of a Misa project filing of this violations of the Misa subject to civil criminal penalties the areas protected by conservation restriction help by the secretary in of Massachusetts Executive Office of Environmental energy and environmental Affairs and H by the D Conservation Commission of conservation restrictions areally enforceable agreement purposes protection per blah blah blah you know Lisa going looking at this over here this uh on page to you know submit a project narrative while you're just going to put uh you know that that um you inadvertently cut trees down in a in in an area and you wish to restore send the map to them what you did and and then say uh I am involved with the local commission and uh uh we're talking about restoration of the site yeah and that it's a and that may solve it yeah and that it's simply a temporary disturbance that you're not looking for a permanent disturbance there and you plan to replant you know did you get this I yeah I do have that okay pretty sure I have that you can have this copy all restoration needs to be completed by October 1st 2024 so that's pretty easy I mean yeah you know that's I thinkable right cuz you didn't go in there with a back hole and do anything like that you change the grade no I don't know you're very lucky that's um I believe you didn't build anything uh I think I went put down two trees in there but I'll put three back and okay well you know that's something to tell them yeah and they might just say okay just work through US Le at least I would expect that yeah you want to have that back yeah okay I must be confused with the buffer zone too then okay um because I thought it was 100 ft when we when you guys came out I thought we were talking 100 ft well 100 it's like we said the way the vernal pools are protected it's 100 ft up the high water line that's the Vernal pool that's considered the pool that's part of the pool okay and then 100 ft beyond that however I don't think this commission is going to make you restore all the way up to the street we want he didn't touch up he he didn't but the house did but in this case I think we're in good shape if we just restore what was there a few months ago I think if we're just talking about replanting to compensate for the cutting I think few trees in his backyard because I mean yeah the house if we're going with 200t his house is is right in the middle of he didn't build his house he bought I would also lose my whole backyard you going to lose your house in your backyard and the driveway and everything that way okay so you know where you're heading what you going to do then I believe so okay all right okay so you're going to send to mass National Heritage your M your uh tell them what you did in in dialogue there on page two it's one two and three okay it's going to tell so you're going to tell them what you did uh you inadvertently uh cut two trees down in in property that um and that you've been in contact with the commission and you wish to replant the trees you cut down and leave it in its natural state yeah so it's going to be like tree planting plus some scene and I'll help you figure that stuff outre but if you could make a phone call to this person that you know Jesse over there and start with that um and then just ask I email you you know this is my scenario how would you like me to proceed and then just contact me I'll give you my work cell phone number so that you can reach me easier sorry I don't know if I have I might have it I got it it's 508 821 8238 and then you can call me or text me on that um ask me question whatever you need to do I I'll try to answer questions if you want we can try to do a call together but you know you got that number right I got you okay I would like you to try to proceed without my help but I am willing to help you with this because I understand it's not you know it just start the dialogue with them and then see where that goes anything else Mr chair no I I think uh we're all set with you okay thank you thank you thank you have a good night okay Lisa what do you want to do next on here Lisa take public input out of order yeah we can do that I propose motion to take public input out of order second all in favor when you said Main Street yes so yeah if you like to my name is Richard bur I'm the contractor for 251 uh Main Street we replacing the septic system and I'm here for foresight engineering he couldn't make it tonight so I have some plans [Applause] did you s me photo of this site I I've just driven by I haven't been able share one here okay chairman where is this on the agenda public info this is public info we're going to go back to um the others of above was just voted to take public input first okay um we took the trees down well let's back up okay you have an existing order of conditions yes okay that we did Issue to Darren um there was a site visit and met with the owner and re I'm R yes and re um to review the site and then go ahead so the existing SE pipe um isn't the way we thought it was on the plan it goes under the row of trees that are there and then the existing sewer system that's there is under the trees it's much bigger it's aess but it's been added on to years ago so in order to decommission the Cesspool to replace the septic tanks the trees had to come down um was sick well actually I was at the site and I told I was at the site and told them don't remove the trees without coming to the Conservation Commission yes well that was we wanted to remove the trees and then they found out I was sick so they removed the trees what what happened as we that's the trth I'm not done the homeowner wanted to remove the trees and that's what he wanted to do he wanted the trees removed but then all this came into play and the sewer system actually clogged up so we dug by hand chase the SE pipe and it goes right under the trees and when you see the SE pipe it actually sh go underneath that that concrete sh doesn't actually right and then the circular SE system that's showing right there is much bigger and there's a pipe that comes off and it branches into there and it branches into here they see right there the exactly she doesn't go that and then it two and it's all that arm snake so that it actually the exist just to get him through to this point and then while we were there he wanted to clean up the the debris pile isn't on his property so we' asked permission to clean up the uh debris pile and then we wanted Darren to draw us a plan showing us putting silt fence or the fil Tre sock and some conservation signs on the