good evening my name is sha young opening the June 18th 2024 open meeting I am the conservation agent for the town of Newberry Conservation Commission please let me confirm that all members are present and can hear me Conservation Commission members when I call your name please respond the affirmative Bob Connors yes Brad dein affirmative Diane O'Brian yes Mary Rimer is not here Mick Brown NOP DJ yes Pony yes okay Woody Knight yep Woody you're on are you here yeah he's here he's on mute though okay good evening this June 18th 2024 open meeting of the Newberry Conservation Commission is being conducted remotely consistent with the ACT relative to extending certain covid-19 measures adopted during the state of emergency which extends the governor's March 12th 2020 order suspending certain provisions of the open meeting law D chapter 30A section 20 until March 31st 2025 this order suspends the require requirements of the open meeting law who have all meetings in a publicly accessible physical location and allows public bodies to meet entirely remotely so long as reasonable Public Access is afforded so that the public can follow along with deliberations of the meeting please note that the meeting is being recorded and that all attendees are participating by video and or telephone conference and the recording will be available on the Newbury access YouTube channel meeting materials were provided to the commission members prior to the meeting for review before we turn to the first item on the agenda permit me to cover some ground rules for the effective and clear conduct of our business and to ensure accurate meeting minutes the chair will introduce each speaker on the agenda proponents will be given 10 minutes to present after they conclude their remarks we will go down the list of commission members inviting each by name to provide any comment questions or motions please hold until your name is called further for all attendees except commission members and staff please remember to mute your computer when you are not speaking please remember to speak clearly in a way that helps generate accurate meeting minutes please be aware that the video participants can see you and that you should take care of not to share your screen unless you have been allowed to do so anything that you broadcast may be captured by the recording for any response please wait until the floor is yielded to you and state your name before speaking if the commission members wish to engage in discussion with other members please do so through the chair taking care to identify yourself when you wish to speak there will be an opportunity for public comment and questions during the public hearing after the commission members have spoken we will afford the public an opportunity to comment or ask question as follows the commission will seek questions and comments at the appropriate time through the hand raised function we will then allow questions and comments from members of the public who have raised their hands in order in which they appear listed on the screen based on when the functions was selected each participant will be called upon to provide their name and address or affiliation and will be afforded three minutes to make the comments the proponents or commission members will have the opportunity to reply as needed your hands will be lowered when you have given the floor for your question we will then continue down the list to those in raised hand and afford time for the response as needed all participants are reminded that only matters which fall into the jurisdiction of the Conservation Commission may be discussed the chat feature has been disabled for this meeting everyone is expected to conduct themselves in the same manner that they would in in person meeting disruptions that impede operations of this commission will be addressed once in the chair and should be acknowledged by the disruptor further disruptions may be completely removal of this meeting with no re re-entry each vote taken in this meeting will be conducted by roll call okay thank you Sean uh good evening everybody upcoming meeting dates it's hard to imagine it's already July I I guess that's why it's summertime our next meeting is July 2nd followed by July 16th August 6 and August 20th uh we will review uh meetings after July 2nd based on what we have for item agenda items and we may wind up cancelling typically we try to meet only once in July and August but it'll be based on the applicant workload uh meeting minutes for review we have the November 7th 2023 and June 4th 2024 minutes for review so why don't we take a moment we'll do the November 7th 2023 as you recall we're we're cleaning up a glitch between uh the past agent and uh the new sha young so these have been previously approved but the the content may have changed because the original document cannot be located looks like I was not here for that meeting so I am I'm very surpris I know I think I've missed two and that was one of them obviously okay all right any questions any questions concerns Corrections Mr chair I put forward a motion to approve both meeting minutes as as documented okay is there a second second okay all those in favor TJ hi Woody hi Brad hi uh Diane well you know Diane you weren't on one but you were on the other as I recall I for the okay for the um June 4th one okay and I I vote Yes so Sean re record 4 Z for the November 7th and 5 Z for the J June 4th okay first order of business certificate of compliance one plumbush Downs for plant monitoring team if you recall we issued a a partial certificate of compliance uh the applicant had uh planted vegetation and it hadn't been uh one growing season or two growing seasons and if you recall I mentioned that uh this is an area that is subject to Rack Flowage from from the msh uh and currently the entire area is covered probably with about six Ines of rack which um was to be expected so based on that I don't have any questions uh it's now in its natural state all right any any questions from the members on this one woody no no Brad TJ noan okay uh is there I'll entertain a motion to issue a certificate of compliance for one plumbush down still moved second okay roll call all in favor TJ hi Woody hi Brad hi Diane yes Bob Connors okay next certific compliance D file number 0501 1243 131 Scotland Road uh Newbury Golf Center uh team as you recall we've done a site visit uh on this property we uh we closed out the enforcement order at our last meeting and Joe saraka the uh peir review engineer for the town has responded uh and we have no other issues open at this time so questions from the members any any questions on this one t no all set everyone all set yeah okay is there a motion to issue a certificate of compliance of 131 Scotland Road move you have a second second second he roll call vote all in favor TJ hi Woody hi Brad hi Diane yes and Bob con is good luck Eric been a long road for you okay uh so the next matter is a a request for certificate compliance these are all expired D file numbers it starts with 050 D1 1318 and it goes to 0501 1326 uh the order the original order conditions has expired uh Sean why don't you give us an update where we're at on this and what recommendations you have yes so their order of conditions have has expired they clear log cleared the site of trees and due to um not getting back to the site um or extending their asking for an extension they let their order of conditions expire the Sol one solution that we can move forward with this is the same way how we've moved forward with Sunset and the applicant is does want to continue work on this site is to issue an enforcement order to have them resubmit a new notice of intent the delineation on this site has also expired and I would recommend that a new delineation would be done before we release this enforcement order wait and have them use that delineation on the new notice of intent that for these sites okay so just to recap we have an expired we have expired order of conditions for a number of lots the roadway and the overall subdivision Johan has recommended doing an enforcement order requiring the app can to refile a new notice of intent uh and an updated Wetland delineation uh and do we want to establish a timeline Sean did we have we talked to the the applicant was it 60 days you were thinking on that yes so on average uh just based off of what the time frame people have 60 days is uh reasonable I I'm sure that this applicant will be back sooner if the if the uh meetings are arranged or on schedule then um they will be back sooner I'm predicting July 16th but yes to afford them that more that time with 60 days would be sufficient okay so I'll entertain a motion to ratify an enforcement order on D file num 050 1318 1321 13 John did you have a question yes before we um do enter in this I believe the uh representative for Tony or yeah 42y or 108 Main Street has just entered the zoom well we're both Sean we're both okay we're both on yeah so so John I I I think the recap is the pathway forward seems that if we give you an enforcement order basically it just establishes a timeline when you'll come back in before the board uh and you won't do any additional work on site uh until we we have uh issued a new order of conditions and I guess the question was is 60 days enough time for you to uh be able to come back into the board and refile well we've we've already ordered Don who's survey to go back out okay um so I think 60 days of work fine maren is taking over uh who we had for the Wetland scientist before because he's not doing subdivisions anymore and I believe maren is on the zoom call I see her right there yeah so if just want introduce herself hi Moren Harold newest Environmental Services um I feel that 60 days will work for us um worst case scenario if you know we need an extension we can always request the commission but I think 60 days we can amend the we can amend the order as as reasonable so okay just knowing the summer schedule Marin and and and what have you um we thought giv affording you that amount of time would be a good start I appreciate that thank you think the big thing is is that the owner realized that no additional work can take place on the site uh until we have a new order of conditions in place okay okay okay so when is the next time the commission's meeting we meet every two weeks John okay so you certainly you certainly can come in when you're ready uh just send in your send in the the application your fees and do your advertising and you'll be on that agenda and is is the commission GNA wave the fees except except the state fees no we we we don't we don't have the authority to wave any fees who has the authority to wave the fees I think you'd have to talk to the select board on that but we have a fee schedule and we we don't have any uh ability to wave the fees okay uh so do we do we have a motion to ratify the enforcement order as described so move we have a second okay all those in favor uh Woody I Brad hi TJ I see Mick you've just come in Diane Y and Bob Connors Mick we were just talking about the expired uh orders of conditions uh for 108 Main Street and okay thank you and and what