okay the public meeting for the dayon Conservation Commission is now open uh would everyone stand please with a PL of Allegiance I plg to the flag of the United States of America and to the rep for it stands one nation under God indivisible with liy and justice for all this uh meeting is being broadcast on uh on cable and internet posting on WW dion. mas.gov and YouTube the uh the first item on the agenda is the Chairman's address and I just have two items that I want to bring up I've been talking uh about the American chestnuts that are around here that that were the nuts were collected last fall uh there's about a hundred of them already that have uh sprouted and hopefully uh we'll get another 100 that'll Sprout and they will be planted around town uh uh this coming summer so people that are interested that have uh a wide variety of of uh our let's say a a good amount of land and open to the forest uh if you are interested in getting some uh please contact the conservation office okay the next item I'm asking the the members to uh read over the bylaws and look for changes it it it's been in effect for several years now and I would like you to come up with what you think is outdated and can be updated uh by next month and give it to Lisa okay uh minutes of our previous meeting uh we have the minutes from January 31st 2024 is has everyone had a chance to read them over okay is there a motion to accept the minutes from January 31st 2024 so move is there a second second all in favor okay okay next we have an application for membership to the Dion Conservation Commission uh this application has been submitted by Lenny Hull Jr uh he is uh constant currently chairman he's not here I think you should wait I'm sorry I think you should wait to read it he's not here um no I just want to I'm not going to read what he has here just except to nominate him to put him uh as an alternate member okay I mean you know unless you want him to speak about it um no I I'm just G you know I think everybody knows him because he has been the liaison between the commission and the selectman for uh a year or two now so he is well aware of what's going on and right now he is doing uh um Duty with the selectman but um uh we can accept him and further his application to the new board of selectman he cannot become a member of the commission until after the elections of uh of April 6th 6th okay so uh but we could get him uh uh pushed ahead and then the new Comm the new selectman can then vote him in to our commission uh and again he has he has been been here many times he's he's been involved in our activities uh so what is your desire is your desire to nominate him for a membership uh to become a an associate member sure yeah okay is there a motion then motion to accept Lenny Hull as an associate member of the conservation committee I'll second that okay any other discussion okay all in favor I I okay so uh this will will not become effective until after the selectman vote which would be after April 6th is he cannot be on the two uh Mr chairman we got two other sets of of uh minutes minutes from uh meetings yes I don't even want accept them we did that we did the 31st we've got the 8th of January and we have the uh 29th of February uh we did the eth already but the 29th is still in draft oh all right well I mean I had okay the two here that's all yeah the eth we did last time right okay so we okay so the 29th is 29th minutes are kind of on they're drafted for you guys but I think we're wait we're waiting for some changes all right okay good evening sorry I'm late everybody Mr H we uh just uh had a vote on you and uh your name is going to be forwarded to the uh selectman after April 6th for official appointment but we accepted you as a alternate member thank you congratulations I didn't know how long you were going to be over there doing your duties as slugman uh and oh presentation ah okay I knew you didn't forget but uh I I I was wondering if you were over there yes yeah sorry about that was my my turn for Budget uh budget presentations tonight I guess it's important to get paid too right yeah okay uh and uh I'll talk to you about one of the items afterwards that we disc discussed about uh reviewing the bylaws sure okay we have uh to review discuss and act on a continued hearing as an enrad application by RJR properties zero hon street map 7 Lot 36 and 36-1 D file number uh 17475 uh this nrat application has been withdrawn therefore there will be no further action by the commission okay next is a review discuss act on a continued hearing a notice of intent by uh application by Robert J Russell III again at Old at zero old Horton Street map 7 Lot 36 for construction of a single family house with septic tank a portion of the system is with the buffer zone to the wetlands D file number 17- 481 um this has been tabled to a date uncertain uh when when and if it is continued buts need to get R notified next we have a review discuss act on a continued hearing and abbreviated notice of of area delineation an enrad from C rebello belf Farm estates seeking confirmation of wetland resources at zero milk street map 17 Lots 109 135 and 208 D file number 17- 489 is there someone here to represent them no they requested a continuance I'm sorry sorry they requested a continuance they're trying to work some things out okay is there a motion to continue this hearing to 418 so moved okay is there a second second all in favor 418 is our next meeting okay um review discuss act on a continued hearing from uh ammed ha Haz of grasshopper Energy Zero Brook Street dayon work includes clearing of 28 uh trees within the down Jim okay U uh within the 25 to 100 foot buffer zone to jurisdictional Wetlands 17- 492 okay the two members that just left have had uh some um activity with the applicant and therefore uh um removed themselves to prevent any conflict of interest uh Lisa is that continued uh yes so that's continue to a date um uncertain we don't have the information and we they haven't contact well they did contact us to see if we do Zoom um today and and I explained to them that as we we already told them once that they have to Ren notify the abuts based on the open meeting law um and we'll have to put in legal notice into okay so uh uh to be continued at an uncertain uh date is there a motion to continue to to a date uncertain so moved is there a second second all in favor I okay next on the agenda review discuss act on a continued hearing abbreviated notice of an a resource area delineation known as an enrad application from Alexander robero roberio seeking confirmation of wetland resources at Z Tiger Lily road map 2 lot 4-5 D file number 17- 495 um just for the record um they requested a continuous but I wanted to remind everybody if you haven't checked your email check your email we have the peer review letter we just can't have any discussion about it tonight I called off Weston and Samson because they did request a continu so okay okay great so you have printed copies Mor um put in your packets okay thank you both um is this um date UNC are we going to do until April oh no do it till a April yeah April okay is there a motion to continue this uh hearing at of zero Tiger Lily road to uh April 18 so moved second all in favor I okay uh review discuss act on a new notice of intent from Junior del Lima for construction of a single family home utility septic system driveway and propos 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 okay would you state your name and and uh good evening I'm Bradford sterl from sfg engineering 28 Main Street in Lakeville doing cop okay that's okay I just want to clarify I about the that's the rec I sent you the receipts okay well oh here hot Street here's 25 here's so where the street street right this is definitely Beyond 100 yeah here is 100 here um you guys want to see them so March 11th is the new newest version correct correct you guys want another one he's got these very well done marker oh this is the same as this one here that we have isn't it like to come them here the commission yes this this one here revise much much um oh this goes way down the back huh there let's take a look at this let's take a look at the difference um wait Pleasant Street this is the right this this is not this is Pleasant Street what are you saying it was overall okay check for them too they probably get the wrong one too close too into that's you Pro that last meting is this to try to slide a plan in and ask us to prove it doesn't look like it that's my first could you do you have the copy of the first plans with you uh this one here is February 28th could I see a copy of the first ones please yeah February 28th yeah I do no the one we have here is February 28th this is the last the latest plan what's the latest plan oh November 23rd February 28th okay okay so this is it we got the latest plan okay okay I mean I I might be mistaken too we just you wanted to compare let's compare um so they're not certainly they're not going to work in the 25 did you have a copy of the first one the first 50 out of the 100 and the septic system is beyond 100 um the pum station system okay so what is 32 ft from the corner so it's 42t they went over 10 ft right I corrected that's good that's good I like to compare so you got 32 ft and then 106 from the foot line is at 105 everything uh seems