neighboring property but we don't it was vacant we didn't know who owned it so Darren couldn't contact the owner so he didn't want to draw it on the plan so we thought we would just which is fine that's fine we thought we would just pick out some of the heavy debris cuz he's got a mice problem too he's got mice all in this house and he thinks it's all coming from the debris pile that's there there's a compost box there's logs pallets stacked up um it's kind of a mess so now it's gone right we just took out the big logs the stuff that was too big to Handle by hand anything else I think we're going to do a another plan after the septic system's in to try and clean that up somehow um I don't know what we're going to how Darren's going to handle that but he might draw up another plan to kind of clean that area up and add some RI wrap uh it actually shows some RI wrap on this plan here on just on on on the property Ed okay okay yes so right now we we have um the fil Tru sock on the property line around the thing and then I actually put silt fence around the on the neighbor's property we put Soul fence in just around that the debris pile but our intent isn't to disturb any soil on the debris pile um we just took what we could with a machine and picked out the big logs and the big trash and we're not going to dig any of the brush or the roots or even like the little pieces of metal and the stuff that's in there he's just going to remove that by hand [Applause] later yeah that's a good idea that factory that was there z z I don't know what was but uh he didn't know how to get a hold of somebody through there yeah you definitely don't want it's it's complicated but you know there's a 21 there that's a contaminated site so you definitely don't want to be in the soil at all right that's what Darren said yeah so what we're looking to do now is to replace the septic tanks to slide on the leion field um and not touch so the trees are gone um and I didn't know if you wanted to replace the trees and put the put some new trees there yeah it would be a good idea to replace the trees or a fence or uh I don't I don't know what the he's the why don't you talk to him and see what he prefer he prefer he he suggested some aites or something but I don't know with if pretty much what was there yeah aren't you worried about those growing into the system though that I don't know that's he just suggested that yeah yeah that the system should be far enough away so it shouldn't and we're using all plastic pipes so the roots shouldn't affect the plastic the PVC pipe so yeah I mean I'm fine with that I don't know if anyone has a recommendation on what kind of Abes but the Eastern ones probably thees yeah and then um but I think this change and what I was trying to tell him on the phone can just and if the commission agrees we want you to move forward with the septic system we understand that you know it's a failing system we need to get it fixed so um this can be captured through the as built so down you know when all the send done when the site stabilized this is in yeah then you file for a certificate of compliance with the plan and then Dar will just know any changes to the plan and I apologize because it was taking the trees down was my call and I thought because the system was under it and the pipes are under it I thought we could pick that up on the asil and I didn't realize that they were within that buffer zone right I just wanted the commission to know what was going on that's why I told you guys not to do anything else right that's why we stopped them and okay so we're all set in and what's what's going to happen the system is in or going in going in going going in okay yeah and you have you the EP file number up it's yeah I took a picture of that I did take a picture of that okay yeah that's okay all right so we don't have to take any other action at this time okay well just remind your client to be respectful and town official I did I had a long talk actually I went to a he's young and he hotheaded and um yes I've heard yeah he's rude actually he's the word I would use but yeah I've heard but we uh I talked to father and told him so for an apologies what I'm shooting for but okay we all have okay Bill what do you what we still doing public input yeah well I don't care it's on well whatever you want because it can either be on the public or if you can't get specific site M Mr peret are you here for specific property public okay we'll we'll do you then left this here is that yours yes be happy to know that one of my neighbors has agreed to pay for the removal of the silt in my wetlands we'll be doing that at low water uh sometime whatever low water is August yeah August September maybe we'll be working from the high dry side we won't go into the uh West off North Side through the gunk cabbage and The Cattails will stay away from that stuff and went up okay now this goes under a fon m corre this is a f pond it's a f Pond wet okay no I'm just looking at at the ease in which it can be done rather than well uh cleaning our farm Pawn it's a wetland and my neighbor has agreed to remove the sil that got into my Wetland with the construction correct that's it's dredging it's what it is you'll be dredging yes now because it's a farm pond Jim yeah it's a wet land I thought this was your pond it's my pond but it's a wet land well loaded with it's a wetland on active commercial Farm is that right it's a the North and the west side of it is is completely covered with skunk cabbage well he's not going to take the skunk cabbage out no no that's what I was he's going to work from the east side of the pond Y where it's high and dry where the dam is yeah and remove the silk with got in there from that's what I'm saying he's cleaning the pond he's not taking out the skunk cabbage he's not cutting down maple trees not blueberry bushes he's doing the pond when we have a date I will tell you is is the dring going to require filing L Bill have you H met with your consultant regarding I can't hear you your consultant that was working with you on this have you met with your consult have you met with your consultant who's working with you on this have I met with a consultant yes Brandon was doing the measurement from there oh he did that years and years ago I'm not working with Brandon on this at all okay because Mr aruo is going through a dredging project and he has hired a consulted for that so a farming operation you should get advice on that see Kenny orujo on what he's doing to dredge his pond okay it's my understanding with the