##VIDEO ID:KpxWzXZOy6A## why don't we get started good evening my name is Bob Connors at 6 PM like to call the September 17th meeting in the new Conservation Commission to order Mason can you please read the remote open meeting law Preamble and take a roll call of the members present as a preliminary matter um I'm Mason fet conservation agent at the Newber conservation commission I call the September 17th meeting to order and permit me to confirm that all members are present and can hear me Members when I call your name please respond in the affirmative Mary rimmer yes T.J KY Mick Brown Diane O'Brien yes Woody Knight and Bob Connors yes good evening good evening everyone this open meeting of the new conservation commission is being conducted remotely consistent with Governor Baker's executive order of March 12th 2020 due to the current state of emergency in the Commonwealth due to the outbreak of the covid-19 virus in order to mitigate the transmission of covid-19 virus we have been advised and directed by the Commonwealth to suspend public Gatherings and as such the governor's order suspends the requirement for the open meeting law to have all meetings in a publicly accessible physical location further all members of public bodies are allowed and encouraged to participate remotely for this meeting the Newber Conservation Commission is convening by Zoom call as posted on the agenda of the conservation section of the town's website identifying how the public may join please note that this meeting is being recorded and that attendees are participating by video conference accordingly Please be aware that other folks May able to see you and take that care take care not to screen share your computer anything that you broadcast May captured by the recorded meeting materials were provided to the board and committee members prior to the meeting for a review applicants of their representatives may be called upon to speak and or share information to the screen if a if able on the Fly we're now turning to the first item on the agenda before we do so permit me to cover some ground rules for Effective and clear conduct for our business and to ensure accurate meeting minutes the chair will introduce each speaker on the agenda and after they conclude their remarks the chair will go down the line of members inviting each by name to provide any comment questions or motions please hold until your name is called further please remember to make your phones or computer when you're not speaking please use earbuds earphones with tablet cell phones and please remember to speak clearly and in a way that helps generate accurate minutes for any response please wait until the chair yields the floor to you and state your name before speaking board and committee members should be called upon first upon first alphabetical order to use the process after board committee members have spoken the chair will afford public comments as follows the chair will seek questions through the chat function when participants are using this function please list your name address and then your question the chair will then seek questions from the public who wish to speak they'll be asked to identify their names and addresses question once the chair has a list of all public commentators they will call on each name and afford three minutes for any comments finally each vote taken in the meeting will be conducted by a roll call vote okay thank you Mason all right upcoming meeting dates October 1st October 15 uh meeting Minutes review we have the September 3rd 2024 minutes draft minutes in the drop box uh when we take a moment see if there's any questions concerns or corrections I didn't see the minutes I didn't see them either oh good so it's not just me well then why don't we do this why don't we not we won't address the meeting minutes tonight we'll just move on next order of business okay first order of business uh enforcement order for expired D file number 0501 13442 oldo Road Sunset Club uh for unauthorized work including the construction relocation of structures the respondant has submitted an noi and it will be heard later on so no further action is required on on this matter uh the next open enforcement order is 105 Boulevard unpermitted yard work again no action the applicant has provided a revation plan uh and is awaiting plants as to timely uh reveta sh uh the next one enforcement order D file number 0501 1326 expired 108 Main Street sub Vision unpermitted work uh and the respondent wanted to ask us if we would consider amending the enforcement order and I see Marin heral is here Marin good evening Hi how are you um so here with me tonight is John col and Tony um so I think we were in front of the commission um sometime in June and the permit had expired for the project at uh 108 Main Street and off Main Street and the commission voted to issue an enforcement order to file new notice of intent um with the condition that no work be started until the f um it was about that time give or take Sean was leaving um and I believe the enforcement order was draft up but it wasn't actually sent to us I think it got lost in the shuffle of him leaving and the agent being absent now meanwhile um I came across a bill that Mory Healey has drafted and this is has been uh submitted to the commission um and essentially it's an economic bill that's in front of the Senate and the House of Representatives and essentially what they want to do is extend permits that have been issued in provide a two-year tolling period so this project itself um the order of conditions was issued December 9th it was valid December 9th 2020 it was valid through December 9th of 2023 and the bill that is in front of the Senate and House of Representatives will provide a two-year tolling period on permits that are valid from uh January 1st of 201 23 to January 1st of 2025 and we'll have two years of extension on this permit now the bill was submitted in March and I can bring this up on the screen if you'd like to see it we're very familiar with it okay and and where it there was no action taken in the last session right so your your understanding is it's being rekindled in the current section right right my understanding and keep in mind this is rumor um that it's supposed to pass sometime this fall um so we're requesting the commission to consider amending the enforcement order um until the end of this year so that if it does pass the permits for this subdivision will be good and we'll be able to um Begin work again okay so right now the enforcement order gave you a 60-day window and and I apologize I recently sent out the the enforcement order that we found in the Dropbox that had been prepared had been prepared by the previous agent but uh hadn't been sent out to the respondent so what you're asking Marin right now you have a an enforcement order which you have in hand which is no additional work outside of refreshing erosion control and filtration and what you're asking us is to amend that so that the requiring the noi be submitted no later than 12312 yes okay right why don't I stop there questions from the members Mary questions from Marin on this uh yeah Marine just uh wondering if there are areas that need to be uh winter stabilized during this time period to because if if you wait to start work until the winter there may be not a good opportunity to do that so is are there exposed soils or things that we need to worry about at this time there's no exposed soils um most there is some uh ground cover rubis and golden rods spread throughout the site um my one suggestion is before work does start that the erosion controls get um reestablished in some parts because they're just they're a little bit in rough shape but other than that no exposed soils so has the site not been cleared yet or does it not require clearing the site has been cleared of the trees um and the erosion controls were installed and the Wetland flags have been refreshed um in the field so um the clearing is done it's just performing the additional Earths work okay so I guess what I'm asking is do you think the erosion controls need upgrading before winter um I think there's certainly certain spots yes that could refreshed if the commission would allow that yep I would recommend that Bob okay yeah it's actually in the order yeah that they can no no actual performance of site work outside of just refreshing the erosion control but rather than making it optional to make it a you know a requirement they do that okay all right thank you Mary Woody any questions on this one uh no I don't have any questions at the moment Bob thank you okay TJ any question no questions uh Mick any question no I think Mary covered it very well thank you as always Diane any any questions no problem with this no okay and I have no questions okay I'll entertain a motion to amend the enforcement order for 108 Main Street requiring the noi be filed by 12324 and that the current erosion control be inspected and refreshed for forth with we have a motion so moved second okay uh roll call all in favor Mary yes TJ hi Woody yes Mick hi Diane yes and Bob Connor V Mary we had driven by that site on Monday Mason and I and the a lot of the trees have been felled but it's still pretty overgrown it it's probably been a stagnant site for a couple years at this point so thank you we couldn't actually get out there to really walk it a bit of a challenge Marin as I recall yeah okay uh enforcement order D file number 0501 336 this is expired it is for three new report turnpike uh for unpermitted work the applicant has provided an noi to rectify the expired order of conditions and that'll be heard under public hearings so no further action is required uh on this matter okay uh next matter is a certificate of compliance for D file number 0501 1294 issued uh on September 17th 2019 for 23 Shen Drive Extension the applicant wants to close out the open order of conditions on the property and request a certificate of compliance Mason can you provide an overview and a recommendation or any questions you may have on this matter uh yeah so I was able to go out to the site and um everything seemed to be in accordance with the plan um we had full vegetation across the area that was redone um all the construction on the outside was complete there was no erosion um at the back of the property there is a stone wall that separates the 25t no disturbance Zone um nearing the pond that the property surrounds um and there was no erosion on that side and there was no effect to the vegetation as well so everything looked good um this is uh or this was permitted as a sub as a subdivision um and it has not been closed out with the planning board um so that's just something to keep in mind as the the planning board will need to um approve subdivision plans going forward um the only minor change um that we saw um while on site was in the front yard um surrounding the catch Basin areas um there was a change from grass to um like a Riverstone kind of rock um still allowing water to penetrate through um but that was the only um small change that I saw on site um yeah besides that I think that's all for observations and bring to the board yeah there was a there's a stone swell that was installed 3 in minus 2 inch minus Riverwalk uh in in L of having a grass SW swell and why don't I do this why don't we open this up to Bob Grasso Bob you want to give us an update on this sure um we file form 8A uh request for compliance uh was partially it's probably 90% uh complete um there's no open uh soil it's all vegetated um so what happened was the the order had expired so we're requesting for a cic appliance to um he wants to do additional work for a retaining wall and a pool and um a Pergola so we filed a new notice intent to close out the old uh D once this uh this if this is issued okay T might we had sent out videos of the site uh Mason and I had walked this on Monday and met with the owner and it's a fully developed site the the stone wall that was installed has probably a 4 foot again that Riverstone Swale in front of it behind the stone is fully vegetated with natural vegetation I think those were obvious in the plan in the photos that I had sent out uh and the I guess the the variance was that and what about the patio you had a question on the patio earlier Mason the RAR patio was that will be for the new n believe I believe okay yeah so so Bob on on your certification the the only Vari that you you noticed was the uh the Swale yeah on the westly side of the property that and thank you for your submitt on the colored uh as existing conditions plan for the next noi but it does show that The Patio uh has encroached into the uh it's in it's in the 50ft buffer um obviously there was no storm water management requirement there but I I stand corrected on that that's 70 the patio and the pool the pool would be 70 feet oh no no no no no this is on the existing on the existing P this is on the on the existing order conditions we're trying to close out yes the variance on that rare patio okay I see what you're saying yes okay and I I think that was the only