Sean is recommended we just ratified was issuing an enforcement order similar to what we did at Sunset Club uh just getting them on on track to get back before us within 60 days no further work to take place uh and we then update a wetland delineation okay all right so okay thank you Marine thank you and whenever you're ready uh just get it into Sean and we'll put it on the agenda and if you need more time and you have a reasonable excuse we'll we'll certainly entertain them great thank you so much we appreciate all your time and really want to thank Sean for all his help getting us through that thank you okay have a good night uh Eric you are you are all set by the way your certificate of compliance was approved about 10 minutes ago so I don't know you were having a cup of coffee or a cocktail but yeah no I apologize I saw 6:45 I was running around trying to get everything so I apologize well thank you yeah you're you're all set buddy okay well thank you I appreciate the board Sean thank you okay have a good night ever all right take care bye bye okay uh next matter is a enforcement order for 105 Northern Boulevard Williams for unpermitted yard work that was continued for 60 days again we're just kind of leaving it on the agenda so we don't forget about our good friend Mr Williams Sean you haven't heard any more from uh on this one no I have not okay in talking to Mr Williams I think he's basically just going to come back in and uh propose planting Beach Grass 12 inches on Center and that'll be the extent of his revation okay moving on enforcement order for expired D file number 0501 1344 to oldpoint Road uh the Sunset Club uh we we issued an enforcement order at our last meeting I I know that the the owners are working diligently I think Millennium is representing them uh to come back in with uh a a new order of conditions uh and what timeline do we give them 60 days as well Sean well we told them to come in today I was it's on their um order to come in today all right is there anyone here from the sunch club okay well one we one we move on and see uh we can we'll get in touch with Millennial okay we'll go back uh the enforcement order has been delivered correct yes it it was hand delivered so they came and picked it up okay all right well why don't we move on to uh the rdas we have a request for determination our file number 448 n doners way 10 KBW generator John have you get a recommendation on this one so I would just uh advise the the standard that we do um hey I see Mary Mary I'm I'm assuming this is your your n DA's way so so Mary what what we what we recommend is that uh one that you generated be uh put on a platform that is elevated 2 feet above base flood elevation uh it's a requirement of the electrical code and quite honestly yes I am yes and I think that that's the so you're going to need to find out what your Bas flood elevation is and you need to be a couple of feet above that okay and it you know what it's one of those things we've hemmed in hard over this but I I Know Myself living on the island if my Ys flooded and I have no power I want my generator working and not gurgling in the in the tide so exactly okay so what did you say your voice was cutting out I don't have a great internet connection here the ba baseboard so you have a platform an elevated platform that you'll we we recommend you put a the generator on an elevated platform yep it's a requirement of this of the electrical code to keep electrical equipment at 2 feet above the baset elevation you you can find out what that is from Sean it's just what Fe is flood elevation is your baselet elevation and we recommend you be 2 feet above that and that will keep you keep you high and dry okay that's exactly what my contractor had suggested was to put it the two feet above um so everything that he submitted in his his proposal to me included that to have it be elevated raised so I'm just making sure I have all everything all my eyes dated and my te's crossed to have everything in place what what what we also recommend is prior to construction get a hold of sha young our con our agent and have your contract to just review we're assuming going to be trenching to the generator from the propane tank uh and not necessarily they said there's also a way that they can do it along the back of my house without having to trench it okay yeah again I think if if you talk to Sean before you st have your contracted just to reach out to the agent I think you'll find that'll it'll go very smoothly okay perfect perfect okay thank you team any questions on this one TJ nope Woody any questions no Brad any questions no I'm good Mr chair thank you Mick any questions on this one no I'm good Bob thank you okay Mick thank you Diane any questions no and Bob Connors has no questions Sean any raised hands from the public at this time no raised hands okay I'll entertain a motion to issue a negative finding for nine doners way moved do we have a second second second okay roll call all in favor TJ hi Woody yes Brad hi Nick hi Diane yes and Bob Connor votes yes okay thank you all right uh next matter is a request for determination of applicability our file number 449 647 Street upward extension of existing dwelling Sean can you provide an overview on it yeah so um this is a uh upward extension um Diane do you want to explain your project or well I would think Diane Diane you really need to recuse yourself and I think accusing but my capable husband can do so sorry about that yes Mr O'Brien would you like to can you can you handle a project of this size Andy presenting in front of Mrs O'Brien so I hope I don't screw this up so so our property is in a Zone X the site's already developed it's an upward expansion only just on the second floor we want to convert 269 squ ft of existing roof space into interior living space um all the work like I said is on the second floor within the existing footprint we're not going to be expanding off the footprint um the structure will not change there's no HVAC or Plumbing uh work required um we don't expect any damage to the existing vegetation if there is we will replace it um in kind um if we need a dumpster which we likely will we'll put it on the driveway which is right in the front of the the lot easily accessible and um I think that's about it okay uh questions from the members TJ any questions uh with Andy O'Brien on this one no questions I was going to be smart alec but I'll let it ride thank you TJ uh you know where's your Celtics shirt where's all your Celtics Pride here tonight guys I'm looking at I'm representing Harvard today so I got Harvard basketball on we're too tired Woody any any questions on this matter no it was well explained thank you okay Brad any question uh no I am very good thank you Mr chair hey Mick any questions yeah Andrew you're not uh changing the footprint at all right you're just expanding on an upper level just on the upper level that's right yeah okay thank you I'm good is it okay if I share my screen yes please yeah yeah go go ahead if you want [Music] Sean so this is It's the only upper part of the building it it's it's uh matching or flattening off the roof um roof line so there is no outward expansion it's it's just going up on the existing footprint that's there no I think pretty pretty pretty self-explanatory so Andy the the only recommendation and you covered it is uh you have a large driveway use it for storage use it for your dumpster and and you know you'll be fine you have a little a good location yeah all right uh I'll entertain a motion to issue a negative determination for 642nd street so moved second second second roll call all in favor TJ hi Woody hi Brad I Nick hi and Bob Conor's votes yes okay thank you Andy have a good night all right thank you all have a good night okay public hearings d file number 050428 59 Plum Island Turnpike for construction of a single family dwelling and Grading Sean can you provide an overview and a recommendation is Bob Grasso here I think Bob Grasso was representing the uh the applicant th this RDA um is O'Reilly here um excuse me Mr chairman my name's Moren Harold um I worked with Bob Grasso on this project and he's in the process of zooming in so he'll be here momentarily okay do you want to cover for maren or do you uh I will do my best Mr chairman yes okay well why don't you why don't you give us an overview as I recall is an existing structure there now yes that is correct um do you want me to share the plan sure if you want to share your screen that'd be great if if that works okay plan here we go oh I'm sorry did we did we miss um NCC 5450 uh what is that it's it's uh so it's Mr O'Reilly oh sorry you know what my I I apologize my page is stuck together on my little packet here so Marin we're gonna put you sorry about thaten no problem Bob will be on just momentarily thank you thank thank you Sean the humidity up here is is overwhelming my papers are sticking together yeah okay I request for determination our file number 4501 1814 Street driveway refresh 2 in of 3/4 Stone Sean can you provide an overview on this one yeah so I don't think they are here um so I can give the project details for that um they are requesting from the commission if they could use um three4 Stone to refresh their driveway and um some sand to for the back of their house as well so did you have a sketch what I have for 18 14 did they give you did they give you a sketch on this one yes they did I'm opening it up now okay so this is their existing driveway they want to put the the 3/4 Stone here and then the rest stand hey what is their plan for veget ation do they have vegetation in the area where they're placing sand no they do not okay good I I guess I'm trying to visualize this and and certainly think the other members will are trying as well how much sand are they adding Sean are they are they just kind of refreshing the area where they've been using or what yes so here's here's the actual picture of the site um unfortunately I don't have the back picture but they want to um level that off or or make it flush with with the three4 stone um so they want to expand their current driveway or no so keep the current footprint that they have from my understanding is the footprint that is crossed out here in the blue I'm not sure about the back of the house here which was in the other picture they want to use sand for that um so this is this is where I sent them in to come get approval for that from the commission okay all right well why don't I why don't I stop there and open this up to questions from the members TJ any any questions on this project um yes it look it looks like they were going on the side of the house as well as in the front of the house from the from the sketch but from the picture I I can't tell where the lot line is if if they can even do that and if that's what their intention is or if they're just staying in front of the house yeah Sean put the put the put them the the sketch back up it looks like they're doing doing a side driveway there it it does look like they they've been parking and that area is this the sketch or do you want the picture yeah yeah no I think that that gives me okay so TJ the neighbors driveway almost runs parallel to that it seems uh the adjoining house but so is it is the side an expansion of a driveway that's that's going to be Stone correct Sean yes yes I I think they Park in both areas now uh and I think they restore it with the well I think they want to have a a consistent refresh in in both areas that almost looks like a little bit of a walkway right there yeah that yeah that's their walkway to their house then is that going to are they refreshing that as well or are they just going to do the three4 stone all the way around um I was not they did not inform me of that um so uh I would assume so if they're getting Stone they're probably just going to lay it out the whole thing um we can set conditions that that require them you know to to keep the the walkway for example and tone no no I I I I don't want to get into specifying it I I think the the intent is not to not to expand the existing parking area Beyond what's currently being used though it would be limited to what they're using for existing Paving how they Define the walkway at it doesn't yeah doesn't matter doesn't concern me that much TJ anything else I'll Circle back no I'm good okay Woody what do you thoughts on this one the driveway straightforward to me um walkway or no walkway it's all going to be a crush Stone right I'm just uh need some clarification on the sketch behind this picture here with the Jeep uh the where they're putting sand is that um in vegetated state or is that just sand now I guess is my question yeah I think it's a good question is there a picture both I don't have a picture but um I I think it's both I mean I can re um I can go behind the house and take a look more or less I was hoping the applicant could provide that so okay okay buy any anything else no no other questions thank you Brad any questions on this one Mr chair it's a fully developed lot I don't see any problem with what they're proposing to do here okay thank you bran Mick what are your thoughts on this one no I'm kind of the same boat as Brad it's already already developed already used for parking they're just improving the surface it's not going to you know add any impervious you know areas so I think we're good to go okay I'm to go anyway yep Diane any any questions on this one what's our precedent with cobblestones I mean they are a lot right we go through we go through this like every other week it seems I think the we allow them do we not the my take is this if we have impervious surface now and it's hot time and and they want to change it to pavers or pavers with a border of cobbles uh it doesn't increase uh blowage and everything else it it is not the prescribed recommendation of D but when I read the letter of the actual rig it cannot increase what's there if when you're dealing with aoia surfaces so okay it's it's a it's a it's a moving Target that's kind of where I land on it if you if you have hot top and you want to take it out and you're going to do pavers I am not worried about these becoming projectiles after 44 years of being out here yeah okay any anything else danan no uh TJ gonna go back to you any any further thoughts on this one nope I'm good okay all right well I'll entertain a motion to issue a negative finding for 1814 Street move second okay uh roll call all all in favor TJ Woody I can't get on on hi Nick hi Diane yes and Bob Connor so Sean the only thing I would suggest is like we did with the last applicant uh have the the owner have a pre-meeting with your contract to notify you in advance just so that you can go over make sure that everything is going to uh blow the way it should so did did the commission also want me to verif y the the sketch of the rear of the house or no we issued a negative finding based on the submittal okay okay uh now Marin we're GNA be back to you I see Bob Grasso uh D file number 050428 59 py and Turnpike the construction of a single family dwelling okay an overview Bob Grasso can you hear me yeah we're getting a little feedback Bob okay are you on the phone and um what happened is my laptop my other laptop I had it going listening to the meeting when I was up window you're gonna probably have to on my other laptop which is not video there something wrong my video card and I'm not I I think we solved it I put I put his other computer on mute okay it looks like Bob can you hear me now yeah that's perfect Bob okay Bob why don't you why don't you just identify yourself and walk us through my name is Bob grassel from engineering Land Services I'm representing John hotnet at 59 Plum Island Turnpike and um what we're proposing to do the existing condition I conditions um we have a wetland line that was delineated by nurse environmental shown in blue I don't know if you can see that screen yes okay shown and blue uh Flags 1 a through 8A uh shown and blue and then we have two yellow um lines the 50 Foot Wetland setback MH setback it's all MH and the 100 foot Wetland salt MH buffer uh shown in the second line um the existing conditions right now they have a two-bedroom dwelling shown in like a purple outlined right there and they have a septic um pump located in Orange coming off that building that uh Force it's a force a grinder pump which forces into the newly um established SE line that goes to Plum Island in Newport um they're serviced by Town waterer shown in a light blue uh line coming off the edge of pavement there uh what we're proposing to do is raise the existing two-bedroom dwelling and propose a new uh the same bedrooms but it will be 42x 42 um the existing dwelling right now is located 13 fet off the edge of wetland uh shown between Flags 5A and 6A and we're proposing um the closest one would be 20 ft between flags 4 a and 5A and towards the lot line in the rear where I show a building setback um to the front for the building code you know to meet the building uh zoning Dimensions uh the front and the side we meet all zoning regulations um John had proposed uh that I add a Island shown in right in the middle is a Green Island there uh we're posing that because he has people that drive up and down during the summer going through his driveways um turning around or something like that so he wants to cut that traffic flow off with that Island um and what we're proposing to do is expand the pavement uh just fairly on each left side and right side but we're also we have to remove uh relocate the existing shed that's uh shown on the left side of the property line um somewhere towards John's um well on this lot on the upper left side but it will be up on um on on two four four pilings so it'll be uh right now I believe it's off it's on the ground um and we're also proposing um two the sil 12in uh diameter silt sock shown in red that will be the limit of work which will be installed prior to any construction um the the the two ramps um actually there'll be three ramps because we're raising the building up it'll be a ramp for the garage door which is on the left side of the property says GD um that will be a ramp um John plans to um drive his boat in there and then the two front garage doors will be for uh cars which will be up elevated uh with steel ramps Uh Wood ramps but reinforced with steel uh undercarriage uh to support the weight of the cars um so actually we're increasing the size of the dwelling but we're also put pushing the dwelling further away from the Wetland um that currently exists uh we got some D we have a d number um of um let me see where it is let just grab that file there uh we have a d number um let's see 050 d142 uh they said that we needed an additional $125 for the state fee for a Riverfront because the plum bush Creek is in inside the msh which I really don't understand that because Marsh is msh and any swells inside the msh I mean you could call Riverfront I mean there's always um channels that go through marshes I don't really understand why they but we did pay the additional fee for the for the uh Riverfront area um it will still be a two-bedroom dwelling we're not adding any additional flow to the sewage uh system currently service by Newbury excuse me um and any questions so they I I checked the file later today Bob and yeah that that was the extent there was no other technical comments on this project at this time very simp forward um project it's it's simple we're raising an existing dwelling it's um you drive by it's it's very old it's deteriorating John wants to you know upgrade um the neighborhood and get rid of a a nysa and replace it with you know a newly constructed building Bob let me open this up to members for questions TJ any questions for Bob on this project yeah Bob the the only question I had um at the beginning did you say you were expanding the hot top area yeah just so um we're actually uh towards the right front um just that little area so we can get a car into that garage door and then we're moving the the shed on the left um up towards you know John's lot corner there up towards the pool area and we're expanding just that little bit of grass we're going to turn into pavement are you taking any other hot top away to put this in yes the landscape area uh that shown in Green in the middle that will be removed and that will be landscaped with shrubs um paint you know Loom seated and and shrubs so seated actually just Loom B melts and shrubs so it will stop the traffic flow that John receives during the summer when people you know don't want to you know they have to turn around they go they use his driveway as a turnaround so but ultimately the the net um Hut top will then M be maintained even is that correct yes I have a chat there up on the top right of the plan um the existing pavement we're minusing 527 and we're proposing 470 okay no net increase on so there's no net increase on pay yes everything else would be you know above the Delta is 440 um which is a very minor 440 that's you know 10 by4 10 by you know it's it's very minor 10 x 40 yep I'm almost set okay thank you TJ Woody any questions for Bob Grasso on this project yes uh just one question so the new structure is going to be on vience uh yes uh we're going to do a flow through um addition yeah foundation on that we show the first floor to be uh if you show up there it says proposed dwelling SL garage number 59 two bedrooms garage floor will be at 10 but the first floor will be 15 which is the flood elevation is 13 um they'll be I mean it it doesn't flood to 13 I mean it's a 100e storm so what we're doing was putting the joist for the first floor at 14 which is one foot above uh 13 and with the Finish floor will be 15 but the garage floor there'll be no mechanical anything down there will be at elevation 10 because we have to have the ramps to go up to the garage doors okay I understand now thank you thank you thank you Brad any any questions on this one for Bob gr yeah just some comments John so if that if that garage floor is a 10 um in in the last seven years I've seen uh that property that little cottage be underwater um multiple times and um I I didn't didn't get out my my uh GPS and find out exactly what that elevation was but I am concerned that uh you that property that you build there that garage is