fond Bureau that you can clean out a pond every 10 years I have never had it cleaned out I've had it silted up a lot you know you understand that I'm sure I'm I'm aware of that okay um okay but I don't right now at as of this time I don't know if you have to say to us or to the state I am going to clean my farm pawn and bl and that's it I don't know how much there is to it Kenny arujo can tell you I'm not Kenny arjo talk to him because he's going I don't need to talk to Kenny I'm cleaning out my P was Sil but he will tell you my neighbor and my neighbor has agreed to pay for it but he will tell you if you need to file certain papers keny rjo doesn't tell me what to file and he won't I'm sorry when I when I'm when I'm ready to do the uh when I'm ready to remove the silt I will come in and let you know nice to see you the agenda let's go back to the agenda all right we're at 297 we we wheeler oh we did okay wait a minute where are we now um okay we did 1420 Williams Street okay yeah we did we did 10:30 Oak Street one Mara lay Lisa yes one Mar uh actually it was on my list of people to call she was um she does want to plant some trees she was just trying to pick up pick out which one either trees or shrub um so it may be sh okay um Lisa um would you ask whoever if a permit is needed to gredge from pawns oh yeah definitely don't worry I've already got that in my mind okay all right and then and then it would be forwarded uh two I tried to do it a different way but it didn't work out okay so Mars Lane is is is set y 2097 wheel streate no update um 1334 Treemont has anyone driven by to see if they if he may have just it has not been planted oh no I'm talking about tomorrow I I have not driven by I happen to uh see that Resident at Town Hall the other day he did mention that no action's been taken good to know they loaned it yet I don't think so tell this is not tront Street this is maple swamp 2097 right wheel okay I thought we were by that I thought we were on Treemont okay got wheel of Street we're we're driving we're driving over to Treemont right now 1334 Treemont Street um there's definitely no there there the site is not stabilized the ero controls is still in I didn't see any egg masses when I was there last I need to take a look again they were supposed to L it and Seed it and weather what haven't had the weather the landscape but I know he wanted to do it but he wanted to do it they had guys there the day he said but what they did is they only raped out sand don't tell don't tell J he's been in his yard doing yard work for the past week every day every time I went by I never saw any activity no I haven't seen the activity and I've been by there several times in the past week every time went by I'm going to follow up with them right now okay okay okay uh 2470 Pleasant Street 2470 pleas we don't have we have not responded to us I got to follow up with him too we did 418 heart Street already I believe right uh yes we did we did 710 as well yep um okay 880 is a new one wow not new it's an old one that's recycling do you want to tell the commission while I'm typing um 880 hot Street um there's a they've got a bunch of boats in their driveways um there's Wetlands that they tried to restore and it's back to being a m good it's been filled in that if you take a drive by there and you look at the old Aerials you'll see okay so you have on the bottom enforcement order needs to be issued yeah the side yard on the Eastern portion has been filled um and now there's boats being stored there I don't know how long the boats will be there but you can clearly see that that there's new fill so yeah they need an enforcement order and it's been on my list of things to do okay uh shall we uh vote to issue an enforcement order for 880 hot street so move is there a second second all in favor uh Mr chairman I'd like to propose a motion to return to our original scheduled items that we deferred earlier okay um dat conservation bylaw changes do do we need a vote on that or we just got well uh did anyone submit anything I know I submitted stuff to Lisa Lisa has written things up is there anyone else that has submitted material I have not submitted any material are you going do you plan to um at this time no I don't have any proposed amendments okay okay uh Lisa do do you want to deal with uh what we already have talked about and uh and then then we can put it in writing is this for the annual or would this be for the special okay all right so some of the B changes in mind include [Music] sorry I'm not as organized as I wanted to be tonight Jim do you have your list I'm sorry do you have your list No I gave it to you oh no do that's not good Lenny probably took it put in his pocket you have it don't want to buy I think I gra go new guy going to get you in trouble I got plenty of copies of the bylaw but I don't have the U well some of the things anyways that I was thinking we could spell out um minor activities you know and then so minor activities should be spelled out I was thinking that it also could make sense if we were to consider um making certain activities exempt under the local bylaw if they're exempt of the Wetland protection act exactly I think that that could be just some nice help keeping clean up that um y it would also bring the bylaw more in spirit you know in line with the spirit of the WPA yeah exactly activities in the buffer zone yeah that's that's yeah um then we had also spoken about I think we experienced that recently with the archaeological excavations right they exed WPA they're noted vocal by law and I think things like that are are pretty right for some housekeeping yep exactly luckily we're looking at this to the special if we don't have the actual amendments tonight we can just have a conversation around it about some ideas and we don't have to necessarily that's kind of what we were just trying to do um so feel bad if I lost his paperwork but I think I have it in the office it's just in another file I have a couple of files that are called byw um anyway um one of the other things that I know Paul and I was well maybe wait for Jeff did you find it no okay got it in another folder somewhere I'm sorry okay I know that one of the items was going to be a a charge um to file for the U for the local bylaw fees right Fe yep that's something that could be kept open it the bylaw language could say something just the the Conservation Commission shall establish a fee schedule for XY and Z okay um that way we need to revise the fees in the future you know is whether it's inflation or whatever