uh pretty decent Lisa as far as U setbacks stone wall so it's 10 feet and what did you say you need it to come up so 59 so he's 59 on this and he's 66 on this not much but but we did move what 7t that way right yeah so there's the 100 foot buffer so that was the number that was in question oh this pink was a 50ft buffer we were planning on it it was from here to here cuz this see this right here y this in the blue this is kind of like go dry it's too close coming side from 32 to 42 got 66 here compared to 59 I assume asphalt but I I don't know for sure that's outside of the 100 totally outside of the 100 I believe so yes is the uh garage going to be under the uh Pro under the 42 32 no not the way I have it okay I see it 10t short it was blocked out by magic marker yeah okay so the garage is so the driveway is it's a side entry driveway at at level at first floor level so the driveway should be here unless okay unless it comes in this way oh yeah I see oh yeah cuz there it's pretty steep up here right there okay all right Ste okay so is this on the north side of our very corner of the gra touches 100 foot but that's okay so that's uh that's almost strange to to do this and all it is that is kind of function is is this a yeah on El um is okay the the garage is going to open up this this side here right okay so and where's the street cut is that the street cut so it's going to kind of Wiggle over Drive yeah so it looks like he only did 32 and 42 okay all right that 32 to 42 it didn't make sense until you said that we just compared 66 to 59 32 to 42 away from right okay let let I'm going to look at what number is that let me get my glasses on this is this wicked steep into the neighbor 112 So This is 111 11 definely a oh here they are over here so okay so so the land goes up it levels then it levels off okay so it goes up and levels off here the driveway over from where so this this almost the 10 moved everything the house driveway everything over 10 ft further away from the ibw okay I see nice and change the grade so is that driveway close to I guess you can go right against the side SW y so are the SES going to be rip wrap or they going to be grassed I'm showing them as grassed okay how much Bill do you have to bring in for the house I have no idea okay what I what will happen is as they back filling and doing the walls they'll determine how much fill they need okay but you know as as we know there'll be the RO control that will be as set before anything starts out there so well there are Ro controls out there now but I think there needs to be some encompassing around the whole yeah is that a is that a pump up system putting yes is okay yeah because is three 3T got a footing dra 3T higher here that's the only area on the lot that perk protect the neighbors they tried digging in front and yeah yeah it's too bad the house wasn't back there downhill here um I would put some stipulations in okay to make sure he maintains look at this look at this one definely needs to maintain truck access in and out cuz that is going to be a messy messy messy okay so yeah some of the comments yeah with with construction like this on such uh steep grade trucks in and out are going to make a big mess just to make sure they maintain their access MH with some sort of GRA or something well I show a construction entrance y right there now even for the house uh on really not part of our really Direction except that I like to see for your own own benefit and the benefit of the homeowner that somehow you get a slight pitch and then I don't have sale that that'll lead the water back over here I do have that on there oh okay all right it can't I you really can't see it s to drive run off way from the house right oh okay all right and then there's one to the upper left of the driveway also okay all right that's uh installation cion people that have that that water run underground into their B he's already put a detail it's a standard it's a standard on aint that's what you good is there's no detail on this been a few people that and they and they put they gr on the other side of the house that much of a difference what size pipe you need for the C at the front 12 in well that's a 12 in okay yeah with a 5x5 RI beds on each end did you run that all by thep no okay that's something that has to be done before we can approve it and then the I think we need to incorporate more controls at like the limit of work as well um well that's I do show erosion control will be set at the 25t buff no I understand that but I'm talking about at the street level be doing above correct so any erosion will go right into the road all the Culvert or is this oh this is on on the between the payment and the property you mean Beyond okay yeah so I think we need more emotion controls um assuming going to put the septic in first so I think right below the septic would be a good place to put some like a row okay and then um along the front ofer big so the waterall while it's exposed we want some protection so this is this is beyond that house that Dart house that we dealt with's going to be up here somewhere he's at all about adding any um seaing to the 25 um I didn't talk to Stephen about it we just you and I discussed it and I I I knew i' I was going to be re revising I wanted to get all the comments tonight and I'll revise the plan once and yeah but the plan will be to um proceed where the conservation mies in especially in the areas that have been Disturbed so yeah it would be a um Wildlife Conservation seed mix not a wetland mix but Wildlife one um and has to be approved by me so New England watland plant sells a good one what kind I'm sorry I'll specify it in the order okay um but yeah let me get the exact wording for you and email it to you so you can add it to the plan okay perfect yeah um Mr chairman I know there people in the audience that have questions okay do you want to open that up now would you like me to present you're finished with the you guys have any other questions for prayer okay anyone from the audience has have questions on this property oh Brad did you want to do more formal presentation is that what you're going to do yeah I could do that um so the proposal here is for a new construction of a single family house um originally we had plotted it out with a it's got a septic system in the back um when we did have field work it was in September and we did not notice it there was an isolated vegetated Wetland on the front right portion of the property so uh stepen sh flagged that and and we located and put it on the plan and because of that I had to shift the house over 10 ft the house to driveway further to the left to maintain the 50 fot separation to the edge of wetland um it's it's it's a fairly steep lck going uphill from the road so the septics going to be behind the house more than a more than 100 ft from the Wetland uh it will be a pumped system because there's about a 5T change in grade from the house to the where the septics going 5 to 7 ft um we we do propose a driveway to come in on the left side of the house um we are putting a covet under the driveway at the road um because it's currently the water runs down the road down the shoulder so so that we don't block that we'll put a covert under the driveway we also do put a couple SRS near the house to pull a run off away from the house send it down to the front to that um shoulder again and let it go down the hill the way it's always been going some of it will get into the ibw and some will continue past it down and down the street uh we are proposing erosion controls along the edge of the um 25t buffer zone I will be adding more at um leisa's request uh uphill or at down below the septic system um and then along the the front of the road and we'll also be adding check dams along that shoulder are those straw Bell Lisa or um um we we like I think they use the straw Waddles out there right now I'd have to look in my photos but we really prefer and that was just because it was an emergency I said yes um but we like the fil Trix ones The Mulch ones okay and that's that's basically my um presentation thank you you're welcome questions yeah um my name is j mow um we've been there what's your address what's that for the for the record what's your address uh 424 heart Street with the buding property okay um we were in the original plan we were actually lot two um we turned down the option for lot one um which is 418 um because we were kind of guided to the fact that they didn't really know how long term would even be buildable so we went a lot too um which is where we built our house where I've been for 15 years um we've walked in those Backwoods where I is a source of running water and whether we want to call it a a stream or whatever technical term you know on the conservation committee or how we want to go about it um I've been back there I watched deer drinking in it um my Mayors have seen it it's it's confusing me how this is even really kind of being entertain because we built in lot two and then 3 four five went on 2463 Elm Street which was the final property that was um owned by RR reality um that property was was built it hit this continual whatever water source were going on here and the neighbors ofing that property had their fence actually collapse um and I'm sure the town is aware of it um I met with Tom Ferry um