##VIDEO ID:TqwwQRIxrtg## 16th uh and I will uh start uh with reading from the script in accordance with the requirements of open meetings law please be advised that this meeting is being audio and video recorded the agenda lists all the topics that may be discussed at the meeting and those that are reasonably anticipated by the chair votes may be taken as a result of these discussions not all items listed may be uh in fact discussed and other items not listed may also be brought up for discussion to the extent permitted by the open meetings law please address all comments to the chair this this meeting of the Conservation Commission will be held by Zoom at the link provided in the notice uh which is the uh agenda um for anybody who's watching us by live streaming the agenda is posted uh lunenberg mass.gov uh go to the town calendar find the Conservation Commission and download the meeting uh where you can click on uh the zoom link there um and if you just want to access directly the meeting ID is 9091 17434 excuse me again that meeting ID is 9091 17434 7 we'll start out with a roll call uh Jenny present uh rich I believe is still out Jeff present Mike present Chris present thank you um and uh we'll just uh start out with uh you know for those of you that were in attendance last week you're well aware of the issues we had uh with uh unfortunate uh Zoom circumstances my apologies for that we um have made a bunch of changes in the background uh and changed the zoom ID that we're hoping will eliminate or at least mitigate uh opportunities for uh that type of bad behavior again do we have uh do we have any comments from members of the commission any comments uh from members of the public uh and let me just also read the script uh on the uh public comment uh comments are to be Li are to be limited to 3 minutes and on a subject matter under the direct jurisdiction of the commission comments about current agenda topics are to be made during the comment period of these specific agenda item please address our comments to the chair and uh start out by stating your name and address and uh the protocol is to raise your hand uh if it uh you want to be called on by the host and uh if you if you can't figure out how to do raise your hand and uh just uh unmute yourself or wave at me and I will uh and I'll respond um but I think most of the time people can find the raise your hand it's in the periphery depending on what type of device you are you are on it'll either be in the upper right hand uh corner or down at the bottom of your Zoom window and sometimes uh you might have to actually click on the window to have those um raise hand uh types of options up here uh on the window and I am not seeing any comments from members of the public uh the September 18th uh meeting minutes have been posted and distributed uh did any member of the commission need to uh advocate for a change or revision to those and I am not seeing any hands so I think I'm looking for a motion to accept those second okay Jenny uh motion and second by Chris roll call vote uh Chris hi Mike hi Jeff hi Jenny I and I for myself thank you uh Sophie did we have any requests for continuations uh for uh our meetings within the last 48 hours yes uh continuation requests uh to the November 6 meeting for 22 Fairview under uh notice of project change okay um okay thank you for that moving along uh new public hearings pursuant to Mass General Law chapter 131 section 40 is amended in the town of lunenberg wetlands protection and Municipal bylaws a public hearing on a notice of intent by DNA lunberg LLC for construction of a storm water management system within the 50 and 100t buffer zone but outside of the 30ft buffer zone of a bordering vegetative Wetland located at electric AV and Pierce Avenue do we have uh do we have the owners or their representative here with us tonight what I'm not hearing anything um Mary when I first came on I didn't have the ability to um Talk is is I I changed that Chris um yeah thank you so I do expect members of the public and uh and the various uh homeowners to be able to unmute themselves and talk let me just test that uh Greg uh can you confirm that you have uh the ability to talk testing thank you very much Greg I appreciate that okay so we'll uh we'll move along uh we'll uh hold this open uh to at least until we get to the end of the uh continued uh public hearing Sophia we did expect the guys here tonight right they didn't ask for a continuation or anything no they didn't request a continuation okay and they knew they were going to be on tonight's uh agenda they must have because they uh paid for the legal Adge right that's right okay and they just dropped off um their checks for the fees today so I don't know what happened okay very good uh we'll move on to the next one uh again we're holding that one open uh we'll close it and I'll uh depend on my uh trusted commission and administrator to help me close that one out before we uh get into the business section okay moving on pursuant to master Law chapter 131 section 40 is amended in the town of lenberg wetlands protection and Municipal B laws a public hearing on a notice of intent by Christopher coffin for removal of a deteriorating pressur treated railroad Tai wall with a replacement um by continuing an existing Graves Recon wall in its place on the shore of Lake Shirley located at 701 Reservoir Road and uh do we have uh the homeowner and or their representative here with us tonight hi I am here Christopher coffen hi Christopher um do you uh let's see we're not um doing participant sharing tonight Sophia can you uh can you share with us uh his uh site plans and whatnot um we have that um disabled I think you have to allow me to just one minute okay try now e okay Christopher why don't you walk us through what it is that you want to do here okay so yeah as you could see this is the proposed one that I'm hoping to get passed through is just take the wall that's there and because I'm I'm using blocks I'm just squaring it off um there's a there's a one that shows it they're kind of at an angle originally on each Corner um so I just squaring it off and replacing the railroad tie with one one block and a Capper just to get it to the height of the Loom and bringing it right around to where the wall was um the 22 feet is a spot that has all trees that are getting ready to fall in so we're just hoping to just put the wall in front of those to save the trees to help out with keeping the water there's a lot of fish beds there like in the summertime so I just don't want to lose those trees for them okay so the goal there is to actually preserve the trees you're not corre I do not want to cut any trees down okay and uh what is the height of the wall uh the current height of the wall um from the bed of like we'll say from the dirt when the water's there to the loom is about 18 inch there we go okay very good oh and it's fairly consistent around the um the perimeter there that you're yes correct doing the work yep okay okay and then it looked like all this work is uh proposed to be done uh during a lake draw down correct yes okay okay I'll uh open the floor to other members of the commission people are particularly quiet tonight Mary hi mik just getting my hand raised here okay thank you I just wanted to uh let everyone know that Jen and I did do the site walk on Saturday and it looks pretty straight forward of a project replacing some definitely old railroad ties to something that is new and uh Chris was very good about saying about you know leading all the vegetation and by changing the wall it looks like it will probably preserve some of the vegetation that is on the lake which is a good idea so um I thought it was well thought out and looks like it would be a benefit to the lake thank you Mike okay Jenny so I want to say I agree with what Mike said um and also so I was out there too and then I was talking to Sophie about this yesterday uh we were looking the um so it looked like there's some notes in the um the D filing and it that they had asked him to say that there was going to be an impact on the bank and it looks like you did refile that form with the correct information right Christopher yes I I believe we did do that correct the second it's all correct here now in the filing so I just want to make sure we have everything yeah that they had asked for so it all looks good here I don't know if anyone else wants to look at it too it's in the open gov but that was my only question thank you Jenny I was just reading the d uh comments I saw that we didn't have a d number so we're not going to be able to close out tonight um Christopher just so you're aware we we actually have to get the D number before we can close the um the project or uh render a decision on the project okay but they're usually pretty prompt as long as you've answered all of their um their questions that they put in the notes all right so then I'd have to come back to another meeting right yes okay um and I don't see in other raised hands do we have any uh questions or comments for members of the public and I'm not seeing any uh Sophia did you have any uh other comments that you wanted to make um or recommendation based on your site walk um I think just getting a uh no nothing on the walk itself but definitely getting more information about um the dimensions of how deep they will be putting the crush Stone um and how wide around all the blocks um that would be good to know I think that's an excellent idea uh Christopher that I think that's an easy note to add to uh want to amend to one of your existing drawings and just give back to uh Sophie okay yeah I was thinking like six inches so I'll just I'll put that on the plans and resubmit that okay thank you uh so Christopher again as long as you've already answered everything for D they're pretty prompt um so the next meeting is November 6 um should be okay with us continue until then uh as we're not able to actually deliberate on this until we have a d number okay okay I'm looking for a motion to continue to November six so moved thank you thank you Jenny roll call vote uh Chris hi Mike hi Jenny hi Skip Jeff hi and I for myself we'll we'll see you again uh Chris on uh Christopher on November 6 all right thank you so much thank you okay moving along uh to continued uh public hearings pursuant to Mass General Law chapter 131 in section 40 is amended the town of lunberg wetlands protection Municipal bylaws a public hearing for a notice of intent by Daniel Hernandez represented by Dillis and Roy Civil Engineering Group for the purpose of a garage uh addition removal of vegetation and structural renovations to an existing single family dwelling the proposed work is within the 100 100 foot buffer zone of a bordering vegetative Wetland and a 200t reparan zone of an intermittent stream at 48 Island Road so do we have the applicant Andor their representative here with us tonight Madam chair Greg Roy here representing the applicant I can't see the full screen so I'm not sure if my uh client is here or not but um I think uh you were actually one of the uh people that was rudely interrupted by the problems last week my apologies well it uh it is what it is it is what it is I haven't been uh we've had other people in our office have Vats of that in other towns but I haven't had the privilege of that yet so anyway so um with your permission I'll get started uh yes please is uh I I understand I can't share my screen this evening is that is that the case uh how do I be able to allow you to share uh hang on um uh okay try now all right uh let's see how's that okay I uh I'm not at my desk so I'm having I'm I'm having single screen woses here so bear with me here I'm I've got a lot of sympathy for you on that okay here we go um okay um Greg Roy with Dillon Roy I am representing the applicant uh the her Hernandez family as you indicated uh for the project uh on Island Road um we opened this meeting a couple weeks ago but um I'm going to consider that a little bit of a wash uh so I'll I'll go over the U the the whole uh the whole deal again here just to rehash um the property is located at 48 Island Road U it's shown here in um heavy black outline there's a bordering vegetated wetland in the northeasterly corner of the site um right here uh all of this is wet and then there is a perennial stream that traverses through the property uh which is shown in blue right like that um so those two resource areas have an Associated 100 foot buffer zone associated with the um with the Wetland bordering vegetated Wetland and a 200 foot Riverfront area associated with the uh the upper Bank of The Perennial stream um the entirety of the site is located within the 100 foot buffer zone which is shown here in uh in this this line right here uh the limit of the 50 Foot zone is shown here and the limit of the 30 foot zone is shown here um the riverfront area again is completely encompasses the site the 100 inner 100 foot riparian zone is this blue line right here uh but the 200 foot is off the page uh so to speak so the entirety of the site is located within the riverfront area um the applicant is proposing to um uh make some modifications to the property um the house is fairly run down down um so they're looking to um do some structural modifications to the foundation um the areas shown in red are portions of the existing house that are actually going to be removed um so in the case of this uh this one back here it's a it's a shed more or less that has been U you know tacked onto the edge of the structure they're going to be taking that off um there's a bump out here in the back that's going to be taken off and then this bump out here is essentially going to be removed and replaced essentially in