underwater for a significant period of the winter well then that means his existing dwelling would probably be underwater and he he's never been underwater and the the actually the moon uh actually the wave action calls it at 5.3 that's when the moons the high you know full moon and the high tide and the wave action that's actually at 5.3 which is basically what she flagged um I took shots using USGS uh GPS um equipment and basically the Wetland line is at 5.3 5.6 5.8 and the through Noah uh they they call it at 5.3 and femur is at 13 I I put a note that this entire project is in the femur below you know below elevation 13 uh and the area of critical is 9.2 that's just the environmental concern at 9.2 so we're proposing to take down that house and put up a new house and have a flow through Foundation that won't affect any wave action uh through there you have do you have any um uh cuts of the building Beyond just the plan do you have elevation will be submitted to the building inspector when John uh applies for a building permit I don't have the flow through but there the building ins Spector will require that I I'd really like to see that detail okay I don't have it right now but that was let me so let me what is the elevation of the yard where the house is proposed now uh the elevation um if you see it it's actually going through at elevation the back of it the existing dwelling right now is at the elevation six at the rear and at the front it goes to let me see elevation seven is at the driveway so say 6 and a half going through the through the house and the wave tide is at 5.3 which is that's through research um physic I've physically driven down that Turnpike and seen that property completely underwater yeah so that in other words the first floor of that building was flooded the first floor absolutely that's um I'm actually talking to John Hunton on yeah I I think there's a crawl space underneath and he's saying the first floor was has never ever been flooded ever and that's at that's at 9.7 so what we're proposing to do is just trying to make the situation better here we're actually raising um the first floor up to um 15 so um but the garage will be at 10 which we know John excuse me but I I think that was the point of my question was more the garage not necessarily the the living space and I agree at 15 you should be oh we're actually higher than the existing dwelling and it's never been John hotton is on the phone with me saying that first floor has never been flooded and he's lived there I'm sure how long have you lived there just just add this in 45 years he's lived there for 45 years it is it is a 100e flood for a reason yeah yeah 100 year flood well in 45 years it hasn't been flooded you know yeah well it's 45 years it's 100 um I mean the last time that we've seen an actual major storm like that was in 1938 uh so you know nobody predicts or can predict when one of those storms happens but it is when the rain accumulates in one area and it's just a prediction that's why they call it the H flood I mean you know every everywhere around world that's elevation 13 call the 100e flood yeah I think I think one thing Sean let me let me jump in here please if I have a question I'll I'll Circle back to you I I think what we have to be careful of you you have feema construction standards that the building inspector is in charge of exactly where in charge of the resource area which is vegetation perious impervious materials uh and the like so we we shouldn't be in the design build business specifying how a structure is going to be built the State Building Code uh appendix G section 120 covers that and it interacts with d Wetland protection act uh in the code enforce officer of that is Sean don't interrupt me please is the building inspector for the community chairman I just wanted to add in there that he I don't think that he is in a coastal Dune and that appendix wouldn't apply that it it would just be the normal or standard um FEMA FEMA um requirements of the for example Sean we're actually in the great msh which is El I said you're not in the dun exactly everyone everyone do not interrupt the chair use the raised hand feature all all conversations go through the chair is that clear with everybody yes we're not going to have this back and forth so all right so Brad Duffin you have your hand up thank you thank thank you Mr chair my only comment was was I I did not if if I was misconstrued that I was trying to influence the method of construction or the design uh I apologize I was not trying to do that I just wanted to see the elevations on a plan before I would uh really make a decision on this yeah we've seen we've seen much more detailed plans out of applicants and from where this stands right here I think in my mind this is incomplete yeah I think the hard part is here we're usually dealing in the overlay District Brad which is plumbush to the island this is not in the overlay District I understand this is just standard feem of construction at this point okay thank you Brad uh where were we uh Mick what are your thoughts on this one uh thank you Mr chair I think my concerns as far as the elevation lowest elevation and construction have been addressed uh question those questions have been asked so um that is my concern where it is 10 feet below the 13 foot level of the 100e flood plane that's my concern and I would like to see elevations uh more defined in a presentation okay so you're looking for like a cross-section elevation absolutely yep and where it relates to the 13 foot 100e flood okay thank you Mick Diane what are your thoughts on this one I just had a question it looks like it's mainly being built where the existing house was and then over looks what used to was that used to be concrete it looks like what you kind of lost me was with all the ramps are the ramps in they are they coming out from the proposed dwelling and going into the house like and what are they made out of exactly um if you look to the left of the lot of existing dwelling number 57 I have a ramp that shows it going into the house that's exactly what it would be like they they're wood ramps reinforced with steel iron underneath them so you can drive a car up up the ramp to get on the garage floor so yeah I'm kind of so the ramp is over there on the left where the cursor is yes dwelling over here so actually John owns both Lots so he owns 57 he owns 59 um so he's going to use the same type of ramps uh for the cars in his boat which would be on the left side and there'll be two car entrances to the right of the center of the U proposed landscape Island okay okay so they're going to be those like a ramp over here with steel and all that is going to be on top of that concrete outside the existing outside outside going onto the existing well the proposed pavement and then the proposed pavement and existing pavement on to the right so it be we're actually taking pavement out and adding pavement so we're a minus amount of impervious area are they like temporary ramps yeah no they'll they'll be there so they'll drive up there and they're up they hit the garage floor and the ramps stay there um they're they're an it into the pavement but they're above the only thing that touches is the garage floor and the point where you drive up the car onto the pavement so like the garage floor is 10 feet up and then the rain no the garage floor would be at 10 and we're elevation like roughly seven so it'll be a 3ot ramp 3 and 1/2t foot ramp his is the 57 has kind of a similar feature diang yes they actually uses it every day he uses that ramp every day um but it would be on top of concrete that was already there yeah so yeah yes we're actually um we're reducing the setback to the um to the wetlands you know the existing dwelling we're actually pushing the building back we're actually reducing pavement and they'll be serviced by the same uh septic pump that's shown in Orange too and the the ramps the ramps will go underneath the the existing water and seore okay over them I'm sorry but you know I was just I was like what does he mean under so on top of concrete that's already there so my concern was if it was going to be creating any more areas because I don't actually it's paved it's a paved driveway it's paved pavement not concrete okay but the the garage doors and the floor will be concrete okay it's a very simple project it's uh very actually we upgrading the area for you know for Value um I mean the pink house is right across the street say any any anything else at this time I'm going to circle back with everybody so so Bob I want to walk through this once again under FEA guidelines your first habitable floor is required to be what elevation above the base 2 feet above the um elevation 13 because they want the joist the bottom joist to be one foot above so it doesn't get if if it does rise to 13 the first floor is not going to you know rot the wood for the joice so the second the first floor would be 1 foot above that so we're at elevation 15 okay so the first habitable floor is at elevation 15 yes and base blood is 13 13 yes the foundation is flow through it will comply with guidelines yes okay and the building inspector will ensure that yeah before he issues a building permit okay yeah I mean the the the focus honestly is the habital first habitable floor is going to be the control for FEMA and for Coastal Construction standards and okay let me swing back to TJ what I'm I'm all set Mr chair okay Brad duffen do you you you follow what I'm saying though as far as your baselight elevation and your habitable floor I complet I I I've understood that from the original submission Mr chair here but again I I can't stress enough that I would like to see a more developed plan with uh sections and elevations that shows exactly uh where where the uh the floors are the ramps aren't even showed on this drawing right now we we're we're led to believe that they are going to be there but they're not even shown on this plan um I think that it's important as we have with most other um over an Oldtown we look for uh sections and and U and elevations so that it is clearly defined thank you Mr chair he Bren uh Woody you any further thoughts on this I will uh say Brad's points are are somewhat valid due to the fact the elevations aren't shown ramps aren't shown things like that um maybe a more detailed plan is in order but other than that I have no other comments or questions for the rest of it makes sense to me all right so so Bob what what I gather from the questions Diane what uh just quick I'm looking at the D comments and they did make a comment where it says resource areas estimated JF was that for fee purposes only or was that a comment that was just for fee purposes only okay yeah I mean the the that plum bush Creek is inside the marshin which is you have all Creeks you know I don't understand that I we just paid it we didn't understand we just paid it what they wanted um but I have a you know Morin from norval she researched it she she couldn't understand the 100 square feet where they came up with that so we we just paid the payment um it's it's it's it's Wetland it's MH area it's it's the Great