who I've known for 25 years um they created some type of a drainage type of set up to try to help the people because it was just an awful situation if you drive by my property now and there's been a day of rain or two and you go to around heart Street onto Elm you will see running water from the corner running towards the drain on my property um we've done everything we could to control it and I worked with Tom uh they dug this this potential Foundation hole and that property has been filled with water since September throughout the winter and 17° weather it is never Frozen it is still there right now today um I didn't come today to make a big stink because we kind of just mind our own business but I just I'm really trying to wrap my head around how we can shut off water where we've had nothing but water issues all around that property and how we're going to come up with a plan where we're just going to all of a sudden dump gallons and gallons and gallons of water and not have it create a problem for the neighboring properties because again I watched the fence go down and yeah the town kind of came up with a solution but the problem has not been solved it it it was addressed and I'm sure those owners appreciate it but it was never a solved problem and you know everything from the wildlife to the running water I just I I I really can't wrap my head around it and you know we we weren't notified um properly they sent us the wrong date so I'm the abing property of this land there's no one in this room that would love this to turn into a beautiful home more than me I've had to spend more money on fertilizer to get rid of the wild flowers um it's been weeds there's a junk pile there there's tires there's metal I would love this to turn into something the only reason I've never addressed it is because I just don't know how it would happen and I kind of felt like poking at a beehive is only going to cause you a bunch of things right so we just they lived there for 15 years not enjoying the buing property but the reality is now that I'm in this moment and I'm going this is a giant massive pool of water where they're planning on building a home where's that water going to go how is it going to get controlled and the first experiment on that other property it didn't work and I don't want that water getting dumped on my property on their property across the street on Bill's property I just I just I just don't see this being such a simple resolution like being presented I I really quite frankly don't okay thank you thank you uh this uh hearing is going to be continued uh Lisa you they have to notify accurately for the next meeting oh he He Turned those in today but it sounds like there were um there was still enough people that maybe didn't get them including yeah we received so I found out today that we received notice of it um I had a very extremely busy job and we received uh the the notification of it on Monday um I plan out my week on the weekends I can't get a notice on a Monday when I've already planned out my week and well this is going to be continued it's not going to be uh no no I'm just saying and and so you know we're not going to solve anything tonight tonight Y and uh uh and I'm sure that each of us will be down at the site uh making observations you know we see what the plan is we see how they look at it and wish to deal with it and then we'll take a look and see if there are modifications that uh need to be made and go from there uh the other thing I wanted to make you aware of the Comm aware of is um so we got a we got an email from the somerset water department I guess um they never received the abutter notice um but they they also emailed me back and told me it was an internal situation between the Departments not notifying the other departments um so what they told me was they they own I believe there's a did they reach out to you no okay no we worked off the list that was certified list that was provided by the assessor's office is right there's an easement there though a water easement yeah so um me see here it was Christopher Wickman uh Jackie from the somerset water department forwarded the plan to Christopher Wickman of the department so let me just go back to the first email cuz it's kind of long um does the easement prohibit any of the constru I don't know anything about it I don't either we' we saw no no record of it and it might have to does anybody know where the easan is to the wall of okay so what number address are you 392 High he's to the east of this site so you're you're you're close to uh Elm Street opposite the Jim we're going to do a site visit but I'll show you yeah but all the details will help yeah so he um is 392 so the site is right here and Elm Street's right here wait do do that it's the bottom half Elm Street's here Mr lives here yeah the house he was talking about with the problem is here and what is your name noral d noral d Mr D property is this house set way back up on the hill and this is the property in question uh okay so it's the same side as Bild then no opposite side opposite side of the road north of the road bottom of the hill north side of the road yeah bottom of the no but when you show Elm Street here elm's right here at the bottom half of the water over here okay so he's closer to 138 right out of's driveway closer to 138 all right I didn't go far enough then I no okay 138 okay all right so you take a right and go up the hill and so yeah this ivw is hydrologically connected in here to the catch basin that's some Countryside drainage okay all right no that'll be easy to find then when I go down there as far as easement that's supposed to be recorded on somebody's deed correct yeah I don't know yeah well that's a Somerset waterers problem right about these people but if they if they have um they have an EAS gym it's got to be record easement okay they say they got a they got a uh Somerset water it's got an easement to just to oh I don't know what it's for I don't know what it's for but that well that's some said it's going to have to let us know then what it's for yeah well I mean uh yeah let us know and it's also got to be recorded So I mean they can say record on your property on your deed what's that no uh is it yes is is it recorded on your property uh on the deed the easement I can't remember if it was on the deed or I don't remember I I believe just because I was involved with Jim AAR from the Geto with this that the the the right away that they have the town of sunet went through that property again which is why we didn't build on lot one like again going back to not only do I not understand any of this but but the other side of this coin is like the septic side of this there's running water right so how are we going to pretend that that's not going to affect neighboring properties because you have running water you moving water and you have now a septic system in a leeching field that is going to now see but that that's more that's a Board of Health Jim Jim's the completely understand Jim's the director of the Board of Health okay so I I used to work with Todd who who previously was the boy so but I get it I'm just saying like this whole thing is just very does this surface water drain into 138 yes yes okay it's the setic the septics got to be 5 foot above groundwater well look no where they are they're on they're on a hill there they're 100 uh I realize they're on a hill gym but they have to be when you do your septic you got to find a water table then I'm if I'm not mistaken is a 5 ft it's five in a 2minute perk it's 4tt above 5T yeah you know the other concern I guess is the frost line of the foundation because I have never been to the site and seen the foundation hold dry it's always always had water in it always always run right down the of my property along the wall and it's always so this I cut the grass get too close I'm stuck I got to get my neighbor to pull me out right you got to stay out of there yeah okay so so all this wetness we going to put solar in your backyard you going to stay out of here yeah okay so all this water then is uh is is um lateral runoff as as the water comes down the hill it's just running uh uh several feet probably on top of ledge but between ledge and soil and it's coming from the top up you know um Hill Crest yeah yeah behind the behind the church there yeah yeah okay all right no I I've got a good view up here I got a good view of of of but I will get a better view when I go there so we're going to have our own site and um you know you want to make those changes in the metime but I think getting some set water put somehow even if it's just an email response from them would be great well if you could forward me that email yeah I will um because as I said I they aren't listed as an owner so they weren't notified well no Somerset was well so what happened was set was notified it went to the town but I guess it didn't get to the water department all right yeah so when I revise the plans I'll send them a copy of the revised plan yeah I would all right so okay um is there any other public input um okay okay uh is there a motion to continue the hearing until uh April 18 so move second all in favor do you have a file number yet oh no you're not going to have a file number oh no yeah that's true local this is only under the local bylaw continued to 418 