the same location um the uh two new uh portions of the two new additions will be proposed uh both on the front of the property one will be to construct a new two-car garage which is shown right here and the second would be to construct a small uh Breezeway entrance way that's shown in this uh small rectangular box right here uh both of those are located within the footprint of the existing driveway so will not result in any additional impervious area on the property um and then uh there are plans uh to do a few um tree removals on the site um last week we actually proposed five trees to be removed um since then we've revised the plan uh to eliminate three of those so we were intending to remove the two trees uh here let me see if I can highlight those we're intending to remove this tree and this tree uh We've since uh revised the plan to keep those trees we're also planning to remove this tree and we've also identified that to be saved as well um so we're really only proposing the two uh trees that that are circled in red this uh this tree here which is a I can't even tell you what that is not sure what the size of that tree is but and then this tree right in this this location here um we also are proposing to put a retaining wall U there's a slope that slopes from this low to high as you go towards the property line so we're proposing to put a uh retaining wall in here um previous iterations had this up along the property line which would have resulted in the removal of all three of these trees we have since um rethought that idea um and have moved that retaining wall closer to the uh to the house to provide a minimum amount of clearance between the uh the existing and proposed uh portions of the house in in that uh that area just to relax the grade get some better drainage in there so that the uh the runoff doesn't flow back down into the house as has been happening I think historically and causing some of the issues with the foundation um so the uh the proposal um with all of those revisions uh now complies and is less than the um the 5,000 square ft of Riverfront alteration um as you look at at that from a uh we's protection act performance standard uh which was one of the uh D comments U that we wanted to make sure we address before we came before you this evening um so uh essentially we've we've modified the plan since uh since it was previously submitted um to reduce the amount of overall uh land disturbance on the site to below the 5,000 square foot threshold we have also included a Riverfront area alteration summary um on the plan to document uh those metrics uh to make sure we're in compliance with the uh with the weather's protection act on that front I think I will uh leave it at that Madam chair I'm happy to take any questions thank you Greg um so uh my question is what is the purpose of removing the tree that's on the kind of the top side outside of the uh limit of work yeah so it it it's pretty so this this plan maybe doesn't do it justice with the symbol there but it's it's pretty close to the house um and where it's outside of the 50 Foot it's right on the edge of that 50 foot buffer zone They really would like to take that um so that it doesn't it doesn't further uh threaten the house okay um I had the opportunity to walk out there I did it didn't seem like it was all that close to me and it is in the um in a reparan Zone uh which uh in my mind means that it should be uh protected um but I'm only one vote uh so then in all other areas out you know I also note that that's tree removal is outside what's established as the limit of work um and outside of uh what would be the disturbance area as well um so is it safe to assume there are no other alterations uh anticipated outside of the limit of work or uh in that uh inner reparan zone or are there other alterations that are proposed no no other alterations matter of fact the septic system exists over in that area um that um the squiggly line here it's sort of a rectangular in shape is the location of the existing leashing system um that has passed the title 5 inspection so there is no uh proposed changes in that location um that tree is very close to the leeching area um so I think that might be another you know another reason why they really like to take it down but it's in your prerogative um if if that's something the commission doesn't find approvable um that's your prerogative and uh for my I uh just for my benefit uh Greg I know you you do this as a living and those of us on the commission are under a three-year uh you know volunteer appointment um the septic field is not included as a disturbance uh in the inter reparan Zone seems like on Surface it would be we didn't include it um it's been there a long time and it's essentially uh I mean you know I think you've been to the site um it's a not really part of the improved area at the moment um if you will I thought though that the way the riverfront act uh was written um the total disturbance area is the total disturbance area it's not what you're disturbing new it's the total disturbance area am I again I'm asking a question from somebody who does this you know as a living yeah well well it it's it's a difficult it's it's it's more difficult to make those those type of analyses on a pre-existing site especially one that's very small like this where you have the entire uh portion of the of the property within the rearfront area um so I don't know quite frankly you could probably look at that two different ways um we looked at this in terms of what areas of the site are Disturbed with um more or less hard Cape so the the existing house the driveway and and you know sort of bonafide improved areas if you will um and then we added in the area that we're proposing to disturb although that'll be soft the softscape uh portion on the left hand side or upgrading side of the house where we're proposing the retaining wall uh which really and truly is a pretty a pretty at this point modif size uh change um really not intended to create additional usable space at this point really just intended to make sure that the structure protected at a minimal level from from U ongoing runoff so you know I don't know I guess it's a little bit of a a gray area there with respect to the septic system but um well I understand gray areas and regulations I mean I as you know read regulations all day every day but minine are more in the uh you know electronic uh Conformity assessment uh kind of uh perspective but yeah all regulations have gr areas that are inherent so I respect that thanks thanks for the response Greg um uh do we have uh questions or comments from members of the commission I have not seeing Oh I have one raised hand uh Jeff yeah Greg and with that tree next to the septic system would that be actually a good idea to take that down so it doesn't encroach into the septic system and actually fail it in future years huge huge tree Jeff it's very tree oh yeah the fact that it passed Title Five already I mean it's it's a it's a big tree so what do you what do you think in your opinion Greg well we don't like to see trees that close to the system um no you know it it's not impacting my our office didn't do the Title Five inspection so I'm not exactly sure um uh I I didn't look at the debox myself but obviously it didn't it didn't meet any failure criteria um but you know that doesn't mean that it won't in the future um I you know it's not I guess I I'll answer you a question this way it's not ideal to have a tree that close to the to the leing field um do we see it yeah we see it from time to time but it's not the uh it's not a perfect it's not the best case scenario okay so I mean it it really could be feeding off of that well it almost certainly yeah it almost certainly is yeah it yeah from a from a uh from a biology standpoint it's probably great for the tree yeah not too good for septic system yeah yeah okay um and then is this going to be a knockdown and rebuild or just in addition of that garage no just in addition so they're going to do some uh some work on the foundation um the foundation needs needs some help in uh quite a bit of the area so they're going to replace um and beef up the foundation under the existing house um but really the only um addition if you will they're not going to re they're not tearing down the house they're going to they're going to uh renovate it in place and then add on the garage in the Breezeway okay and then what is the the setback for building a structure from road yeah thanks thank you yeah we we actually did receive zoning uh relief on that from the Fels already so we did uh the the the setback is actually 40 feet um and we did receive a dimensional variation from the so you already have approval for that we do yes okay those questions thanks great yep y thank you Jeff Mike oh Mike you're still on mute sorry madam chair I just wanted to give a shout out to uh that I know it's close to the uh septic system but it's a magnificent specimen of a sugar maple the applicant may want to think about maybe tapping it in the wintertime for maple syrup um the fact that it's been there so long and it has not um compromised the the septic system perhaps that's a good sign so that's all I wanted to point out thank you Mike oh go ahead I'm sorry I didn't mean to cut you uh just in you know because trees can't talk so I'm trying to talk for the tree um so that's just my um my input into perhaps trying to save it thank you Mike okay thanks sopia um I just wanted to agree with uh Mike's commenting and I do have a question though if a tree of that magnitude were to be removed from that close proximity to a system like that how would that be done without damaging the system I think they have to leave the root ball in place leave the we'd leave the root ball they may grind they may grind the stump in place um you know just to get it down below grade but you would in this case would not we would not recommend um mechanical removal of the root mass okay thank you Sophia do we have questions or comments from members of the public okay I did not hear um I did not hear the commission uh ask for any additional materials or clarifications uh does that mean uh does that mean we're ready to make a uh let's see there is a d number on this right yes there is yes there is uh we can get it out of your hair if you're so inclined and let me just say that I'm not going to uh what you know we're not going to we're going to um let the commission um decide what they will on the tree I I'd rather you know we obviously want to remove it but if you if you find that it's not um uh that you're not inclined to grant that then we're we're happy to accept that as a condition thank you Greg so I think I'm looking for a uh a motion to approve this uh with the exception of the tree that is uh annotated I I want to keep the tree that's annotated uh outside of the um annotated for removal that's outside of the uh limit of work as shown on the drawing anybody willing to make that motion so moved do we have a second thank you Mike and Jenny uh roll call Chris I Mike I Jeff hi Jenny I and I for myself thank you very much we appreciate it thank you I'm just catching up my own notes here give me a second okay uh uh one thing that I'll uh note I uh Jenny you have your hand up so we had a couple people come in after we continued the first hearing and I didn't know if we wanted to see if they're here now or um okay we can we can do that yeah thanks for thanks for having the presence of mine to bringing that up and I uh also want to note that somebody is logged in under just a phone number 97854023800 hello yeah hey sorry my name is Danny Hernandez 68 weather ban Drive um sorry I thought I was unmuted this whole time I was uh I'm the owner of the property at 48 Island uh Drive okay okay um and the only reason why I am asking you that is because we had some problems last week right so uh just oh yeah it looks like maybe you're just on phone anyway but uh I just wanted to make certain that we're uh doing what we can to eliminate Mischief this week so thank you thank you for speaking up no worries and thank you guys for uh moving to approve our pleasure okay uh did we have uh the residents of uh electric AV and Pierce have uh come into the meeting uh it looks like uh DNA lunenberg LLC and I'm not I'm not hearing anybody so we're gonna we're GNA move on uh pursuant to Mass General Law chapter 131 section 40 is amended in the town of lunberg wetlands protection and Municipal bylaws a public hearing on an abbreviated notice of resource area delineation by Kevin O'Brien at 390 Howard Street do we have Mr O'Brien here with us tonight you do uh very good uh thank you for showing up um what is the uh latest status of this project uh at tomorrow I am meeting with Chuck Karen and art Allen they're going over the delineation that Chuck did um we're going to discuss that tomorrow to make sure we're all on the same page what I will do is I will have uh Haley Wood go out there and pick up the flags and I will present those to you um hopefully for the next meeting if uh that's possible okay and uh when we last spoke uh there was some uh discussion about soil moving out in that um project area and uh the need to install uh erosion uh controls has that been done that was um that was under the violations we did go out there on a sidewalk Mike I'm sorry Mike I don't remember your last name Sophie and myself um and Chuck Karen went out there the areas that she was concerned with was uh out in the back of the property where erosion runs it's not um it's not near any Wetlands it uh I'm I'm sure eventually it goes to Wetlands but we did walk we got our steps in that day the four of us um we did not find a violation I don't want to