msh um you have channels going through all the all mes and you can't call that you know Riverfront when there's channels everywhere I mean you'd have Riverfront everywhere I just don't understand that comment so we just paid it yeah no I hear you okay any other questions from the members at this point are there any question are there any raised hands from the public uh Mick you have your hand up uh yes my my question was there's a note on the plan here it says existing shed to be relocated and there's no plan on where that shed is to be Rel relocated how it's going to be Rel relocated what it's you know structure is going to be I think it just lends to the you know we don't see the I believe is uh I think he's going to um I think he's rid of to because he has enough storage area inside the garage so he he's probably going to just going into a dumpster it's probably going to get torn down and removed you can put that in the order conditions um that the existing shed to be removed from site that's fine I'm I'm just going on what's stated on the plan yeah well I can just I can just clarify that because um John's on the phone with me and he said I'll get rid of the shed he doesn't he doesn't I'm gonna stop asking questions if you're just GNA continue to interrupt oh I'm sorry I'm just I'm trying to answer your question yeah let's we have to use the raise hand function Bob okay all right sure Mick what other questions do you have I'm good at this point Bob thank you okay thank you all right uh Sean do we have any raised hands from the public at this point I do not see any raised hands from the public okay all right do do any members have requests for additional in information or plan Amendment or adding additional content to this filing yes I think Brad you'd like to see further you'd like to see a cross-section elevation I'd like to see more detailed plan Mr chair um again uh uh commissioner Brown asked a question about the shed and it says it's going to be relocated yet here we are uh during the meeting it's now saying it's going to be removed so that is not what it was submitted uh with this application uh in my mind this application is incomplete and uh I'm not prepared to vote for this yeah what I want to try to do is find out what additional information Brad you would like to see be on yes it is I I would I would like to see a complete application with the sections crosssections and and uh elev the ramp elevations and the ramps Del delineated on the on the plant and if the shed is going to be removed then then put the note on there that the shed is going to be removed okay thank you thank you Mr chair okay uh Woody what additional information would you would you require I just agree with what Brad said as far as the elevations and show ramps and if I agree with the shed it was gonna be moved but didn't show where it was going to be moved and now it's going in the dumpsters so um just decide what to do with the shed and put it on the plan okay thank you uh TJ what additional information did Brad's comments I think I think they've covered it I'm good all right Diane what additional information other content would you would you like to see I'm good okay uh so Bob what I'm going to suggest is you request a continuance to our next meeting re revise your plan and resubmit uh if you want we July 2nd is our next meeting date well can I talk now yeah you can okay well that's the whole process about a public hearing it's getting feedback between members and the applicant and all that so during this process we felt that the board wanted the shed to be removed so we can we can contingent upon a revised plan we can say that the shed will be removed We'll add the ramps and I'll add the elevations but I'd like to um that's the whole feedback about public meetings you go back and forth you agree on things I adjust the plan and I'd like to I i' I'm thinking that I'd like to have a vote tonight contingent upon a revised plan I mean the applicant is ready to start this construction soon and it's just going to be by time the order of conditions are written up I can have a revised plan to to Sean uh con addressing all the concerns to the board members um well I think a majority of the members feel that it's an incomplete filing at this point okay and is requesting additional information okay and and again that's what a public hearing for is to open it up for discussion kick this around and and and require additional information um I the board's not going to entertain a vote on this tonight pending you pending the submitt of additional information maren you had your hand up if you wanted to add something thing uh to this basically I was you answered my question I was uh curious if the commission would have felt comfortable same thing just conditionally um allowing us to submit the revised material and the details but as you stated it doesn't seem like that's a possibility yeah I mean I think if it was just the elimination of the shed that that would probably have been a you know low bar to to meet but the the elevations typically Maring what the members are asking for is typically what we see on really every pilot so not a problem thank you so is the applicant requesting a continuance of this public hearing and if they are what date would they like to well on behalf of uh my my client John HT and edley to continue this hearing to the next following hearing so I can revise the plan addressing all the commission's concerns okay uh I'll entertain a motion to continue this public hearing at the applicant's request to the July 2nd 2024 meeting so moved is there a second second okay all in favor say I TJ I Woody yes Brad I Mick I Diane yes okay and Bob carage yes okay thank you guys thank you for your time thank you for your time he next matter uh it's a public hearing this is for 40 Northern Boulevard uh for demo of an existing home and construction of a new home on piles with and Grading de has not issued a file number at this point uh the applicant has requested a continuance of this public hearing to the July 2nd meeting uh is there a motion to continue the public hearing at the applicant's request who Moved second second second okay all in favor uh TJ I Woody yes Brad I Mick hi Diane yeah Bob coners okay next matter is another public C in for 36 Northern Boulevard for demo of existing home and construct the new home on piles and Grading uh same thing Team D has not issued a file number there's no technical comments on this one the applicant has requested the public hearing be continued to July 2nd uh is there a motion to continue this public hearing at the applicant's request who Moved okay all in favor TJ hi Woody yes Brad hi Mick hi Diane yes and Bob Connor's vot yes okay uh next hearing continue public hearing for D file number 0501 42418 temple Boulevard West for addition of a deck and elevated walk through a delling and Reclamation and expansion of existing parking area I had received a call from Tom Hughes earlier today and he had requested a continuance of this public hearing until the July 2nd meeting I do see Jenny Aro I'm assuming Jenny is the property owner uh so we have a hand raised yep oh Tom is that Tom Hughes yeah I think he's muted all right we go Mr chairman apologies it's not on this matter it's regarding the the previous section I'm Tom O'Reilly h a h a an application up for vote I was told 7 yeah I was told between 7:15 and 7:35 so I've been on since 7 okay was that IDE that was approved so approved that was a was that the RDA Sean yes that was RDA 450 it it had a negative determination yeah you're all set Tom I'm all set all right thank you very much Mr chairman thank you to the committee have a great night okay thank you you too hi Jenny AR is the property owner of 18 Temple um Jenny Tom Hughes had called earlier today and had requested a continuance to the July 2nd do you want to give us an date where you're at I know you were you were revamping the design and uh and working with your neighbors to reach an equilibrium on your project we did so we made a big revision and uh we've gotten excellent feedback from every neighbor we don't have uh any neighbor who has um expressed any concern but um I guess Millennium didn't finish something on the plan and I was really disappointed to get a call from Tom Hughes at about four o'clock today that we wouldn't be in tonight's meeting so I'm hoping that Millennium can complete that so that we're in the next meeting well what what tomad requested Jenny on your behalf was a continuance of the public hearing to the July 2nd meeting right yeah he did tell me that okay so okay well I guess that's the only matter be for the commission on this uh this application is uh is there a motion to continue the public hearing at the owner's requ applicants request to the July 2nd meeting mov second second okay all in favor TJ hi Woody yes Brad hi Nick mck you might be on mute yes you are mck you're on mute it's okay we need four votes okay Diane yes and Bob carers Mick you're on mute uh can we assume that you give us a thumbs up if you are in favor okay put McDon yes in favor Bob yes I vote I okay thanks mck yeah okay thank you Jenny we'll see you July second okay next matter is Municipal separate storm sewer system ms4 regulations update chairman is it okay if I interrupt can we do the extension permit first okay and it's uh D file 0501 1356 Orchard Street covert for DPW okay we can do that uh what was the what was what's the expiration date on the filing Sean the the expiration date is um I think soon I think it's August is think it was August where that well on the application okay so well within beyond the 30 requirement okay so we have a a request for an extension uh the B is a we shall Grant an extension if it's the request is made 30 days prior to the uh expiration so I'll entertain a motion to issue an extension of D file number 0501 1356 Orchard Street culet uh for the town of Newbury DPW Cal so moved we have a second okay all those in favor uh TJ I Woody yes Brad hi Mick hi Diane yes and Bob con is vks yes all right now back to where are we all right uh did I see Renee was Renee on this call I see Jim sett and I hey Renee how are you good how are you doing good Rene why don't you provide us an update of uh the questions that had been asked uh and why don't you walk us through uh your responses and I'll open up to questions for the members sure um I'm assuming you all received a copy of the email that I shared um but will share it on my screen and we can kind of just walk through it let me see if I can increase the size here um so um at the last hearing we kind of walked through the proposed amendments to the storm water ordinance um and following um that presentation there were several questions from the commission um that were asked for us to present additional information on um I provided an email to Sean um with those questions and a response to each of those um so the first question that was asked was does the ms4 permit exe exempt single family homes in agriculture um simply stated it does not specifically exempt any land use um it really regulates the size of the construction site and focuses on disturbances of