issue that that came up yeah it's it's um expanded that a little bit and we we did do a stone s uh we have plenty of erosion control uh drainage selles um he did a extensive amount of plantings and shrubs uh grass Bach MCH um as you see the detailed of the asilt um every every shrub is located on the plan uh and every tree um and all the utilities from new report um are all installed um they've been approved uh by the new report U departments he has sewer water underground electric cable that's all been installed and the only really on the west east side of the property would be the only thing that would be undeveloped and that Swale that was um proposed from the initial um nor tent uh was not constructed and with the new ANL noi um we will propose that on the on the new no int all right Bob why I hold you there and open this up to questions Mary questions for Bob Grasso um yeah just regarding the Swale so you're saying that the the Swale that shown in the plan for that was supposed to be grass is Stone but it wasn't completed is that correct um no the SES okay yeah the stone sale behind the house was going to be uh grass but we he put in Stone River Rock which is actually a better type of it cuts down the energy of any flowing water and it's still perious and and where's the sale that it wasn't constructed it's up on the left side of the property um on the West Side um Bob why don't you put up your colored map I think great oh that's my not I have I have two plans one it's the as built and then one's for the new notice intent so which one do you want do you well the green colored plan I think will show okay I can do that be easier to uh point out the area I think can you see that yeah there you go all right so let me just get in here so there's an existing stone wall right here which stops any AC AC it and that's all vegetated behind there um the the water flow comes down through the grass through here hits the stone uh swell into that uh existing tree well right here this is all devel fully developed all stabilized uh we have binder pavement uh up to here showing right here this is the only area that was not developed it's still it's just like you know it's Vegeta and the only sell that wasn't built was this swell right here right on on the initial uh notice tent but the site is completely stabilized okay thanks so that is that section of sale intended to capture runoff from the pool yes yes from the no notice I I'll get into that once okay just as long as it's not needed for runoff no not right now there's for what you've got there okay y yep thank you that clarifies it for me thank you thank you Mary TJ any any questions for Bob Grasso on this one no no further nope okay wood doy n any any questions for Bob grasson no I don't have any questions thank you Bob okay Mick any any questions for no looks good from the videos and and photographs looks really good okay Diane any any questions for Bob gron no I'm good thank you okay I do not have any questions are there any ra hands from the public at this time I don't see any but I rely on all of you to be my eyes on that all right okay does do any members have a request for a site visit or additional information at this time no okay I will entertain a motion to issue a certificate of compliance for 23 chandel Drive Extension atoll second okay that's TJ and Diane uh roll call all in favor Mary okay Mary signal yes TJ yes Woody yes Mick hi Diane yes and Bob Conor VES yes okay Bob see you uh on your on your noi thank you next matter next matter before the commission is certificate of compliance for D file number 0501 1410 this was issued on July 6 2023 for 53 Green Street a new dwelling has been built and as built has been provided Mason can you provide a overview and a recommendation on this matter uh yeah so Bob and I were able to look at the site um everything looked according to plan um the site was fully stabilized they had sprinklers um on the backyard for um the backyard just because of how dry it's been this summer um really trying to establ uh have that grass established um and then the only change that we saw was a small addition of river rock on the side of the driveways um and that I believe is reflected in the photos that we shared um but besides that everything inside look good um yeah okay is the applicant here does the app is the applic here for answer any questions not sure who is well teite we had sent out the pictures of the site uh it is they I mean honestly it did a nice job as was 23 chandel uh you know the attention to detail and the vegetation uh this is just lawn uh 80 85% of it I would say is is is has taken um obviously it's been a a dry summer but uh everything looks good looks healthy uh from from my perspective so why don't I stop there and open this up to questions Mary any questions you have on this one uh no it sounds good my only uh question is that my recollection was there was a some kind of special condition for additional plantings or or protection for that rear Wetland I sent you I sent the the pictures of that RAR Wetland and it looked like it was more like a wood chip Bank uh we had I had filmed that when I it shouldn't have been because I went out there I remember when this was being approved and it was just dense shrubs there um and I do we have the order of conditions in the Dropbox I only have I think we only have the actual request for COC just see there's an as built plan there's an as built plan that was attached yeah there's an as built I just mean I think I thought there was a special you can Circle back to me and I I'll see if I can locate it yeah if on the if you go to the 53 Green Street the email I sent out uh with the pictures it shows you that whole area behind the fence going up pictures are pretty detailed I don't know Mason can you I could probably try to put this up uh let me do this Mary um why don't you just check if you check your I'm just going to check the registry to see if I can pull up the order okay okay all right Mary I'll Circle back with you thank you uh TJ any any questions on this one did everyone did everyone get the pictures I had sent out the video I did okay yes okay anything you're all set no I'm I'm off set Woody any any questions on this one no I don't have any questions well thanks okay mick how about yourself any questions all set Bob thank you okay Diane any any questions no I'm good to looking for the order of conditions one of us will find it yeah this whole Gap with our filing system uh Mason has his work cut out for us because it's cleaning up uh past uh past mistakes and trying to recreate stuff is becomes problematic and a lot of extra work Mason do you have any comments or questions no nothing at the time okay Mason can you put can you put up the site plan and the uh coule letter from the engineer I think it was attached to the back of the uh the form know actually I have it here I was just curious on the wording that the uh I have the order of conditions okay at the registry but well I'm looking at the certification from Peter blell Bas review account as the work perment site substantially complies with the approved plan with the following minor differences noted additional Stockade Fence was added to separate the backyard of Unit A and Unit B Crush shoulders were added to the pave driveway for additional storm water runoff mitigation additional mold spreads and plantings were added along the southern property line the proposed River Front enhancement area will move closer to the two family dwelling the septic system was relocated closer to the Southern Property Line due to ledge encountered during excavation at the Northern end of the system and okay why don't we go to the as built and just see if uh what we have on that Mary you you this was relatively last year we we approved this um I don't remember this being all that complicated for some reason yeah you could expand that a little bit Bob if I may yeah Wy um the was it blueberry bush they put in there yeah so I'm just having a flashback there were mitigation plantings that were required under the special conditions yeah so I had sent a video of that area and it shows and permanent markers that were required yeah I says applicant shall install permanent markers delineating that approved limit of work of work erosion control line to prevent additional encroachment towards Wetlands applicant shall provide documentation indication the detailed locations of these markers at or before the preconstruction meeting and type and placement of markers shall be subject to final review and approval by the NCC or its agent mitigation planting shall be monitored for a period of two full growing Seasons following installation during this monitoring period report shall be provided to the NCC no later than December 31st of each year these reports shall outline the status of these plantings current survivability and need for any Replacements and the status of the native plant encroachment in the area mitigation planting shall have no less than 75% survivability at the end of the monitoring period planning survivability of less than 25% may be supplemented by demonstration of sign significant natural encroachment of native species so they put a split rail fence Mary along the back boundary separating the yard from uh the you know the resource yeah and in the area of propo I'm just looking at the pictures uh in the area that plantings were proposed um there there are plantings in my in the video that I took um yeah I guess we don't have any information about that from the applicant though in terms of where they are and what whether they followed the mitigation planting plan that was submitted I would expect he would have added that as a variance from the plan and his well usually the engineers don't they don't get into the do that part of the thing and if it's still being mowed in areas where there are mitigation plantings then that I I just think that maybe we need to Circle back and if if there's not a pressing need to issue a certificate of compliance tonight um I well I think there transer of ownership or anything I think it is a transfer of ownership um Mason why don't you do this the video I sent it it seemed pretty clear to me to be honest Mason you you had that I sent you that that link if I try to open it up on my computer here with everything else one second it was an email and it was for 53 Green Street that went out we sent these out separately on well on Monday actually because I know we we've asked in the past that either signage markers or a split rail fence being installed to separate usable space in the resource and the the entire yard in backyard and sidey yards have either Stockade or a split rail fence right but what is happening between the split rail fence and the Wetland is what yeah there's a video of it you'll see it firsthand okay and Mary you you you would have got that email as well it might be just as easy for you to yeah check your emails from yesterday the caption would be 50 3 Green Street c okay it's it's loading the O right now so I can't get to it okay Diane did you find that uh I'm not looking at the video but if we need to look at it after two planting seasons and this was the order of conditions only came out in this is the first August 23 right is are we allow we can do a partial certificate of compliance to do that okay all right is the the applicant is not present all right well I'll entertain a motion to issue a partial certificate of compliance for 53 Green Street I ask what is partial yeah what are you saying yes on what are we agreeing we're waiting for planting seon one additional planting season um conf confirmation of the mitigation plantings and reporting of survivability for two years I guess well let me ask you I I don't want to rush this if we're not comfortable with it the applicant's not here uh which is surprising he could answer these questions for us or or the uh the engineer and we can table this and just put on the agenda for next meeting yeah I I personally I would love to swing by and just see it I just watch the video and uh you know it looks okay but I mean it's that time of year where you start to see stress plants are starting to raise you know their colors so I think I I I personally would like to see it um if somebody wants to join me all right so uh do any members have request for a site visit or additional information and the answer is yes I do okay all right so why don't we do this uh what is a good day for a site visit for those that want to visit the site we could look at we've typically been doing them I I've seen it so I'm good do we want to look at something on the 23rd or 24th that's Monday or Tuesday of next week uh Tuesday would be the only morning I would be available the 24th but even if we did the site visit that's still not going to get us to two years well but what it does is the matter matter is tabled we're not taking any action then requesting a site visit and additional information tonight and this will be continued to the next hearing next hearing meeting I I can do Tuesday Mick with you Tuesday