##VIDEO ID:CyUod_qT5x4## uh this is Bob Connor chair of the newbry Conservation Commission I call the September 3rd meeting to order permit me to confirm that all members are present and can hear me when I call your name please respond in the affirmative Mary yes Mick Mick Brown okay Diane O'Brien yeah and Bob Connors uh good evening this open meeting of the new Conservation Commission being conducted remotely consistent with Governor Baker's executive order of March 12 2020 due the current state of emergency in the commonweal due to the outbreak of covid-19 in order to mitigate the transmission of covid-19 we have been advised and directed by the Commonwealth to suspend public gathering and as such the governor's order suspends the requirement of open meeting law to have all meetings here's Woody to have all meetings in a public accessible physical location F all members of public bodies are allowed and encouraged to participate remotely the order which you can find posted with the agenda material for this meeting allows public bodies to meet entirely remotely so long as reasonable Public Access is accorded so the public can follow along with the Del liberations of the meeting during Public Access does not ensure public participation unless such public participation is required by law uh this meeting has public hearings and we will allow public comments on agenda items tonight while this meeting the Newby Conservation Commission is convening by uh Zoom as posted on the agenda of the Town section of the town website identifying how the public may join please note this meeting is being recorded and that attendees are participating by video conference all right uh good evening Woody we just got into the Preamble and we're gonna go to the agenda items all right okay thank you well first order of business I'd like to induce I'd like to induce that's it's been a long day I've been hanging around with Mason too long I'd like to introduce our new conservation agent Mason Bar hello everyone Mason and I were out doing site inspections today and uh he'll be commenting on 27 Coleman Road he had a chance to talk to the Rowley conservation agent so he's got some information there that you can share upcoming upcoming meeting date September 17th October 1st October 15th uh meeting Minutes review August 20th 2024 why don't we take a moment and review those and see if we have any questions concerns or corrections I just had one Bob yeah on 544th street was the shed going to be built under the pergola it says within the footprint of the pergola so the shed's not going to be under the Perle right no that that's correct the shed is going to be in the location of the existing shed the I think it's 144 square foot existing shed that's being reduced to 80 if I put that I'll make that correction is standing alone I thought so yeah the only thing on the perlar was that there'd be no papers or other change in the surface under the perum yeah it just said the shed was going to be within the footprint of the pergola and that was on 442 44 544 544 okay uh I'll entertain a motion to approve the meeting minutes for August 20th uh with the notation the correction on the perlar and shed placements so move is there a second second okay all in favor DJ not here today yeah right all right Mick you're up okay big shoes to Phill I don't know roll call vote all in favor Mary yes Woody yes Nick I Diane yes and Bob Connor votes yes okay first orderer of business is an RDA for 27 Coleman Road a replacement of existing Pao in the 20 to 50 foot buffer and the 50 to 100 foot Wetland buffer zones property is buil in Newbury and rowy and noi has been submitted to Raleigh Conservation Commission so uh Mason and I were able to have a site visit up there we had a chat with the the owner and Paul Bergman is on the line to answer any questions Mason why don't you give us your when we are out there because of the overlapping jurisdictions uh and that Rowley had issued or is requiring an noi submission um Mason was going to reach out to his counterpart I think his gentleman's name is Brent correct so so Masa why don't you give us the the result of your conversation with with Brent yeah so I I was able to reach out to Brent and um if I can pull it up I'll show you guys the site map as well um just to put this into perspective um most of the project that's happening is on the rally side um so on the rally side of this project we have the Wetland and then also the proposed walkway and Patio um everything on the Newbury side from what I'm aware of was already existing um and it's just um expansion or slight um upgrading to what was already there um I also talked with Brent and he strongly recommended the 25 um foot no Cut Zone around this Wetland um because that's part of Rally's bylaw um and I think that that would be a smart move to um protect this area from erosion another run off okay and Rowley was requiring erosion control within within their noi correct okay all right T Paul why don't you uh you you get a quick overview of of what we saw and what we discussed with the owner do you have anything you want to add or you just want to answer questions as it presented um Bob you and and Mason pretty much covered everything um an existing patio that's was concrete for what it's worth and it's being replaced with pavers so there's some permability of that um and the yeah the the backstory and and what actually happened in rowy for the information for the other members that they don't already know is