put words in anybody's mouth but that's what we um Sophie had asked me if I could put um just put Stone uh big stones in those erosion areas just to slow the water flow down um but I'd rather she say agrees with me or disagrees with me just so we can get this off our plate because I don't think there's a violation out there um and uh Sophia um is that consistent with uh your own observations um somewhat um I I did um indicate that the erosion was starting all the way at the top and kind of snowballing um down to where um there is a a wetland buffer um and it it seemed like there was sedimentation at one point whether it's current or um a little bit in the past there is some uh sedimentation going into the Wetland on the side that we were looking at um further into the woods almost on the the other um basically up to the stone wall ordering the other property um but I did indicate that the erosion needs to be fixed regardless um and it is up to the applicant to figure out um how to do that okay and so then um well I guess I'll ask Chris uh about your observations I think you were out there with uh Sophia that day yes um I I agree with Sophie so what we saw was there was the the water was picking up speed and when it got down to the rock wall area that Sophie's talking about it started making a really deep I would call it a ravine or Gorge down there but to the point now that it's so deep I don't think it's going to get Ro it's not going to make it past the rock wall when it did reach the wall there there was some know sediment running into the woods but I think we all agreed on that walk that if we make some breaker bars just to slow the slow the flow down we would prevent that from happening or mitigate it a little bit so that was our um Sophia agrees I think that was what we had said okay um so then Kevin what I'm hearing is that there were actions um that you were asked to take do you believe that you've taken those actions now well on the uh on the last meeting that unfortunately you guys had a little glitch with um that's what I want to make sure that we're all on the same page before I go out there and do anything if we put that rock in that cvet area for the erosion to slow that flow um I don't have a problem doing that but I just want to make sure that's what we're going to do we have no Wetlands deline um um erosion control that needs to be done I think the rock the what where agreeing to I'm agreeing to doing the Rocks but I want to make sure that the board is on board with what we're saying um and not having a drawing in front of me I have a hard time uh kind of saying one way or the other let me try to restate that Mary what I'm I'm trying to convey is um if you've ever been on a on a trail that that goes down slopes downhill there's there's there's um uh I'm real familiar with the property um Chris right and um I'm real familiar also I've I've walked at um no I'm not talking about the property I'm trying to talk about what I want what I want it to be put in on a typical trail that has water issues they put in temp um periodic uh uh periodic um areas where the water gets directed off the trail and we were talking about that to to slow the water down there was nothing preventing the water from picking up speed and it was just racing so what what Kevin and I Sophia and Chuck talked about was putting in rocks to slow the flow down so it doesn't it's not it's not flowing at full speed when it gets down to that rock wall that's what I'm trying to convey yeah and I and I think that's consistent with what Kevin's saying he just doesn't want any gachas and I think the uh my hesitation uh is that uh when I was out there last uh which was in the spring I believe uh there were Wetlands a small intermittent stream Crossing down in that area um and so in my mind that does put a wetland uh in proximity to some of these areas that we're talking about but we walk down to that area I'm sorry Chris I called you um by your wrong name um we did walked down to those two Crossing areas and there was no erosion down there again that's my opinion and that's why I understood the conversation was further it was further back up the road that goes down the back of the property where we talked about um putting these D essentially their dams to slow the flow down and as we talked about that erosion that the the areas that the water runs in now is is eroded it's I mean it's got three foot gullies in some places that don't think the water's going up over it anymore it might have gone over it before and flowed onto um you know off the what would considered the road area onto the lot areas but we uh all again I don't want to put words in people's mouths but I thought we all agreed that that was not going to be the issue going forward but if we can go Upstream let's call it or uphill not Upstream but uphill and put these dams in those erosion areas out in the back of the property um we thought it would slow that down that was my understanding as well thank you okay very good um and uh yeah and and Kevin you understand uh per Sophie's advice that uh the expectation you is you would keep that uh soil from eroding moving forward too because you're on site and actually managing the property yes okay very good um I see Jeff uh has his hand raised uh Jeff yes Kevin just to refresh my memory what is your plan for this parcel and when do you expect to start construction unknown sorry that's not a very good answer but um I'm not sure we have to get this delineation redone again uh so we know where we're at um and I'm going to start working on some type of plan um to decide how I'm going to move forward with the property okay because I mean if something's not done within I think the next couple of years it's going to start to develop even more wet ones so it would then you're GNA have to have another delation exactly I mean plants are going to start to grow and you're gonna start to I think that Ravine will probably eventually build into a maybe a brook or a stream but which is which is which is one of the problems we have now some of the areas that uh Chuck went out and ref flagged uh and our going to look at when we get out there tomorrow um that that has happened to you know areas that were burned or water got to and then they sat the water sat there uh thinking that was great because you know the water wasn't you know blowing out over the hills and going into fortunately further down the hill to Wetlands um has created another problem in some cases it has created other Wetlands so um okay that's one of the things so once you get this delineation done and you're going to have some kind of plan I mean otherwise I would just say cap it and start planting so that we don't have this issue in the future and maybe put in some kind of storm water management system but I mean we just can't let this parcel sit for much longer and just keep eroding away yeah it's true me me I can't either okay okay thank you uh Madam chairperson good good comments Jeff thank you uh do we have any questions or comments from uh members of the public uh Sophia um just for clarification uh purposes do we establish a deadline for this to be corrected yeah that's a good uh that's a good uh Point uh I think when we had last discussed this uh project we had expected there would be this the water movement to be corrected within two weeks uh do we have any uh Kevin would you be able to accomplish that I yeah I would probably have a I could probably have it done before the next meeting okay um and uh I guess uh because we're talking about a uh two week expectation on this I'll I'll I'll look for a motion from my members of the commission and a second so moved thank you Chris second by Jeff thank you Jeff Roll Call vote Jenny I can't vote on this one oh you can't can you um very good uh Jeff hi Mike hi Chris hi and I for myself okay um and then uh we'll expect an update from you at the uh November 6 meeting um Kevin yes that is correct and hopefully at that point we will have plans for the delineation at that point that's what we're hoping for anyway okay very good so I'm also now looking for a motion to continue this hearing to November 6 so moved thank you Chris second Mike thank you Mike roll call vote Jeff all Mike I Chris I and I for myself thank you Kevin Madam chair thank you for taking me out of water I know you jumped ahead I appreciate it yeah uh no issue um moving along uh pursuit to Mass General Law chapter 131 section 40 is amended and the tattle Lun Wetlands protection and municiple bylaws a public hearing on a request for determination of applicability by Robin Jacobs for the relocation of a previously approved Arbor bushes and the replacement of a pre-existing vinyl fence located at Hickory Hills lake at 372 Townson Harbor Road uh do we have uh Robin Jacobs uh here with us tonight yes you do okay thank you um do you just want to give us the high level summary of your uh project I I think probably everybody remembers but just a summary to reorient ourselves and differentiate from the last uh project would be nice sure um Sophie has the latest drawing that you guys had requested from me in the last and I also um got a a letter from the building department on their letterhead with the regulations for fences and um the drawing that Sophie has goes is all within those specifications from the building department basically with anything within the 30 foot as um was that's not the most recent drawing um the most recent one has the colored the green and red anything within the 30 foot um you would ask to do split rail and outside of that we could go with the six foot fencing and that is shown here on this map okay uh let's see high vinyl fencing oh okay I got it yeah I was getting oriented with it uh yeah this is this map is a little upside down actually if it was just flipped over it would it's uh it's fine I just had to orient myself with where the water line was and where the I mean at least it's fine for me um I look at drawings a lot are you proposing to put in uh Arbor in all of the locations of the uh uh green um dots yes eventually okay so um by given a drawing that shows that there the expectation is it would be done within 3 years of you know if we Grant you approval is that what you intend to convey to us or commit to us yes excuse me I don't know what's going on I'm sneezing a lot tonight um okay I just want to make certain that's clear because not you know not everybody is aware that uh when they give us um you know a uh a drawing with the vegetation that that's a commitment to have that work done within three years okay and I think that answers the questions uh and concerns that I had in the note uh in my notes from previously um so to my fellow Commissioners uh do you have other questions and or comments about the proposed project and I am seeing none uh do we have any questions or comments from uh members of the public and I am seeing done okay I think I am looking for a motion to approve so moved Mike thank you Mike do I have a second I have a second from Jenny okay thank you uh roll call vote uh Chris hi Mike I Jeff hi Jenny hi and I for myself thank you thank you uh 372 again just uh catching up my own notes okay okay moving along uh pursuit to Mass General Law chapter 131 section 40 is amended in the town of lunberg wetlands protection and Municipal bylaws a public hearing on a notice of intent by Steve Powell for the construction of a single family and Associated site work at 171 Arbor Street do we have uh uh Steve poell Andor his representative here on the call tonight good Brian maret here mcar engineering hi Brian how are you I am doing well um so uh do you w to uh give us an update or uh go over uh the project again with us where are you guys at it's been a while it has so um I do have plans and everything else too if I am able to share my screen tonight hang on just a minute let me um me go to that yep um but in the meantime I can explain why we've been uh delayed for so long um back when we filed the notice of intent we had filed concurrently with the National Heritage endanger species program um there was a priority habitat line that uh did cross onto our site uh as part of that review with Mesa um they required a habitat assessment so we had LEC environmental do a habitat assessment in their assessment they did find evidence of the blandings turtle on a portion of the property so they required us to go through several rounds of review to revise our design um if you recall in the middle of the middle of this property uh 50 years ago there was gravel that was excavated out of it so there's a about an acre section in the center of the site that is very Sandy uh there's no vegetation um turns out it's Habitat for um nesting for turtles so eggshells were found during the habitat assessment so we spent um we filed I believe back in call it September last year about a year ago we spent four three or four months revising our design uh concurrently with the reviewer uh with National Heritage and danger species program um we finally came to an agreed layout that he was happy with um and then he issued basically us a letter or an email saying we're good with the design um now you can proceed with local permitting in order to obtain your order of conditions in your site plan review everything you need from planning and conservation before the endangered species program finishes their final review so they've they've blessed this plan uh we ended up taking the project which was a four lot subdivision so it was a fullwood subdivision roadway uh there were four house Lots there was um Stone water infrastructure in the streets we had a detention Basin out in the back which happened to be right where that Sandy excavated area was um and what we did was we found a much less impact Act full development to basically get exactly out of it what we wanted before um when we were doing a conventional subdivision we were maxed out at four Lots once nesap determined there was glenix Turtle we revised the designed for a three lot subdivision um but in the meantime at town meeting last year the town approved a common drive that can serve up to four Lots so what we did was instead of a subdivision we designed this or redesigned it as a three lot common driveway um so it's significantly less impactful than um the previous application um or the previous you can you can share now okay let me [Music] uh all right so this um clear that so here's our presentation plan so this was the four lot subdivision that was previously designed uh what we had moved forward with permitting with both planning and conservation um you can see the Shaded area here was the area of our impact within the 100 foot buffer zone so in total we had um right up here 63 so almost 64,000 square feet of buffer zone um in order to revise the plan to the common driveway plan which is what you see here uh we had to we had to actually take 11 feet of this neighbor's Frontage so uh John rodot actually approached us and we worked concurrently to figure out this plan you know he he really wanted us to minimize the amount of impact and minimize the amount of tree removal that was going to happen around his lot um and he his lot was actually non-conforming with um lot area and lot wood through a building but it was an existing non-conforming lot so we worked out a plan uh if I could get 11 feet of Frontage from him I was able to create three lots to get a common driver to serve three lots and what we did here in trade is we gave him a full 50 foot buffer in the back which is 17,46 something square feet so this land was now combined with his lot so now it got rid of his non-conformity with respect to lot area so zoning board of appeals approved it um and granted us a special permit um to to further reduce his lotw through the building so he was non-conform with lot through the building and lot area but now after we gave him this land as part of this deal he's now conforming with respect to area so uh the the special permit was granted so now I can come back to you here with a permittable plan um there's a significant reduction in buffer zone impact um in total uh we were at 67 68,000 Square ft of impact we're now with this plan up at um you see in this area here it's 16,000 and there's 2,000 over here so we went from about 67,000 to to 18,000 square feet of impact within the buffer zone um this plan like I said this was this has been you know blessed by National Heritage nature species back in January they gave us an email basically stating that they they're good with our design um they had a couple of conditions that we're going to have to impose on the property uh one being um the split rail fence so if I go back to these are the permit plans that we filed with the notice of intent um you can see the split rail fence in the backyard here there's also a split rail fence over here that runs the full length of our impact um so you can see here with the grading we're cutting through here to grade but we're installing the split rail fence that's one of the conditions for MEAP the other condition of nesap is the we need to put a deed restriction so up at the top of our slope a limit of our disturbance here which you see the grading through this limit we're going to have a deed restriction that's going to be uh you know imp perpetuity recorded with these lots that no further impact or encroachment will be allowed um as well as on this lot here in agreement with the neighbor this whole finger it's a 50 foot um reduced width Frontage um this area within here also has to be left uh naturally vegetated there are big mature pine trees in there so there's a deed restriction that's going to be put on that lot as well that this can't so overall can see we're we no longer have four lot subdivision we have three lots on a com on a common Drive setup and uh the buffer own impact again is is uh has been limited from 68,000 square feet down to about 18,000 square feet so um I think I did this was the email I'd sent this to Sophie today for record this was the email from niiko with um fish and wildlife so he's the endangered species analyst so he's with national harage danger species program he's a review biologist uh and what I circled here and read is what his final direction to us was so as the final loot configuration will be subject to planning approval possibly zba it will also require a Conservation Commission approval by Conservation Commission we hold off on completing the Mesa review until a you approved and recorded site plan order conditions that way any changes that are made to the site plan during the local permitting process can be reflected on the final plans of The Division reviews so so now we've come back uh we've got our the first step was the zba we needed that in order to get our planning board approval um and now that we've minimized our disturbance down to where we're at uh we're here for our order of condition so we file concurrently with planning and conservation so um we're uh hoping that the commission votes positively for this project for the order and then um you know we still have our planning board meetings forthcoming in the planning board the approvals we need now is for a special permit for common drive and storm water permit and this site here is very conducive to infiltration um it is all sand so we've designed these Lots um natural grading to pstone diaphragms and Rain Gardens um on each individual lot so these highlighted areas here shaded areas are rain Gardens on each property and there's a along the edge of the roadway there's a peone diaphragm which is like a crushed on gravel that will both infiltrate runoff and convey it to the Rain G so so uh where the sand pit uh currently exist will that remain or are you filling in there or no that so that's within this um let me see how I can draw I think that gray lines versus the dark lines are um sort of overwhelming me a little bit yeah all right so so this whole limited disturbance the dark line is what our proposed grading is then our Ros control starts here sorry my mouse just skipped um there will be a uh deed restriction on these lots that everything on this side of the red line has to remain in its natural state and perpetuity forever so um everything you can see this this whole area right here is the little Gravel Pit Where The Turtles um have been nesting so okay Turtles come up out of the Wetland they come up over the over the hill down into the pit lay their eggs I'm surprised they can get back up over that lip I barely could yeah it's pretty it's pretty steep they can walk around it too but um but this whole area has to remain undeveloped in um and they're requiring both the deed restriction um and um some demarcation so underneath this line here you can see they required a split rail fence down to about here on the property and then a split rail fence in the backyard here they don't require the split rail fence to go up slopes and on the top of slope it really doesn't make sense because that's all right now that's meiting along the slope line so um when this is done um so right here you can see they're requiring this deed restriction so it's a declaration restriction template they gave us that's going to have to be coordinated and done in conjunction with National Heritage danger species it's going to be part of their their approval um and then the split rail fence where is the condition on the split rail fence um see [Music] so I have attached sketch possible configurations line let see it's in a different folder let me let me find it I have it and um Brian one of the reasons why I'm kind of dialing into that detail is that U when I've talked to Melanie Cheesman in uh NP before she's asked us to consider adopting as conditions um the same conditions that uh nhp has implemented um of course within our jurisdictional areas okay and um and I am also mindful of you know physical barriers uh being there in perpetuity and and split rail fences I'm last but don't last forever yep so you can see here between this black line and this black line so split rail fence in the backyard and then on this property between this line here black dot down to here so okay this is the sketch directly from uh Nicolo and we have that also in our uh you've sent that the sketch to s Sophia um if I didn't I will but this these dots here are the next part part of his description um this is where we're going to have to create a a plan an open space plan that's part of the deed restriction so the deed restriction is going to reference physical monuments so we'll have to set bounds along this limit that clearly defines a a a hard line that's part of the um open space okay so they've they've they're pretty thorough they're pretty um you know inclusive and uh let us know early that we're going to have all these restrictions that are going to be finalized as part of their their final review so and whatever is not in your order they will have in theirs so but this this email I did share with Sophia today and then the turtle protection plan that's part of construction this needs to be implemented before construction starts when are you proposing to start uh work on that property uh we were hoping to a year ago so yeah as soon as we get through conservation and planning um the the main goal is to get everything in and done and start by April because you can see right here April 1 is when um the I guess the deadline for the nesting so we don't start construction and have our own fence up before before the nesting season starts um anytime we're on site they're going to have to do a sweep so we'll have to have National harage will require us to have a biologist do a sweep of the construction area oh okay so if you can get the fence up prior to April 1 then you can avoid that okay regardless of whether we have permits in hand there will be a fence up before April 1 because it's the uh quote we got from our biologist was the minimum 4 inspection and that's um at least once a week I believe is what it was ouch and that's for the duration of the uh construction I believe it's April through um April through October or something yeah it's it's a it's a long time so you know 500 bucks a week or Plus for that duration just doesn't make sense so okay and uh what are you using uh for um erosion controls uh so it's a uh straw waddle and Sil fence okay so the straw W sense detail and then uh takes back to the uh oh yeah very good so to the drawing uh the other drawing of the site that you had showed us a comparison um well I think I was mostly uh you know I'm a tree person that came out the last time uh but uh yeah I was interested in where uh your limit of work there's not going to be any tree work done outside of the limit of work or there will be there will not so everywhere you see the dark lines here those are topography that's our grading that's the approved limit that Nish is basically allowing us to grade the I wasn't aware of before this process but the natural the the habitat line ran about here so just this little just this little finger of the property was in habitat according to the maap line if an analysis is done and habitat is found on the property um the entire boundary of your property whether it's in habitat or not is now considered within habitat so okay um so national natural heritage had had a uh a say in everything else we did on the property as opposed to just within the habitat line that's mapped that's interesting we learn something new every day yep yep certainly do so so everywhere you see the dark lines is going to be where we're impacting okay everything outside of that so everything within here is all going to remain natural up Beyond here and all through here is going to Natural naturally habitat okay uh I think that actually answers all of the questions that I had had before um so I uh I don't have any further questions do we have any questions or comments from members of the commission Chris yeah I just want to say that I like the way you resolve the issue um the turtles and with the neighbor I think it was really good um a good resolution um and and I like the way you were able you decided to change the amount of housing from four to three I just think it was all in all it was a good good decision good solution really happy with what you're proposing here good thank you you know it's it's as an engineer we deal all the time with a Butters you know it's nobody wants stuff to happen in their backyard and I get it I understand it but you know know the P hard facts is they don't own the property and everybody has a right to do what they have on their property within you know within their rights and what's allowed and it's very refreshing when a neighbor approaches you and actually proposes you know yeah I'll help you out if you help me out yeah it was a great I really like the story so I was happy it's a good it's a good narrative it took us a long time and you know he was very willing to to scratch our back if we scratched his and you know we had to you know we're doing more on his property as well he wanted us to leave some trees and yeah yeah you know we we have to do something with the septic system and we're helping them out so it's it's a good good story really nice job thank you excellent uh do we have any questions or comments from members of the public and I'm seeing none um okay so uh again U being mindful mindful of of the uh nhp advice us what I saw uh within our jurisdictional area um for uh nhes conditions