morning okay yeah just I know it's minor and kind splitting hair no look at if you know what it the applicant's not here is his Consultants not here to to help us through this and these are all valid questions so okay all right so does a site visit for Tuesday September 24th we've been typically doing these at 8 AM does that work for everybody or perect those that want to join yep perfect all right Mason will you send out a reminder on Monday that we're going to do a site a site visit on the 24th yep we'll do okay and we will add this to the agenda at our I guess it's our October first maybe all right next order of business uh public hearing D file number 05014 3423 chandel Drive extension for construction of an inground pool and retaining wall um Mason and I Mason you want to give us a an overview on this or we want to let Bob jump into his it's up to you uh yeah we can let Bob jump in sure for the record for the record my name is Bob grassel from engineering Land Services um we filed the notice intent um as you said we have a number with no comments we filed on the category 1A work on a single family lot addition pool and Etc um so we're under Section 1A um can I pull my uh plan up is that all right or please certainly thank you sure see we got here can you see that or uh not not as of yet okay share and then can you see that we go okay here we go it's loading all right so you saw the as built from the previous um s compliance U what we're going to do is um there's a stone we're going to build a stone wall like this right here and then do a landscape block wall uh shown right here um that was to keep the the ground level up on top um we're also proposing a a gunite pool shown right here a pergula um which is 11 feet off the U property line which is 10 feet as required and it also be a pool patio it's slightly raised above the um it's 249 249 would be level around the pool and you got 247 for grade so it's going to it's going to drain this way and it's going to drain towards the retaining wall uh the retaining wall will have a um uh a rail a fence and rail uh shown along here and also the um the stone wall will house will have a uh fence and rail uh shown right through here connecting to that existing landscape wall and there'll be some side steps to get down to the existing grade right here um during that uh process we're proposing to refresh the uh silt fence shown in red right here and at the back of the wall uh we're going to complete the initial U sale shown right here here uh Stone line drain soil uh which will feed right into the tree well uh the existing tree well so all that water will be treated inside that tree well um so the only disturbance would be in this area right here um and it'll be um it will be all grass it will be Loom seated um the grade to the butter on 16 shell sh Drive will be um going um the runoff will be going towards the wall and towards the pavement and any any any runoff would would catch into the existing Stone SLL into that existing leeching catch Basin right shown right here um and that's it I mean um that's what he's proposing any questions okay thank you B questions Mary questions for Bob Bob grass on this project um yes thanks Bob um the wall you're proposing I'm just the only concern I have is you know directing water away from that Wetland that you know it potentially is feeding so I'm assuming there wees or something allowing and and drainage uh along the wall to provide groundw to enter yeah that that would be the stone Ling wall that so that whatever W water comes you know off off the existing grass will go over the wall and down and hit that that Swale and feed into that it will be you know infiltrated inside the existing grade and into the tree well which would treated do you have to do any additional clearing for that uh yes there's a side there's the existing slope right here there's just some shrubs and you know like brush uh nothing like mostly Thorns uh it's like it was really thorny the whole site was thy when I first started this job um so that that will be treated you know with the with the tree well and um we'll have to go for a building permit for the wall because it's over four feet and that's why we have to put a a fence and rail um on on top of the the retaining wall and that stone wall um and last thing is are did you upgra update the Wetland delineation or we relying on the same Wetland delineation that has been ref flagged um so it's it's it's still there I mean we didn't change the line it just got refreshed that's it it was you mean refreshed you just refreshed the existing flag location or did Norse go back out and confirm that it's still accurate because I actually went out there and saw the flags and just you know hung some blue blue ribbon where they were okay because the just so the rest of the board knows it delineations expired after three years accept anything right without um additional review so if Mason's looked at it or or anyone else um on the board and it seems accurate then that's fine yeah and and this retaining wall and stone wall will be like you know the limit of any further disturbance towards the Wetland so yeah so you have some plenty of wiggle room there yep thank you that's all the the other thing too Bob on the the pool deck and the pool when we were out there the was mentioning that probably 50% of this property is going to be pitching towards this whale on the street based on the elevations of the pool and the pool deck yes okay right thank you Mary I'll Circle back one more time before we we we wrap this up TJ any any questions for Bob grome on this no very clean like the presentation okay what do any any questions no no questions Bob it looks good thank you okay Mick any any questions on this for Bob Grasso yeah hi Bob just a couple of quick questions I'm not really super familiar with the site sure so the as far as like said the run off towards the Northeast towards the drive the primary receptor there is your your um your leing catch Basin correct yes that's correct it's a it's it's a river rock swell and that will catch and you got the bach M to also slow down the um the sure and that's all sure it's all engineered to for it's all constructed right now so we're we're ready for it and it has the capacity for this additional run off so that's yes and the the tree well I think it's a great idea I love seeing things like that and just if you could just describe to me how is that that acting as a filtering catch Basin in essence or yeah that's that's actually a filter it's a bio retention uh it's a red maple it's a it will probably be have to be replace in like 20 years um so so yeah it it'll handle some moisture we know that no water they like water they do uh no thank you interesting uh project and appreciate the the graphics here it's very helpful okay thank you MC Diane any any questions for Bob Grasso on this matter no thank you Bob okay so so Bob just for clarity all the Hut top is in all of the proposed drainage uh is existing you're you're adding uh that let's call it a shay interlock type block retaining wall the pool uh and on the existing stone wall they had about a three foot buffer of River Stone uh is that going to be a condition is that going to be a design element that's going to be continued yeah we're gonna we're going to feed that right into the river rock s which will eventually get to that maple tree okay okay so what you're proposing is primarily the pool and the retaining one yes and Pera and the pera and there be no um no extra proposed pavement um it just be the pergula the pool and the pool patio uh the retaining wall and the St wall and that s that's it and they're all outside the 50 Foot bucket uh yes yes except for that one portion right here for that wall right here okay okay Mary I'm going to circle back to you any any further questions or follow-up questions for Bob on this I'm all set thank you okay all right uh any raised hands from the public at this time [Music] okay hearing none do any members have a request for a site visit or additional information plan Amendment or adding additional content to the notice of in no okay hearing none I will entertain a motion to close the public hearing still moved second okay so that's Diane and TJ okay roll call All In favor Mary yes TJ hi Woody yes Nick hi Diane yes and Bob Connor SL chance all right uh I will entertain a motion to issue an order of conditions for 23 shandal Drive extension with the usual conditions uh do we have any special conditions we want to add to this Mary anything that you would like like to add to this before we vote or entertain uh I think with the wall um yeah got a buffer there so I'm I'm okay yeah anything with we didn't ask about pool draining and you know flushing of pool water into the Wetland and that kind of thing um I know there standard conditions having to do with pools and I don't remember what they are um you want to add a special condition that no no pool discharge into the W yep okay so that'll be the one special condition y okay very go okay all right um so is there a motion to issue a order of conditions for 23 shandel Drive extension with the usual conditions and the one special condition of uh no discharge of pool Waters during no discharge of the pool Waters into the weap we'll come up a little bit we'll come up a little better verbiage than that but okay do we have a second second okay okay roll call all in favor Mary yes TJ hi Woody yes Mick Mick Brown hi okay Diane yes and Bob Connor's Vas okay thank you Bob so thank you for your what we've been asking uh we we're still playing catchup and and Mason is digging up from a pile uh we would certainly entertain a draft o for our review okay it may expedite the process by I'll have um Mor work with that on that with me okay thank you thank you very much thank you hey next matter is uh it's a public hearing de P file number 0501 43376 Main Street to construct and repair to construct a repair septic system for the property the proposed work is within the buffer zone and bordering vegetated Wetland uh Mason want to give us an overview on this one yes so I was able to go to the site um existing dwelling and septic um there's really no other place for them to put it pretty sure the existing septic is failing or beginning to fail um and they're also pending a Title Five permit as well um and Bill Manuel is here so I will let him take over and explain from there he good just give us your your name your title and your presentation Bill thank you Bill Manuel consultant for the owner Mr Peterson who's also here and this is as Mason said a replacement of the existing septic system um this lot is only 7,800 Square ft the wetlands um the ground is is higher in the front drops off in the back it basically has a walk out basement type setup the wetlands are across the yard the hydric soil is across the maintained lawn in the backyard the only place to put this system is as far away from the wetlands as possible and the highest ground on the lot which would be up in this front corner here it is virtually directly over the existing system that is going to get excavated out we're going to try to salvage the existing tank which is right here if we can't if they pump it and inspect it and it needs to be replac then it's shown on the plan to be replaced um so we do show appropriate erosion control right around the uh the work here I'm just noticing oh here it is the erosion control back here um the one thing I wanted to point out to you is there is a large tree that's right on the corner of the house it it it Towers over the house and I mentioned to Wayne right after Mason and Bob left the site I said Gee that that tree it's going to get impacted by the grading um and we may have to do something about that and Wayne told me that the tree was scheduled for removal uh I didn't know that at the time of filing and I would like to add this for this tree to be removed uh Mr Peterson is is amenable to installing another tree somewhere on the property uh but this tree is just it's a beautiful tree it's a a tall birch tree but it is absolutely it's it's within just a couple of feet of the home and then the branches are completely over the roof it it really needs to go uh it's already been pruned back once he's already had his roof cleaned off from moss and and stuff like that so unfortunately as he as Mr Peterson said it's a beautiful tree in the wrong location it will be affected by the grading here anyway there'll be almost two feet of fill up around that trunk so I wanted to point that out to the commission perhaps that can be uh added as an order of conditions to replace to install one tree for the replacement or of this one to be removed uh that's essentially it it's uh uh replace in place in kind no expansion of bedrooms or anything we have a d number uh I'm hopeful that we can close the hearing tonight and have the commission vote to issue an order of conditions uh we are uh trying to get the system in the ground before winter the system has not been approved by the Board of Health officially although we have 99.9% confidence