that the owners uh Gary and Dale Mosin really nice people um they inadvertently dug a trench across what was found to be a a wetland on the Rowley side and then um Brent basac from Rowley get involved uh Mason's predecessor I think his name was sha is that right yes sea young was I remember meeting Shawn like oh boy maybe three months ago or something so long story short uh Brent conferred with sha and and your commission and and it was agreed that an RDA for Newberry would be appropriate and that's what we've submitted and forgive me you might hear our 2-year-old granddaughter in the background I I apologize in advance it's usually backing dog all our my my wife is a babysitter for for our granddaughter and then um as you stated earlier we did do a a full notice for rowy and that was approved last week we have to submit a slightly amended plan to Brent and the commission but that's as as I said you and Mason really described everything okay on the on the notice of intent so it's been approved with with some with a couple of minor amendments were those handled as special conditions or how are they handled um or do you have to go back in do you have another meeting to go we we don't have to go back in Bob so um I I guess then that they were deemed is relatively minor to the commission um so I think I think issuing of the order is dependent upon us submitting the plan the amended plan to get approved and to be honest we've already sent the amended plan back over to Brent for his hopefully final review okay why don't I stop you there Paul let me open this up to questions from the members uh Mick any any questions on this project for Paul Paul if you just would mind like a summary on the Newbury side of the line here uh correct me if I'm my understanding is the only work that you're doing within the the looks would be within the 50 Foot and just outside is that upper patio that's a concrete patio you're going to demo that and replace it with pavers cor correct M as a matter of fact it's already demoed and um this Crush Stone in its place that Bob and Mason probably I don't want to speak for them but uh they probably saw that today yeah so Mick you see the the outline of a repainting wall uh yes the it's really more of a two foot high call it a landscape feature it it's not really what I would call a retaining wall so why don't why don't you just circle that mason so that yeah I can see that and as Paul mentioned there was no concrete present and uh the wall is existing and my understanding is they're infilling between the wall in the house with the pav correct and according to the owner uh part of this work too is being done to provide some more accessibility for an elderly par parent and a handicapped child that that that that's correct yeah yeah no I just I just wanted to get make sure I had a clear picture on the work being done so that that the landscape wall the typical that it says that's existing yeah yeah I I would agree with Bob in that it's it it is a landscape wall Mick as opposed to a retaining wall like holding back soil it's just to separate the patio area from oh okay s of it in the W yeah I think it's like on the order of like I don't know two feet high Bob something like that yeah it is the the grade is pretty equal on each side okay as you go away from the wall back to the Wetland there probably a one or two per slope I would say yep within the buffer um for what it's worth U Michael Camp uh and I know Mary and Mike know each other Michael flagged the wetlands for the project Mick the videos the video I sent you hopefully you could make I you could pick up a Wetland flags that were there and it's probably 25 or 30 feet was kind of my ballpark of okay away from no I just I want to make sure I understood the prodct correctly I appreciate that Paul thank you I don't have anything else right now Bob okay thank you Mick thanks uh Mary any any questions for Paul on this submittal um just to confirm was there any discussion that that Wetland could potentially be a Vernal pool did that come up at all in Brent's review okay that that never came up Mary okay um it doesn't look like it from the aerial and I would just concur with uh what Mason had said that a um R control barrier along the 25 foot no disturb zone line would be um it should be a special condition and that it probably just extend maybe 20 feet along that angle you know where it turns away from the work area doesn't have to all the way to the Newbury line it can just go 20 feet or so past that angle point right um did I have a question for the for the commission did Brent I mean I realized the the noi is in the town of Rowley but did Brent send you a copy of the noi plans that we submitted to that commission I haven't seen I haven't seen anything regarding the Raley sub midle Mason did anything come in that you're aware of okay I'm aware of I mean I know there's legalities and Newbery takes care of Newbery Raleigh takes care of Raleigh but but the the Rowley work as I said a few minutes ago and it was really it was inadvertent it definitely wasn't intentional as as you mentioned the mosins were just trying to build a patio for their they have a daughter that gets around the clock nursing care and uh the wife's mother is elderly she lives at the house and they were literally trying to build a a patio area on the southern end of the house and they their contractor dug a drainage trench going down towards Coleman Road yep kind of with a yep and and unbeknownst to everybody it