so 418 hot street is going to be continued to 418 going play that number oh wow okay thank you very much thank you I'm sending that right now will you be doing a group side visit should we be there or um okay you know what I think is a good idea can you can you stake out the new location of the house um we can I just don't know how quickly we can do it all right I'll I'll disc we have a month so yeah are these for us or you want to take these back you can keep those if you want especially for your site visits okay okay all right thank you very much thank you okay uh next okay next on the agenda is to review act discuss a certificate of compliance request by horley and Whitten Group Incorporated for sight s evaluation of the ttan river uh rail trails at Sweet snow uh it's it's file number 17- 469 now I know you've been out there Lisa yeah we were just out there yesterday and uh a couple days prior to that are they all set for that um yeah we we were out there on Tuesday let me just dig out that one okay uh that is uh all set for certificate of compliance yeah so I just wanted to read up on that for a little bit to elaborate so um the letter we received uh in accordance with condition 12 so this is from DCR um regarding their project nice path isn't it yeah it's going to be a nice path so they're doing archaeological Explorations um so they're requesting the certificate Geo geotechnical borings occurred um within the buffer zone and the riverfront area and would generally be considered a minor activity exempt from regulation however geotechnical work within bordering land subject to flooding 100-year flood zone necessitated further review and approval by the Conservation Commission under both jurisdictional um under the mass Wetlands protection act it's implementing regulations and the Dion Wetlands bylaw and then um they went on to just talk about how we issued it in November 17 22 and they requested an amendment in 23 um so then they wanted some archaeological work to be done as well the amended order was issued March 223 and approval of the request um was given and due to the sensitivity of the archaeological investigations the locations of the test pits are not provided within this asil do you guys want to look at the as built I can tell you what was done um construction occurred give you I'll give you the asilt so you can look at it while I finish reading this I just think it's important for the public to understand because this is a public project and it's a state project right and archaeological Discovery okay um evaluation constru I've been down there so clients with the orders um o evaluation areas only access as specified on the approved plans throughout construction geot technical boring I know where this is okay no stock piling of soils occurred within the resource areas or the Buffon stabilization measures were applied to all Disturbed areas within 14 days of temporary and permanent um construction activi so again I'm and all that has been completed now and so okay so uh they're ready for a certificate of compliance okay is there a motion to issue a certificate of compliance to the horley and Whitten group in corporated for the evaluation i' would like to propose a motion to issue a certificate of compliance to horley and Whitten group for Sight soil evaluation for Taun River Rail Trail at s State Park c469 second any other discussion all in favor I okay um next on the agenda is bills payable uh we've had uh bills that were submitted by um beta for for work that has been done by them uh Lisa that was really about it beta right um I think Moran's paid some other bills since yeah a couple of other ones in there there one from Strawberry Fields it's alled on there um and you've already taken care of these Paul uh okay so ju just for your information uh uh the bills uh have been paid uh if we want to make a motion to uh uh to accept the payment of these bill of these bills at hand uh uh make it so moved and then we'll carry on I propose a motion to approve the vendor pay expenses incurred and otherwise approved since our last meeting all in favor okay uh Lisa you uh is there anything you want to take on sure and I see a couple people here uh maybe if we need to we can take a uh out of order so that uh okay I think John wants to hang out with us for a bit so we'll take Matthew from 710 Center first uh if you want to vote to take it out of order propose a motion to take 710 Center Street out of order second all in favor thank you how are you how are you I'm good all right so um well you lucky we could have kept you here till 10 it is what it is thank you um yeah so I drove by a couple weeks ago and um noticed some cutting and clearing done um we sent Matt a certified letter and requested he attend the meeting and he allow us to walk the property Dave was the lucky commissioner that went with me um so we had a good site visit and I don't know if you just want to kind of just tell the guys what you what you were up to and basically he had he had no idea yeah I I actually received a copy of the pla clan that I never saw from when I bought the house no one said anything are there sign are there any signs posted okay I guess there will be then which that's interesting because Prime engineering I thought was supposed to post all that conservation restriction land was that part of something that we signed made them sign part of the Maris development subdivision I mean it's all on the other side of marish Lane think about it's all posted over there all posted there you would think so if it was in writing some that they were supposed to and it wasn't done right I gave Matt a copy of his deed and the Restriction so now he has that information yes that's wonderful um well it started with I won't send you a bill like you Loya dad um started with a large Pine Tree near the house which I don't even I don't even know if it was in that area anyway but uh it would have hit the house had it Fallen was rotten in the middle it kind of split four times you know to start with that I cut down a couple uh black locust trees um and I have every intention to plant new trees I just they're pretty bad trees dead trees Fallen trees and I had no idea it was what it was anyway so so it's also a buffer zone so it's a buffer zone to a veronal pool oh okay um so did uh is replication or correcting it uh um well it's going to have to happen but uh he is he going to need a special plan or is it just going to be something yeah I cuz I CC natural heritage on this so they did get back to me today let me just uh I'll read the one second no it came in yesterday natural heritage um replied that they reply she replied all but it was an internal email she forwarded to me that um she drafted a notice a Misa notice so Mass Endangered Species Act notice of non-compliance letter to you um it's going through that internal sign off so I know townwide we probably work slow but the state works even slower so you'll be getting that but it basically says um it's going to get issued next week she assumes and that the lot's a little bit more complicated than the last one at one Marling yeah well that was what two or three trees and uh now did you did you do any ground disturbances other than pulling stumps I didn't there's no fill or anything I okay all right that's that's going to make it a lot easier then I didn't bring anything in are digging are digging up uh whatever uh you dug the stumps out the St stumps are out yeah what did you use a back yeah so I told him leave that pile there I mean we're in Turtle season now going into it um but she said independent of the mass and dangered Spees act um working in a conservation restriction area is also a violation of the conservation restriction statute um she's going to they're going to internally work on it but they need to try to get your support for complete restoration so they're really going to dictate what happens there um last time they didn't there was a wetland scientist that needed to be hired on Treemont but she allowed a sketch so I think she'll probably allow a sketch this time and I think we're going to have to plant some native trees and maybe some shrubs all fine with me that was my plan I mean yeah it's just not going to be a landscaped area it's going to have to be left natural hopefully you're good with that cuz some people wouldn't be yeah no that that's uh what land uh our National Heritage land that is on your deed right well you mean the conservation restriction conservation restriction is there okay so it used to be a ha field whole s yeah there was no trees there that's what I was no there wasn't I physically picked up bails hey where your house is all the way from Maris Lane down to the field on the other side yeah my neighbor told me it was all well yeah you one quite a ways back all right so I guess you're going to have to await uh the National Heritage letter and then they're going to tell you what to do and then you'll just come back to the next month's meeting on April 18th and um in the meantime hopefully we'll talk about what kind of trees you want to plant and we'll have some sort of a chestnut is it how wet is the land no yeah it's not wet well uh and you back up to Forest land yes well maybe you'll be a candidate for some American chestnut then and I will say when the trees did come down the Vernal pool