were split rail fence uh to be maintained in perpetuity uh along the barrier shown in the drawing and then uh no disturbance past the split rail fence demarcation on Lots one and two uh as additional orders of condition if I can I just want to clarify split rail fence is not along this entire red limit it's just there show oh yeah but that red limit isn't in the drawing that you submitted to us right correct no okay and if you remove that red uh Brian uh the where the split rail fence would would be clear I think yes yes um and that's a fair that's a fair comment so I'm glad you spoke up I didn't know I could clear it so the split rail is here in the backyard of lot two and then it starts uh here at the Basin okay so here at the Basin it runs up to the limit of limit of the property line or just short of the property line at the bottom of slope okay very good and then um also Brian before assuming you know the commission uh approves going forward uh before we would issue the order conditions I would like for you to ensure that you've sent that uh inp sketch to Sophia as well so she can add that to the file I can email that tonight okay um and so do I have a motion uh with those additional conditions a motion to approve so moved by Jeff thank you Jeff and a second second uh thank you Chris uh roll call vote uh Jenny can you vote on this one I cannot okay um BR all vote Jeff hi Mike hi Chris hi and I for myself great thank you Brian thank you okay circling back to uh electric ab and Pierce AB did we have uh representatives for that uh project uh join us and I am not seeing anyone so I would accept a motion uh to continue that uh that hearing to November 6 and again this is the first one that we read under the new public uh hearings for electric AV and Pierce a so moved Mike thank you Mike second uh thank you Chris roll call vote Jenny I Jeff hi Mike hi Chris hi and I for myself okay moving into the uh business section of our uh meeting tonight um before we go to that uh I have somebody dialed into our meeting uh that's identified as iPhone 85 could you please unmute yourself and state your name and um address they who are hi Rond delicio 181 Reservoir Road okaya than uh and and I'm only asking you that for security reasons because we had um some Mishi last week okay uh administrative determinations uh so Sophia 33 Birch Island Way um yep so this one is fairly straightforward um I visited this site um and overall it's a partial tree removal uh request and uh limbing um and that would be within the resource area of a lake um and I think a visual would help with this I'm not sure if the um applicant is online and able to share but um I have that capability as well yeah uh if you don't mind sharing I would appreciate it okay I haven't figured out how to um Orient yeah that's okay the way it was downloaded um so this is hi Hills Lake and they're proposing um this large tree to be limed on this right side um because it's basically the limbs are um parts of the limbs appear to be dead um some are healthy however they're still very much over the garage it's a very very large tree um and then this next one is also hanging over the p porch in the garage and they're proposing to limb that one as well and then moving along here on the edge um oh and I also forgot to know right here they have um the the distance um from where the tree is to um the water line so 3 feet 5 feet um and then pruning um this other tree here about 5T another um pruning for seven feet another pruning here for five and six feet so this tree is actually close to the dock that they have um it is dead and the arborist suggested um to basically cut it down um to you know a few feet above ground level and then the next tree over here is 3 feet from the water line U this tree over here is 3T from the water line as well and this one is basically overhanging a um like a screened in type of gazebo um little structure here and at first they wanted to remove it um but but they have um decided to just prune the limbs that are um hanging over the structure so um from my perspective after kind of talking with them a little bit more about their decisions I and then revising the plan I like this plan and it makes sense for what the the lot is like and um yeah I don't I don't have any issues with how this is presented okay so I hear you're recommended to approve yes okay thank you Sophia uh do we have questions or comments from members of the commission okay uh uh Chris please speak it's f you confir uh confirm you went went through some trees the ones the two before the Gazebo are they being pruned is that all they're being done is pruned that's what it says in the notes yeah those two what what's what's the disposition with those two trees they're just being pruned okay thank you thank you Chris if there no other questions or comments um I'm looking for a motion so move Mike thank you Mike back in thank you Jenny roll call vote Chris I Mike hi Jeff hi Jenny hi and I for myself okay moving along uh extension uh re West uh 398 Sunset Lane Sophia what are they U what are they actually doing there um I'm just trying to get my many pages of notes 398 sunet Lan um okay so for sorry I'll stop screen sharing so for that one they had um some plantings being done um a lot of like landscaping and yard work um they've actually gone above and beyond on what the order called for for plantings and there's there's no erosion or anything like that and I don't have concerns and they also it's also the property that has the perious um boat launch or boat ramp um so all the plantings are healthy trees are doing real really well and they actually have like a little white oak sapling um and I thought that was a nice touch that wasn't even part of the plan but they added it and be nice to see it take off and be a huge Oak like they typically do actually I think uh the applicant would like to say something is that uh Gary null with your hand raised yes yeah the Gary croll 398 Sunset Lane um we're actually asking for the extension because our neighbors to the south at 406 uh were going through a major renovation um you guys might remember it's the small little site right on the peninsula and they kind of needed our our area um over by the boat ramp and where our shed used to be um and we still need to put the shed in and knowing that we need to complete the uh built we just wouldn't be able to get it done um they were using our our area right up until about two to three weeks ago um so to get it done now before the end of the winter it' be a real push okay understood thanks for that extra context I appreciate it you're welcome okay so uh Sophia it sounds like you also recommend um approving the extension requests yes okay um and I'm not seeing any other questions or comments from members of the commission so I'm looking for a motion to approve so moved thank you Chris second Mike thank you Mike roll call vote Jenny hi Jeff hi Mike hi Chris hi and I for myself thank you Gary thank you okay moving along uh certificates of compliance uh we got a request for 564 Page Street yes so 564 pastry um was actually presented to me like uh I want to say several months ago first time and now it's coming back um as another request um they had a wetland replication um back in 2018 and based off of that um Wetland replication um and the plan and looking at what I found on the first visit was uh I want to say several weeks ago um there were some some vegetation um hardwood uh and saplings on noted on the plan that were not thriving um and noticeably deceased um since then there has been a second visit and that visit the vegetation was replaced um and a couple other things like the blueberry bushes were um the um the overcrowding of grasses um was cleared and it was mold so there have been some changes since my first visit um I am still waiting for a an updated um inspection from an environmental scientist um there was one inspection uh letter that we have on file from 2022 however we haven't received anything since then um and I am hesitant in worried about approving something like this when we haven't had any updates um from that specialist um and that's what I would like do we have a do we have a commitment from the applicant to uh get uh get the Specialists out there and get us a report there is no commitment on that end um they said um that if I felt strongly about having that handed over and completed then they would do so okay and do you have a drawing um to show us uh I would appreciate uh seeing that Madam chair this is Greg Roy I'm representing the applicant hi Greg uh thanks for jumping in there so my my understanding is we we were retained by the previous owner of the property which is iio um who's since sold the property now I think in the last month or two to a new owner uh but but they hired us to get get this thing um their understanding was a plan was required you know by an engineer uh which which they retained us to do uh which we prepared submitted um as Sophie indicated there was some um issues with the planting um which and to be clear I saw photos of plants that had taped on um yeah I have noide yeah I have no idea what the deal is with that but uh yeah I I I don't either but that's concerning photos to see yeah yeah but that that's been that's been corrected um so my understanding is you know the um the previously firm that was that was retained there's just no your office has what is available for inspection reports M so I guess that you may you may only have a inspection report from from a number of years ago that there's nothing that we can produce from I think it was North environmental that was involved before us we we just don't know of any other documentation so I guess I'm here to try to understand what we can do what you need um you know our office can can provide whatever inspection reports you need I mean at this point what's on the ground is what's on the ground if you need us to put you know something in writing uh other than what we've produced on the plan we can um but I guess just let me know okay um so one one thing I have a question about is is this a wetland replication area or is I have I that's a great question I have absolutely no idea I found no documentation of any Wetlands filling that was done or proposed or or or performed so I have no idea why why that why that is considered why that was proposed as mitigation um it just doesn't seem to follow so I'm I'm really not sure our firm of course was not involved in the initial permitting we' just been hired to to the get well plan yeah yeah so I I we looked in the file I just I just don't know um what soop FIA do you have a better understanding of what uh is considered the Wetland replication area or is it just that there were uh restoration planning that needed to happen and that's where the um corrective actions need to be unfortunately I I also don't have that history um just just going I was just going off of the plans that I had available and in the office and and do you have plans at show um Wetland replication area uh so there's no plan um the only thing I was going off of was the initial planting plan uhhuh um which is this right here and it has a bunch of photos um but like as in a drawing plan the previous one is the only what I have okay and and from what I saw of that uh from that um document you just scan through and I had read it offline as well uh doesn't seem to say Wetland replication it seems to uh just say that they're uh doing some uh revation there yeah yeah I mean that's as far as I could tell is that it's just um and I don't mean to minimize it but um you know when it's a wetland replication I have a higher level of concern particularly with uh having uh third party reviewers and reports than um replanting so wanted to make certain I wasn't missing anything Madam chair I note there's a Shane Walker here that has has their hand raised I don't know if they I do see Shane's hand uh hand up um and I was going to call on him as soon as we got uh but Greg no issues in letting me know because as you know you've been a commissioner it's it's hard to keep track of everything that's happening and the train of thought at the same time so I do appreciate you making certain I saw that um okay so it's replanting that we're really dealing with here uh Sophie do you agree yes okay thanks for drawing that to my attention yeah very good um okay uh and Shane like I I do see your uh hand up did you have um questions or comments and and for the record please state your name and your address hi uh my name is Shane walk er uh hello commission um and Madam chair thank you for taking the time tonight uh to speak with me um so I am the new owner of 564 Page Street um what we're looking at now um the previous owner is looking to try and get on the meeting right now he says he's having trouble getting on um not sure if we can look into that and see if uh he can get on here I don't know if it's you know I know we've had issues uh prior uh prior meting um his name's Tim I don't know if uh he's not actually showing up in the waiting room um so maybe he's having um uh technical difficulty or you know something uh Jenny is it possible he's looking at an older agenda which may have a different link that's what I was wondering possibly yeah I'm not entirely sure um either way um so just basically just some ins um so basically uh I purchased the house here um back in July um and so I was working with the previous owner um in order to get this um basically uh figured out and uh resolved if you will um doing it correct and properly um so according to my understanding um with this um again it's an older application uh back in 2018 um some construction was done um on the property this was particularly as far