was into uh B VW and so that's why you know the notice of intent came about and so forth so uh and again I I understand it's Raleigh but I'm just giving you some backstory we've proposed uh fixing that trench that was dug on that side and Mike C Camp has uh submitted uh a regrowth list of uh various plants I think a couple of black Birch if memory shows me right so again that's that's all on the Rowley side but I'm just giving you you know some of that information the the and and as been said in Newberry it's it's literally the the pap ptio yeah I think the the interesting part is the existing let's call it landscape wall completely encap separates the with the work area from the uh the 25t buffler right right but I I have some ideas Mary that I would recommend we get that fire on adding as just conditions to this Y what we be a preconstruction meeting with the agent prior to sta work to you know verify the location adding a no disturb no cut within the 25 foot buffer and if there's a little bit bit of revation along the wall uh I I wouldn't have a problem with that as long as it pretty much green grass in that area it's not how's equipment accessing uh no equipment because uh it well there's a walkway from the driveway to the patio but it's in Rowley and I don't see a need for them to have to be on the we're not going to allow any access to the to the buffer the footprint okay I mean at least that's my thought anyway okay Mary anything else I can Circle back if you'd like to nope okay Woody any any questions on this on this matter no I don't have any questions right now Bob thank you okay Woody thank you Diane O'Brien how about yourself any questions on this now I remember this from a while back and the video is great so kind it shows exactly what's going on thank you okay and I don't have any questions are there any raised hands from the public at this point okay do any members have a request for a site visit or additional information no do not thanks okay I'll entertain a motion to issue a negative finding uh and actually actually Mary I'm thinking this is a negative-3 where it's within the buffer and for 27 Coleman Road and with the following special conditions one a pre-construction meeting with the agent prior to construction two the installation uh of erosion control satisfactory to the agent uh and limited revation along the wall if it's within the 25 foot uh buffer can I make a modification that it' be specified native vegetation okay it's green grass there now pretty much that runs up to it Mary oh okay just be lawn all right yeah it would just be the lawn got it that sounds good okay uh so is there a motion oh mo all right do we have a second mck your had second second hit my mute button Bob okay uh roll call uh vote all in favor Mary yes Woody yes uh Nick hi Diane yes and Bob Connor's Vach yes so Paul will try to get this out to you this week we have a new agent he's all fired up plenty plenty of energy we haven't we haven't burned them out yet so so I think if you check in by Thursday we we should have uh we should have something for you thank you Mason looking forward to meeting you may maybe out at the site someday if uh you know for the preconstruction sounds great okay thank you okay next matter is an RDA thank you thank you everyone okay thank you Gar so next matter before the commission is 12 Grove Street that's an RDA minor expansion of a driveway reconstruction of a portion of an existing driveway and construction of a portion of walkway and Associated gr grading Mason and I had a chance to take a a site visit out to this Daniel I'm assuming you're presenting on this one is that uh yes just quickly for the record my name is Dan Powers I'm an engineer with the Moren camon group in daners um here tonight representing Michelle and Peter Aon regarding this matter okay so when we were out there team uh the the video and pictures I had sent you the existing driveway is binous concrete U I would classify it in in poor condition uh the the plan Daniel why don't you put up the plan if you would if you would share that with the committee the commission uh the plan showed the the minor expansion towards the house yeah should be okay and the expansion of the walkway is highlighted in green the walkway is currently crushed stone So Daniel my question are they going to maintain the stone walkway or are they going to or are they proposing so right now we're proposing to remove obviously remove the portion of the walkway here that's going to be under where the proposed driveway will be um and there will just be a little connection here to the existing walkway which is outside of the buffer um we are proposing to connect the proposed driveway to a proposed covered entry with this walkway here which is the um expansion you were just talking about okay that impervious um there Daniel could you just point out the buffer lines on this and where you plan to put in your pro so the control runs along here um you can see this gray hatch is what we're showing is the proposed reconstruction so the area that is already driveway that we're going to resurface and regrade in some spots to be able to get into the garage um and then this green hatch right here is uh the new proposed driveway within the 100 foot buffer zone there's a little bit down here as well and then this orange is kind of driveway area that's just going to end up coming out um just a small little area um and then the green hatch here is is that walkway within the 100 foot buffer zone