whatever the reason is if we have a reason all right so what did you just say so the just just in general to the effect of know the Conservation Commission shall uh have the authority to establish a schedule of fees for whatever items you'd like to discuss whether it's for the local VI off okay um another one was um uh Wildlife exit area for veral pools oh migratory cor migratory CS thank you nice migratory card for veral pools give them an Avenue to get oh I don't know a certain certain area uh well you can't I don't think you really can Jim you want to get them out I mean you know maybe you got no maybe you got 300 ft but if it's bed by a road that's not getting them the way they need to be a natural a natural undur migratory caror yeah and I mean it can be done uh with different uh pipes tunnels or whatever okay but I think that's the way to word it though a natural undisturbed migratory Corridor of Ral pools well um man-made tunnel is an undisturbed natural well I I think we can I think we can do that though we can say that this is you know we got this is dton we got enough room we're not talking uh uh a a city which is which has one little area and they're going to go to I mean it's it's uh when when we did the Green Bush communal when we cleared for that does it work I never went back but they put in car as everywhere there's a big there's a big uh we did a big job in nor okay they had designated areas for different species they had them for the Turles they had them for the frogs they had them for the small mammals no okay so what we can do is just say um uh public there I just forget it's okay I guess he wants you there so you can speak in the mic uh Lisa was there any what else did we have I something else I definitely have a couple other things I also noted that I'd like to explore making things exempt under the local bylaw that are exempt under the wp yeah so minor activities that are in the wetlands protect ction act as minor activities in the buffer zone we should also provide for that in and then one other thing real quick before I forget to say it coordination with other boards I want Mr ferry to get copies of the plans as well when we rece or notices when we receive them because as we know with 418 hot and Smith Street he needs to weigh in on sites where the access is going to put need cover that makes sense yeah M okay in regards to recent discussions with a developer it may help strengthen the position of the Conservation Commission in the town of dayon should it go to an arbitrator that a migratory Corridor bylaw be established it will be difficult to try to enforce a developer to create a migratory Corridor and survive a challenge in court if you don't have a bylaw to support that otherwise it may appear in court you can check with a lawyer as arbitrary and capricious so we need we do need that and and if we just say a migratory Cara then we could determine whether is natural vet yeah we could determine that at in the future thank the only thing I don't think we can really go back no we can't go projects that are approved I don't think we can go back that was approve no no anything going forward that's right we can't go back that's grandfather we were going to call um all right I know there were a few other things because I had about three or four and Lisa had as probably as many um now Lisa this wouldn't really go on until what spring no November November okay um and I and uh we have to get this together and we have to have a reading here lny we have to have a reading of of what we're going to put on the um um Town warrant yeah so we as a commission would uh put on the agenda propose a motion to recommend to the board of Selectmen to put the following Amendment on the special amendments okay exactly all right so we got we're going to have to do that Lisa over the next few weeks I guess and I know may is going to be tough for both of us I yeah I can't really take anything else on in May we could continue it as a discussion up until we hold the final vote we can do the final vot September the special to meeting warrant probably W to be open till October 20 right yeah so so we've got plenty of time yeah so we'll just add it to next month's agenda for discussion as well we'll keep having it on the agenda and then when we get to a point where we want to outline them we should probably outline them on the agenda is that what you think you know outline the propos change it yeah yeah that'll be funny okay um my husband said that before I forget I already told a couple of you but my husband's having hip replacement May 7th or at least he's supposed to the doctor's in Europe right now and he might be changing it to cillage he's having some sort of hip surgery he might be having cillage in surgery oh I'm good at that um just let us know we can it's May 7th so that first week you know that week thank you okay um going on a Conservation Commission letter oh wait a minute draft uh uh peer review policy issued by won and Samson we Rec asked if somebody be willing to read this the record is that right yeah someone if it might I'd be happy to because I did edit in some comments okay so what I what I can do Mr chairman if you're agreeable sure is um I can read through it and then I will just State when my comments begin and end so I'll read through and get comment um so role of the storm water committee Conservation Commission and planning board in storm water related permitting draft March 5th 2024 indictment storm water permanent is generally led to the storm water committee however this creates a potential overlap with the Conservation Commission it is also important to coordinate storm water reviews with applicable planning board and Zoning Board processes under the Wetland protection act WPA the Conservation Commission is required to R changes to the to storm water that might result in a proposed project per the WPA local conservation commissions must retain the privacy of local permitting that pertains to Wetlands this includes management of storm water in wbaa jurisdiction the planning board and the zoning board also regulate projects that often involve storm water management ideally the Conservation Commission zoning board and the planning board would have parallel processes to Simply to simplify reviews and clarify the permanent path for applicants below a permitting and policy approach is proposed that is intended to minimize regulatory conflict and simplify the permanent process permanent privacy I.E permanent lead program the Conservation Commission will accept