as I know for a septic system installed um which has been noted by Dillis and Roy um so basically as to my understanding um the um original asilt plan was done um uh by a prior engineering firm um as well as hiring Norse environmental um for a planting plan um that was according to an order of conditions um and basically you know I'm going through this uh first time you know learning learning the ropes um on on how all this stuff pans out and plays out um you know it's a it's a good learning curve for me um you know getting some knowledge um on this um so basically um right now you know basically as far as I'm you know I'm aware is basically it's just a a planting plan um that was required by the town or the current uh or the prior Conservation Commission uh basically just to give back to some of the area um and none of none of the wetlands was taken it was just more so working within that um uh buffer zone as far as I'm aware um and so basically they they called for this particular planting plan um which now again you know it's been past the three-year Mark so um basically the owner is working with me direct or the prior owner is working with me me directly because again he wants to get it resolved um do it right and you know get this done um and so we've been working together for the past couple months here um in order to meet that criteria um we've met with the commission um with Sophie um a few times here she's been out to the property a couple times uh to take a look at and look at the uh trees and bushes and whatnot and so um I'm going to be completely honest with you guys just Forefront yes I I ended up taping um the the the leaves to the tree it was a poor decision um it's you know I I I can't take it back and again there's photos and it's done but basically my out of that is that I I learned my mistake I ended up taking the time um I spent a good few hundred dollar on new trees I took a uh a weekend went down to lak View Nursery local Nursery as you guys know um and spent a good amount of time with my girlfriend and a knowledgeable sales rep on the process to replace said tree um as well as another one and the care of the blueberry bushes um and so basically uh what we had to do um obviously there was a red maple um that was not in good health so we went ahead and purchased a two Cal 2inch caliper red maple to plant back in its original place um and again doing that to Lake View's um recommendations um Sophie should have some photos of that um of the new plantings um and basically um uh I don't know I don't think that so that shows the the old one there um there should be a couple more photos here um a couple more photos here that shows uh what I've replaced um here yeah there we go and and then as well as you know in the oak tree um so again basically took the time with Lake View uh showed me you know the best planting procedure um how to get it in there and how to get it established um and then again with the blueberry bushes um you know Sophie had noted that they didn't look like they're in the best of health um and again um basically just for my knowledge um you know again got a couple uh opinions and the individual had noted that you know the the time of year it was definitely tough um for these blueberry bushes um and so again we basically figured out the best thing was that we had a lot of weeds up against it that were encroaching uh taking nutrients out of the soil uh so he had suggested basically to clean that up give a one foot radius around it uh put some Pine untainted uh pine mulch with it um and again the blueberry bushes you know hopefully should uh keep growing um they have a lot of new green growth to him um taking off um which I showed a few photos to the individual and he said you know give it give it uh some time here um and they definitely will come back better than they have been before um I don't know if we have another photo in here uh that shows um they did produce blueberries uh back here in I believe it was August um that we were looking at um so again they are producing um and fairly healthy um and then so as far as the other trees again followed their planting procedure the watering procedure um and again trying to get those established and maintained um so basically again I appreciate you guys taking the time here to to listen to this and and hear me out um but basically again this is a little bit of a you know an older plan but again it it nonetheless uh we're trying to do it correctly and properly um and and meet the criteria um so again you know going back to getting um a a survey done for the property or for these plants um I'm just looking you know at it as in I'm not saying that I don't want to do it but again it's an extra expense um we've spent quite a bit of money together jointly um getting engineering done getting the new plan done uh showing that we haven't added any new structures there's nothing new to encroaching on the wetlands um and then in some of the photos you can tell that outside of the planting plan um there's at least probably 20 feet of uh vegetation that's grown around back around the pond uh from those original photos so again there's a lot of natural growth going back to it um and basically again it it it's you know right there as you can see all that's grown in completely um you know we have you know Birds deer you name it and again that's the number one reason why we bought this property is we honestly really do like nature um and I think you know again we want to try and keep it maintained and do it right but again trying to follow the criteria trying to follow the the the rules and regulations that you guys have to attend to um I know that Mike and Jenny um had come out this past Saturday um they had looked at the the property as it is and as far as I know um they didn't have any concerns they they felt comfortable the way it was and how it met um I don't know if you two uh might be able to uh give some input here if if you don't mind and uh again that's that's uh what I got for you guys thank you very much for uh hearing me thank you Shane um and Shane you do understand that in lunenberg our uh our jurisdictional areas uh include the buffer zones as well so not just the Wetland and within 30 foot of the Wetland is uh called a do not touch Zone yes correct 30 foot no touch Zone 50 foot no build Zone in 100 foot is a uh I guess jurisdictional Zone uh if you will yeah discretionary yes okay yes okay and then the uh plantings that are part of the um plan that had been approved yes are expected to be taken care of and uh replaced if they're not thriving or um you know for some reason they happen to die so we expect them to stay there and grow and Thrive uh over over the years yes understand and again um just you know again just for a side note the plants that have been there um for quite a while again we have pretty much a 80% success rate there were of course the um two trees that had not made it but you know for the past five years uh granted here um you know an 80% success rate I would say it's fairly decent obviously want we want to see 100% um but again I think for where we're at right now um I think we've covered our basis I think we've you know tried to to meet the criteria and give back to to the area um you know better than what it was um you know again give Wildlife um you know basic you know homes and habitats and again try and give back to it and again we don't have intentions on you know harming that by any stretch and again that's the number one reason why we bought the properties we like the you know it's got a good backdrop for Woods um and again the wildlife comes in here uh we have deer in here pretty much every night um you know again uh Ducks during the you know spring and whatnot um that we saw when we did our first walkth through so again I I we don't have any intentions of hurting again we want to try and Aid and do do as much as we can you know to keep keep it going okay thank you um okay uh Mike uh Andor Jenny do you have any comments to add uh since you did have the ability to walk the property uh Jen do you want to go first or do you have any comment you can go first right um I thought you know that there was a good array of plants that they had planted um and thought that they were beginning to to take root and uh and Thrive Jenny had brought up a good uh suggestion regarding the blueberry bushes that looked like they may have been U tapped a little bit by deer and she had suggested perhaps putting some cages around those plantings just to kind of give them a chance to thrive themselves and um the applicants seemed to be uh amenable to that I'm not sure if they've done it yet or will do it uh but those are some of my uh observations for this um the planting that's going on um at this property thank you Mike Jenny so um yeah I think that what they had there looked like it was starting to do pretty well you know for the for the season and I think that if they do what they can to keep them doing well like putting maybe putting a cage around the blueberries it will be you know good for them because they'll have what they need for their yard but also it'll help them you know get the plantings needed for the plan that's it okay thank you Jenny and uh Sophia did um Shane's comments and Ryan's uh letter um address all of your concerns uh on the property about what have been required and what has been done um at this point I would say yes I'm just still since the last uh couple trees didn't Thrive over the past few years um just a little concerned about the ones that they just replaced a couple weeks ago but it's still within the planting um it's okay to plant during this time of year so maybe there's a shot for them to be successful I understand your concerns and um given the history and the U unfortunate uh issues with the uh taping I would be inclined not to Grant this at this time but have you go back out after folage reemerges in the spring and um is reestablished uh to verify that everything made it through the winter um that would be my own thought about this uh Jenny you had other comments I was actually I mean just going to say the same thing like we don't have to close this today it's not going to if if we leave it open and check in on it again and hope everything's doing well there's no reason that we would have to close it today right but but then you said it yeah that's my understanding do we have other uh questions or comments by the commission do you have any uh questions or comments from members of the public okay then um I think I'm looking for a uh motion uh to deny and actually Sophia from a procedural perspective can we just continue this to um the spring and uh if we deny it I think the applicant would have to refile uh and pay for another COC right I I don't know about continuing something like this since you've made a decision and a decision needs to be issued to them um do we need to issue a decision procedurally I mean Shane's here and he is heard the advice and it sounds like he's doing all the right stuff we just want to make certain that these plants actually make it through the winter and get the kind of support that they need um yeah so Madam chair Greg Roy here uh Greg yes please yeah I think um I would appreciate it if you did not deny the uh certificate of compliance request but just don't take any action at this present time and um we will you're you're not beholden um I think what you're saying as you're going on record saying you don't have enough information to um issue a certificate of compliance at this time I would just um yeah that's that's what I'm thinking is that procedurally that's the best option for us and the applicant yeah and so um we'll we'll just um you know the the the information well I don't know the the information that most of the information that you have will be still applicable to the um to to the process in the spring we will probably just supplement it with a additional letter with a supplemental inspection report um which would give you guys cue to put it back on the agenda with the previously you know with the I think just as much as sending an email to Sophia in uh end of April or something right it says hey come back out and validate we'll issue you another letter similar to what Ryan wrote last month with with updated pictures based on how it did over the over the winter and uh and that'll be your cue to put it back on an agenda do another site inspection to verify what we're saying and and hopefully we can close it yeah I I'm okay with that and that keeps um Shane from having to pay another request fee yeah I don't know if there's a fee to be quite honest with you but still it's just it's just procedurally uh if we don't have to submit the whole thing again it'd be nice yeah agreed so I'm looking for an emotion uh to just don't take action on it yeah yeah to not take action and wait until uh the applicants representative U sends us a letter in the spring uh confirming all the folage has reemerged so moved second thank you Mike and Jenny roll call vote Chris I Mike hi Jeff hi Jenny hi and I for myself thank you all we'll move on to uh 386 Sunset Lane for certificate of compliance um this one is pretty uh straightforward all the work was done as um approved on the plan submitted everything stabilized the grass is growing very lusciously um and they didn't do any other work that wasn't permitted and everything was done according to plan so approve this one do we have any questions or comments from members of the commission okay I'm looking for a motion to approve so moved second thank you Chris thank thank you Jenny uh roll call vote Chris hi Mike hi Jenny hi Jeff hi and I for myself okay uh 48 Pearl Street so this one was a little more