was probably yeah much size and the driest I've seen it was a wet depression of weaves now it's quite large because it's been wet but at the time it he didn't drive through the pool itself but he is within the 100 I believe you're within the 100 foot with some of the cutting it would be within you yeah it's not up to it it is probably 60 70 ft from the pool yeah but what what I want you to understand is that the ronal pool relies on Upland habitat so we consider yeah 100 ft off yeah okay now I know some people might deny that though okay yeah yeah it is I me thank you for coming in we'll see you next one thank you and uh good luck yeah okay uh Lisa is um John's here but he wants to go last oh he likes this then yeah we all set they all set just when you get the letter you're all set for tonight but when you get the letter just reach out to me did I I gave you the phone you have the phone numbers and everything you need on the on the letter right right yeah thank you have a good day okay uh Lisa since this is all your uh agent updates why don't you just take over here okay and how fast you go is when depends upon when you get home tonight no not really I'm waiting for my 18-year-old who's coming at 8:30 and he's always late all right so cross off 710 418 all right we're going to start at the front 2371 County the lawyer went out of his way to request a continuent so I suggest we don't discuss any of that um but we are expecting a plan by April 3rd and a site visit on April 3rd just to remind everybody if you guys want to attend I think we had 9:00 a.m. it's a Wednesday it'll be right before the department meeting which which day of there Wednesday April 3rd I'll try to T I can't commit but I'll try Okay um 10:35 Williams I've been sitting on that one but um I'm leaning towards just recording it so you guys know um we would incur a fee if I recorded it what is the recording they're recorded on to to it deeve oh yeah yeah yeah $16 yeah it's usually around $100 so if I wouldn't get in trouble and you guys tell me I can do it I'll do it look at the professional technical budget see see how many nickel the not really anything left yet um but we do have the wetlands protection fund which Morin investigated that we can use for things like this no couch cushion with them um all right so so would you like us to vote to approve it well sure if you want to I mean or just pay the bill when it comes I mean I don't I just don't know if I bring it to get recorded don't you have to pay with a check you do so what would happen is the way that you would do this is you would submit a copy of the recording to the accounting office with a schedule of bills payable okay then once that's done you would indicate on the schedule of Bill payable you want to write the words check pulled write the words check pulled that will be mailed out that will be physically retained by my office and you could come to to sign for it or um or you know we could otherwise figure out what the disposition is going to be but that would be the process is basically submit the documentation to accounting pay the bill then just put check hold on the notes of the schedule bills payable sounds like a plan try to do it next week sweet um all right and then moving on um we're going to skip over zero Horton because Mr Buffington is here for that uh 1420 I don't have an update from Mr aruo um Jim you see him all the time now if you want to just ask him next time you see him if how's you know the the work as far as the Wetland scientist that's working on his remediation when I was there I I asked about uh the stage and uh Kenny Jord said that it everything was set to go but they they weren't producing any energy yet no I'm not talking about clearway oh no I'm talking about the vi the potential violation they want to dredge the pond they had started filling around the pond they are a commercial farm so there's different exemptions but he was going to work with a wetland scientist to come up with a plan for dredging the pawn so next time you see him if you just ask him okay um yeah I I'll probably be there one once a week checking on my plants okay great um 1033 Oak Street no one's here for that um so I do know that I did speak with Evan Watson the engineer on this and he had been doing doing a bunch of research um I printed the email for the file that file here um yeah 10:33 Oak isn't in here um in any case he expects to have something to us soon and they are going to have to provide some remediation so the owner understands that based on his due diligence um I'm going to write myself a note to follow up with Evan next week uh one Maris I spoke with the owner today because we did get um an email back from natural heritage saying that they agree with the approach and as long as they um plant some native trees or shrubs they'd actually prefer the shrubs in this case cuz I guess if you think about it if you've been out to Maris the under story is very sparse so um the owner told me today that she actually wanted to plant more than just two trees or shrubs and she was reaching out there's Framingham has a garden in the woods um location where they help people with you know figure out what kind of gardens they want and things like that but I reiterated that this has to be more like a natural area um maybe some red dendrons in there something flowering something providing some habitat so we're going to work on that together she's kind of excited to do that so that's a good thing um 2097 wheeler has been silent I haven't spoken with um I do know with that one that he's reached out to the ess's office to get an abatement for his property saying that most of his land is wetland I don't know what's going on with the shed permit I was just going to ask I'm going to check with the building department to see if he's called them at all and follow up with the owner 1334 Treemont Street I received an email tonight over the last few weeks you've been receiving multile yeah last week and then tonight um tonight he sent an email um I agree that and I did speak with the neighbor the the silt um seems to be under control it's looking the streets looking good there um I don't think we're adding any more run off to the Vernal pool and then you did send out a couple videos you think that late at night once after a storm um water was not coming off of our property it was actually coming off the area just east of his driveway and that even though the water was coming off of there it was crystal clear you know flowing over the top of leaves and sand and things that there was no sediment in the moving water uh one of the other videos was one of the most recent ones we were out there on one of the wal nights and if you listened you could hear the Frog so I'm happy with that I can stop my underground frog breing company I'll be all set I think yeah so I mean my I haven't been out there and I and I did call the owner today actually before you sent those and I asked him he said he hadn't heard any yet but he's going to listen so I'm sure if they are it's not the night no last week when it was warmer they were out there was a warm night and I was driving the truck and I had the window down and I said oh I wonder if the frogs were over there on tree mushroom you go by you hear no I listen to him going up Main Street but yeah yeah they were definitely out T they weren't out in you know great force but you know they definitely standing on the lawn just listening over in the you know in that direction you could definitely hear him so that was good an update on how we're making out over there the landscape is going in uh the middle of the next week they're going to take three days to do that they're going to loom in Hydro seed everything on the uh burn out in front where the septic system goes down and approaches Road he's also going to add some additional uh some sort of fabric he was talking about I'm not familiar with it but like a uh some kind of rolled out mesh that he's going to put on he said it'll help control that as well stabilize yeah yeah and I'm hoping to be out of there I originally wanted to close on the 25th but I'm still probably a week behind from completing the inside and then I have to run through the you know politics and departments to get all the sign offs so I'm done it's lights are on the only thing left inside to do is carpet um so as soon as the outside is done close with those people now he's the landscape is going to come in next week you said yes okay that's probably better than this week because we got up to three inches of rain coming on Saturday right I don't want to have all that Loom washing off no no you don't well just back a truck up and fill that pond whatever evict the frogs yourself so that's where we're at with that um okay while I'm here you mind if I ask what is the um procedure that I'm going to need to go forward I'm sign all dep so I'm going to have to get signed off from conservation as well yes how is that going to affect my closing and the final occupancy permit and all my final building permits it will affect it yeah so what do I need to do to satisfy that I didn't want to have any hold up so um I want to follow up like I said at the last meeting I think we should follow up at least another breeding season to make sure like in the fall fall to make sure that this pool I'm not saying you