applications and issue permits for projects requiring storm water management under the WBA the planning board will accept applications and issue permits for projects requiring storm water management under the planning board's jurisdiction these zoning board will accept applications and issue permits for project requiring storm water management under the zoning boards jurisdiction the storm water committee will accept applications and issue permits for projects requiring storm water management when storm water is not being permitted through the Conservation Commission zoning board or planning board it is recognized that the regulatory authority of the storm water committee emanates from its own enabling Authority including the town's General bylaws and that the storm water committee May set standards that differ from the standards of the Conservation Commission zoning board or the planning board this shall not interfere with the Conservation Commission or the zoning boards or the planning boards authority to gr or deny permits begin comment how is this reconciled with General Town bylaw 28 the storm water bylaw section 4.0 which reads the Board of Health shall administer Implement and enforce this bylaw the Board of Health May delegate any powers granted to or duties imposed upon the Board of Health in writing to its employees or agents the conservation retains privacy and effect it is effectively the superseding storm water authority in WP jurisdiction areas what about projects that are partially in WPA jurisdiction areas and partially outside of them is there an invisible line where the storm water requirements change and comes the report goes on to detail The Advisory role of the storm water Committee in such circumstances the Conservation Commission the zoning board and the planning board shall seek the advice of the storm water committee on all project applications requiring storm water management no such application shall be permitted without first seeking the storm water committee's advice toing short time the storm water committee will make all reasonable efforts to issue the requested advice within 30 calendar days from the time of receiving such a request for advice begin comment could this be better clarified does this mean an applicant will file the permanent body will seek advice from the storm water committee then deliberate based on the advice once it is received depending on the timeline of when the advice is given the permanent body may not have the advice in time for its next meeting or the advice may be of such a nature that permanent body may need another meeting to adust the information this could in effect add several months to it is already a lengthy and expensive process also in the case of conservation will the advice be based on the WPA this does not seem to concretely address the issue of differing storm water requirements between various permanent bodies including the advice as a requirement also seems directly contradictory to the stated goal of allowing permanent bodies to maintain Primacy and strong water decision regarding projects under their jurisdiction the Clause no such ation shall be pered without first seeking the storm water committee's advice is also confusing and potentially in violation of the WPA is the permanent body to follow the advice is the advice required to be reflective solely of the storm water requirements as they pertain to the permanent body in either case this may either lead to permanent bodies considering criteria outside the scope of their Authority or for the storm water committee to be required to amend its advice to reflect only the storm water requirements of the permanent body we may also run into issues with the 21-day decision window at the close of a public hearing if an applicant closes their public hearing concom is required to issue a decision within 21 days how will we reconcile the requirement to issue a decision within 21 days if we were required to wait for storm water committee advice if the applicant wishes to close the public hearing we cannot in good faith issue a denial under the WPA for failure to receive sufficient information to make a decision waiting for non-binding advice the WPA does not require us to seek this could potentially be enacted as a requirement under the local bylaw but that may make it appli to local bylaw decisions only further buying the waters if seeking advice is a requirement that compromises the commission's ability to issue a decision in 21 days it may vacate any denial the issue and if it is the latter if the permanent body is already considering its own governing storm water requirements is the advice necessary this requirement does not address the duplication of work taking place currently regarding storm water C varas pering it also does not reconcile the differences in storm water requirements between the WPA and the storm water bylaw I wholly concur that we need to better align our storm water requirements but I do not see how this provision accomplishes that in its current world and comment many of dict's development and Redevelopment projects incorporate storm water management the town regulates storm water management storm water committee zoning board planning board and Conservation Commission to ensure their proper function storm water systems and Med practices need to inspected and managed the town has determined that the cost of inspection and management is required by its regulatory Authority shall be BN by The Firm the pering approach discussed below is intended to ensure that the cost of storm water inspection and management follows the permit applicant review of applications applications to the planning board zoning board Conservation Commission and storm water committee shall be reviewed to ensure appropriate storm water management the need to storm water management system inspection immediately prior to during and immediately following Construction will be determined at the time of Permitting and shall be included in orders of conditions and other permanent stipulations the level of effort IE hours of Labor an approximate cost for St water management system inspection immediately prior to during and immediately following construction will be opine during permitting review and included in P review findings typical inspections and their frequency inspections shall include a pre-construction inspection quarterly inspections at a minimum during construction and a post construction inspection to appropriate site restoration and properly functioning storm water systems