um so it's it's a combination of the connection as well as the uh bordering vegetated Wetland itself uh which makes up this buffer zone the the yard team was a fully developed Green Lawn as I recall uh there's a pond way over to the there it is way over to the right there and why don't I stop there and Daniel answer questions as the presented if you would please Mary any questions for Daniel on this project um it looks pretty straightforward my only question is really um that uh the Wetland boundary has been taken from massg it doesn't seem like it's been surveyed on the ground um so we don't really know if that's accurate or not or whether or not more of that house or the any of the proposed addition is within the buffer zone so um if I could answer that very quickly yeah that that would be great connections in the bordering vegetative Wetland over here were taken to massgis okay this Wetland itself one of our other Engineers will scoa was out on the site with our surveyors and he determined this boundary based off of a pretty clear Breakin slope uh coming off the lawn down to the pond as well as there was some historical Wetland markings some flagging okay so this was uh you know a pretty defined break in the slope is is essentially where that approximate limit came from so that was not taken from massgis okay uh is is will scoa a Wellen scientist uhci surveyor okay yeah um is as long as um Mason can take a look at this and confirm that um he's comfortable that that's a reasonable Wetland boundary I'm I'm good with it I just and the only other comment is there cases like this where we have to consider whether or not our storm water bylaw kicks in and you're exempt under the the state standards because it's a single family home but there's a square footage I think in our in the storm water BYO that we're supposed to be implementing so I wonder if you could just tell us what the total land disturbance is for this if you know approximately I don't have the the total number um on hand right now um we're kind of in the middle of Designing a septic system for it so that's kind of changing day by day but okay have to get back to you on that yeah and I don't have the details on the storm water bot either that's something that we're supposed to be updating so I don't know where it stands right now Bob yeah so Mary I I can give you a quick update on that that came before the commission back in June and we approved a new regulation and the proposed regulation uh to me I think it was ms4 standards in state standards was if it was one acre of disturbed land or more and there wasn't a limitation on whether that was residential okay or or commercial so they went with it okay right sure it was a half an acre or an acre yeah it was a one acre of dist if be disturb not so much adding impervious but just disturbance any disturbance y any disturbance would trigger it but only to the extent of the Waters of the United States well yeah okay so we go down that road tonight yeah yeah which greatly limited the the jurisdiction which we're probably going to have to revisit for subdivision control and the commercial property but har anything else no that's all thanks I think this is pretty standard RDA otherwise okay thank you Mary mck any questions on this RDA no uh pretty straightforward looks like as M said okay okay thank you m Woody any questions uh for Daniel on this one uh just a clarification question um this is uh Grove Street off of centr Street uh Main Street excuse me in bfield correct uh yes and it's the last house on Grove Street well there's two houses on a shared driveway which we discovered it looked like it was 12 and 14 there's there's another house yeah right over there so what's before us Woody is 12 the house to the left is numbered 14 the the placement of the mailboxes uh had a scratching a head there for a bit when we're out there today but Mason was able to ascertain where we were going okay thank you and I I don't have any other questions thank you Bob I just wanted to make sure I'm familiar with that area thank you okay thank you thank you Woody Dian o Brian any any questions for Daniel on this project no okay and I don't have any questions one more thing yeah go go ahead I'm just looking up and it actually is an estimated having at um but it looks like the work itself is proposed under this is exempt um but you should confirm that that is the case with septic system in the addition just make sure the work that's subject to this Con this RDA is exempt it will fall under a minor exemption I think the other part of it will as well but just be aware that it's in estimated habitat yeah I mean what's before us tonight is is what I read Mary which is the minor expansion of the driveway and the walkway uh there was no reference or request uh to look at the septic um yeah that we don't have to do that I'm just saying any other further work you do on this property regardless of whether it's under our jurisdiction it's under Mass natural heritage and that boundary goes almost all the way out to the to the culde saac so okay yep than okay Daniel so just show us where is your erion control line again I just want just so I'm familiar with it so kind of the 100 foot follows the 100 foot buffer zone right here and then kind of runs down along the limit gotta okay so it's that hatch line okay we're just proposing a Sil sock for that okay all I do not have any questions so team I think that if we entertain an RDA we would add the usual pre construction with