complicated um this was some work um and the on the bank of a resource area um there were several retaining walls that they wanted to add to address the erosion issues they were having on the site um and after uh between other agents and myself there have been a couple different revisions um and as they were doing the work they decided to add a another retaining wall um to address some um possible issues from a couple of large trees that they agreed to keep um per the commission's request um they've had a little bit of erosion issues but they've been trying to keep up with that um by replacing and replenishing the jute um matting that's underneath um some mulching but they've been uh trying to keep up with landscaping and I think it should be sufficient for keeping the erosion under control um although there were two trees that were proposed to be planted on the plan however the applicant was concerned that the trees weren't going to be able to thrive in the very shaded area that only gets a couple hours of sunlight throughout the the day um in in the same kind of proximity of those trees they are a couple of dog Woods that have um taken root and um they've grown so I I think that although the retaining wall was not did not go through conservation um and did not have the prior approval for that um I did get the updated plan that shows that additional retaining wall um as an after the fact um so I would still think we could probably approve this unless the commission do you have um do you have us the plans to show us I so I can kind of uh Orient myself with um your narrative there yes so this is one of the plans um this is one retaining wall this is at the bank U this is a secondary retaining wall here and the third one here and then kind of trying to switch back to the other there were multiple this one was done by hand again so here here is the the First wall proposed wall and I don't like how there's a Yellow Box jumping around but here's the next wall right here I think those yellow boxes are um Adobe comments that have been embedded in there possibly and then these are the proposed trees that didn't go in okay so show me again what was the um the wall that went in that was not part of the approved plan this one here that one and so they were I think the idea was to help mitigate because these trees were are very large and I think it was to help mitigate the erosion um to begin with because the root systems were just so expansive mhm how how tall is that retaining wall oh uh I know it's a steep area in over there on Pearl Street well I can say it was taller than me over oh really yes and did it get a building permit as well I think over four feet you're supposed to get a building permit right um that I don't know looking for a measurement I would assume there would be some sort of who would think oh right here on the side okay so I don't know I'm not so familiar with the building code to know if it is four feet does it need the um I thought if it was four feet or higher it needed to have a um a permit it's it's stating four feet I think right here M they feet 4 Ines Max but I I really thought it was large taller than that okay I think you need to talk to Brian about that particular aspect of it as well Jeff so I mean I was just trying to go from memory here but I I thought that was a three- tiered wall and I just found a plan from September of 21 that shows that three wall from yeah they changed the stairs initially the stairs are going to come down and then kind of hang it right going north and then they said that wasn't going to work so they put that second wall in but it just it wasn't as long so looks saying second wall and I'm thinking that the current as belt shows three walls one at the water line well I guess the First wall being the lake that's not really yeah so the third tier okay I I think was on the original approval they came back for a change to it that makes me feel better thank you for finding that Jeff yeah it's in the Google Drive okay so um then the uh we think the third tier there had been uh somehow communicated to the uh Conservation Commission is what it seems like Jeff is finding um so now talk to us again Sophia about the uh two plantings that they did not put in uh but you thought something about some other plantings uh were there that compensate for that um so the the two proposed trees here in this location they did not plant um because of how shaded the area is um and then H it's kind of hard to tell on that one [Music] well I guess we could use this um so there's some Dogwood coming up in different location I believe it's right I would say right here that's basically regrowing out of a previously cut stump when it's taking off and then the rest of the Landscaping is all throughout maturity of the property and and uh Landscaping meaning what the um grading or uh that there are plantings or what uh both there's like the grading um mulching and many many plantings um some are look like a different types of junipers um uh that are kind of trailing species that kind of band mhm which I think is really important to help with the erosion um and then they were also talking about adding some larger grasses like um along this Edge right here okay so they they seem to be very understanding that you you kind of sink all this money and effort into this erosion um project to to to stop the erosion and they understand that it's definitely a long-term thing that you have to maintain and keep up with so uh okay that answers I think my questions uh I'm not inclined to ignore the fact that they have uh proposed uh plantings that they did not observe and that it's just on the request for completion that we find out they decided not to plant them um you know we do want them to choose varieties that'll Thrive but there are understory trees that thrive in the shade um so it's seems like it's most appropriate in this case for them um to ask them to come back with a you know revised planting uh proposal uh so I have an SD uh that has raised their hands please state your name and address yeah it's suzan de George and I am the homeowner at 48 Pearl Street oh welcome Suzanne hi thank you um I just wanted to talk about the plantings a bit and hope that the commission would consider um that we did plant two large holly bushes this year and also we have more than 50 other plantings that include different varieties of juniper like Sophie mentioned their growing we also have some other shade plants some hostas um in that general area and then we are going to plant the seagrass along the wall so I would ask for the commission's blessing to let us include those 50 plus plantings in place of those two trees um and give us the opportunity to approve based on you know the additional plantings that don't include those two additional trees okay I'm I'm willing to consider that uh but I would like for that to be part of the formal uh documentation um you know what are those other plantings where are they planted uh generally speaking when people submit a plan to us and say hey we're going to plant this tree in that location uh we expect them to do it um and very often people come back with a revised plan that's not unusual at all uh for them to come back and say oh hey you know these varieties don't work there or those varieties you know that was too dense we think we need to make XY or Z Amendment and and we uh consider uh those changes um and very often uh do approve those change requests but I want it to be part of the formal documentation I mean that's that's my expectation as one uh member of the commission understood would the commission um be okay you know we would we be submitting a revised planting plan and would the commission be okay with those two dog Woods that have started to grow and take off be those two trees that we would have additionally planted because they are in that General vicinity um is so uh one thing that I do consider because uh the distance from the uh Wetland uh would give you you know more or less give those plantings more or less protection depending on how far away they were from the Wetland or from the lake in this case so if they're within the 30 foot Zone where those plantings it looks like were proposed to be um yeah I think that that would be a a good thing to do and I listen you don't have to go hire a you know pay your engineer to go revise the drawings you know you can take the drawing that they gave you make a copy of it and and and pencil in right with the appropriate approximate distances um and say these these are the things that we've added uh are proposing to add and not you know uh in lie of adding those other trees so you you know we're not asking you to go spend money I just want to make certain you're clear about that it doesn't have to be an engineered drawing of where they're going okay um would the commission consider approving tonight with the consideration that we would submit to Sophie that detailed planting plan as you just described Madam chair um okay so I'm I'm one vote um and uh because I'm the chair I do get to talk more than everybody else um which is U sometimes a privilege and sometimes a burden uh but anyway I would prefer to see it and vote on what I see um versus uh a proven something sight unseen and I've not had the benefit of walking out on your on your property there um I don't know uh do other members of the commission have other thoughts about that uh we'll just give them an opportunity to speak up they choose Chris yeah just as a matter of procedure we've we we don't usually go verbals we we we for documentation we just usually have to have to see it thank you Chris and Mike did you have your hand up uh yes I did Madam chair and I want to concur with my fellow Commissioners it'd be nice to be able to see the plan first and then vote on it okay um so just so that I understand you guys are looking for us to take the plans that you've already approved and just put on the exact plantings as they are currently yeah yeah and and just you can just hand write a note on there that you know proposing not to install these trees adding these additional plantings in these locations um instead of that okay very good thank you okay um so then uh the would you be able to provide that uh Suzanne do you think by the next meeting the next meeting is November 6th yes absolutely okay um so then uh let's continue this hearing to uh November 6th I'm looking for a motion to continue motion to continue till November 6th yes thank you Chris second thank you Jenny uh roll call vote um Chris hi Mike I Jeff hi Jenny I and I for myself thank you we'll see you uh in two weeks and uh moving along uh notice of project change uh 171 Arbor Street we just did that hearing right yes we did yeah we did that was a one we just did okay and we don't have any further actions there right no okay uh 22 Fairview Road Sophie already let us know that that one uh the applicant requested that be heard on November 16th uh 161 I'm sorry 181 Reservoir Road Brian maret here again thank you Brian okay um so 181 Reservoir Road I had obtained a notice of intent uh for the homeowners back in 2020 um and it was for the installation of a garage with a gravel driveway at their property uh was within uh the uto repairing Zone and since it was installed um or even before it was installed I've been working with the applicant in the town because storm want to run off from Reservoir Road has been a problem on their property um it runs down Reservoir Road and then into their driveway and it it historically has been washing off the driveway causing flooding problems um on their property and over the years I believe the town of lunenberg has tried to make some improvements to the storm water or to the shoulders of the road they curbed it they did other things but storm water continues to run on their property um so in the past year or so we've been working with with DPW to try to come up with a drainage solution in Reservoir Road um unfortunately none of the budgeting was approved at town meeting um so in order to stop the driveway it's a gravel driveway now from eroding and washing out um Bill Bernard uh recommended that they pave the driveway in lie of the gravel driveway that we had originally gotten approved I have a plan if you want if I can share with you oh yeah hang on just a minute Brian um okay yeah you can share right so this was the original plan here's Reservoir Road uh this is the house we had permitted this twoa garage with an extension of the gra of gravel driveway their existing driveway is gravel um this proposed driveway gravel um but water is continuously running down Reservoir Road onto their property it's washing out the driveway um and it basically the water runs past the garage back to the resource area um so as I said Bill bernad recommended and the applicants or the homeowners agreed they'd like to instead of the gravel driveway that's out there now they'd like to pave it so we're just proposing changing the cover type basically from the gravel driveway that's there now to Asphalt um there's no change in any of the um coverage or impact areas it's a Riverfront area impact it's all previously degraded uh Riverfront area or previously Disturbed so there's no change in the numbers just in the cover type and again here's the letter Bill Bernard issued a letter I believe yesterday to Sophia um just giving his support for uh the project um so he stated on multiple occasions I've witnessed St water run off FL onto the gravel driveway causing erosion and puddling at the request of the homeowner I hired a consultant to design drainage improvements at the site which consisted of new storm water bmps and drainage pipes I requested Capital funds to complete the work but