can't occupy the house until the fall um so far you've been very Cooperative so I don't think it will affect anything it's more so of the fact as when it goes down from Department to Department I don't know when H conservation oh I know it hits right away because I'm one of the only departments that's on the permit link um so as soon as you apply for the building want to go there walk it see the landscape next week if you're going to want to tour the place and check it out I just want to know what I need to do to be proactive to make so that it's a smooth transition the site stabil stabilization is a big deal so usually we won't sign off on a permit if we have a permit before us until it's stabilized so I think once it's stabilized that's when we'll be signing off for you so what is stabilization definition 80% cover cover meaning if it's seated yeah grass no but the grass has have to sprout yes it has to be growing so the closing would be held up or just the that's up to you guys normally they just do something like with an escaro or something no no no I don't mean that part I mean for me to get my final sign off from the town the conservation issue I'm assuming can stay open and be open but you'll sign off on my building permit and my in my permit so I can CL Bank bank won't close if I don't have a a final occupancy but I can't get a final occupancy if all the Departments don't agree that everything is in yeah um I think keep case open if you will you if they if he covers it with fabric and I want just Hydro seed it first are you f or do you hydro seed through the fabric so I don't know the process of how he's going to do it what I do know is we're going to take all the sil fence down we we're going to take the um St gring I'd only pull pull the chips back to the edge of the road yeah so we going to take it pull it back keep it in line leave them there and then reset the fence further back on the property but put all the stump grindings out on the street area where they are make a higher burn with them narrow it up and go higher yeah and just pack it in slightly but don't get rid of that we're not going to get rid of it at all what I'm saying is if you if you even when they fabric that Hydro seet M you can still get run off oh we're still going to put the fence back in place after we do now we add up to about 18 in just make a burm out of it and pack it slightly you'll be doing yourself a favor I guess there's no instruction or no idea of what the town is going to want um I know the highway Department's going to have to go by and they're going to have to do their thing and look to see if the area in front of the house and the street is cope set to the way that it was guessing braing Heights there really wasn't much out there yeah I'm sure he's going to want to make sure that you put the driveway where you said you would yeah so that part's done and I want to keep all the stump grindings out in the front I want to take the silk fence that's on the road and I want to pull that back to be in line with the tree line of everybody else on the road Hydro seat from there back and make sure that there's new Sil fence reset and then I would also double check with Tom to see what he wants to you to do in that right away cuz is that right away where you kind of cleared well it was always low cut grass along the edge of the road yeah so I think on top I'm sure that there's something down there but that's what I'm saying he's going to want that restored I would talk to Tom about it okay right away you know he works on Fridays too okay but as to the original question will I be able to obtain an occupancy permit and still keep a environmental case or yeah um so if you've Hydra seeded it mhm and it's getting watered and it's starting to sprout up and your closing is saying slotting the Sprout is not going to happen immediately I want to close next week just oh next week yes and I want to do whatever it takes to satisfy that so that yeah the committee will be big heat laps well I think probably what did you say big heat laps oh yeah I think I I would be okay if the commission would be okay with just an email from you telling us that you are Hydra seating it next week you're going to water it you understand we want 80% or more coverage and um and that's they they are following through on the plan to correct yeah and and then a final approval will come from when when it's come up but as of now we are satisfied and you know for you to do that let's say at the end of the next week if it's Hydro seated uh if it has the netting over it because that's that's going to be a big deal and next week there uh I think there's only a few days of showers uh and you know you might even get growth by next weekend depending upon what kind of seed is in there yeah we're going to put a mixture of a bunch of things inside there get some fast growth you know well yeah and and if you put plent and I mean uh uh I when I say plenty because you're going to need probably a a good amount of annual Ry but it can't be all annual Ry because next September next September they'll be uh they'll be chasing you down do you have any loom in there enough Loom you think is there enough top soil in there I'm bringing in truck loads of loom okay yeah I'm going to loom the entire place and seat it all next week great do you know what day next week is what I was told so start Tuesday Wednesday I'm not sure okay if you going to leave going to leave the a roing canol in yeah so how do we know the owner is not going to rip it down I don't know the's not going to R down but I can say that closing and include that into a clause when I'm closing and tell them that it has to maintain yeah it has to be full growth before they can remove it and I can even have it go as far as um you know need to check with cons so that would make me a lot more comfortable with the transition given you you're okay you get to your next step as long as the conditions that you're agreeing to with us get passed on yeah I certainly do that and include that inside of the uh closing Clauses so now we got to figure out how to pass that on to Lisa to see that it's followed through well yeah the other you know let me see if I have a card in here I don't think I do that's completely fair you've done your with what you could do if you give them one of those flyers my my um email in um and have them reach out to me just confirming that they've that that'll be great okay she's um expecting a child in the next couple days so you may not hear from her for a week or so maybe even up to that closing but yeah and I know how tired you get when you're about to have kids and you're not paying attention anything else so a daily route to go by there too uh coming yeah I go by it every day every almost every day I'm here so and if you guys would like to go by I'm more than happy to have every single one of you go over there and we can walk and you can tell me if there's something that you don't like well I I've been there I've been there enough me too how can you never call I I've met your your plasters I met your roofers I met your um uh who was the last that was there I don't know but I've met several of the the workers and I'm just looking things over and I kept them on it so they did a good job for you they don't know who I am yeah so that's a plan you know if you just want to send us an email like our you know tell me tell me we looming seating you know whatever day it is and then I'll follow up and then when you go for your building permit I'm going to get notified I I don't not your building permit your certificate of occupancy correct yeah I'm expecting that the electricians and Plumas will call in their inspections tomorrow or Monday depending upon the office hours and then I'll call for a final and then shortly after that I'm looking to close it as fast as I can yeah you'll be hearing from me in the next week okay and do you have my work cell phone number you think you have that one I'm not sure is that the one that's on the front of this no you called from different numbers in the past and I don't know which is which to be honest with you yeah let me um and I have multiple PHS too so not sure let me give it to you so you have it um the mobile number is uming everybody in the talking 508 821 8238 you can receive text messages for that as well y you just texted me got it so are you called me so so yeah so just text or call me on that number I check it every day I work and that'll be the most direct way if you to get in touch with me okay perfect okay great all right um on 2470 Pleasant Street one one more thing I'm sorry can I um be off the hook for returning to these meetings at this point um if everything goes well I would like you to check in with us check in with us before the next meeting because I'm going to be check do one more meeting I'll come back and do one more if you want what the next one you guys going to have yeah April 18th April 18th well the grass should be a foot high by then I'm Carolina that's not going to actually work I'm sorry the one after that have any May 30th correct sure uh Moren can you remember to send that out to him y awesome great okay uh shall we move on 2470 Pleasant Street thank you very much thank you um I actually don't have an update and I did not follow up with them but I need to okay all right so