the with the agent to ensure the placement of the filtration uh hay bales of water whatever they choose to put in uh prior to construction and uh revation of any Disturbed areas along the driveway Ed so that brings up a question what are they planning on using Daniel for equipment to do this work is it a bobcat what are they proposing to use for equipment um I would imagine combination of a a skid loader um you know obviously you're going to have an excavator to dig out the the addition um but it would likely just be smaller equipment where you need it for the the grading and and driveway okay I mean just to be clear though Daniel the only thing we we're giving you we're considering tonight is the driveway and walkway there was no other request so I think Mary's point on on uh the habitat with Mesa well may you may have to look into that when you go further with bord health and with the building department definitely okay Mick any any other questions let we go around one more time on Nick anything else b a good point Bob with the with the equipment and Excavating and if it was asked previously I apologize but is there already where are you going to be storing spoils I'm Hing outside the the 100 foot buffer or do you have room to do that if there's any debris spoils you know or is it g be off immediately um you know if it wasn't hauled off immediately we have some room up in this area you have some there's there's plenty of space outside of the H buffer zone if we had a stockpile propose some kind of erosion control Downstream of migrating into the buffer so no no construction spoils within the 100 foot buffer I think we can add that too make it's a very good point yep that's all I have that's good thank you okay Mary anything else not from okay Diane any any other questions on this no okay are there any raised hands from the public at this time they don't see any if if someone would like to comment on this just give us your name and your address okay hearing no further questions uh I'll entertain a motion to issue a negative finding uh for 12 Grove Street moved second Mick okay yes all right uh so Tim I would think that the conditions will be uh a preconstruction meeting with the conservation agent uh no spoils within the 100 foot buffer uh anything else we want to add to this as a condition that pretty much did you did you mention replanting of any distri yeah yeah yeah replanting of any any Disturbed vegetation uh you know matching existing orow all right roll call all in favor Mary had to leave at 6:30 so I think we we've uh Mary will not be voting on this uh Woody yes Mick Mick yes yes okay thank you Mick Diane yes and Bob Connors will vote Yes okay so Daniel we'll try to get this RDA done and should be available for pickup or email by Thursday sounds good and thank you all for your time tonight okay thank you okay next matter is uh enforcement order for uh to oldo Road D file number 0501 1344 uh at our last meeting the resp respondent was to submit an noi by September 3rd uh we did receive I'll read this U Chrissy had sent this over to me Millennium dropped off an noi states to remove existing landscape feature to permit one previously installed merchandise container and to complete the installation of previous approved plantings this is all to close out uh the expired order 050 1344 then they will file a new notice of intent for Pavilion work that was approved by the zoning board several months ago and at some point in the near future so they have met the the conditions that we had s uh so that's just been submitted today so uh we'll see if we get a file number on that and we get that advertised prior to our September 17th meeting so no further action tonight is required on that uh the other open enforcement order is 105 Northern Boulevard unpromoted yard work as we know the applicant has provided a revation plan uh in its coordination purchase and installation that is uh you know applicable to the installation of of the Doom grass likely in the SE late October early November and doesn't require any further action on our part okay next order business uh is an extension request for existing D file number 0501 1366 this order expires on November 8 2024 uh beyond the 30-day requirement uh and they're seeking it for an additional three-year term I went by the property today nothing has gone on over there it U they're obviously going to remove a dwelling but there's been no disturbance uh yeah it's fully intact fully vegetated so questions does anyone have any questions I'm good on this one Bob okay Woody any questions on this one no I'm good thank you okay uh Diane any questions on this one no this is by right right yeah yeah it is it's it's it's a sh it's not a May so and I have no question okay I'll entertain oce to extend the order of conditions for file number 050 1366 to 3 years so moved okay do we have second second thank you Mick okay roll call vote all in favor Woody yes uh Mick yes Diane yes and Bob Connor votes yes okay thank you Daniel no we don't have Daniel let all right next matter is a certificate of compliance for D file number 0501 1331 uh it was issued on August 16 2022 and it's a partial COC it has been issued and as I recall uh they were granted that for the building occupancy and they the the commission at the time wanted to let one one growing season grow by to make sure that uh they stabilize site I had sent out a video of the property it it's primarily fully vegetated it's like a lot of properties in Plum Island