it will be approved it does need a hearing unfortunately that hearing will not be until October 17th which is after your 2 October meeting so um to wait for that and have to wait for your November meeting then the 20 then the issuance of the OC then the 10 business day appealed period we're kind of pushing the envelope we'd be looking at a December one start so for that reason uh you know Mr Connor explained you know we take our chances if there's anything any changes that come out of the Board of Health process we know we have to come back but we're pretty certain that the plan going to the board of health is going to be the plan that's approved and and we as I said we'll take our chances on that and ask you if assuming nobody wants to see the site if you can close and approve the project tonight okay all right thank you Bill I'll open this up to questions from the members Mary any questions for Bill on this project uh no I mean I think this's you know a special condition if the tree can't be protected like with a well or something like that that another um tree be planted on another location in the property that would be great and um uh bill when did the wetlands get flagged on this one um I think March of this year and I assume that um Mason's been out there to take a look at it so I'm I'm good this is standard septic repair okay Mary so the when we were talking to Bill and the owner we we had mentioned that you know traditionally or typically we don't close out the order can you know the the approval until they've had bought a help sign up just so that they didn't have to come back we I mean we certainly can do it uh but traditionally in the past we haven't and we we discussed kind of temporarily in the field that we could just have a special condition that it's it's subject to B A help final sign off or something like that yeah if if that's the way they'd like to do it I'm fine with that okay okay thank you Mary TJ any any questions for Bill on this one NOP no no other questions okay Woody any questions for Bill I don't have any other questions either thank you okay thank you Woody Mick any any questions on this no I I agree with the the tree especially if it's a birch Bill we all know if it's if it's up and over the house it's already it's a birch it's a pioneer species it's probably close to its maturity anyway and if you back fill over the root system that's G to that's going to suffocate the root system so it's probably going to fail in a year or two anyway so I think it's a good plan to to replace that with something appropriate outside you know outside that fill area I just quick question on is the house occupied and will it be occupied during construction yes y so great so uh what's the plan what are we doing with the Wastewater while the system is reconstructed and you're going to have a period of time where you're going to have a disconnect correct right so what happens is they pump the septic tank so now there's 1500 gallons of storage so you'll basically treat the treat the current tank as a tight tank then yes yep is there any I guess you can't really like do secondary containment after the fact or anything with that right but um no I mean the tank would have to fill up and flow out the outflow right right right right okay no just uh just curious what the plan was to deal with the effluent and uh Wastewater during construction and how long do you think that will be that constru take about a week oh really oh that quickly okay yeah sooner it's it's right off the street it's right in the middle of the yard um so I I don't see much more than a week okay yeah so I mean 1500 gallons probably going to be plenty of capacity for three-bedroom house so but okay great thank you that was my only question appreciate it Bill thank you good good point good point uh Diane any questions for Bill on this one and I have no questions Mason any any follow-up questions for Bill on this nope no questions okay are there any raised hands from the public at this time okay I see none and no one's telling me we have any all right do any members have a request for a site visit additional information plan Amendment or adding additional content to the notice of intent that we can't pick up on the special conditions so all right hearing then I will entertain your motion to close the public [Music] hearing okay so it's TJ and Diane okay roll call all in favor Mary uh yeah are we gonna talk about special conditions now or after no we're just closing the public hearing oh okay got it sorry uh yes in favor okay TJ hi Woody yes Mick hi Diane yes and Bob Conor's vot is okay so the the the two conditions that I I've heard so far is at tree replacement if that particular bir cannot be saved uh and a special condition that the order of conditions is subject to the approval of the Board of Health um I would just add two things one it doesn't have to be a giant tree you know it can be a small tree yeah and also that if this is constructed late it may be not possible to get um grass cover established and so winter stabilization measures may be needed like um you know straw mulch or sauté mulch or some other measure to stabilize the site until we can get it to germinate in the spring oh good point okay any any other special conditions we want to consider all right I will entertain a motion to issue an order of conditions for 76 Main Street uh with our usual conditions and the special conditions of uh tree replacement if necessary do we want to have that out of the buffer or do do we want to restrict where the tree goes or it's such a small lot it's kind of so tight yeah I mean it's going to be best effort there is no area Outside The Bu run this lot but it's going to have to go in the backyard the front yard is encumbered by the system so yeah so tree for a tree Bill yep something suitable you know red maple something of that nature it's going to tolerate the wet soils so native tree yep yeah okay let me add the native tree and subject to the Board of Health and winter stable of winter stabilization measures of ground cover all right um I detain a motion we've got a motion do we have a motion we need a second on on this matter second move okay so quick question is this 72 or 76 M 76 Main Street is the address on this one okay thank you I'm sorry okay so Mick you made the motion Diane you made the second okay roll call vote all in favor Mary yes TJ hi Woody yes Mick hi Diane yes and Bob Conor so chers Bill we've been asking as as we're getting Mason up to speed and trying to dig through a stack of paperwork on his desk that the we would welcome the applicant to submit a draft o we can include the special condition I I'll get right on that tomorrow morning okay and I think that way there we can expedite this for you terrific thank you for your Indulgence and uh moving forward uh quickly on this okay thank you Bill okay next order of condition next order is a public hearing on a notice of intent uh this has not been assigned to file number it's 46 Cottage Road and it's for demolition removal of an existing residential structure followed by construction of a new three-bedroom single family residential structure on a full Foundation and other Associated site improvements Associated site improvements include new septic tank pump chamber installation new pave driveway and reconnection to existing Utility Services um I you know it's as a practice the chair has been deeming uh these submittals incomplete without a file number without any technical comments uh if the applicants here we we're opening the public he ing is there anyone M from Millennium engineering yeah hey Matt so uh we we do recognize that there is no D file number we just uh noticed on their website that they acknowledge receipt of the application at the end of last week and one of their comments their only comment at this point has been that the fee was inal calculated incorrectly and that we need to send some additional fee money to them and to the P so um we understand that we won't be closing the public hearing tonight or voting on this but we did want to give the commission an opportunity to uh see the presentation so in the ensuing couple weeks till the next meeting if there are any concerns or comments we could address them and come back at the next meeting prepared to uh move forward with the applications so with your permission I'd still like to do the presentation and move forward with the uh any questions the board has yeah know you you can do your presentation but typically Matt we I won't entertain questions from the members until we have a complete file so you go ahead and make your presentation okay so uh as you indicated this is an application for the demolition of an existing residential structure and a construction of a new single family dwelling essentially in the same footprint we're going to be pulling it back just a little bit uh I'm going to zoom in here on the the house you can that a view of what we're talking about that's um so the the existing that's good right um the existing single family house is right up here on the Parker river is very close to the embankment um we have existing tanks on the uh Street side of the dwelling and then there is a an existing uh separate garage building here and then there is a gravel driveway that comes over and connects to the paved portion of the driveway which runs out here towards the uh The Cottage Road uh entrance uh on the streets side of the garage is an existing approved septic system that's designed for the number of bedrooms uh four bedrooms uh I'm sorry designed designed for three bedrooms um the structure itself is an existing two-bedroom home but the system was oversized to accommodate a three-bedroom use so what the applicant is proposing to do is to demolish the existing residential structure remove the existing septic tanks that are here uh and then to construct a new single family home uh essentially in the same footprint uh we are pulling it back a little bit further away from the river um and then to relocate the tanks a little further towards the garage and they have that connected to the existing septic system so this will in involve the installation of a new septic tank and pump chamber um single family house three-bedroom home uh with an attached two Bay garage and a a porch on on the side and on the uh Rivers side of the structure as well um on sheet three of the plan set we have a profile you can get a feel for what feel for what the uh the structure is going to look like so this is a side view of it you know side entry here the driveway is on the right hand side here going in behind the building into the garage which you can see the roof of the garage above the top here and so this will be the front door entry um entrance into through the garage as well and then we have the porch on the uh the rivers side of the structure here the base flood elevation for this particular area here is elevation 13 it is an AE flood zone and our average existing grade for the property in this area is 15.5 so the structure the ground around the structure is already uh 2 and 1 half ft above the flood elevation with the first floor of the proposed house or top of foundation rather being at 16.8 so the living area is substantially above flood plane elevation um we did do a review of all of the resource areas for the property and what we found is that the site uh is Coastal Bank uh salt marsh habit estimated habitat for wildlife of coastal wetlands we have Riverfront land subject to Coastal storm Flowage and I believe we've also found when you come over here we have the limits of the natural endangered habitat as well as we have the astronomical high tide uh all the different flood elevations for the river here and I believe I have to look at the actual application but I believe yeah there's uh ECC right here ECC line cutting across the back here um as part of the application we are proposing erosion control around the entire of the development so that way no nothing can affect the resource areas that exist um pretty straightforward uh we do show the set back to the the property line at 79.2 for the rear for the proposed with the existing being at 73.8 so it's coming back about 5 feet and essentially what that means is that the face of the new porch is in line with the face of the existing building so we're basically taking off the distance of all of this existing porch and pulling back the new structure to be in line with the original structure um that's shown here so the face of the new deck is in line with the face of the original house it's pretty straightforward uh replacement of an existing single family house with a new single family home relocation of the tanks um and I know again we're waiting on Con on the state comments so um any any comments from the board or from the public I'll I'll try to answer them but I know we're waiting so we're prepared to request the continuance at this point okay so Matt you're requesting a continu to the 101 meeting yeah okay hey I I I have no questions at this time without a file number or technical comments know in