now we come back to uh gentlemen I think that's uh another old Horton Street no Zero Street that because we took 710 out we took 418 out I think no we got to go back I think uh I think it's over10 Cent two out of order oh on the back yeah Z so what's going on I talked to Carlos this week oh great okay uh so everyone knows you're at uh um Street up by the church right and and you are next to the fellow that uh uh ripped apart the well ripped ripped the land apart yes okay so you're going to tell us what your plan is well I'm going to tell you what my plan is when I get the letter from him saying that it's all set to go um I just don't my biggest fear is that once I get the property and we do the removal of the the driveway and stuff is that they're going to come back you guys are going to come back and say you got to do this you got to do that you got to do this I don't have that kind of money to play with I have an estimate right now for what it's going to cost to do it and also this is going this is if you look at the plot plan there's a stone wall that runs down the side of the 5 acre piece my next door our neighbors anything that's beyond that stone wall which is probably 3 acres is going to remain like it is it's not going to be tough it's just the property that's on this side of the stone wall so um that's what I'm going to I'm going to have to work on and I did bring some pictures if you guys wanted to see them um it's it's quite a mess I'm I'm being up front right now there's like five or six vernal pools there one's got frogs one's got frog eggs one's got tadpoles one's got Turtles so already already I don't know what to do I mean I don't want to go in there and disturb this because personally I don't want to disturb it but I also would like to have it as close to back to normal as possible and now le this is the pictures still this is in Chron chronological order is it yes so as you this is what it looked like before he got a hold of it okay let's guys will have to get the we I only made one copy um not yet there six or seven times I understand it's heart breing that's why he's purchasing it um I don't so we have a draft plan you've seen it I've seen the draft plan okay the draft plan talks about REM erosion control removal planting planting I don't if it's going to be pasture just to be I don't think I would like to put anything in there because whatever goes in there my sheep will eat it number one and number two if the Sheep don't eat it the deer are going to have a feast on it right you know so but like I said everything outside of that on the other side of that wall is going to be left so I I think the best it's a real mess and if you guys haven't been there you should go check it out it is it's just it's hot breaking I've been there not I've never saw the before but I saw the when we were out there I told John that I thought if he and I told if he pays to pay the bills that need to be paid for the scientist and engineer for the follows the plan as far as removal of siment removal of all the F and then we let it reestablish and he sees it and then we see what happens in the I don't want to upset too much there right now because like I said there is a lot of wildlife little stuff growing in there a lot of those stumps and everything else uh uh even though it looks ugly I think that as they Decay they're they're going to eventually support more vegetation it might take will or five years they will but my fear is my fear is that we already have had two coyotes back there I don't need coyotes moving in to a field where they can hide in there and then attack livestock I don't want I you know I don't want that to happen yeah and that's my biggest fear I mean we've been there since '92 and have had one coyote attack because the coyotes that were living there were sheep friendly I'll just say it like that but now I don't know because there hasn't been any there that we've seen lately and all of a sudden we're starting to see them again that's all that's all I just okay I just want to be clear you know I don't want to think got so once the engineer approves everything we can have we can see what you're going to do and it's already every the engineer is already oh good yes it's just a matter of is paying I got to I got yeah I have to pay the bills or you got to get the land first yeah I'm not paying the bills until I get the land yeah sounds like you are the first responder on the scene of somebody else's accident situation so well I and a lot of it's my fault because I thought he had his permits had I known he didn't have them I probably wouldn't have said anything anyways but because that's not that's not how I work but he doesn't have any permits and I when I talked to him on Tuesday he said he had just gotten out of the hospital so and I told him at that point I told him I would cover the cost of the of Steve and of zenith those two people I forgot to tell him that I cover the taxes that haven't been paid but that's all right I can live with that but I mean I just don't want it to turn into a $50,000 project yeah you know I just I you know the money that the money that has already been discussed is well within my means of doing as a retired individual yeah it makes sense well keep liser informed especially when the land is transferred that's going to be I think uh your biggest move and then you can work on the restoration you know the part that you be doing okay thank you for coming oh you're welcome I you know I hate to I hate to be coming to the meetings and holding you guys up but no you're not oh no no no you're not holding if I don't have a if I don't have a clear path this is you know these are the kind of you like this is no because it's um we enjoy hearing from people like you because uh uh you're in the restoration uh mode what would be I got a question for you though in this plot he removed some huge rocks where he removed those H huge rocks now there's a Vernal pool okay all right between now that's here you take like a foot step down there's more rocks that he removed and it dropped down to there and then if you go down a little bit more it goes into the into the pond that was down there at one time just just B basically really wet until August would it be possible to change the typ the topographical of that so that this pond that's up here or this veral pool that's up here well it's not a Vernal pool yet well it's got got tadpoles in it it's something that's something but can I change can could I drop that so it doesn't get any deeper so it would run to the next pool and then run out to the next one would that be permissible uh talk to your agent about that and see so I'm talking about whoever you're hiring on that uh it's kind of out of the way right it's kind of yeah it's not really it's it's you know he made it right he made the other guy made it this is there was no water in some of these places yeah that last picture you looked at that's why I said uh uh usually real pools take years to to become established but why is it so quick I don't know two years yeah two years two years I couldn't believe it when I saw tadpoles in there so yeah so the other thing is you um you not only cleaning it up but you said you want to reestablish that stream I want we have a stream that goes that's out back that Roy Horton did years ago and it comes from the next door A's land it comes through a a rock base and then there's a Rock base that goes all the way along that the stream comes over I want to put that pack together and have it go into that Wetland rather than having it just yeah you know so there's there's a bunch of things I want to do but there's you know I well talk to you said you have a wetland scientist he's already done he's already done he's done already yeah he's already done okay so it's up to the engineer to put the together it's some okay isn't that what Steve did yeah I have it but they're not ready to present it because they didn't get paid for yet no they haven't got paid and like I'm not paying for it until I get no not not until you get I mean I but I felt I should come and keep you guys up to date thank you very much yes thank you nice to see you same here maybe I'll see you next month all right thank you very much all right thank you we appreciate you is there anything else to disc I just have one quick yeah um there's the for the anrad for RJR properties for zero Horton we they are negative 9755 in their 53g account um I reached out to NOA they don't want to pay it and the applicant doesn't want to pay it so have they withdrawn their application they've withdrawn their application so we don't really have anything to hold over their heads to get them to pay it so if I can't get anybody to pay do I have permission from you guys to pay it out of the Wetland protection fund good night or professional technical I mean we might have to eat the cost Serena went over she didn't give us a bill for the overage so I asked can you just give us the bill for the overage I know we probably won't get paid but then we can justify paying in that 100 bucks you know what I mean right did did she exceed the quot what happened yeah she had exceeded it anyway but we had asked them for more money and that's one of the reasons why they didn't want to proceed so why did uh why did the amount go over what they had originally given