where you get kind of a heavy sand gravel type of uh substrate and you all get to see the video so one stop there and see if anyone has any questions Mick anyone any questions on this one no okay thank you mck wood Woody any any questions on this matter no Bob I don't have any questions thank you okay Diane any any questions on this one no I mean just looked like miscellaneous ground cover things I don't know what it was they were supposed to plant but looked okay well I it looked like really in the back of the yard uh that it was more revegetated where a lot of the looked like it just wasn't Disturbed it looked like what you typically see in a a Plum Island lot that isn't near the coastal Doom uh and Mason I I didn't bother dragging Mason out to Plum Island today I just wanted to work them slowly into off Island stuff so I do not have any questions are there any raised hands uh from the public at this time okay I will entertain a motion to issue a certificate of compliance for 2020th street so moved okay do we have a second second okay roll call vote all in favor Woody yes Mick yes Diane yes and Bob Connor's votes yes okay uh next matter is a certificate of compliance for D file number 0501 1370 the original order was issued on 127 2021 for 7 Hutchinson's Road uh it's a new dwelling it has been uh has been built and as but we provided uh I did a site inspection out there today uh the the as build made some minor minor notific minor notices U the driveway at the beginning looks like it was cleared but again it's more of a a crush Stone gravel driveway um I sent you all the pictures that I saw uh apparently they were putting the air conditioning condensers on the at the back of the house they elected to put it on the roof and in its place in the footprint they added a second set of stairs up there and and that was all also in the pictures uh and as I recall the the only other variance was there were two propane tanks proposed on the easterly side of the house and they installed three those are on level it's a level yard and they're on pre pre concrete uh pads and so one don't I stop there any questions from the members Woody any questions on this one no I don't have any questions Bob thank you okay Mick any any questions on this one no no questions and again those videos are really helpful well you know what pictures are one thing but the videos I think just give you the ability to kind ofate everything now keep those coming those are great thank you Mick well we're gonna get grasshopper on the video we're gonna get them he gonna be like a CB reporter out there on it I'm on it awesome thanks Mick Diane any any questions on on this matter the new stairs they're the ones they look like they're metal or something they're raised off the ground they were off the back uh so if you're facing off uh you know what I'd have to look at the pitches to be honest yeah it looks like it's level with the house and just goes down like four steps that it looks fine it didn't look like it required any bridging or anything I have my yeah there I think they had a the first step might have been a concrete step um let me just look at this again yes that's exactly right Diane they're uh they just go down to grade basically yeah okay two Sona tube puddings it looks like which no question okay all right uh I will entertain a motion to issue a certificate of compliance for seven hinson's Road um so moved all right do we have a second on that motion second okay thank you Mick roll call vote all in favor Woody yes Mick yes Diane yes and Bob Connor's votes yes okay the next matter is a notice of intent U this is len excuse me there was an an old order of conditions that has expired I I don't have the date when that expired but the old order was 0501 336 uh this is down at The Rotary team next to it's the only site that's on the construction it's to the right if you're at The Rotary uh I guess you would call it South of where the Domino's Pizza and the Subway shop is right on the rotary a lot of work is going in there over the the last several months looks like soil conditions required Geo pairs uh and there's been some concrete work done uh the project is on hold currently and the we do not have a file number uh and this work within the 100 foot buffer um so Millennium I see Millennium is here so why don't we do this why don't we open this up uh well you know actually where we don't have a file number we usually consider this an incomplete file at this point because we don't have any technical comments and team in the past what we typically do when we have an expired order uh in the work hasn't been complete uh We've required the filing of a notice of intent which has been done but we have also issued a uh enforcement order simply stating that no work uh is to continue on site uh until the expired order is replaced with a new order of conditions so my recommendation tonight is that U we consider issuing an enforcement order simply stating that we've received the notice of intent um but no no further work on site is to take place uh until an order of conditions has been approved and expired through the appeal period does that sound like a plan is there a motion to issue an enforcement order um regarding at no work to take place pending the approval of a replacement order of conditions so moved okay do we have a second second okay roll call all in favor Woody yes Nick yes Diane yes okay Bob Connor uh TJ from Millennium you get your hands up I think we've added Clarity to what