the past DP has always asked about is the existing doc shown on the plan permited that's a question that I can bring up to the current applicant uh I know he is working on behalf of the owner and probably doesn't know that information himself as well so we'll have to reach out to the current owner to determine that but I can tell you from investigating the aial photos of this here this doc has been in for a substantial amount of time it's been there it's not a new addition to the property uh so I believe that it's there um I couldn't tell you at this time and I don't even know the owner knows whether it was permitted okay I have no question does anyone have a question uh for for Matt I just have a comment that you know I think that a big driver for this for our review is going to be Riverfront area compliance so I just want to make sure that you're prepared to discuss Redevelopment versus new development in compliance with the riverfront regulations and the 100 foot setback from the river and and all that we don't have to get into it right now but that is going to be from my point of view um a significant part of the review yeah we do have a section in the application with the narrative I think that addresses that and we can get into that in more detail like you said at the next public hearing okay does anyone else have a question from add at this time all set Bob I'll okay wait for the next meeting all right are there any raised hands from the public at this time okay hearing then so Matt at your request you're requesting a continuance for the public hearing to our October 1st 20 24 meeting please okay all right I'll entertain a motion to continue the public hearing uh till October 1st don't moved second okay DJ hey roll call all in favor Mary yes PJ hi Woody yes Nick hi Sayan yes and Bob con is yeah Matt just looking at other technical comments on the street the department has asked about permitting of docks so just a heads up on that into that as well okay thank you okay next uh next matter is a public hearing uh D file number 051 1435 2-8 oldo Road applicant for proposes to remove one existing landscape boat feature to permit one previously installed 8x20 temporary structure shown on the plans as a mobile merge container and a complete installation of previously approved plantings and various alternative locations and species prior plantings have been approved as part of D file number 050 1344 uh Mason and I we we didn't do a visit on this is as as you recall I think the the applicant had invited the commission out earlier in the in the year so uh who is presenting is is it Matt are you presenting on this or TJ it's me again okay why don't you make right and uh for the record uh joining me tonight also is the applicant Vince cen's on the line um so so as the commission may recall we came before you uh you know a couple months ago with a request for a certificate of compliance and one of the concerns that the commission had was that that application had expired and that there was some work uh that was deemed necessary in order to close that out and so it was suggested that we needed to file a new notice of intent to essentially reactivate the work that was previously approved um in doing this we've uh updated the survey the original application for COC was done using a survey by DCI um and so the new survey that you see before you is a is a survey that Millennium engineering has done um for the existing conditions and what we've done is we've taken this information along with a tree or plant inventory that the applicant has provided us and he indicated the areas where he had planting already we compared that to the plan that was approved by the commission previously and determined uh the shortfall of the plants that were still needed to be installed and as uh as such we came up with a proposed plan uh to show the additional planting needed to bring it back to the amount that was originally approved um so what you see here before you is essentially a planting plan with the intent to construct the raised sand dunes features along the uh intersection corner here of the property at Plum Island Boulevard and Old Point um to install additional plantings in the areas where they had previously been approved by the board along the the the frontage here on Old Point Road and we're using the same plant species that were as part of that original plant planting plan so we're not deviating from that and we're using the same nomenclature as well so um the planting table as a matter of fact is very similar and kind of a copi from that original approval and what we've done is we put additional plantings 38 plantings along o Point Road here as denoted by these symbols um a couple plantings up here in the corner owner of the building um 8 VA plantings uh 38 PV plantings in this area here 20 additional plantings um here and then additional plantings along here would be the um American uh Doom grass or Beach Grass along the the corner here with the Dune features being built up and then some additional plantings in the planter boxes along the front here where the entrances into the parking lot and then as you come back here we've got additional plantings along the fence and around the propane tank um so all of those plantings have been accumulated tabulated and added to the planting schedule you see in the bottom LEF hand corner and we have a note down here um that this basically says that the intent of this plan is to complete the previously approved planting plans and gets the DP file number um and that any deviation or substitution from the plant species that were originally shown would be approved by by the commission or its agent prior to installation uh and gives the total quantities of all the proposed plantings here along with the symbols and like said the nomenclature and the uh both Latin and common name of the plant species uh the only other thing that's added to the plan beyond the plantings is the addition of the unpermitted uh mobile merch container uh which is not part of the new application that we'll be amending later uh but this is the photo of the mobile merch uh container you can see it's just a storage container they've got other ones on site used for kitchen and and other uses to the uh primary business and so it matches with that same type of building that was already permitted and it's in an area over here where it's kind of tucked in tight up against the old kitchen building uh in the the parking lot and we show in that photo what it looks like but we show here on the site plan where it's located like I said at the end of the mobile container where the kitchen is up against the deck and kind of tied up against this landscape feature that's in here just off the the parking lot um one big thing we wanted to point out to the commission was there was on the original application in this area here a large raised sand feature that had seating all over it and uh lowbush blueberry plantings to stabilize it and it actually had I was surprised to see but it had a a rather large length and height wall that kind of encapsulated so there was a retaining wall approved um to hold this area here together and keep that seating area contained um what the applicant has done is they've taken that completely off the table they don't want to put that seating area in they don't need to raise it up in order to create the seating area we don't need the retaining wall and so the plantings that were originally shown along that slope were there to stabilize that raised area that's just not necessary anymore and so that area is kind of defunct from the original permit plan um but there was a propane tank that was supposed to be set up against the building with some ballards and the fire department apparently asked them at during construction to move that out in the way and in order to have car traveling around it they put a small wall around that propane tank to protect it and so cumulatively the loss of the larger wall here is made up um only in part by the small wall that protects the propane tank here um otherwise we have substantially less retaining wall um as a result of that we have substantially far less paved area and impervious surface as a result of the removal of the original buildings and paved areas as part of the original permit and we have uh far more plantings I think here than would actually be needed to uh to mitigate for the work it was done originally but is in line with the original approval so we're meeting that original approval um only one other thing we really noted was that there was two U bio detention or bio uh rain Gardens uh two rain Gardens that were originally approved as part of the original permit one over in this area here and one down here and we noted that the rain Garden down here was constructed it's a little bit smaller than the original one and that the one that was up here was never actually constructed um TJ Melvin from my office took a look at this and he has spoken with the town's original engineer Joe Saka and written a letter and submitted it uh to Joe for review um unofficially just to get an opinion on it and at this point it's millennium's position um that the storm features are not necessary we are in land subject to Coastal storm Flowage um which does not require us to do uh storm water um storm water control or storm water uh maintenance and the result of the final product that's here is far less impervious surface than what was there prior to the construction of this we had a site that had a large gas station a large paved parking lot is a use for that gas station um and three major buildings that were on here which have all been removed we don't have contaminated uh runoff from a parking lot at a garage facility that's seeping into the ground we have a much cleaner site much cleaner runoff and given that this is uh far more pervious than the original approval um it was almost as though those those rain Gardens weren't really necessary and and so we have that letter as part of the application uh you'll see that in the notice of incentiv you go I think it's near if not the last page near the last page in the application and um that will be addressed when we get back before the planning board as well because as you recall the S sidewalk the town planner was also invited to that and at that time they wanted us to get through you first before we came back to them so that will also be addressed with them um other than that it's like I said it's basically a planting plan uh to bring it back into compliance with the original permit plan and and I'd be happy to answer any questions that the commission has sure Matt I'll start so Matt you're removing the the boat that's already in place uh and are the you're not showing the bot courts anymore are they being they being removed as well the two B courts that were down in here okay so there were there was like two um horseshoe pits that were down here those have already been removed okay all right uh questions Mary questions for Matt on this project yeah I have a lot of questions um this is a hard one so Matt first can you help me understand why there are two separate um file numbers for this uh uh right now d P lists this site twice one that has 30 square feet of impact one with 160 square feet of impact right no I can't answer that I can't understand why GP did that we have actually listed there three times and we made it one filing so I don't know if that's an error on their end and the way they entered it into their system but we have one filing with the only one the middle okay um is your it somewhere in your filing do you track impervious area from original existing conditions through the approved plan and then through this plan not specific number we can get that for you but what we do have is the original site plan here that was proposed by the uh DCI when they brought it through yep and without putting exact numbers to it I mean it's pretty evident when you see the amount of pavement around this side here the size of the structures that are there comparison to what we have now which is just a small paved area here and then the one building that remains I mean all of this pavement has been removed so it's without a number on it is clearly a large net reduction yeah but it would be helpful to you know I understand that there was a reduction in improv area from this original existing conditions plan to the the first approved plan but there was a number I think it was on the plan or maybe it wasn't but it was provided at some point during the public hearing process what the agreed upon impervious area was going to be for that approval and I would just like to compare with what you're now proposing to see one if there's additional mitigation planting that's needed to offset the imperious areas and whether that affects your storm water plan design um and also disagree with your assessment that just because you're in land to CL storm flow which doesn't mean you need you don't need storm water management you don't need flow attenuation but you still need water quality um treat treatment