us because well she came to the meeting and then presented that we need she needed to go over but shouldn't that have come out of the first uh uh amount of money that they gave for the yeah I think she probably what happened was she when she sent me the invoice she said I think this is the right amount but she wasn't sure and I get sent it up to Serena that's Serena said it's over um I don't know should should we send a letter to to is it Mighty right yeah I you know I hate to say it but maybe we should say that you know this is this goes beyond the amount that you had uh quoted us I sent her an email but she didn't her response was more that they still owe her money she called me too and I told her to send us an invoice for the full amount that she actually worked which was a lot more than what she got paid for and what was in the budget but what did she initially say she needed in the 53g she get all of that money so she went over what she initially budg and we requested the funds cuz it was a lot of back and forth remember we requested the funds yeah and they didn't want to pay the funds so so we are shed or she shed we're shorted $70 9755 it's probably not good practice uh yeah I I would not at all be comfortable with um with paying it Jim would you call Marty cuz I frankly I mean yeah she I must have her on my uh uh if not I if not I will get it from you and I'll talk to her about it okay because really this amount exceeds what we were authorized to spend yeah at the time that we established it so I I mean what what she said she was going to charge it it shouldn't have gone beyond that and for her to do additional work it would have been with the additional money that was requested right so I it's like she's asking for more than what she asked for in the original 53g right and that's that's exactly I I think okay all right I I I will tell her that and then I'll I'll deal with it right whereas now if we're negative $97 so she's been paid already yeah okay so she already got paid so it's a matter of no we still owe her or she still owed another 97 by her calculations no she was that account is not overdrawn because it's a 53g so all oh oh so it's our account that's overdrawn yeah the bank account is not literally overdrawn but paid out of General fun on revenues and that needed to byf M might is not wait a minute I'm confused here then has been paid yeah so it's my understanding and correct me if I'm wrong but the applicant are the ones who should be paying this however they have withdrew the application so we really have nothing to right you know and they're not and they're not going to do it no all right so we owe the account 9750 from other so what we have to do is transfer from account to another right but we really it if if we don't then it will hit free cash at the end of the year basically is what ought to happen so what we should do is contact the applicant to inform them that there was an overage and request them to make it whole however if that was not the amount that they agreed to and that was not the amount that but they right but okay they gave the amount that that of the original request from the 53g this is the way I'm reading it right but then Mighty build us more than what is that correct Mighty build us more than what was yes so put into the 53g so mighty so so what we're asking for is Marty to give us back 9750 yes which I have asked her and she doesn't feel like she should have to is the takeaway I got from that yeah and I honestly don't even believe I I don't I I mean I don't even disagree with her at all cuz we we needed her help yeah so so we hired we essentially hired her then without um to come in without realizing it no yes and no you we knew we needed her for the additional hours cuz remember Brandon was going back and forth with her and and that was going to be in the next amount that they refused to pay so so so she came in on our account thinking that the money was going to come in or we were thinking that of course sorry my son left my car over there and I wanted to make sure I'm going to have my key I don't know this it sounds like um s up we retained her in hopes of them sending the extra money in and if that is our case we inadvertently uh requested her Services before her Services were paid for by the next 53g uh account was reestablished I'd I'd have to go back and rewatch or reread the minutes from when we retained her because I remember her coming in uh but I really what she should have done was stop working when she hit the amount that she of the estimate that was that was the amount of work she had approval to do so she did appr she did an amount of work that she was not approved to do and then we paid it and now the applicant no I I I I hear what everybody's saying and and uh uh everybody's right right everybody's right um and um right if that's what occurred if we asked her to do that in anticipation that they would do it I I think I think that's if that's what happened and then they said no then we are in for it really we should have had her refrain from any additional work until the we didn't right but we didn't um I'm almost at the point where I say okay let's take from count a and put it into the other account to cover the 9750 um and what account would it come from though we definitely don't want to use our Wetland filing fees it's a revolving account that we we don't want to be know we don't want to be using that to be paying basically a 53 what about if Paul if we use the professional technical fund because we still have a certain amount of money left over from like I got hired late in the year there's still that extra money so even if we go negative and professional technical couldn't they pull it from like my salary that I'm not going to use for this fiscal year there's definitely extra money there's going to be some extra we really need to establish concretely which I'm nowhere near confident enough to say that we retained her Services okay um well you're not confident to say we retained but we as a commission independently hire her in above and beyond the commission shouldn't be paying for it is really what I'm saying oh going to yeah I mean that was the whole point we said negotiating for us yeah in between and I mean nobody was looking at the clock like whoops you got to stop at 10 minutes past 8 you know what I mean this was probably dragged oute or another yeah there was some games being played by the in that on that one if we can take it from one account that we're going to have a surplus in cuz we're we're coming to at the end of the year there's got to be some account that we're going to have a surplus in that we can transfer the 9750 over to I don't I don't know what the account would be that would I don't know if that's your department or or if um what we could do is I can um have a conversation on Monday with the town accountant yeah see what she would advise in the scenario okay especially now considering with the appli the applicants with drawn their applications we really kind of lost any leverage that we had yeah oh yeah we have lost it and um the only other option would be that really if this was a situation where we were definitively owed the money by someone this is can't be like the means to a tax bill or anything like that but it could be referred to my office to pursue collection efforts okay well the only thing is we still have them for that um uh for the noi they're still here for the noi they they they re they withdrew the nrad but they're still here for the noi oh all right so then we so we We There is a possibility but it it appears according to Lisa that they're going to drop out of that one too um Lisa did you drop out of the no as well yeah I did tell I told the engineer who still has the noi going that we asked Marty for an invoice for her overage and that it was going to be sent to them um and he said unfortunately he hasn't gotten paid so that's just what's kind of happening now Brandon hasn't been paid no it's Mark the engineer oh Brandon Brandon got paid and it um wasn't CH change okay let's go to what you said about Monday uh going I can talk Town accountant okay she she would recommend if what whatever if we're if we're going to have overage uh at and because we only get what two months to go before the fiscal year comes to a close uh they should have a pretty good site and the 9750 is you know it's it's still some something but it's not going to be uh it's not like it's 5,000 or 10,000 or anything like that and I think that would clear accounts I think you're worried about the procedurals of making sure it doesn't happen why did it happen well I think I can see why it happened uh right and really are we going to be performing this transfer with money that we're authorized to spend do that okay so I guess we can do search okay right because really if we do that then really we as a commission paid for a private applicants true private service for their own private Endeavor and we're not in the business to do with that so we have to do or or did we are we paying for her to give us advice as to what they need I don't know think of it that way too so it it's one of those slippery slopes yeah okay well get to the bottom it on Monday yep sounds good okay is there uh okay is there a motion to uh uh close yes motion to adj to ajour Second all in favor okay