additional inspections may be included as needed to ensure proper storm water management inspections may include W weather inspections dry weather inspections excavation as buil conformance and other means as determined to be appropriate by the town ESC 53g permites shall be required to cide funding for storm water system inspections as discussed above under revie of applications and typical inspections and their frequency fund set aside shall be equal to the in PE revie findings the escrow shall be set aside prior to the initiation of construction and shall be adjusted for inflation and other Market costs as needed unused funds shall be returned to the Pere in conformance with mgl 44 section 53g Peres may be required to replenish funds provided such a need for additional funds is determined by the applicable permitting Authority if I was a contractor and had to read all that and to say who I needed a permit from I would say I'm not coming toight I mean all all of this between conservation planning board stor Water Management uh uh it's got to be it's got to be streamlined to the extent that one permit well yeah we have to understand it first before we can try to make anyone else understand understand it yeah yeah you know uh as as uh Paul was starting to read I I just Jed one little note down here in the very beginning now who knows who has what jurisdiction the people out there don't know who has what on first nobody out there knows so when someone applies and they get a a a an approval from us from and and include storm water then and no they're not they got to go to planning board no they're not they going to go to storm water this is crazy it's crazy it's got to be one application for storm water and if it's uh and they and it's got to be written down that if they are applying to conservation that conservation will deal with storm water yeah if it's outside uh the the Juris Wetland jurisdictions then storm water will take over actually gets even more bizar Mr J because if you read through the town of Bon storm water bylaws rules and regulations as revised and approved at special town meeting November 2nd 2009 it actually goes on to state which is even more confusing that the Conservation Commission is in charge of storm water for all residential development it states the planning board is in charge of storm water for commercial and and uh Industrial Development and then it goes on furthermore to say that the Conservation Commission is in charge of storm water and any filing which is filed under the WPA so and then it doesn't say anything about the storm Water Commission well that is the storm water bylaw what he just read but the first thing he read was a memo of under basically West and Samson drafted it um to try toix this issue right I think they need to more strongly Define what they mean by privacy right because if the Conservation Commission is going to retain privacy over any filing which requires a permit from us we then they go on to tether us to being required to seek and receive the advice of the storm water committee which that could compromise our ability to issue decisions within 21 days wants to close the hearing we can't very well deny them because we say we didn't receive sufficient advice because we didn't get the advice The non-binding Advisory advice of a committee that the wet Le protection act does not in any way require us to seek so how on Earth do we reconcile that as a requirement we got a we got an issue on cremont Street in Middle Street that fits into this Conservation Commission only on jurisdiction way out in the back y very small P very small P every time it rains everybody what are you doing about Tre Street nothing we don't not doing a thing it's not our because somebody didn't take care of their part of the project so yeah I mean where's this go does this go to Z board storm water committee yesterday Nancy passed these out so this brings up the fact that if you are disturbing greater than one or more acre then you need a storm water permit and that's that's something that's that's a federal requirement right through EPA and the Clean Water Act Now now wless protection act was developed in the Clean Water Act too now that's all well good Lisa but conservation we don't have any control over that right first of all over there well it is dumping into a stream that's how we do but I agree that had nothing to do with us that's poor construction over there now and that's how followed up that's a dville SW well see that's the problem so who is going to enforce those commercial industrial sites that have a problem like that you does that require did that require a zoning change I don't think I believe it did I believe it did that I believe yeah that isn't that Agricultural and yeah it's Agricultural and and now industrial now industrial no that's a commercial isn't stillar commercial I don't no it's got to be industrial they're producing a product well we just have a our commercial industrial rate is the same here's the the property class classification is probably going to be considered the same as well but commercial industrial is enforcement planning board so under here and actually if the project disturbs more than 35,000 sare ft they still may not need a the storm water per because there's an exemption right in here so it says right in here on the land disturbance and post construction run off control storm water regulations no person may undertake a construction activity including including clearing grading and excavation it results in a land disturbance that will disturb equal to or greater than 35,000 ft of land or will disturb less than 5,000 ft of land is part of a larger common plan of development or sale they will ultimately disturb equal to or greater than 35,000 ft however directly under that are listed exemptions one of those exemptions is disturbance of 35,000 ft or more of land that are subject to jurisdiction under the wetlands protection act and demonstrate compliance with the storm water management policy as reflected in a valid order of conditions issued by the Conservation Commission period issued in order way out back L not on the front no but the project as a whole we did well I see but that area that that was that's that's run off that is not even near where our wetlands are other side I get it but Jason called me and I'm not going to ignore it I'm on the storm water committee too so how that's the other incestuous issue incestuous big word I realize where you're coming from but it's like a lot of this stuff everybody like