you're don't you're not exempt from that um so I think that's why that bio retention area was was there um I see that the mobile merch uh and both the the the um mobile kitchen and the mobile merch are both at grade which we we don't allow on the barrier Beach um typically but the in this case for whatever reason it was allowed as a mobile kitchen because it was supposed to be able to be removed in the event a storm I don't really see that that it's feasible given how that um is is tying into the existing building and and utilities and everything but the mobile merch at least that should be elevated um to to comply with Dune performance standards uh in my opinion um and what else I think that's all for oh I had a list of from when we did our site visit yeah the bio retention area we talked about the septic tank um dumpsters there's gravel um the shed has pavers in front of it and the kitchen has pavers in front of it um between the existing the restaurant building in the kitchen there are pavers that are look like they're impervious as well that were was not in the original plan and I think that is all I have for now okay Mary I'll I'll Circle back as we we go through this TJ any any questions on this format at this point not more than Mir I'll set okay Matt you know swing back you go back to the picture of the boat I'm just curious which boat the new boat yeah is that the boat that uh no GNA get to that here um that boat that's the boat you're removing no no that that that's there's a different boat uh sorry this is Vincent hey vent uh there's another oh actually if you go back a couple go back a few go back back back back there back one more two two to the other side one more all right you can see it in the back left corner right there there's a small boat there that uh is right next to the the horseshoe pits that kind of kids just jump all over that that is going to get removed okay okay TJ any questions no okay Woody any any questions for Matt or Vincent on this one no no I don't have any questions at this time okay H Mick any any questions on this one I am all set on this one Bob thank you okay uh Diane any questions on this one I just had one is this all a precursor I know a couple times we've looked at plans to do like the big tent the temporary tent or the platform is this leading up to that at some point in the future yes what was brought up at the last meeting was that we couldn't really act on the application for a pavilion which is a not really a temporary structure but a coverboard structure um without first you know dealing with the fact that the other work was incomplete and the permit had expired and we couldn't so uh one of the Commissioners asked that we file a new notice of intent to basically bring that un that unfinished work back under an active permit and deal with those issues there and then once we were able to get that resolved through the commission that we could then come back before you with a an amendment to add the Pavilion so that that's our intent is to reactivate the permit address those concerns that are outstanding and then once we get through that come back before you with another amendment and do you know Matt with the next Amendment would everything that you're proposing here stay in place or do you think it will be amended so so this was all done with the express intent for this to kind of merge around what we're proposing to do so this will all remain the same um we won't be taking away any of the plantings or or changing anything as part of this what we will be doing is uh looking at um you know an additional um an additional storage container that maybe come in here and replace the ones that are over here as well as the covered Pavilion area which will be down here where the the horseshoe pits were uh located at the beginning of Summer before they were taken out and so it'll still have a natural surface ground um we we'll put something below the structure at some point but that's not I don't want to get too far you know off Target here because that is part of the amendment that will be and not really what's before night but yes that we did design this all around it so we wouldn't have to modify all that okay thank you as I recall Diane when we had the on-site visit it was the concern was you need to close out the existing order of conditions and and and there's never a guarantee that if you filed an order of conditions that included the Pavilion um that that would be approved at either the local level or at the department level yeah I that's what led to I think the two-step process yeah I went I was at the site visit and that was my I'm just was more Curious is what we're voting on now it's expected at least um to remain in place like I'd hate to vote on something now and then have it you know be completely redone um on the amendment but I guess we'll wait and see what the amendment says okay so mad is as I recall at our site visit uh and I think Mary Mary touched on these uh it was the rain Gardens uh it was the propane tank it was the storage container uh it was making sure that the plantings net total uh matched the original order of conditions that there'd be no no minus on that I think if you did a table of the Delta between what was paved and what's you know now Forest Area would important as I recall Vince you mentioned there was a concrete apron that was removed in front of the existing building I don't know if you have a picture of that that's correct uh well it it would be on the original plan uh Matt if you put that up of of what the structure used to look what the site used to look like yes you can see that that rectangle there so that was approved to remain but but um uh due to just the the ability for the transition and and we just felt handicap accessibility it was just cleaner to to remove that um so that that is a net uh removal from the original approved plan that that um and and the patum of driveway was also remove that you're showing on this plan correct yes but but all of that was approved to be that that concrete was approved to be remain in the original uh approvals but we removed it and and took away additional uh impervious area okay all right Mary I'm going to circle back to you before I open this up to the public anything else Mary I think your comment on a table show the Delta between yeah so we so we know we're approving for additional work um you know the impervious versus impervious in under this plan versus the original approved plan I think that's really all we need um not the not going back to the original existing conditions plan add planting to take out the boat add the bio retention area back in because I think that's needed and raise the merch shed um I think those are the items that on the on the mer sh I know we've been asking to just put them on one cinder block to get it up off the ground that's what we did over on I think it was was it 45th Street it was over by your neighborhood Diane and I think the same thing was down we did a shed we we had a shed recently yep yeah that was a story it was actually exact same size storage container putting in their yard yep okay y okay okay uh Team anyone else on the on the commission have a question before I open this up to the public I'll Circle back again anyway okay any raised hand from the public at this time I see my good friend Steve Mansion has his hand up Steve welcome just at your name address and thank you Mr chair this is uh Steve manin on 14th Street on Plum Island and I may have some confusion still trying to sort out the enforcement against the old file number versus the new one and not sure where the comments you know end up but uh the basic concerns I have were in a short letter that I sent to the concom and really comes down to water and elevation when you um get down to it at a zoning board of appeals meeting this a project was approved by the zba for a pavilion I understand that sounds like it's going to be Revisited later based on what I just heard yeah that's not before us tonight Stephen so right um when that when that comes back or if that comes back then that would certainly be the time for questions regarding that right but um I'm just trying to also mention at the zba meeting the merchandise Shack the mobile merchandise Shack came up and there was also discussion and approval I Believe by the zba about another storage container so that during the winter when it came time to put things away like the umbrellar there be a facility to put them in it too seem to be sitting on the ground so part of my question would be is do we have a storage shed as well as merchandise Jack that needs to be lifted up off the ground um the other word that comes up when I think about this is the need for an elevation survey I'm not sure that one has been done but if the FEMA flood elevation is in the order of 12 or 13 ft that does get to perhaps some discussion about how much off the ground these mobile structures need to be and what the procedures will be to move them in the event of a flood event certainly the um the kitchen is a mobile structure as well which you know received approval under the old noi I believe but it also needs uh to have utilities being disconnected and a flatbed truck to come out to move it and my concern which again ties into elevation and procedure is that during the January floods you know the turnpike was closed and when I made it back onto the island shortly after the U powers to be allowed access to the island again I don't believe there's any indication that a uh flatbed truck or some sort of device to move mobile structur such as the kitchen such as the existing merchandise shed were there and ready to go and certainly you need to preposition those uh trucks if you will ahead of the flood and I don't think that happened so I think I'm looking to see something that discusses how much off the ground does the merchandise Shack and the storage shed if it's there need to be to address flooding issues and procedures about how they will be moved in fact in the event of a flood I also note in passing that um the project you previously approved things like portable toilets which is sitting on the ground and again mobility of being able to move them in the event of a flood becomes important again hence the need for an elevation survey and some planning to move portable toilets as well because that could certainly cause a public health issue if they get tipped over um again I'm afraid I may be mixing comments that are under the old noi and the new noi but it just goes to some of my own confusion and I sort of look to the board to sort out what is relevant to whatever particular elements on the table question I'd be happy to address them but thank you okay thank you uh Mary do you have any further questions at this time oh just in response resp to Steve's comments there this is a doesn't show up very well but this is an elevation plan it does have toppo on it they're well in the flood plane it's ae13 and ground elevation is like eight or nine so they're well in the flood zone I don't know what the building code is for for merchandise sheds and and storage sheds for elevation above the flood zone but um they're certainly in it yeah yeah I had a conversation with the building in ector to to get some clarity on permanent structures and temporary structures uh and permanent structures of that that are on a foundation piling requires a permit to install and a permit to remove temporary structures which can be anything from a storage container by his determination uh or a dumpster U didn't never raise the question of Porta parties but they dropped off one day and picked up the next in in a number of different construction sites does not require permitting does not require a permit to install a temporary structure or to remove it uh and that was his guidance this was a question that's been percolating uh along and the just going back on the last couple of sheds that were storage containers I think it was D what what was the address down by your neighbor was it 405th Street um 5402 44th Street I think yeah 544th that was a storage container and it even showed up on the accessor um site as a shed did it it was a storage container with the door right still yeah I guess the question is if it's meant to be a permanent structure are are and then are are we skirting the rules here by calling it a temporary structure if it really is going to not be removed in theend of well I I I I think that again it we we follow the state building code on on what that is but is it our duty to say okay where you're operating on a coastal Dune you need to you know put it on piles like any other project would be in above the flood zone so that's part of yeah no no I I this what what as as I recall I think it was down on the temple they were putting in a shed and we we asked them to put it uh on one cinder block just to keep it off directly off the grave that wasn't in a flood zone that was because of the Dune performance standards they were I don't believe they were in a flood zone there yeah yeah no I uh no I hear what you're saying from