did not receive any funding therefore I support the applicant's request to pave the driveway and eliminate the erosion of the gravel driveway and reduce ping so um so I requested um spoken to Sophia a couple weeks ago whether we could just do this administratively however she thought that because it was U you know we still have an open order we may as well just request an amendment and um and just you know formally cover this makes a lot of sense sure I I don't have any questions about that uh it makes sense to me and and particularly since it's in the outer reparan zone and previously Disturbed area um you know I'm not that concerned about the change uh do we have questions or comments from other members of the commission and if there are no questions or comments um I'm looking for a motion to approve so moved thank you Chris second thank you Jenny uh roll call vote uh Chris hi Mike hi Jeff hi Jenny hi and I for myself great thank you very much thank you Brian all right have a good night okay moving along to enforcement and violations uh do we have any updates uh for any of those uh Parcels that were tracking here uh Sophia uh the 40 Fire Road 12 um the applicants were contacted um and like both via email and a certified uh mail uh for the enforcement order uh that was approximately three weeks ago I believe I've only received one um certified receipt uh with a signature from uh Thomas woo I don't recall seeing one from Scott Benjamin okay um and so then what uh what does the protocol dictate in this case I mean we we got to treat them the same um so we have to get the uh certified male uh tab back uh for Scott Benjamin or Benjamin Scott yes um I mean I'm not sure what the protocol is when uh they don't uh return it I think that's a conversation with um Adam CA I do have a scheduled meeting with him um anyway coming up so I can add that to the list yes please do and uh we are interested in in pursuing um day for day finds as soon as as soon as Adam advises that we can I mean ideally we really just want the project to be completed and over um and and so if the um residents there uh would just get it completed and over then we can stop talking about it I mean nobody really really is interested in pursuing fines or finding anybody we really just want the work done um but uh where we're not getting compliance I I believe we need to um escalate the approach as much as um our legal council the town's legal council advises that we do until we can get compliance I agree when are you um speaking to Adam is it uh next Monday or the week after I'm looking at my calendar right now there's a lot in here this would be on the 23rd Wednesday okay Madam chair this is Brian maret do you do you do you know what the enforcement order is for 1168 Mass AER uh you know that's just one where we got a report of non-compliance and I'm not aware that we've made any progress in um inv investigating it uh sopia um is that the status of that one yeah that's right all right that's something I can just follow up with you on Sophia at the office okay all right thank you it's a client I work with so okay fair enough um all right so uh yeah once um Sophia once you have uh spoken with Adam uh if you would um Town Council just uh uh get me uh updated on what his advice is about uh next steps here and you know next steps probably needs to be the you know next two or three steps okay okay any questions or comments from other members of the commission okay um any other updates from any of these other uh Parcels retracking um I believe something came in for 205 Sunset Lane I think we got you circulated a letter from uh Mass D yes and I I cannot recall I'm trying to pull it up but I can't locate it at this second seems like Mass d uh upheld everything that the commission had uh instructed I thought um but issued uh for the State uh WPA issued uh formalization uh because the you know the problem was we had not uh uh issued the order of conditions in a timely fashion but I may again I'm going by memory yeah I think that's that's correct um and then they they did note that uh their ruling did not overrule any uh local uh regulation or bylaw um so my uh my instruction was that we needed to go ahead and order issue an order of conditions and make certain that we did not contradict anything in the um DP ruling and I thought Sophia that probably should get some um instruction from uh the DP office that it issued the ruling just to make certain that we covered the bases and we didn't inadvertently contradict anything that they had said but we do need to issue an O so that the we have written instruction and bidening instruction um that's consistent with uh our jurisdiction under the town uh and Municipal bylaw yes that's that's all correct and I was now that I recall everything I had to go back and forth with um a couple different people including yes uh Briana from d on how to appropriately fill that out and um issue that and I think that was last time I was working on that was 109 um okay so then we might be seeing a a request for Signature coming around oh you sometime soon for that okay very good I appreciate that it's a lot of work to um kind of track down all the fine points on some of these unusual cases so I appreciate you doing that for us yes I I don't want to miss anything especially with something like this thank you for that um any other updates uh and enforcements have we have we um 10 massav uh is one that I went to with you and they had done a bunch of work not asked for an RDA or an noi or anything kept saying they were going to apply but we've never seen any evidence that they've actually submitted an application is that correct that's right and they said that they would work with me and reach back out and uh they they haven't have you had an opportunity to go back out to that property I have not could you put that on your um you know next time you're out doing uh sidewalks to go uh out there and visit because I seem to recall that they had uh taken up a lot of pavement um there were erosion controls that they put in place at either you or one of the interim um conservation administrators advice uh but then those erosion barriers were failing um and I'm a little worried uh we've got uh Pearl Pearl Creek uh that runs behind that parcel um that uh they either need to file something or we need to um you know put them in a in a enforcement um situation where they have to take corrective actions to restabilize that bank area m okay I will do that I will pay them a visit next Wednesday okay yeah just in the usual you know when you're out and about um yeah if you would okay thank you I think 390 we already talked about 390 Howard Street uh that's it for tonight okay very good thank you I just just making a note about massav okay um do we have uh any topics uh I mean nobody's notified me of any topics within the last 48 hours oh Bob I think has gotten back from uh from yeah back from Italy so I can uh follow up with him on title searches uh and on uh encroachment I don't have any further information on those um I don't have any updates on grants um nor on conservation land Improvement uh Jenny do we remember um what property iPhone 85 was here for because they're still on make sure we didn't over oh yeah they are still on good good ey Jenny thank you I just sent them a request to on me in case they forgot why they're here maybe they forgot they were still here looks like they might have yeah and that's okay too okay well we gave him a chance and um thanks for keeping an eye on that Force Jenny I appreciate it any updates on uh on the the hollish road residence or pollinator habitat Mike uh yes Madam chair as a matter of fact um I spoke with Chris Ruth today who um informed me that Nick Harrison the person who's been doing the painting uh and the repairs at 123 Hollis Road said that he found some cabinets for our kitchen there at Habitat for Humanity in lemonster oh excellent and he kind of said that uh you know their the price tag is like $5,000 for like $112,000 worth of cabinets so it looked like a pretty good deal um so I was hoping uh that we could approve that purchase uh on half of Hollis Road through the Haw fund since I think we still have close to $40,000 left in that fund uh even after the purchase of the lawn mower this past summer yes that's consistent with my understanding of the funding there as well Mike and Chris said that he would find a way of storing them until we were ready to to um do the kitchen now granted it's just the cabinets uh we'd have to include Nick's labor on that to remove the old cabinets and install new ones install countertops right assuming sink and correct you know once the cabinets are in then you can make a template on the countertops and we can get a number on that but it everything kind of hinges on the cabinets yep and um I've because it's so early I had not seen them but it appears that Nick is pretty astute that knowing what a good cabinet is versus a not so good so my assumption is you know they're plywood you know side cabinets with um you know uh modern faces on them with hardware and um so I you know after speaking with Nick many times on on painting projects I feel pretty comfortable he knows what uh what he's doing and so uh based on that I'd like to uh um make Mike is it is it actually $5,000 or is it around $5,000 because what I I would prefer is that we maybe um do a not to exceed number that includes you know like tax or anything else that might Ram that up well we would be tax exempt uh okay so um you know uh delivery is that going to be some kind of charge we have to consider as well I think uh Nick has the ability to transport you may have to make a couple of trips from lemoner which you know we're not talking a big distance um and you know I'm sure he can always rent something from Home Depot for $20 if you get it back in three hours yeah um so I'd like to say that um you know if you wanted to add a a little bit on Transportation um you know we're only talking $20 so not to exceed uh $5,100 would be my uh guess and will that cover Nick's time as well um I'm sure his time will probably be included in the install okay fair enough fair enough yeah you know honestly I'm just asking you all the questions I ask my staff when they come and say hey I need to do a PO it just automatically happens I'm not meaning to grill you I'm sorry no no please do uh that's that's uh very appropriate to ask uh so that's what I'd like to propose um not to exceed 5100 yes dollar out of the hall fund correct okay um that sounds like a decent uh proposal anybody have any questions or comments I'm looking for a motion to approve uh funding of not to exceed $5,100 for cabinets uh for the uh polish Road resident out of the hall fund so moved second okay Mike and Jenny um roll call vote Chris hi Mike hi Jeff hi Jenny hi and I for myself okay thank you Mike anything else uh no that's it uh awesome the one thing about you know the just to keep in mind remember we talked about the roof uh to try to see if we want you know we did a patch uh this spring and it looks like it's held we have not got any calls on the contrary um but we're hoping that uh we're not going to have big snow loads this winter and you know that may change um what we need to do about the roof at some point uh and Nick assures me that roof work can still be done as long as there's not you know snow on the roof um at the time of what about cost I had thought I had heard somewhere that we weren't supposed to spend more than $10,000 a year um out of out of this fund I mean and I may have misheard it I think it's 10,000 per um po exactly per 10,000 per incident okay okay okay that's that's the only thing I was thinking because I think the budget cycle for the town starts kind of in January yes and so like if we needed if we thought we were going to have to have them like have a special consideration to fund something you know probably now would be the time to start you know socializing it uh with the powers that be but you think it's 10,000 per incident yes and and we think the roof would be less than that or more than that we don't know we we you know we we don't have a number yeah might be good to get a number just so we know and then and then we also have something to verify if you know we have to ask for any special exception to regular process to be able to support redoing the roof um talking to Chris today he said he's pretty well booked for all of those budget issues you were just talking about for himself and his Department he says he wouldn't be be able to begin to do anything more at Hollis Road till the middle of November so I'm not sure if that also includes getting estimates for a roof to be U yeah it probably does but if you could just get us you know into his queue for okay no middle of November or whatnot um I think that sounds good I will call him and let him know about our vote tonight and I'll ask him that question okay excellent very good thank you thank you um there are no updates from open space uh Jenny any storm water updates uh no updates from storm water either and uh has the has the fall uh Mac conference happened or is that upcoming this weekend that is this Saturday this Saturday okay well and you're you're going yeah yep and Sophie is also going oh excellent excellent um very good okay I I'll be interested in hearing outtakes from that sorry I've got to miss it this um this year yeah bye okay uh do we have any other parting comments from members of the commission uh comments from uh members of the public and it is 9:48 and I am looking for a motion to adjourn sound loved Jenny thank you Chris call V Chris hi Mike hi Jeff hi Jenny I and I for myself thank you everyone thank you have a good night bye bye byebye