All Passes The Rock and no's all messed up we're the last ones in line okay and crap runs downhill and not of improve it not it's all messed up everybody wants conservation what can we do about it we don't have to do anything about that I believe whoever permitted that should be over there whether there was a zoning change the planning board or some of stor waterers involved in this right and our jurisdiction on that whole project was on the other side of the Hill heading towards William Street yeah the did get Weston and Samson involved after that initial problem was detected and the storm water Comm Lis can I add can I add some additional information so is the pop quiz if somebody wants to clear say 40,000 square ft in order to issue a residential order to build a single family residential home under our storm water regulations are they required to get a permit from the storm water committee yeah no right here land disturbance and post construction run out control Administration the D planning board shall administer Implement and enforce the section of the regulation as it pertains to commercial Andor Industrial Development activities entirely silent on whether the WPA is involved or not the dyon Conservation Commission shall administer Implement and enforce the section of the regulations as it pertains to residential development activities any powers granted to or duties imposed upon the planning board and or the Conservation Commission may be delegated and writing to its employees or agents henceforth the Dion planning board and Conservation Commission shall be referred to as the administering authority of the land disturbance and post construction runoff control section of these Reg okay what is the title of this of this paper storm water by town of D and storm water bylaw rules and regulations okay how can how [Music] can9 it say 35,000 I just used how can the strong water regulation tell us that we're in charge of something that was developed in 2009 I don't know I left Charlie a message I wanted to pick his brain because Charlie has been the one that's been telling the planning board for years years or at least carry for years that that the storm water committee um is doing something that we're already doing a lot of that even a 35,000 square ft you're you're just under an acre and and a regular house lot is appro is approximately just under an AC right right so first of all you're not going to find too many people that are going to go in and cut 40,000 sare ft go house because everybody wants to leave the trees when you tell them to cut them down but they want them left now they're in the way to build the house you know what I mean but uh I think a lot of that was worked around right left on a residential type deal I have been operating on the assumption that the storm water committee is required to issue water permit if the tural disturbance is 35,000 it appears based on the actual language of the bylaw that this has just been incorrectly enforced for the last 15 years and nobody noticed it so I think that we may have discovered a broader issue that has been left out entirely in this West Samson review so I think that they should be made aware that the language of the bylaw as is written is in congruent with practice of the town we need to bring these things into alignment but that's not going to be possible if the agency that we're engaging to make recommendations is unaware of the actual right guid well that's part of the issue as well because when Weston and sson was drafting that no one from the storm water committee or conservation was there so who is taking charge of simplifying this for prospective to be honest I actually love that we're that we would be the ones administering it for our residential development CU that's going to give us the ability to catch what properties need in NY before they're built right how many houses have we found out 5 years after their bill that they should have filed because they're in a resource area if we are the ones who are issuing residential development storm water permits as the bylaw says we're supposed to be that's going to give us the first bite of the every time somebody wants to build something and we're going to be in a way better position to help avoid mitigate and restore well ahead of there before shots the ground okay at the same time uh uh look at the next one Conservation Commission letter to a company a building permit request to be added to permit link that's really so that the problem is we don't Lisa or we don't know who's getting building permits but if we know ahead of time then we know how how big the laot is we do we know I am tagged on building now you are no but that memo we asked as a sign off remember that memo we drafted from rockport's example we submitted to the Building Commissioner in October y he provideed did he provide some edit so there I think he was going to edit the form you were going to edit the it was it was all set he said it was all set and then but now he told me Tuesday that he actually realized with permit like he can't get it on because it's not a state form he goes by the state forms but he can he thinks maybe put it on the front page I said whatever we can do whever we can do he is who mat no Mr yeah Builder commissioner okay he's responsible for administering the building permit on the PO so but but every but every applicant must know that that uh we check that box check that box that and before they that they' read it that they've read it and that they might have to come to us or that you know and you can look it up on the computer what kind of soils that area has well yeah I mean if I'm aware that's the thing yeah right that's what I'm saying you have to be aware that's why that permit link is but the other I love this storm water administering storm water CU that's going to give us the very first bite at the apples every every time there's there's also the if if if it doesn't go that way then it's you know I think you know all the other boards from my professional opinion from looking at this and how things operate in town I feel like every other board not just me and you not just me you and the chief and the Building Commissioner we all need to be on PR in order for us all to be transparent to know exactly what's going on CU if someone calls me and says what's going on on this street I have no idea sometimes when someone files an noi on nrand do you put it on prit link no but that's something we need to talk about what I do is I have them send it out to the other boards according