greater one more one or more acres of land um I also included the definition of what a disturbance and how it is defined um I did also note that these regulations under the ms4 would apply to all new development and Redevelopment that it Serb one or more Acres which discharg to the town's ms4 at a minimum um many communities and how it's currently written the way we've written it is that it would apply to you know the entire town um but we've included I included attached to the email and I can open this uh attachment which shows the regulated area within the town of Newberry now Renee can I add in um a a clause here if that's okay y chairman will you allow me to add that in as well well Sean please why don't we let her finish her presentation then when I open it up the questions we will we will get back to uh that I I think the continuity having her make her presentation would be important and when we open it up to questions I'll in clud you okay so we could continue please yep so this map here you can see this um black and gray line represents the boundary of the town of Newberry and the hatched area represents the regulated ms4 area within the town so you can see it's a it's a pretty small portion of the land area within the town um okay back to the email so that kind of answered 's the first question with a little bit of additional context I think there was a little bit of discussion around that the second one was is there an application required specifically for the storm water regulations and currently the town does not have a separate application process for the storm water ordinance um however the site plan and subdivision regulations do refer to the ordinance and make applicants could of comply with that those regulations um is there a fee schedule for the application at the end of the ordinance I've listed here what the fee schedule is in the ordinance so if it's the property is between one to two acres it's $500 and if it's greater than two acres it's $1,000 and then the final question was how does the sacket versus EPA decision impact epa's jurisdiction to regulate private properties under the nifty's ms4 permit this is kind of a legal question um and I'm not a lawyer so I've provided sort of an engineering you know statement here but really just restating that the ms4 permit States a s small Municipal separate storm store system means all separate storm sewers that are and I've included the definition owned or operated by the United States state city Town burrow County Parish Etc um having jurisdiction over disposal of SE sewage um let me move my camera here Industrial Waste storm water other waste including Special Districts under the state law such as a sewer district flood control drainage District or similar entity um and I'll just just basically all these entities or designator approved Management areas under the section 208 of the Clean Water Act and is the key that discharges to Waters of the United States um as noted in 1C above the post construction storm water regulations apply to the sites that discharged into the town's ms4 and again ms4 is div bin us those discharges to the Waters of the United States as bobin alluded for in our last meeting um the sacket decision sort of you know redefined epa's authority to regulate discharges to the Waters of the US and the Waters of the US definition is also changed so essentially it would be up to the town and I would recommend their legal council to determine how they would interpret the decision in the way that sort of they want to regulate the storm water discharges under the ms4 permit if they want to do something other than just comply with the current permit as written so those were the questions that were asked during the previous meeting um so Bob I mean that's all I had I didn't really make any amendments to the actual regulations in response to those because we didn't hear any additional feedback from the commission so I'd be happy to answer any questions anyone has um on sort of those responses or any additional feedback or thoughts yeah so let me start Rene thank you I I think you've done a good job on uh answering our questions and I appreciate you actually having the map which defines the Waters of the United States and really the limits uh under the this particular ms4 uh you know procedure uh so the opt is do we want to expand that to cover the whole town or do we want to recommend we just follow the Waters of the United States and reference the plan that you have provided us as part of the approval process uh I guess the big concern I have is we have an agricultural community and I I'm just concerned with what we call new development Redevelopment is a 5 acre coin field that's getting tilled every year for you know growing crops and then you know plowing under the silage for and what have you and does this open up a is where does that fall in development new development or redeveloped um it would be existing Farmland that's being uh used and hasn't been abandon and and typically EPA regs are clean water uh rag clean water rig had Exempted most farming operations in the past I'm not familiar with what's what's gone on but how do we reconcile that because it's great concern from the farming Community we have a large agricultural base uh it's a know it's just it's a it's a source of income for for many residents are you directing that question at me Bob yeah yeah I I am running okay um I mean I personally would not consider AG culture like tilling a field and planting crops as a definition of disturbance under this ordinance um you know I wouldn't say I would say they're not doing the typical definition of clearing or grading or sight prep I mean that's more to me in sort of the Land Development framework um I mean the town could certainly if we concerned about that include that as an exemption under the you know disturbance that agriculture is exempt you know I don't I also don't think that's epa's intent while there haven't you know defined it that way I don't think that's the intent of the regulation to regulate sort of tilling of fields under the definition of disturbance right so I would want to see that for me to be able to con consider going forward with this just in my own personal view that so where would we add that under would we just put it under the definitions of development and Redevelopment and then add that as an exemption yeah we could decide you know probably want to work with the planning department to kind of determine where the best and most appropriate place to put that we can either have a if there's an existing definition of disturbance we could include it in there or we could add it into the new and Redevelopment either of those locations I think we'd have to just really look at it and determine what the most appropriate and comprehensive location would be yeah I just think it's important to have Clarity on that because it I I could just see down the road where that a 20 acre field being being plowed uh would be certainly uh you know it could raise questions people could read the the rigs defently okay uh Mick John I see your hand up I'm gonna go with Mick first I was just gonna add B that the de definition of disturbance here is uh Renee lays out in in 1B and where wherever that language comes from would be the place to Define it as you know including existing agricultural operations um I think where you get into I guess a gray areas okay I own 50 acres and I've developed 40 of it for farming if I want to take that exist I take another five acres or 10 acres of my existing forested land it would seem to fall under this under the ms4 definition but um so I think that's I think it's important to make that definition that it's existing farming operations and if they want to expand their farming operations it may be subject to these regulations do that if it falls within the ms4 jurisdiction right if it falls within ms4 exactly exactly right right okay yeah I think I I think that's that's a good suggestion M too um just having that Clarity otherwise when this goes to town meeting you you'll have U an overwhelming group of egg residents that will not be supporting this and and we won't get this across the finish line so that's my concern Sean you had your hand up what what would you like to add myself yeah so I just wanted to add in a clause in here that um might add something because uh all right so in the town bylaws in section 87 subsection 4 um we have a bylaw that um I'll read it to the um commission and it would conflict with what is being said um so a this bylaw applies to one all properties in Newberry and two all activities that alter or disturb any land equal or greater to than one acre or less than one AC acre that is part of a larger common plan of development or sale that will ultimately alter or disturb any land equal to or greater than one acre that drains into the town of Newberry ms4 now you saying that's the current that's the current bylaw what's the heading of that what's section 87 that is the current bylaw but what is the title of that bylaw is it storm water or what is it called um Water Resources applicability okay okay all right thank you Sean let me open this up but TJ what are your thoughts on this yes just looking at the um sacket versus the EPA and then putting it back towards up to um question one uh 1 C especially uh the post construction storm water regulations would apply to all new development Redevelopment sites to disturb one or more Acres with discharge into the town's ms4 at a minimum but if what if somebody did a a project where they handled privately the sewage and storm water and would they be exempt from this or is that [Music] um a loophole that has been closed somewhere else Renee why don't you answer that now TJ just to qualify you saw the limitations on the map that was where ms4 actually has jurisdiction that's the minimum jurisdiction that's before us tonight we have the question before us do we want to expand that Beyond correct so if we did expand it Beyond and there were areas larger you know whether it is farmland or other uh open areas and they did a private um system for you know maybe condos or 55 plus communities and they handled everything privately is is that included in here or is that exempt Renee do you have a yeah so impervious part of it would not be exempt from site plan review that's correct so they would have to meet the water quality new development requirements under the storm water ordinance um if they were private development if we made it townwide sort of the discharged into the town's ms4 would potentially be removed and it would really just be right any projects that meet the new development or Redevelopment criteria would have to be required to comply the with the new development and Redevelopment okay so that would be triggered from the other part of the equation of new just new development in general yes yes and I I will say that um is not to muddy the waters here more but the current many of you reply where the Wetland regulations have new amendments before them um and they're they're really to provide some consistency between the ms4 permit in the state requirements um so