we typically do and Diane I see you have your hand up I just had a question just it could be a process question but if the old order of conditions is out there and it's expired are they submitting basically the same project that was already approved or is this different than the prior one uh that is a good question uh they're going to have to one as we have with sunset address the open order of conditions the expired order of conditions will have to be closed out uh that would have to be incorporated into the new filing okay and so it so they're ultimately going to have two outstanding order of conditions one's expired but on their chain of title that they're going to want uh to close out um and honestly the only way they can close that out is by meeting all the requirements of the expired order of conditions and if there are other items that they're expanding onto that order so okay thank you okay all right next order of business uh General discussion 34 Central Street uh so under Mass General Law chapter 61a uh basically that's the the chapter that covers um Farmland where that land has been put into farmland for and it's certainly for tax for real estate tax but when they intend to sell it uh they have to notify the town they have to uh present the offer purchase and sale to the select board in the town at that time has the option of purchasing the property there's probably some recapture too of of taxes of effect taxes not quite sure how that works um the the big thing there is in checking with the Town Administrator uh the town doesn't have any critical needs or Capital needs that would create an interest for this property um so it comes before us it we don't really have to do anything other than you know make review the documents from the seller and but it's a solely a select board decision so I got that I spoke to Tracy Blaze at Town Administrator and uh her opinion was that uh there was no interest in purchasing with property so why don't I open it up to questions Woody any questions on this one woody being in the egg egg business you would know more about 61a is it uh you file for that is it is it an exemption you file for that reduces the taxes or what it's it's a teaching moment Woody far yes it's um if it's being currently used as farmland and usually it's over a possible that's a five aces of continuous land that that consider to make 61a tax exempt and also I will note because this came before the planning board um that property there 34 Central was um also um on one of our properties that got approved to town meeting for MBTA zoning okay for that and the planning board recommended that to the select board that um this property because we took the time and had it zoned and was approved to town meeting was to be um our suggestion to the select board was at will basically they it's up to them as far as whether they want to uh purchase it or or pass it off and being that we set it aside for MBTA that's that's what our recommendation was was that it stays as MBT a zoned area okay I think it was posel B for the bfield area okay thank you wiy Mick any any questions or comments on this one uh no Bob no comments right now okay Diane any any questions on this one nope the town does not want to spend a million dollars I guess yeah yeah you know what it I didn't realize that it was uh within that MBTA District so I don't know what that means exactly but well that was the that was the density zoning where it it was appr prove that you had it it was by the state that we had to create these districts uh and that the minimum density was 15 units per acre and but it had to be strategically located within so many I don't know if it was a half mile of the rail or the rail station there was some parameters set um again woody woody would be Woody's our resident zoning expert here so so that just means whoever builds has to build a certain amount of density well we provide the opportunity they still have to go they will probably be coming back before planning and conservation uh and Woody did you guys create a zoning bylaw on setback and stuff like that or is that something that's in process or yes it's it was all part of the process um okay that was all part of the approval at town meeting um yeah all power of the approval at town meeting with uh posle A and posle B in Oldtown which is uh a is along the Route One quor by the uh Hanover Street intersection and then pel B was next to the elementary school there's a there's a big pel there with the house on it currently they don't have to who the owners of the property don't have to do the 15 units per acre density and go with the MBTA zoning but it is an option now it's like an overlay on their property and then the A and B in Byfield was kentway where currently where town hall is was a and then B was this pel that we're talking about 34 Central Street okay thank you Woody okay so this doesn't require any action this is more an FYI uh and it's ultimately the select boards decision determination what to do if anything so right I wanted to add one other item we re we received a zoning update from uh Town Council uh regarding the additional dwelling units uh statute that the state passed so basically in a nutshell any single family Zone again this is my I think I put it in the Dropbox what she had written and it had the corresponding uh statute that was approved so by right anyone that owns a single family home anyone that owns a single residential one zoning lot has by right the ability to build one