my perspective if it's temporary that means it's temporary a dumpster temporary can be removed at any time and and it could stay there for six months a year or till someone changes their mind yeah me it's the trigger of a permit to install and a permit to replace but all right Mary anything else or I'm gonna I'll just keep going forward here no I'm I'm I'm set I just you know would like some additional information yep uh TJ any any comments or questions on this not not on the resources um you know I think the um clarity from the building inspector is is what's driving that question uh on the temporary ones and um we firing his having protocol over that um so okay thank you TJ Woody any any question Janice I see you and when I finish with the members I'll Circle back I don't have any questions right now Bob thank you okay Mick question right now Bob thank you okay Diane any any questions no okay I don't have any additional questions Janice please give us your name and address and what's on your mind Janice Forest 72 oldo Road Plum Island I just have a simple question how many boats are on the site now we may have to license that as a marina that's a good question Vince or Matt can you answer that yeah there's there's total of of three that were donated by the um uh L's boat shop um there's one that is is essentially just a a flower bed that is right next to the container um there is the one that's just south that is used essenti a seating um and then the third one is just kind of decorative that that has turned into a a kids playhouse which is a part of the reason we also want to remove it because it just gets uh gets beat up and and it was not the intent that it it'd be used as a jungle gym okay thank you anything else Janice NOP okay Steve a follow-up question yes please thank you Mr chair um again I'm not arguing against the proposal but rather just trying to raise concerns which I think are curable in terms of concerns about uh being off the ground and avoiding being Swept Away during any floods um I think it would be wise if the if some of these structures are said to be uh not temporary or mobile for an order of conditions to reflect the condition of what you have to do and when you have to do it to move them out of Harm's Way so and that would I guess would be a special condition so and I'm not an engineer or a traffic guy that I could uh offer up some language just yet but I think that's something I would ask the commission to be thinking about you know triggering the movement of these mobile facilities particularly uh you know for the if we can revisit the mobile kitchen with uh gas and electricity hookups it becomes critical to not have that flood in my opinion so with that I say thank you for your Indulgence to let me speak again okay yep thank you Steve okay so Matt uh just reviewing some of my notes the the questions that seem we need some clarity to is so you're you haven't had site plan review and typically site plan review they just ask you to be before us to have all your that you filed before conservation or zba is isn't that typically what the requirement is not final final action before they'll entertain it yeah that's that's correct and that seemed to be the the direction we were getting on the site walk as well that they wanted us to work work through the issues with this board first and then when we're ready come back before them okay on so you're proposing to remove the boat the B courts are gone although I thought I saw him there a couple of weeks ago um which again I no they they were removed uh shortly after those pictures were taken before we had actually come in front of the board the first time so sometime I want to say in April or May okay before we we we started our discussions okay and and I think Mary was mentioning that having a table showing the Delta between what you're move for impervious materials you know for us that have lived out here and went to Angie and and knew the mates uh the site was substantially paved uh and you know now virtually other than I I think it would be a good demonstration guys you probably had 4,000 square feet or more of impervious service and you're probably down to 25% of that and and I think that was part of the I remember following this I it wasn't involved at the time and the the addition of the self-contained kitchen was Innovative and and I think it was cons it was considered a a positive and anything can be removed and you know whether it's just disconnecting this or that um I don't recall that being flooded did the kitchen ever get flooded during that last storm I don't think no none none of none of the structures actually had the main restaurant as well as the the kitchen container and the mobile and the kitchen container is actually uh a watertight container as well so it's not uh uh of any issue that if some freak occurrence did happen uh and it wasn't able to get moved in time that it that you know water would actually get inside of it okay and the other question was on the uh the merge container now on the storage shed is this something it's going to be brought in on an annual basis put it there to use it for collect all your outside seating and and and it it's something that that the plan would be to to keep there um uh and just to have as as storage especially in the for use in the off season for for um but just have it kind of live there has that been shown on this plan I I don't uh I believe that's all going to be part of the amendment that's correct so that's I wanted to point out that although that's been a part of the discussion on on kind of the discussion not part of this okay right and and the one other thing I wanted to bring up is As far as the porta potties go the the season where there there is potential for for flooding um there are no Porta potis on site they get removed uh probably any week now uh and they don't come back until uh sometime in May usually okay all right no further comments from the public so guys it seems like we have some open issues we're going to need you to come back to us with um Matt any any any response to different question yeah go ahead um ju just one more thing real quickly so one of the comments that came up had to do with the rain Gardens and and the fact that I had made the comment that I didn't think that they were necessary um we still stand by the fact that we don't believe they are actually necessary um we do have a an engineer here tonight who's here representing another project but is willing to speak on the matter um but he's the one who looked at this for storm water compliance and he spoke with the original engineer from DCI who did the filing prior to making that statement and writing the letter that will again go before the the site plan review and will be reviewed by Joe stalker once again um so I I'm by no means an expert when it comes to St water stuff that's I rely on the engineers in the office he just happens to be on the call tonight so if if there was uh any specific question that he could answer I'm sure he'd be willing to do that for you as well I I would think Matt that we need to have that on a create a document have it stamped whether it's and what impact or no impact it had to the original storm water filing calculation because was the DCI were they the original ones that did the storm water calculations correct Steve Styer and DCI who did the original and so here in in the application we did submit like I said the the letter to the Newber planning board specifically this was sent over to josea I think in a draft form for him to make sure he was in agreement with it before we you know move forward with this in and this was specifically signed by the engineer um James Melvin TJ who's who's on tonight and can answer any questions related to that okay well TJ why don't you give us a condensed version of why we don't need this additional I I think that the big intent was when we did the site inspection guys was one to to clean up the work that you already have on your expired orders and and have no CH net change that if the the rain Gard were we going to utilize x amount of gallons that whether you had one or two they couldn't be a net reduction same thing on the plants uh I mean honestly I didn't really have any problems with the fire department moving there of dumpster locations because it's it's pretty traditional it's just good to get them memorialized now so TJ what what's why don't we need to have the proposed Rain G good even why don't we why don't we why uh why do you not need to increase the remaining on to cover what both were doing absolutely uh good evening TJ M Millennium engineering um as met mentioned I'm here for another hearing but I figured I could chime in as best I could um so my opinion after looking at the DCI plans and the original existing conditions is again as Matt had alluded to the site is completely within land subject to Coast storm Flowage so we are not required to attenuate Peak rate runoff leaving the site um and again as Mary had alluded to that doesn't exempt us from the fact that we need uh to provide any type of water quality volume um however in this case and I believe I'm correcting saying that this project was approved as a Redevelopment project which requires us to meet the storm water management standard specific to water quality volume only to the maximum extent practicable um so originally that was the intent of the original engineer was put just a little rain Garden treat what you can um and you know really not meeting the full requirement of the the storm water standards because they weren't required to uh so now looking at the site based on the site walk one of the the locations for the rain Garden um at the I believe it's the northern entrance uh there's a subsurface tank there so trying to put any type of storm water feature above that isn't ideal wouldn't want to inject more water into that system than need be um and the reality is there's not a ton of pavement that's actually making it to that area um so kind of my thought process of this was now based on the existing site conditions we can't put it there um so if we were to go down to the the southern rain Garden kind of a similar fashion um you know in order to to put the burm in as as was required you know we'd have to expand that Basin a little bit larger a lot of this parking lot or the paved surface that runs to it um isn't providing extra treatment isn't kind of netting out all of the treatment for any of the rest of the site uh and further a lot of it actually runs to the sand and infiltrates before it makes it to the Rain Garden uh so that was kind of my thought process was you know this was Redevelopment site what was originally approved was maximum extent practical and now based on the existing site conditions this is kind of what is the maximum extent practicable at this point I mean I I I think the push back on that and one of the discussions we had at the site visit TJ was the proposed rain gide in this location you you had the room to expand it whether you choose to do that or not or would like to do that you certainly have the ability to expand it to to meet uh the coverage that we're losing in the other area I I think in the alternative and I think Mary would could chime in on this if on some of that paved area in the parking lot I mean you've got kind of a Mis Ash of stone crush and run and pavement um it it it may be equal if you want to eliminate some of that parking of the pavement in the parking area and and restoring it to Stone I I'm just kind of broad brushing some ideas here and trying to decipher what what the members have done in the past and what def find a a middle ground so we can move forward on it yeah my kind of thought B if you could actually just scroll up just a little was even like say we were to expand that that rain Garden to meet the volume yeah certainly we can make the volume work but the practicality of it is that expanding that isn't gaining the treatment over other areas that aren't even flowing to it so say you're required for instance to provide one inch of water quality volume over paved surfaces per the standard if we were to increase the size we certainly could um it wouldn't we would just be gaining a little bit more treatment over a smaller area of impervious uh and not actually gaining it for the entire site so yes theoretically we could have the volume there but the intent of treating any runoff from an impervious surface it's not all getting there so it's not all treating it as the you know if this were a Brin new project would have to so then you know then what the rainard that was by where the uh the sewer Interceptor was what was the calculation of paved area that that was was going to treat that was going to serice um I again I I don't have the numbers in front of me I just wanted to try to hop on and give my two cents of my thought process writing the letter um but I I can double check and we can give you back that information at the next hearing if that rang out was going to Service 200 square ft of paved area and I'm I'm just using a number and you