I do think that even if it's not an ms4 District Wetland regulations coming up may be very similar to what we're dealing with here today as well but that's in the future whenever get approved if they get approved okay anything else DJ no that's it okay thank you Woody what are your thoughts on that well the few questions I had about the agricultural individual have been answered um I have just one request that could we look at the map again while while we're discussing and talking I'd just like to see the map for a moment again in the area that you're talking about is in the hashtag the red that's correct there's a section in Byfield over here on the left and then a small section sort of in the center of the diagram as well okay thank you so much yeah okay anything else Woody no not at all thank you Bob okay Brad what are your thoughts on this yeah yes Mr chair I think a lot of that has been covered I I Echo your concern about the agricultural aspect of this um one question and I'm thanks Woody for asking for this map to be put back up here if I recall correctly the Tod that was recently approved at the uh town meeting Falls Within These at least one of them does is that not correct I think I think actually two of them probably do only two the one in bfield and the one in Newbury one on Handover Street yeah so would would they be exempt uh from this and to and second part of the question to TJ's original question uh even if it is a private sewer system I.E a uh septic system with a leech field uh the leech field eventually gets into the groundwater and one could argue that that goes to the Waters of America of the United States so um well you get title Title Five is going to cover all all private Disposal system right the I think the big thing is remember this is one spoke in a big wheel got it we we we have Title Five we have Wetland protection we have a wetland bylaw we have subdivision control we have site plan approval and each layer has overlapping jurisdictions and I mean I think the one thing I don't like we have a gun to our head to get this done by June 30 and I I I think that from my perspective we should meet the minimum standard because we can always expand upon this bylaws can be uh updated improved and when we agree that we're going to follow an ms4 regulation that's subject to current regulations and future regulations right uh which we have no control over and as that regulation changes the jurisdiction can so I'm not a big fan personally of expanding beyond what this plan shows for jurisdiction on ms4 regulation um considering all the other overlap that we I mean you think about all the overlap we have now between zba uh State Building Code how they all interact Wetland protection site plan review it it's a collage it's a steak sandwich for Consultants is what this becomes at the end of the day but thank you Mr chair no other questions okay Mick what do you thoughts on this well I kind of uh a agree uh somewhat with your comment B we expand the applicable lands space to ms4 what defines that how do we Define that and I think you get into a whole another entire like you said Consulting and really environmental impact review that there's no way we can do that by this deadline and do we really need to do that and I I to me based on what the town use and town needs are and the kind of the history of our community think it's important to focus want to to to maintain the current jurisdiction for ms4 but to really Define agricultural use clearly in the regs because it's such an important part of our community so like you Bob I'm not I'm not a fan of uh expanding the applicable land space thank you mck Diane what what are your thoughts on this no I'm in I'm in agreement with with Mick on this one it's was it was funny because I had another computer here and I had called up that map after you took it down because the whole time people were talking I was looking at the map um so I think that um says a says a lot just the I like it um yeah I mean I would tend to be a minimalist myself so well again you know what we we we want to comply within the June 30th deadline and and this can be reviewed on a basis U and there's nothing that says it can't be reviewed I think the other thing is uh this still has to go to town meeting yeah so we're we're approving a draft of of a regulation that is then going to have to go to town meeting as a warrant article and be approved by uh I forget you know that's a good question Renee does this require a simple majority or a two-thirds vote like zoning so I think there's two things there's the bylaw but there's also the ordinance and my understanding and Sean you can correct me if I'm wrong was that we were voting on the ordinance tonight that the conservation could could approve to amend and then we would still need to revise the bylaw before town meeting next march yeah yes Renee you are correct these are the ordinance and the town bylaws have to be voted in so it's a two-part two-part process so I guess my question still is on the bylaw is this treated as zoning requires a two-thirds Vote or is it just a simple majority so this isn't voted on this is voted on the commission no no no no I I'm asking a general question uh on a bylaw approval at town meeting uh is is this come under zoning is it being treating as a zoning ordinance which requires as I weall it 23ds vote uh or is it a just a bylaw or ordinance that's going to require a simple majority um I think I think that the the bylaw change is just a um is just a site plan visit that it' be coordinated with all the um parties involved yeah okay understanding yeah uh so Renee I think the consensus I'm hearing in please members jump in is that uh we will entertain voting on this tonight uh but there has to be an exemption in the appropriate place for typical farming operations which is fields that are in use regardless of size as long as they're not changing its current use or adding impervious surfaces or clear cutting um has to be included and this plan that we're looking at be referenced as the extent of the ms4 regulation jurisdiction okay n said okay okay does that make sense everyone is so what do we do about the conflicting bylaw well we're going to address the matter that's before us bylaw has to be addressed at town meeting yeah it has to be done as a warrant article no no no no at the current bylaw 87 four we we can't we're approving an ordinance tonight okay and then the bylaw will have to be adapted we have to adopt a bylaw for this and that's going to be something town council's going to have to clean up this is step one Sean of a multi-step process yes okay TJ any are you okay with the farming exemption with Clarity on typical farming planing yep and limiting this particular jurisdiction to the plan that we're looking at through the map shown yes okay uh Woody what's your thoughts are you okay with that yes I it sounds good I it's it's something that's necessary yes okay again we can always expand down the road Brad what are your thoughts on this uh I agree Mr chair okay Mick I think you and I are exactly on the same page on this yes we are well I'm I'm willing to vote uh pending clear definition on agricultural use okay and Diane any any further comments no okay uh do any members have a request for additional information or Amendment or additional content to the ms4 regulations uh outside of what we've just discussed on incorporating the map and and adding clear definition of exemption of agricultural traditional uses okay hearing none is there a motion to close the public hearing excuse me I no before I do that Sean are there any any raised hands from the public good catch Mr chair I do not see any raised hands from the public okay sorry marer Mark just identify yourself and yes I uh yes I thank you for recognizing me so I'm Mark kraman I have an administrative uh question for you um the commission uh I'm concerned uh in connection with fragm mites fragm Mighty growing on the on the marsh um and most of you know fragm mites are extremely invasive they can grow very tall you know over 10 ft tall and establish themselves very quickly into a monoculture that can uh exclude other species of plants and animals uh they're growing very quickly along the great Marsh especially along towards Plum Island I live on Plum Island um and I'm very concerned so what I'm proposing in short is to uh cut down the fragm mites uh CMEs with hand tools along the margins of Plum Island Turnpike East of the Plum Island Bridge and along the west side of Old Point and Sunset Drive to inhibit their further spread this would be personally or with this team of volunteers this is a different matter I'll Sean I will answer the question go ahead finish Mark and give you I'm sorry if I'm out of order this would be at no expense of the town uh it would be done you in using best practice which is before the end of July when the uh fragm mites are tassled but before they release their seeds which produces uh the most stress on the plants it will uh not prevent annual regrowth uh it's not expected to but it will weaken the plants over time and diminish their growth year on year eventually pres uh preventing additional colonization in future years so I thought we were on the perennial pepperweed I left the room for a second I'm sorry so pepper weed I'd like to propose we also do FRS so so Mark what you what you may want what you're going to have to do is uh you're going to have to come in for an RDA at a minimum we we've done this with other FRG Mighty uh strands and unfortunately D has come back and required nois in many cases so notice that there is a a a negative determination of applicability that was granted to usfws and mass Autobon which is your file number NCC 421 which was passed by this committee on the 18th of April 2023 which broadly covers all the marsh areas and also facilitates the annual uh pered removal so that that's the uh you know there's basically something in place uh which already has determined that uh well negative determination of applicability okay so Mark why don't you hold off and you you should be on our administrative section of the meeting thank you okay all right so team I'll entertain a motion to close the public hearing if we have no other raised hand from the public don't moved we have a second all in favor Woody yes TJ Brad hi Mick hi Diane yes and Bob Connor Ro chess all right uh so Renee we've closed the public hearing you I think you've you understand where we're coming from we're going to the the ordinance will be crafted as such that it will reference the plan that was submitted uh and clear definition of normal farming operations being exempt that are existing not expanded great I'll work with Sean um in the planning to get that taken care of okay so I'll entertain a motion to approve the municipal separate storm system uh storm sewer system ms4 regulation no moved second is there second okay roll call uh all in favor TJ I Woody yes Brad hi Mick hi Diane yes and Bob Connor's votes yes thank you Renee thank you Jim seret thank you take care okay all right uh next matter staff reports what's stats what's the status Sean of uh 27 Coleman Road team