to our bylaw they have to send out electronic yeah select um Board of Health planning board and um The Building Commissioner so but I also think that the tomber DPW should be one of the ones that's notified like I was saying so yes that's an electronic way of doing it that way having them send it out on the applicant but if it was all on permit link and they actually applied on permit link that would be even better CU it would all be there and I think that's where we need to head we really need to head that way right now we're ahead of the some of the other departments by even being on there but I think we need to actually have our applications on I would I would like to have our applications on there but I need someone to help me I can't do this B I can do it how about next next week you want to set up a call with permit link and see what the cost would be yeah in order for us to um yeah but I mean I need administr I feel like I need administrative help um I know a little bit about I use it all the time and um I'll say that that Nancy in the building department put me through a great little mini class that she T me at her too um yes know she gave me a lot of great information and she's a fantastic resource and um yeah let's try to set something up yeah I can't imagine she wouldn't be perfectly happy to have yeah that would be good all right so that's that's one issue um but I don't know we're not going to solve the storm water issue I think there needs to be like a workshop of all the Committees together to work this out I just wondered that we're in charge of the residential portion about 90 minutes ago that's I think that's kind of a good thing I think it's a great thing so for the last 15 minut yeah say that we have anything else under it you know what I mean square footage wise yeah we under that yeah but the other pro issue is you know you get a you get a site that's not right doesn't fall under the Wetland protection act there's no isolated areas doesn't fall under the bylaw but then it all it does fall under the um storm water RS then now now we are regulating more than our but if someone doesn't apply to us how am I going to know that's right if they don't apply they don't do an noi or an nrad uh they're just going for a form a say for example they just going to the planning board for for a lot right so that would be an issue where the planning board could be brought on the permit link they could task you with it yeah um especially if we're going to be in charge you know if we decide that we're going to follow bylaw so you'll be able to know from the form a what the what the total disturbance is going to be and then you be in a position to put a hole add a comat add a this going to absolutely some sites are just on a steep slope but it might not be n you know what I mean and they need some erosion controls so if we were at hot Street we would be in charge of everybody all the way to the top of that hill and not just the trench going in front absolutely and that seems like it's got to be in line with the spirit of why they did that because it makes no sense that this half of the project that's in a resource area has one set of storm water requirements and then you go into this part that's in the planning board jurisdiction it's got another side and then you go into this area that's a different part that's not under the jurisdiction of the planning board or the car Tower that's got its own whole permitting body so like how many cooks can you fit in one kitchen yep I know gosh I've been in the kitchen and I don't want to be in more than one let me tell you anyway apprentices okay um was it okay we did permit link we did I think we did uh everything that was on here 10 and it shuts down we got 10 minutes okay well I think we're all set anyway are we looking for adjournment wait did we did we do everything we went I believe we what about the park test oh the park test I don't have a memo but I will tell you an experience I had so we Paul and I actually um sat down with um The Building Commissioner Mike Mullen at a pack meeting in Serena because we realized that there weren't there needs to be some changes that according to the Board of Health they want to change the way things are going with perks okay so that leads us to the question of maybe we need to change our RS when it comes to perks too um well that bylaw change we were discussing that could allow us to establish a schedule of fees the perk test review fee is something that we could use from that Authority special we could go establish a schedule fees and okay great so but I had a situation this week where you know I have I'm only now reviewing perks for new construction um however so fell off we up the mic they just get Distortion through here oh just putting the thing back on sorry all right so um anyways there were perks um that were proposed for new construction on this as well as a repair and um and the engineering firm told me oh we're going out Thursday anyway to do the perks um on the new system and the will be out give for both sets and I said really both sets cuz you're not supposed to be doing perks on the new construction without my sign off and right now you have an anrad before us I she said well what can we do I said well instead of having you cancel it at this point can you mark on mark up the plan where you want to perk both sets so they did one set happened to be in the tree line adjacent actually within 100 ft of a Vernal pool that was not flaged for this same site and then one set was in the woods over here and then I realized you know why are we going to allow a park there's there's all this grassed lawn area we shouldn't be allowing a perk on a repair in a 100t or 200t bu Zone to a r pool if we can avoid it so I believe we really should be still reviewing perks for repairs that's my I don't like that that Authority was taken away from me recently and I feel like we need some sort of a memo we also need a memo that talks about how we're going to deal with the fees and the new procedures but so that's really what I wanted to talk to you guys about a could you put your thoughts into an email and then send it to us yes afterwards there's a lot that I'd like to discuss we got two and a half minutes yeah and and and then this week we're going to have a lot to sign a lot lot of paperwork design an enforcement order a couple other things as long as I can well you might not have the this but we definitely have a lot Mr chairman I'd like to propose a motion to adjourn is there a second second all in favor