proposed eliminating 200 square feet of paved area um that may be more palatable to the commission uh one one thing I can note on this picture that is up um we did not actually end up it it's just graveled in this particular area where it's showing a a firmer stone dust which was where that was going to be running off it's it's actually just gravel like the rest of of the drive so it it is not as impervious as what was approved yeah I'm just giving opportunities without duplicating another area I I think we made it clear at the at the site visit that there was going to be no net reduction of what you had proposed to do um and trying to find a way to accommodate that just throwing out a suggestion absolutely yeah I'll double check the numbers of the the impervious area reduction I don't recall the difference between the DCI plan and what's out there today um I I know I did look at that at one point uh I want to say the overall reduction from existing conditions was about like 12,000 square feet of impervious area but um we can definitely double check that and there may even already be a reduction from the approved plan in impervious areas that would otherwise trigger water quality volume treatment um and we can get that back to you okay or that concrete apron that was originally approved to stay was removed um I I think that's the table the Delta between the the give and take on this that we're looking for understood yeah we can look at that okay all right any members have any additional questions oh I'm assuming the applicant wants to request a continuance of the public hearing to October 1st correct correct okay all right uh I'll entertain a motion to continue the public hearing at the applicant's request to our October first meeting so moved okay was that TJ was the second yeah okay roll call all in favor Mary yes TJ I Woody yes Mick hi Diane yes and Bob con is so cheers thank you guys TJ I think you're up uh on the next one okay next matter is a continued public hearing notice of intent D file number 0501 1432 three newort Turnpike for the construction of a mixed juice residential retail building and parking area installation of utilities and all Associated grading within 100 feet of BBW and ibw Mason and I were looking at this site and I think we're going to let TJ walk us through where they're going and I would probably recommend that uh we do a site visit with the entire commission at some point in the near future TJ why don't you bring us up to speed good evening all right good evening everyone TJ melv with millennium engineering uh let me pull up the plan here can everyone see that okay yes okay uh so this project was approved by the commission back in I believe early 2021 um against a mixed use building 14 residential units and 3,000 square fet of commercial space um we have the oneway into the site uh the associated parking lot and the oneway exit um right at the traffic circle um it's part of the project um so to mitigate storm water majority of the site kind of flows in either direction towards the rear of the site storm water is collected um and we have a rain Garden located in the back of the building here um the date uh as the chair had mentioned um you know they've been out there so this project construction had started um um maybe a year to two years after the approval uh there was some delays with Co and everything of the applicant actually moving forward with the construction on site um the site has been cleared um it was the majority of which was already done beforehand um you know Phil had been brought in the rain Garden been pretty much it's shaped um you know we have the burm in the back the Overflow is installed it's definitely not complete um the foundation has been installed um you know there was some I guess uh parting of the Waves between the applicant and the previous contractor um so he has since got a new contractor uh you know that's going to take this and complete it um utilities have already been installed the building is not fully connected but everything in the roadways the the sewer pump and the connection to the manhole has been installed uh as well as the water main extension um as part of this project um as well as you know passing the commission to kind of reapproved project that was previously approved we do have one minor change uh that we would like the commission to consider um as part of you know furthering the architectural plans from the pering set that we had originally started with they kind of put some more definition to the commercial spaces on the first floor uh it's requiring egress from the back of the building so we're now proposing a concrete walkway along the back of the building with small retaining wall um it did slightly eat into the volume of the rain Garden uh we have provided Revis storm water calculations which uh We've submitted as part of this package as well and the other change is to provide a Transformer Pad in this location here um again we you know have approvals from uh the select board the planning board um that those are all still in place uh really the the order of conditions had expired um we were kind of hoping as was brought up earlier for that kind of permit extension to kick in I and come before you with just an amendment but we're refiling the notice of intent to kind of get the order of conditions back in place and again also ask for the approval of that minor change um moving forward uh assuming that you know at some point we do obtain approval for this I know the contractor wants to um you know they're going to to do some work to the foundation um not sure the extent of that it may be coming out and put it back in um and he really wants to get going get the erosion controls back up the speed where they need to be um once foundations's end they can kind of progress a little bit more in the rain garden and continuing continue on with the rest of the site work um so it's a brief overview um I'd be happy to answer any specific questions the commissions May commission may have um and can go into any further detail okay thank you TJ so TJ Mason and I walked the site and so the outstanding enforcement order G gives you the ability to refresh all of the actually we we'd actually want you to refresh all the erosion control the the contractor did call me to ask about that so looking at the site obviously you've uh it's an interesting site to say the least and I think it' be beneficial for the members to have a site visit out there U sooner rather than later to walk us to it there's a lot going on a lot of stuff you know directly behind the foundation uh I mean I mean within feet is a cat and Ninetails um you you do you know the area that I'm talking about um you're looking at if you move your curs it you're you're uh down to the B head back towards yeah right in that area right behind that area there directly behind the building Mason do you recall that was yeah it almost looks like a a small catch Basin for for rain or something but it's a a pretty good size impression in the ground on the back side of the building it was just the vegetation that was in it that was indicative of of wetland um yeah so again this had kind of already this has been dug out to be a rain garden with planting so oh okay okay I gu yeah so this dashed yeah this whole dashed thing here is the outline of the what was shaped for the rain garden and it's kind of sat for the past six to nine months so okay then that makes a lot more sense to me all right why don't I do this let me open it up to questions from the members um so Mary questions for TJ think the site visit would be very beneficial to all of us yeah I think I need to abstain on this because I was involved in the original cleanup on this site so okay all right thank you Mary TJ uh I think I'll wait for the sh okay Woody questions for TJ on I don't I don't have any questions at this time um other than I will make the comment that there was talk of snow snow storage and I don't know if there's still snow storage area to the north of this yeah I see still shows on the plan I know there's some on the south actually oh on the South Side okay oh yeah there yeah there is at the North side too if you scroll back yeah yeah so I think um right on the property line between that and Subway it looks like it's still showing yeah I think one of the questions that had come up uh with the planning board was we we just have a kind of errant note here to be removed um that was in reference to another thing that just has to be deleted so we are proposing snow storage on both the North and South sides of the building okay what is the stat what is the status of your site plan that's still in that's still still in for us TJ yeah um so we did go in front of the planning board about a month ago for a minor modification for the walkway and the Transformer Pad um and they obviously the order of conditions had expired for this um as well as they wanted kind of the commission's feedback before they really took it much further there were some other questions regarding walkways and access to Route One which we're not proposing to change at this point and you know have do approval so um really they were looking for the commission's feedback and getting the an order in place on this project uh Mick any questions for TJ on this matter no I think I'm gonna wait for the S sidewalk G to get boots on the ground there on this one I think okay Diane any questions for TJ on this one no thank you okay so so TJ the the original rain Garden are you encroaching on that with the walkway and are you going to replicate the like kind amount expanding the rainu and do compensate for the concrete wall in the back of the build excuse me for the walkway and the retaining wall you're proposing in the back of the building uh we are slightly encroaching on it um our intent was not to expand it anymore um I did update the storm water calculations to show that you know the rain Garden still does have sufficient capacity it really bumped it in about a foot um so it still have sufficient capacity and the runoff the peak runoff rates you know are still within the storm water standard so um there's really a small tweak to it which I'm not u i I guess expanding it would kind of just provide extra uh I guess closer alteration to to the Wetland as we're kind of already pinched with what we have but again it's my opinion that it has enough volume and the rates still work okay okay are there any raised hands uh from the public at this time I don't see any all right so TJ uh Woody did you have a question no not at all okay so team I I think a site visit would be very insightful for all of us uh and so TJ what the commission is going to ask for a site visit and I thinking what would be our availability we we have the 24th right now that we're going out to 53 Green Street TJ how is your availability on Tuesday the 24th uh just give me one sec I can make that work you said it was morning yes so we I we were I think we were doing Green Street at 8 I don't think we're going to be there more than 20 minutes it's going to be I think pretty quick so 8:30 quarter and nine does that work for you at nine o'clock TJ yeah yeah I'll be there I'll be there for 8:30 okay mick how does that work for you Diane does I can be there okay Woody how about yourself yep sounds good okay so TJ I I'm anticipating that you're going to request that we continue this public hearing to our October 1 meeting yes okay uh I'll entertain a motion to continue the public hearing at the applicant's request to our October 1st 2024 meeting so it looks like TJ and was that you Woody yes second okay okay roll call all in favor Mary has abstained TJ hi Woody yes Mick hi Diane yes and Bob Connors okay so Mason what we'll do is we'll schedule a site visit for 8:30 uh on the 24th at three Newport Turn Pike we'll do okay and TJ it may be beneficial to have your the contractor there as well yes absolutely okay and I think that way that we can make sure that the erosion control back in the way the way that we want it to all right well team that is our last matter uh so under General discussion I I have a request into our town councel on what the zoning update is on the adus for Plum Island the piod uh overlay area be interesting to see how that's going to you know work on that and how what does this uh order by right do is that the overlay District was pretty restrictive on bedrooms and and matters like that so I I think we can anticipate we're going to have some some uh future applications that we'll be trying to address this I'd like to get ahead of that so Last Words Mary any any final words before we before you make a motion to adjourn I have no words okay how about you TJ any any any comments okay Woody how about yourself I'm good Bob thank you as always okay Mick any any any comments I am all good Bob thanks Dian any any comments I am good thank you Bob and Mason how are you holding up over there absolutely great all right I'll entertain a motion to a journ so moved I'll second up everybody yay all in favor Mary TJ Woody Mick Diane Bob yes yes thank you 88:13 pm