additional dwelling unit whether it's attached or detached and I think it was limited to 900 square ft and and so I raised the question from Town Council on how does that impact our Plum Island ovalet district and Barrier Island RS on that just because can I can just imagine it it creates a an interesting opportunity for some of our more ambitious Property Owners or developers that hopefully what it does is it gives people a chance to convert some of their in-law apartments that were required to have a a a member you know a relative living within it those could certainly be converted immediately there's a six Monon stay on this as I recall too that it was passed but it's not going to go into effect to either January one or it was six months from the day it was approved by the legislature and I was to give local towns to review zoning and um you know a d zoning how is it going to be on setbacks I think the requirement was on an Adu they only had to include one additional parking unit uh but it's by writing up by special permit and team that's about it any any questions uh Mick are you are you up to you you you were well versed yet on these adus it's pretty fresh you guys haven't you haven't I wouldn't call myself well versed on it yet but I'm getting getting there so did I did I do a decent job of uh highlighting okay yeah y that was good and uh again Lisa me's letter memo is in the Dropbox so if you have a want to review it you you certainly can and that's all I have so Sean welcome how how did your first day go I want you to know the meeting get open um on time and uh I look forward to working with Mason looking forward to it welcome Mason thank you very much yeah very happy to have you here yes look meeting you yep Janice I see Janice Faris Janice you're on mute if you have some comment you'd like to make you're still on you're still on mute now I'm unmuted okay first of all I also would like to welcome our new agent uh it's good to have you here um I'll be seeing you every week lucky you I I come into town hall every week for the historical commission now to check on things um and I've got a question um that you don't have to answer tonight but I'm sure it's going to come up the building the old boat house that's like next to Bob's Lobster yes I remember when I was trying to build my house from my Cottage on the island um I remember the gentleman who owns it was trying to do all kind you know buildup and there were a lot of conservation things and it ended up by believe going to the state and now I hear through the grape vine that something's going to be then it's going to be taken down a house a house is going to be built did we finish all that stuff or is that just a hopeful thing going through so I remember this that uh he originally went to I think conservation and then it had to go to to he brought he brought something before a town meeting and and the first time he brought it he withdrew it and then he was filing directly with d on that because it's it's in the it's in the great marsh salt marsh which typically doesn't uh allow any type of development Beyond existing and as I recall he wanted to move the existing structure demolish that but then move it back a hundred or more feet onto the property with a elevated U access I guess you'd call it so that's all I recall Janis and that that's just kind of my my best recollection I'm not aware of any intent uh at this point to to do anything else and I think Jack Van loan was the is the owner of the property okay I I I know that um the property has drawn a lot of uh concern about its current appear appearance uh where it's pretty dilapitated open to the weather and yeah you see it as much as I do I'm sure yeah no I think the word public nuisance uh has has been mentioned by more than a handful of people that have have asked me off the Record about it but not aware of anything Janice that's pending and certainly when the time comes it would it would come in and uh again unless they've as I recall because they fragm mies on the property uh and fragm mites are determined were determined back then that do not in the salt marsh it had to be a a freshwater prism to support it I I think Mr van loan's argument was it it couldn't be classified as salt M ultimately I recall D actually changed their RS and just eliminated fragm as a fresh water whatever and that's kind of where it where it was and Mary Rimer is just coming back in Mary you missed all the fun all done did I miss it yeah no you know what we have Janet Janice foris was asking a question about the the old Boat House Down by Bob Lobster it was the Jack Van loan property that's I know it well yeah and we we were just kind of I was re remembering what went on at town meeting we Mr van loone had come into town meeting to do something and then he withdrew it uh and then he was dealing with the state on whether his property being classified as salt M where it had a FRG Mighty stand on it um was so Janice heard rumors that there may be something going in there but as I mentioned to her we we don't have anything on our way that scen at this point yeah time will tell thank you I think that there was a chapter 91 issue yes yeah as well yeah okay well Mary you get to make a motion to adjourn the meeting all right then everyone okay make a motion to adjourn good night enjoy your dinners okay do we have a second second okay roll call all in favor Mary Woody Diana boss yes yes yes 701 team wooo good good meeting all right thank you thank you everybody