that was the kind of an outstanding Wetland violation on the I think it was the Rowley Newbury border majority of the work seem to be had to be performed in uh rowy but Sean was bird doging that farest that there was anything going on in our area where to be an RDA Sean why don't you where we at on this yeah so where are we at um majority of the work is in Raleigh um I think they're building a patio that is covered uh half of it's in Newberry half of it's and Raley the weird property setup um and they will be submitting a RDA for that part that's in Newberry when they have a final draft um so far we did a site visit and that was what touched the Newberry side um okay so all right so do they when do you expect to see that do you have any I I guess um I I expect to see it when um Raleigh gets theirs um which should probably be no longer than 60 days is Rally requiring an noi or they doing an enforcement order they're doing an enforcement order okay okay any question enforement order is more than like dated with a with a timeline okay any questions team I think this was just more of an update on this matter yep it was yeah it's just an update okay Sean the next door next matter is it's an update on the crane properties D file number 050 1327 what uh I'm not familiar with this what what's that [Music] about I I tou space with that I not familiar as I am a familiar with it I just need to look at it okay meeting anything we need to address okay so yes so that is sorry yes um that is 68 Green Street they send periodic updates from um Norse environmental about 68 Green Street development and those are for the month of May into June um I'm not sure if this commission recalled that's where they had the giant flood or not giant flood but um flow flow off of of um due to the heavy rainfall it kind of washed out into the neighbor's yard um and yeah they just provide us with updates so that's an existing order of conditions covering that scope of work and this is just the the monitoring reports yes okay okay any any questions on this one team Diane I'm just looking at the reports they're saying that on their last one that they're requesting to stop inspections so does that mean they're going to stop sending reports yeah they're they're almost done with the project um I was just there uh sorting something or we were the town was there addressing some storm water issues regarding neighbors and they are nearing completion to the uh planting phase yeah monitoring phase I think I think when they file for certificate of compliance they will not have to file any more reports but until that happens I I don't see too much changing on that but okay okay perennial pepperweed pulling mark you mark so there there was something that came up there was a post on I think next door Plum Island next door about a pepperweed pulling party over the weekend on the island down at the down around the Basin Sean what was that all about I read yeah so so um they were it was a a group finally using their uh I want to say RDA with a list of properties that are available for treatment um and I I I wanted to keep the commission updated on it and let them know that this is going on so that was was that was covered under the US ficient Wildlife blanket uh RDA negative finding we gave them were these sites specific to these properties though CU it I just don't remember anything being north of Plum Island turnpike I'll share my screen here and these are the approved Parcels this is one page and there's two Jesus is there a plan is there Locus plan of what uh as in a topographic map it is there a plan showing showing the locations on a on a site plan I thought there was one we just looked at that but it uh it's vast just as the list was I think everyone's supportive of removing invasives um I I guess the it's the oversight and what's and who's doing the work is is usually the concern that at the Department of Environmental Protection let's see so so these are um it's trained by The Refuge um and they do provide bags for for the clean up can you zoom in if you can see my screen here can you zoom in on that Sean I'm more curious about the Basin area Okay so they're identifying all around the Basin okay yeah okay so the airport is here Mr chair it's funny they stop at the Newber port line well because it's an RDA from newbur bread okay so obviously all of the proposed the weed pulling party around the Basin uh is already permitted by a negative determination yes and I I would say by if somebody is trained from The Refuge yeah then they Pro more than likely should have or could have permission okay uh Mark you have your hand up yes thank you I I just wanted to point out that the NDA the negative determination if that's what you call it covered invasives including frag mitees and pepper wheat so basically I'm kind of proposing the same thing but not on private property I understand the well the spread if I could share my screen for a moment and you've probably seen it if you've ever been out to Plum Island you know it's taking over the uh the margins of the of the uh of the turnpike and some of the adjacent roads so if you you know look at this this the corner which you'll recognize near Sunset Club those are you know only adolescent fragm mites and they'll they'll continue to grow up uh higher in higher so while you have citizens doing the pepperweed I guess under the same Authority I'd be happy and volunteer at no cost to the town my own services and those of volunteers to uh to whack these darn weeds yeah I I I think it just who owns the property mark it it really it's probably a two-step process where the the property owner probably has to give you permission talk to Sean oh sorry I didn't raise my hand but I talked to Sean about it he thought that the 10 feet covered quite a bit of this in my view and it would the 10 ft of the roadway which uh might be Town land yeah do remember that conversation it's an easement yeah I I think that the starting point would be the Assessor's Office looking at the the maps of the parcels and and how they're how it's broken up Mark as far as who owns the property um and it actually you know what might be the the cleanest way of doing this is talking to fish and wildlife and see if they'll come back and want to expand their RDA to cover this chairman can I uh can I share my screen again yeah yeah go ahead so just just to um let you know there is frag Mighty in here yeah I mean we all drive by this Mark four of us on the commission live on the island so we drive by this every day frag M's locations so that that's what they have identified as in their RDA um maybe like like the commissioner said it would be a good idea to uh expand possibly expand on this RDA it might be the easiest way Mark to to address the concern is to see if we can get them to expand uh their jurisdiction now uh what we've had happened in the past they meramac Valley planning had proposed doing fragm Mighty uh removal we issued a negative finding and the department intervened and required a notice of intent when us fish and wildlife came back with the same plan uh the supremacy clause I guess us fish and wildlife is you know giving a heads up of what they want to do but no one can really say no to that and so we approved the the RDA gave a negative finding and the department did not intervene and require an N so Diane you have your hand up I just had a question when Sean was just showing those maps are we sure that um Mr Kramer's area is not on those Maps like he went through them so quick I couldn't see I was trying to figure out if maybe the frag mitees are there and then they would be included you know what you you know what uh Mark I'm gonna suggest you reach out to I think it's Mark Hilman uh is the director out at at The Refuge and he may be able to put you in in contact with uh who's running this particular program for them and you see what can be done that to help FastTrack this certainly the commission and the members here are not opposed to you know to removing invasives right but again we you know we push paper you know sadly we we got to follow the process so Mr chair I believe his name is Matt Hillman is it Matt Hillman yes sir okay so Mark I I would make a suggestion to start there uh if it's somehow bootstrapped to what's already existing great I think they would welcome welcome all the volunteers they could get if it's not you you're going to have to do an RDA process you're going to have to get permission from the property owners uh and I I don't think it's going to be a high hurdle the the D seems to appre appreciate it when there is a a big brother overlooking the operation that specializes uh in you know invasive weed management so but I I hope we've given you some direction it supportive of your of your of your efforts it's just how do we get you how do we get the paperwork to let you do it right thank you thank you very much Mr chairman I will attempt not to get arrest I I don't know if anyone's ever been arrested for cutting frag mighties okay I see a guy in a ninja suit with a sickle I'm just gonna look the other way okay okay team any why don't we do this why don't we go around any last comments Wy you want to add any uh words of wisdom before we entertain a motion to adjourn no I don't have any words of wisdom thank you everyone okay TJ how about you there's got to be a little nugget out there that you all good after eight o'clock there's no nuggets Diane how about yourself good okay Brad any any any words of wisdom for us yeah Mr chair I believe this will be my last meeting before my appointment expires on the 30th of June um and and I am going to be in Europe for the first three weeks of July um and then closing on my home on the 30th of July and will no longer be a Newbury resident now Brad you realize that this is like standing watch although you you you're not going to be reappointed you are allowed to participate until you are replaced even if I'm not a member of the community no no I I think that would that would that would probably be the the trip wire but that will be Brad for one I thank you you you've been invaluable on the on the commission and it's um we're going to miss your good humor and seeing you on the island walking your dog on a daily basis thank you Mr chair okay Mick any any words of any any scolding for Brad for Brad quitting being a quitter we go we go back a few years and uh Brad wrote me into this are you kidding me that's that's how it works part of the plan it will be uh difficult to fill Brad's shoes for sure uh no reaching out to Mark Kramer as well appreciate his efforts and and his willingness to volunteer and yeah hope that you know we can uh work things out through through US fish and wildlife or whatever it may be and appreciate your efforts Mark but that's all I got Brad nice exit Okay Sean any any any closing words for entertain a motion to adjourn I I think tonight's meeting was shorter than than uh than what the SK agenda showed and and um I think you can adjourn the meeting okay I'll entertain a motion to adjourn you'll move second okay all in favor TJ Woody hi Brad di hi hi thank you guys thanks everyone have a good night everyone